SOW 687-24-101 Demolish and Regrade Connecting Corridor R0.pdf

ARCHITECT / ENGINEER STATEMENT OF WORK

Facility: Jonathan M. Wainwright Memorial VA Medical Center Project Name: Demolish and Regrade Connecting Corridor Project Number: 687-24-101 Date: December 28, 2023

Place of Performance Walla Walla Campus 77 Wainwright Dr.

Walla Walla, WA 99362

PROJECT BACKGROUND

Walla Walla Veterans Administration Medical Center (WWVA) has numerous buildings connected by a covered corridor approximately 1200 feet long, typically of wood construction and is primarily elevated several feet above grade. Numerous utilities are attached to the underside of the corridor, some active and some abandoned. Future plans include demolition of several of these buildings which requires removal of the corridor.

The corridor will be replaced with an alternative solution as determined by this project design. The existing, active utilities will be rerouted as part of this project.

1.0 OVERVIEW

Provide Architect/Engineer professional services to include Schematic Documents, Design Development Documents, and Construction Documents. Work included in these deliverables is preliminary concept and program development, investigative services, design narratives/analysis, planning consultations and visits, design work, calculations, preparation of contract drawings and specifications, sample boards, preparation of cost estimates, construction period services, site visits, and other services as required.

2.0 SCOPE OF WORK:

Provide all professional services required to remove and replace the covered corridor, including the necessary phasing required to ensure adequate access to all buildings, including ADA requirements. Evaluate alternatives to replace the corridor, including but not limited to, covered, uncovered, above grade, below grade and routing. Remove abandoned utilities back to the source, reroute existing utilities to the appropriate buildings and constructing stairs and ramps as necessary to access all buildings currently connected to the corridor.

3.0 SPECIFIC TASKS:

A. Identify all existing utilities located within and beneath the existing walkway.

B. Reroute active utilities below ground.

C. Demolish all unused utilities back to the source and to the destination as far as practicable.

D. Abate all asbestos and lead as necessary.

E. Remove walkway in its entirety, including but not limited to:

a. Unnecessary concrete pathways

b. All support pier and structures.

c. Floors, walls and roof structures.

d. Connected structures such as decks, shelters, porches and similar.

F. Ensure all affected buildings have ABAAS compliant access throughout and at the conclusion of the project.

G. Provide necessary site or building modifications and equivalencies to address any life safety violations created by the removal of the corridor.

H. Where practicable, expose and restore original decorative railings concealed within the corridor walls.

I. Provide improvements to the site vacated by the corridor, such as landscaping and irrigation, site lighting, sidewalks, or other solutions as determined by the project team.

J. Coordinate final design conditions with the future site plan, by others, to minimize work installed under this project that would interfere with or be destroyed in the implementation of the site plan.

4.0 GENERAL TASKS:

A. Pre-Design Site Investigation: Conduct a thorough site inspection to verify existing conditions. Provide an agenda for site visit to ensure all required key staff and players can be included and scheduled.

B. Fire/Life Safety: Fire protection implementation guidance to the A/E with respect to the National Fire Protection Agency (NFPA) Fire Codes is provided as follows:

1. VA has adopted the National Fire Codes (NFC) published by the National Fire Protection Association (NFPA), which establish a minimum acceptable level of life safety and property protection. Life safety requirements are specifically addressed in the Life Safety Code, NFPA 101. Where conflicts exist between codes, the designer shall follow the code specified in the text under the subject section of this manual. Fire Protection design shall be based on the latest editions of the NFC at the Date of Award of the contract to the Architectural Engineering (A/E) firm. Under special circumstances, the VA will require compliance with a more recent code edition when significant changes to the code have occurred between the Date of Award to the A/E and the Date of Award to the prime contractor for construction.

2. At DD-1 design, if necessary, engage a certified Fire Protection Engineer to conduct a Fire/Life Safety code review of design documents and incorporate the comments from the Fire Protection Engineer into the design. Design the necessary Interim Life Safety and Permanent Life Safety provisions for impacted areas. Provide and coordinate the review of the Life Safety Provisions of the project design with a third-party, independent licensed Fire Protection Engineer (FPE).

3. National and Local Codes: The A/E shall deliver a letter signed by the third-party FPE certifying this project’s compliance with all fire protection codes and requirements listed in the VA TIL.

4. The third-party FPE shall be involved in reviewing the design, but may also be involved with reviewing contractor’s submissions, conducting pre-occupancy life safety inspections, and/or witnessing final fire protection acceptance testing.

5. For code interpretation and enforcement, the Authority Having Jurisdiction (AHJ) for all VA projects is ultimately the Deputy Undersecretary for Health for Operations and Management (10N), with the Safety and Fire Protection Engineer (10NA8) acting as the VA Fire Marshal.

Note: The above list is intended to serve as a starting point for design and does not represent the only information in identifying the project scope.

5.0 A/E RESPONSIBILITIES:

A. Produce a complete set of drawings, design narrative/analysis, calculations, sample boards, and specifications in accordance with professional standard practices and VA criteria. Each AE discipline shall obtain from the VA TIL a copy of their respective VA design manuals, standard details, construction standards, and VA National CAD Standard (NCS) Application Guide. A/E shall annotate all references and their sections in the narrative, calculations, specs etc that apply to the project.

B. Provide a checklist of all submittals, certifications, tests, and inspections required per drawing and specification section.

C. Attend a kickoff meeting with VA engineering staff. Include a thorough site inspection of existing project area. Don’t rely on the accuracy of the original construction drawings for information. This meeting will include a tour to view the project site.

D. Recommend design approach and options based on the existing site and new engineering requirements. Include design approach and options in the schematic design narrative prior to start of design phase.

E. Plan, coordinate, and conduct monthly design and coordination meetings between A/E technical disciplines before submitting material for each VA review. VA meeting room facilities may be utilized for project meetings. Coordinate with Facilities Management Service (FMS) for use of VA facilities project area to ensure no other projects or construction will conflict with planning and/or work. Establish an FTP site or other project management software acceptable by the VA and suitable for the file sizes for use by the A/E and the VA to review documents and assist in communication.

F. Provide a preliminary cost estimate as part of the schematic design phase and an itemized cost estimates at mid-design and final design. Follow the Manual for Preparation of Cost Estimates for specific deliverable requirements, see Attachment 2 for applicable sections.

G. Provide a recommended construction period of performance, with estimated variance, and risk register.

5.1 DESIGN CRITERIA:

A. In accordance with FAR 52.236-22 Design within Funding Limits, the construction cost limit for the construction contract cannot exceed $1,813,000.

B. The following criteria, found in the VA Technical Information Library at http://www.cfm.va.gov/TIL/, shall be used to develop the design. Many of the below documents refer in turn to other manuals, designs, and codes; all of them must be followed unless a deviation is called for below. Where conflict of any reference occurs, the A/E shall notify the VA and request clarification on how to proceed. Track these conflicts in a conflict registry as seen in Attachment 1.

1. Master Construction Specifications PG-18-1

2. Design & Construction Procedures PG-18-3

a. Topic 18: Every analysis listed in Topic 18 shall only be performed if explicitly called out in this Statement of Work.

3. Standard Details and CAD Standards PG-18-4

4. Equipment Guide List PG-18-5

a. Priority shall be given to PG-18-9 and PG-18-10 as well as the end user needs at the facility. Any conflicts must be submitted to VA for clarification and approval.

5. Space Planning Criteria, and VA-Space & Equipment Planning System (VA-SEPS)

PG-18-9

a. All space planning design shall be coordinated and approved by the facility space planner.

6. Design Manuals (by discipline) PG-18-10

7. Design Guides (graphical, by function) PG-18-12

8. Topic Specific Standards and Criteria PG-18-13

9. Room Finishes, Door, and Hardware Schedules PG-18-14

10. Minimum Requirements for A/E Submissions PG-18-15 Vol C

Section I Submission Deviations:

a. Replace paragraph A.7 with the following: Submit with each design submission, all calculations, assumptions, reports, investigations, and analyses performed, generated, used for reference, or similar, that influenced the outcome of the design. All calculations shall be labeled and reference the appropriate section of the narrative, and each narrative associated with calculations shall cross reference back to the appropriately labeled calculation. All calculations submitted during a review shall be resubmitted during subsequent reviews for any changes.

http://www.cfm.va.gov/TIL/

b. Per paragraph A.11 final drawings shall be furnished in an electronic / non-physical format that can be downloaded (email, a database, etc.)

c. Omit paragraph B.4

d. Paragraph D.2: Resubmission, if necessary, shall be 5 days after VA returns the plan.

e. Paragraph E: adjust minimum of three vendor submissions for additional services to a minimum of two submissions.

f. Paragraph F.A Schematics phasing meeting shall be required. Contractor shall propose a date to outline phasing requirements that will allow A/E to have the deliverable to the VA at least two working weeks before deadline of schematics.

Section II Submission Deviations:

a. A Submission checklist shall be provided for VA approval of the SD two weeks after NTP.

b. All cost estimates shall include the calculations and narratives to support assumptions and where the data used for the calculations came from.

c. Any conflict that is demonstrated between the checklists in this PG and the sample checklists on the TIL will be resolved via the checklist submission and approval process.

11. Environmental Planning Guide PG-18-17

12. Seismic Design Requirements H-18-8

13. Manual for Preparation of Cost Estimates TIL A/E Submissions

a. Per Section 2 paragraph, the more stringent of requirements shall be adhered

to. A/E shall notify VA of conflict via the registry document, as required in paragraph B above.

b. Disregard references to the Project Book.

c. See https://www.cfm.va.gov/cost/ for some templates required by Table 2-1.

C. The project design will use Earned-Value Management tracking for invoicing and billing.

D. Attend a kick-off meeting with the WWVA FMS Design Review team. The FMS design team shall be introduced to during the kick-off meeting and shall be treated as stakeholders to identify the needs, constraints and wants of the project.

E. Provide a phasing schedule that ensures the least disruptive construction schedule and design the subsequent work accordingly.

F. Prepare a complete set of construction specifications and drawings.

https://www.cfm.va.gov/cost/

G. The specifications and drawings may refer to brand names for components or equipment but must also include “or approved equivalent”.

H. Each progressive design submittal should build upon the previous narrative, otherwise known as Basis of Design, to provide a clear development and design philosophy fitting to the project.

I. The A/E will schedule a design review meeting after the VA review of each submission.

The meeting invitees will include the WWVA FMS Design Review team. The A/E will take meeting minutes and include input into subsequent design submissions.

J. Other projects currently in design, construction or planning and how they could affect this project:

a. Potential demolition and replacement of Buildings 74, 68, 69 and 75.

5.2 DRAWINGS

A. All drawings and specifications shall be based on standard Department of Veterans Affairs guidelines, Program Guide PG-18-3 Design & Construction Procedures and Program Guide PG-18-15 Contractor Submission Instructions for Minor & NRM Construction Program and all supplements listed herein. Where available, the WWVA will provide the Contractor with AutoCAD drawings for use as background information.

B. Provide all drawings and specifications necessary for a contractor to complete construction of the renovation, including direction to the contractor for staging areas, utility shutdowns, building access, security, parking, and any required phasing. Attend design review meetings to go over WWVA comments and discuss any issues (see schedule below). Provide construction period services and record drawings of all project changes in latest AutoCAD (.dwg) and Portable Document (PDF) format after the project is complete.

C. Drawings shall be done in plan view at a minimum scale of 1/8" = 1'-0", where necessary, and, generally, 1/4" = 1'-0" or larger. Details will be done in minimum scale of 1/4" = 1'-0" or larger. Drawings shall be independent for architectural, electrical, etc., design shall denote, on separate views, the required demolition and reconstruction details on the same sheet for each function, where possible. All drawings in project set shall be on same type and size sheets.

D. All views, elevations, sections, details, nomenclatures, etc., shall be accurate and complete to ensure contractor compliance.

E. All contract drawings shall be provided to WWVA in latest AutoCAD format and PDF format for all design submissions and for final construction documents. Ensure that ALL drawing information is clearly defined in the PDF format, since solid fills with lines in the middle and layers with different percent masking may not be printed in color and certain features may be lost when printing in raster format. It is the responsibility of the A/E to require that all their consultants follow these guidelines.

F. The drawings will be produced using national CAD standards and WWVA details on a WWVA provided title block. All drawings will be standard scaled drawings. A/E to stamp drawings as to which review (Schematic Design , DD1, DD2, CD1 or CD2). Also, note on review drawings "Not for Construction."

All drawings shall contain an engineers’ stamp with professional seal along with name and address of the firm. All drawings for 100% submission must be stamped by a licensed architect and/or engineer.

G. All correspondence with the Contracting Officer (CO) shall be signed by the Official of the firm with whom contract was negotiated and may not be re-delegated to another person in the same firm.

H. The use of WWVA furnished drawings and specifications does not preclude responsibility from performing independent investigations. These resources are available to increase productivity and maintain architectural and interior design integrity.

Verify all typical drawings for re-use and A/E is to take full responsibility for not performing independent studies.

5.3 SPECIFICATIONS

A. Specifications shall be based on the Department of Veterans Affairs Master Construction Specifications with Contractor revisions, additions, deletions, etc. as required to assure all phases and facets of work are specifically covered without error or omission. For each specification section that applies to this project, a word document with track changes shall be provided for the VA to review. After the review meeting, the track changes can be accepted so that the next review shall only show changes done from the previous submission.

B. The Contractor is responsible for reviewing the specification sections used and to revise, add, delete, etc. prior to providing the finished specification package to the Department of Veterans Affairs. Unnecessary items shall be deleted in entirety. The intent is to provide a complete set of construction documents for the project without extraneous information.

The following design items are in addition to or different from VA Master Specification Requirements and will be included in drawings and/or specifications:

1. Where multiplicity is referenced in the provided specifications, consult FMS to eliminate such multiplicity. The construction contractor shall not be given alternatives or choices but must provide specific items as detailed in the specifications.

C. During visits with FMS, obtain the name and type of materials currently used and necessary for use on the contract for which he is responsible. In the specifications, the items shall be named specifically with an add-on statement such as: "or approved equal.”

The only variation wherein that may occur is when an item cannot be substituted due to maintenance requirements. Information on such items shall be provided to the A/E by the Department of Veterans Affairs.

D. Include a paragraph entitled "Submittal of Samples and Shop Drawings.” in each Construction Section of the specifications Under that Section, list all of the items within that particular section of the specifications for which samples and shop drawings are required, with the added words, "but not limited to."

E. Custom specifications may need to be developed for this project. All custom specifications shall be produced in the same format as the master specification and shall be written in accordance with VA requirements.

F. Project Phasing: Prepare an independent specifications section "SR - SPECIAL REQUIREMENTS," wherein detailed phasing of work to be accomplished will be described in sequential order. Section shall be prepared using standard format of other specification sections.

5.4 DESIGN SUBMITTALS:

A. Design Submittals are include in Attachment 2, Design Submittals. Additional submittal requirements are shown within the specific section below. Refer to PG-18-15 for more details. All electronic files must be sized less than 7MB and shall be structured and organized in sections that are not divided from one file to another.

B. Drawings:

a. C-size drawings (2 sets)

b. Construction Cost Estimate (2 sets)

c. Label all pages of the drawings and the specification with Project Name, Project Number and appropriate Design Submittal Designation (e.g. DD-1).

d. Electronic (pdf) copies of all documents.

e. Incorporate the corrections, adjustments, and changes made by WWVA at the previous review.

f. Responses to the preceding WWVA Review comments.

C. The following are required design submissions for this project:

1. Schematic Design (SD-1 and SD-2) Package

a. Initial concept design, incorporating plans with phasing strategy, feasibility studies, analysis of infrastructure systems and recommendations defining the design approach. Concept design shall include analysis of portions of scope that may be isolated and provided as an accelerated package.

b. Schematic Design Manual two sets of 8-1/2” x 11” Schematic Design Manual in three-ring binders

c. Discuss with WWVA personnel budget estimate and design within funding limitations to further focus design efforts. Cost estimate shall be submitted and followed per the guidelines referenced in the Attachment 2.

d. Narratives as a Basis of Design shall document the principles, assumptions, rationale, criteria/requirements, and considerations used for calculations and decisions required during design. These areas of consideration shall cross reference to the sections of the appropriate calculation sections.

e. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

2. Design Development (DD-1) Package

a. Complete submittal of design drawings, specifications including material submittal listing, and finish schedule based on the approved SD Package.

b. Discuss with WWVA personnel budget estimate and design within funding limitations to further focus design efforts. Cost estimate shall be submitted and followed per the guidelines referenced in Attachment 2.

c. Basis of Design shall be updated and submitted for comments.

d. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

3. Design Development 2 (DD-2) Package (this review package completes Part A Services)

a. Prepare advanced detailed design in all disciplines, complete engineering drawings, and specifications in preparation for full contract drawings and specifications for the approved design based on the approved DD-1 Package.

b. Basis of Design shall be updated and submitted for comments.

c. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

4. Construction Document (CD-1) Package for Solicitation

a. Complete submittal of design drawings, specifications and final, detailed cost estimate based on the approved DD-2 Package.

b. Submittal Register (Excel format) and finish schedule.

c. Basis of Design shall be updated and submitted for comments.

d. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

5. Construction Document (CD-2) (including any amendments or other changes from the CD-1 phase).

a. One set of E1-size drawings.

b. Complete and bound specifications, two sets, plus electronic copy in MS Word format.

c. Submittal Register (Excel format) and finish schedule.

d. Basis of Design shall be updated and submitted for comments.

e. Calculations required per the approved QA/QC plan shall be submitted as an attachment to the Basis of Design and cross reference to the appropriate paragraph/s in the Basis of Design.

6. Record Drawings (note: to include all As-built conditions).

a. One set of E-size drawings.

b. Electronic copies to include Record Drawings in PDF and the latest AutoCAD format and specifications in MS Word and PDF format.

D. Construction Document Requirements:

1. The drawings must include the WWVA's construction project number.

2. The clause and specification book must be in MS Word and PDF.

3. Each page of the clause and specification book must carry the project number in the top margin and page numbers.

E. WWVA will supply files, forms, directives etc. necessary for the specific project in digital format for the contractor to incorporate into the design at the DD2 submittal.

F. Design Submittal Schedule: Design time allotted shall be 250 calendar days after award. Within 10 calendar days after award, contractor and VA shall attend a kickoff meeting where A/E shall propose a schedule which is based off business working days.

This is to ensure proper response time is allowed during reviews.

G. The review submission packages will incorporate the comments from the previous review. If any package is not complete for the required stage a post-review may be required, the cost of which will be borne by the Contractor.

H. Each review submission package shall be submitted in electronic format and hardcopy as defined above. It shall include an index of drawings (by sheet number and title) and specifications (by section number and title) submitted. The packages will be submitted to the WWVA.

I. The WWVA will review the design submission package according to the timelines set forth above and provide comments/approvals, either electronically, by fax, or by hard copy delivery.

J. Professional Licensing: The A/E who prepares the construction documents shall be a licensed professional architect or engineer appropriate to the system being designed.

K. The professional seal indicating such license by the state shall appear on the final construction documents. The architect whose seal is shown will be known as the Architect of Record. The A/E shall certify compliance with the VA RFP and all applicable codes.

L. If the final construction documents submission package is not complete; a post submittal may be required, the cost of which will be borne by the A/E firm.

M. If construction bid clarifications are required, the A/E shall respond within three business days of receipt of the pre-bid RFI.

5.5 CONSTRUCTION COST ESTIMATES:

A. A construction cost estimate is required at all design submission phases (SD through CD design). Design will be based on the project budget and include 20% deductive bid alternates. The alternates shall have a narrative to define how they shall impact scope.

A narrative of risk shall also be incorporated. If the cost estimate shall go over construction budget, then a proposal of a scope of work and cost estimate for a separate project after the completion of this one shall be submitted.

B. Preliminary Construction Estimate: Include all direct construction costs broken down by major specification divisions. Include line items for construction contractor profit, overhead and risk.

C. With input from and final approval by the VA, create a schedule of values based on specification sections developed during design phases for use during the construction period to monitor progress and as the work is completed. The Construction Contractor shall invoice against this schedule.

D. The schedule of values shall not be confused with the preliminary and detailed construction estimates that are due as part of the design submittals.

E. Before CD1 phase concludes the cost estimator shall have coordinated with Contracting Officer to performed a Sources Sought and Market Research to validate the VA market for this project. All data from these should be used to adjust and justify cost adjustments in the reports.

5.6 PROJECT SOLICITATION PHASE:

A. Provide assistance with clarification on discrepancies of cost estimates that are over or under 10% compared to the bid.

B. Attend Pre-Bid / Site walk Conference.

C. Provide written clarifications to questions about specifications and drawings that are submitted by prospective bidders and/or offerors prior to submission of offers. Written responses shall be prepared and forwarded directly to the CO and COR. Do not provide responses directly to bidders/offerors.

5.7 PROJECT CONSTRUCTION PHASE:

A. Attend the Pre-Construction Conference.

B. Participate in periodic construction site inspections, prepares site inspection reports, attends job meetings, reviews construction progress schedules, and prepares and distributes job meeting minutes.

C. Attend construction meetings. Teleconference will be acceptable in most instances.

D. Site Visits:

1. Survey site and verify existing structures and utilities. Do not depend on original construction drawings for information.

2. Attend a pre-bid, pre-con, and final inspection.

a. One team visit for final inspection.

b. Include periodic inspections and scheduled inspections prior to wall and ceiling closings.

c. Adhere to the WWVA security and safety requirements while on site.

d. Visit the site to obtain details of the specific areas covered by this contract in order to fully complete the drawings and specifications without error or omission.

E. Provide shop drawing and material submittal review and evaluation for comment to the COR. Be responsible for routing the submittals to their consultants responsible for the review. Within 14 calendar days of receipt of the submittals provide review and stamped submittals to the COR. On a monthly basis provide an updated submittal log to the VA indication the status of all submittals required under contract. The submittal process is detailed further in the following section.

F. Review and respond in writing to Request for Information (RFI's) and Cost proposals from the contractor sent by the COR. Do not respond directly to the contractor. The A/E is responsible for routing the documents to their consultants. Return their responses to the VA within 3 calendar days of receipt. The VA may require the A/E to complete an independent cost proposal for required changes.

G. Provide review and evaluation of contractor's fee proposals and proposed contract changes to the CO and to the COR when required. Construction period services for the Contractor shall occur throughout this contract and shall include resolution of unexpected construction problems.

H. Notate modifications to the final design drawings and provide "as-built" drawings in AutoCAD format to the COR within 30 calendar days of receiving the marked up as-build construction drawings to include:

1. One complete set of original E-size drawings of final construction As-Built drawings.

2. One CD-ROM of final As-Built construction drawings in AutoCAD format compatible with the current WWVA version.

5.8 REQUEST FOR INFORMATION”

A. Review the RFI's or the cost proposals sent by the WWVA.

B. Route the documents to the appropriate consultant.

C. Return the response to the WWVA within three (3) calendar days.

D. Do not send the response directly to the Contractor unless directed by WWVA.

E. Construction contractors Request for Information (RFI) and Cost Proposals:

a. Review the RFI's or the cost proposals sent by the WWVA.

b. Route the documents to the appropriate consultant.

c. Return the response to the WWVA within three (3) calendar days.

d. Do not send the response directly to the Contractor unless directed by

WWVA.

e. If directed by WWVA, prepare and independent cost estimate for the proposal.

5.9 PAYMENT:

A. Design: Payment for preparing construction drawings and specifications at each submittal stage will be at the Contract lump sum amount for the pay item “Design”.

Payment for a design submittal will be authorized upon acceptance of the submittal and not exceed the maximum percentages indicated for the total contract cost. Partial payments during construction period services, including site visits, may be approved based on the percentage of work completed. Payment will be according to the following schedule:

a. SD Design (Schematic) 15% Total Design Fee

b. DD1 Design 35% Total Design Fee

c. DD2 Design (Completes Part A Services) 65% Total Design Fee

d. CD1 Design 95% Total Design Fee

e. CD2 (Construction Drawings) 100% Total Design Fee

f. Construction Period Services Monthly, percentage services performed

g. Site Visits Monthly, on month performed

B. Construction: Payment for construction work shall be billed for as work is completed.

Work shall be billed against the schedule of values generated by the detailed construction estimate.

5.10 DEFINITIONS:

A. CO: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the CO.

B. Project Engineer/COR: The CO's authorized representative at the construction site.

When more than one Project Engineer or COR is assigned to a construction project one is designated as being in charge and is called the "Senior Project Engineer/COR". The Project Engineer/COR is responsible for protecting the Government's interest in the execution of the construction contract work. His/her duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

C. Contractor: This term, as used herein, refers to the contractor under this contract.

D. AE: This term, as used herein, refers to the Architect Engineers' firm(s) and hired consultants.

5.11 COR DESIGNATION AND FACILITY SECURITY:

A. Request that the following person be nominated as the COR for this contract: Brad Styner.

5.12 RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS REQUIRED:

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

A. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

B. Treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

C. Do not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

D. Do not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

E. Do not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

F. The Government Agency owns the rights to all data/records produced as part of this contract.

G. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

H. Comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

I. No disposition of documents will be allowed without the prior written consent of the CO.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

J. Obtain the CO's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

5.13 PRIVACY OFFICER LANGUAGE FOR STATEMENT OF WORK (SOW):

A. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data- General, FAR 52.227-14(d) (1).

B. VA information should not be co-mingled, if possible, with any other data on the contractor’s/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met.

If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

C. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA CO within 30 days of termination of the contract.

D. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

E. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.