SOW - Martinez.docx

VA Medical Center Martinez 150 Muir Rd 4/24/2023 Martinez, CA 94553

ARCHITECT-ENGINEER DESIGN SCOPE OF WORK

CORRECT SAFETY DEFICIENCIES IN STERILE PROCESSING AND AMBULATORY PROCEDURES SUITE, MARTINEZ

PROJECT NO: 612-205

PROJECT NAME: Correct Safety Deficiencies in Sterile Processing and Ambulatory Procedures Suite, Martinez

VAAM ESTIMATED COST OF CONSTRUCTION IS BETWEEN: $10M – $20M

**The Certification and Accreditation (C&A) does not apply, a Security Accreditation Package is not required**

1. GENERAL INTENT:

The Contractor (herein referred to as “A/E”) shall provide Architect/Engineer (A/E) services to design a construction project at the Martinez VA Facility of the VA Northern California Health Care System in accordance with this design scope of work.

This project will construct a two-story addition to Building 19 OPC for SPS and Operating room space.

The project will also correct numerous condition deficiencies particularly those that relate to the essential plumbing and mechanical systems needed for a fully functional surgical suite.

This project will look to correct the deficiencies in sterile processing due to the poor configuration and space allotment. As well as the deficiencies in the operating rooms, doorways, patient rest room, ceiling height, recovery rooms, equipment storage, among other issues.

2. STATEMENT OF WORK:

A/E Part One Services (also known as Design Phase) for this design project includes site visits, field investigation, studies, and user interviews to prepare drawings, specifications, and cost estimates for all facets of work and disciplines/trades to facilitate a construction project to construct an 8,000 square foot two-story addition to Building 19, the Martinez VA Outpatient Clinic, while renovating 8,000 square feet of existing space. The first floor will provide new space for biomedical maintenance currently located in Building BM-1, a temporary structure occupying the location of the new addition. The first floor will also provide additional warehouse space for Medical Logistics, physical security compliant mailroom and a new loading dock. Some renovations will be necessary on the first floor in order to tie together the existing warehouse with the new addition. Furthermore, because the new construction will be adjacent to the existing access road running behind the facility, a gate will be installed limiting access to supply deliveries and emergency response vehicles while ensuring the appropriate level of physical security. The second floor will provide additional space for the ambulatory procedures suite and sterile processing. The exiting space currently housing these functions will be gutted and reconfigured while incorporating the 4,000 square feet of space in the new addition. This will allow the correction of deficiencies in the ambulatory procedure rooms and sterile processing. This total remodel is necessary as the deficiencies in sterile processing are as much poor configuration and flow as the are simple lack of space. Project includes the demolition of Building BM-1, a 1,300 square foot deficient modular building.

The current facility has 2 existing Operating room (ORs) with Sterile Processing System (SPS) area, GI rooms, pre-op/recovery rooms, omni cell room, restrooms, breakroom and storage room. This design and remodel will provide two OR suite attached to the OR and two GI procedure rooms, with a workflow that will match current Ambulatory Procedures Suite standards in the medical field. This project will also look at how to perform this remodel work while keeping the facility operational. The project will also correct numerous condition deficiencies particularly those that relate to the essential plumbing and mechanical systems needed for a fully functional surgical suite.

The A/E shall prepare an analysis of the current and future OR and SPS workloads, to determine the space program. A/E shall work with VA to utilize the new and existing footprint of the space in accordance with the workload history. Concept drawings and Schematic Design drawings, feasibility recommendations, and cost estimates of three (3) options for the configuration of the new and remodel space.

The following design parameters shall be considered and addressed in the report:

· Demolition of the BioMed Trailer – Bldg 18, including the demolition/rerouting of utilities that passes into this bldg. for the MRI bldg..

· Access/Relocation to Bldg 19 OPC, this includes the crawl space, loading dock, dumpster(s), trash compactor and relocate existing hazard materials storage bin/conex (approx. 2 -12’x20’ concrete pad) Verify location with COR

· Analysis of utilities and infrastructure to be upgraded or modified.

· Utilities to operate and function to current requirements

· Aesthetics to be addressed within the space to minimize Infection Risk

· Close proximity location to MRI bldg., radiology area and other utilities.

· Some remodels/hallways/covered/enclosed walkways will be necessary on the first floor in order to tie-in to the existing bldg.

· Existing crawl access/confined space under the existing trailer to Bldg 19 OPC, provide access panel/gate and lighting inside the crawl space.

· ADA ramp and road access behind Bldg 19 OPC.

· Provide elevator – accommodate gurney.

· Existing roof heavy duty chain hoist, housekeeping conex, and existing loading dock canopy. Analysis of roofing above the area to be remodel.

· High-tech equipment Vendor layout and requirements.

· Complete design and coordinate with vendor on a Modular Ceiling and Wall system such as SLD AirFRAME or similar product.

· A/E to work with modular systems vendor(s) on creating product specs, and on how to best implement product.

· Work-flow to match current medical practice used today with inclusion of OR.

· Types of procedures completed on site to match needs of the OR remodel.

· Analysis of work flow of connected service such as OR, SPS, Omnicell(s) room, Recovery and pre-op room and clean rooms & soiled utility rooms.

· Bldg 19 OPC – minimize disruption on clinic operations – bldg. is occupied.

· Analysis of phasing of the construction Each option shall consider sustainable design elements. Each option shall contain pro’s/con’s, drawings/schematics, rough cost estimates and timeline/phasing plans. Each option will highlight a different workflow, and accessibility. The A/E shall coordinate with the VA and possibly with other regulatory agencies throughout the design process, to include other A/E firms, regarding the environmental aspects of the project. The A/E shall interface with medical center staff and other concerned parties to inform and explain the project design.

A/E Part Two Services of this design project (also known as Construction Period Services) includes responding to construction contractor Requests For Information (RFIs) during the solicitation (solicitation support) and construction phases of the construction project, attendance at pre-bid, post-award and commissioning kick off construction project conferences, review of construction material submittals and shop drawings, approximately 2 site visit per month during construction (both scheduled and emergent) to ensure compliance with the design drawings and specifications, preparation of site visit reports, coordination with project commissioning requirements, review of any construction project modifications for cost and technical acceptability, attendance and participation during the final acceptance inspection, preparation of the punch list and preparation of record drawings of the completed construction project based on the construction contractor’s as-built drawings. The A/E shall prepare a submittal log to be utilized by the VA during construction period services, maintain RFI log and provide meeting minutes for weekly construction meetings throughout the duration of construction. All Part Two Services are optional line items and will not be exercised at the time of award.

The above paragraphs constitute a basic outline of the work to be accomplished and in no way comprises all the details for design of this project. The A/E shall initiate detailed inspection of the project site to determine the needs and conditions for the design of this project. Copies of Martinez VA Facility of the VA Northern California Health Care System record drawings will be made available to the highest rated A/E firm; the A/E will verify the validity of the record drawings prior to the start of design work and conduct site investigations as necessary throughout the design. SOW Attachment 05 – Campus Map will give AE firm a basic understanding of the Martinez VA Facility of the VA Northern California Health Care System campus.

The A/E shall be solely responsible for the management, including all associated labor, equipment, materials, mailing costs, and inspection, to meet the requirements of the design project. The A/E shall further provide meeting minutes for all meetings held under this design project.

The A/E firms’ representatives performing site investigations on Martinez VA Facility of the VA Northern California Health Care System campus must have the following additional requirements before starting site investigations on campus:

1. Negative TB Test, within the past calendar year

2. Face mask with no vent. Must be replaced when damaged or soiled

3. Annual influenza shot is required for all staff performing work on VA Martinez Medical Center campus

If at any time an employee of the A/E firm becomes ill, they should not remain or report to work at Martinez VA Facility of the VA Northern California Health Care System.

· Seasonal influenza with Vaccines (SOW Attachment 06)

3. DESIGN WITHIN FUNDING LIMITATIONS:

The design shall be prepared by the A/E to permit the award of a construction contract, using Federal Acquisition Regulation procedures for the construction of the facilities, at a cost that does not exceed the project’s estimated VAAM magnitude of construction between $10M and $20M.

4. DESIGN INDEPENDENCE, FURNITURE AND EQUIPMENT: Designs for construction must produce a “complete and usable” facility or improvement when constructed. VA policy (VHA Office of Capital Assets Management, Engineering and Support memo Updated Construction Guidance and Expectations dated Sep 12, 2016) requires the A/E to certify that their design (including all bid alternates/bid deducts) is independent of any future construction project. In addition, the A/E must certify that it has produced a design that does not include furniture and equipment that will be procured separately. Equipment that can be part of the design in the includes those items to meet code requirements for building occupancy, items covered in the VA’s Master Construction Specifications (PG-18-1) Divisions 1 through 10, 13 through 26 or 28 through 48, non-IT equipment items covered by Division 27 and items covered by Division Numbers 12 31 00, 12 32 00, 12 34 00 and 12 36 00.

The A/E shall submit as part of the Final Bid Documents submittal a signed letter on company letterhead stating the design’s independence.

5. DESIGN CRITERIA: The VA Technical Information Library (TIL) available at http://www.cfm.va.gov/til/index.asp is managed by the VA Office of Construction and Facility Management and is the master repository for all VA Numbered Standards for Construction to include design and construction specifications, procedures, standard details, BIM/CAD standards, equipment guides, space planning and design guides. The documents of the TIL shall be the minimum design criteria for all VA projects performed in the construction of new facilities and the modernization, alteration, addition, or improvement of its real property. All design documents shall be developed in accordance with the VA TIL, including (but not limited to) the following listed Department of Veterans Affairs References:

OIT Infrastructure Standard for Telecommunications Spaces v3.0 (21 August 2020)

The following references should also be used to complete the design documents:

· VA Standards Alert 017 – Infrastructure Standards for Telecommunications Spaces and all standards, guides, and manuals incorporated by reference (https://www.cfm.va.gov/til/sAlert/sAlert017.pdf)

Where conflicts exist between VA adopted codes and standards and the documents on the TIL, the A/E shall bring this to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for VA to ensure consistency department wide.

6. DESIGN COLLABORATION: The A/E during this design project shall collaborate with the VHA Office of Healthcare Environment and Facilities Programs Special Engineering Program (HEFP/SEP) staff, VISN 21 and the Independent Life Safety Review Agent (LS Agent) for the project. Design submittal comments from these contractors, if concurred with by VA, shall be incorporated into the design. HEPF/SEP and/or VISN deliverables shall be coordinated with the A/E’s design submittals to ensure compliance with all requirements are met. The A/E is required to ensure all elements of the design adhere to the Life Safety Code, including recommendations for temporary construction barriers, prior to the Independent Life Safety review.

7. INDEPENDENT LIFE SAFETY REVIEW: The A/E shall incorporate any comments from the VA 3rd party life safety review.

8. ENVIRONMENTAL PROTECTION: The A/E shall assist the VA with completion of a National Environmental Policy Act (NEPA) assessment as required by Martinez VA Facility of the VA Northern California Health Care System. If the NEPA assessment results in potential environmental impacts, the A/E shall be responsible for completing any auxiliary documentation required per PG-18-17 NEPA Interim Guidance for Projects located on the TIL (http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf). Additional requirements may include, but are not limited to, Environmental Assessment, Environmental Impact Statement, and Record of Decision. The NEPA analysis and concluding documentation must be completed by the Final Bid Documents submittal.

9. PHYSICAL SECURITY: The A/E must include a certified physical security specialist. The specialists must be involved with the design beginning with the concept phase and the qualifications must be submitted to the COR for review and approval prior to the concept/basis of design phase. The specialists shall meet the specific requirements listed in the Physical Security Design Manual for Mission Critical Facilities located on the TIL (http://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecMC.pdf). The A/E shall ensure that all aspects of the applicable VA Physical Security Design Manual (either Life-Safety Protected or Mission Critical Facilities; both will be applicable depending on the area the work is taking place) are incorporated into the design and shall prepare a written report acknowledging compliance as required by the VAMC. The A/E must inform the COR of any physical security items that will be difficult to achieve during the concept/basis of design phase of the design and assist the VA with waiver requests as necessary.

10. TELECOMMUNICATIONS DESIGN: In accordance with “Telecommunications and Special Telecommunications Systems Design Manual,” February 2016 (https://www.cfm.va.gov/til/dManual/dmTelecomm.pdf), paragraph 1.2 (d), Telecommunications design must be performed and stamped by a BICSI Registered Communications Distribution Designer (RCDD) for all projects.

11. SUBMITTAL REQUIREMENTS: Design submittals shall follow the requirements of Program Guide, PG-18-15, Volume C - A/E Submission Instructions for Minor and NRM Construction Program dated November 2008. This document is included as SOW Attachment 04. Submittal documents shall be prominently marked “For Official Use Only (FOUO)” if they contain qualifying data as defined in VHA Memorandum 2019-11-13 Sensitive Infrastructure Data Classification – For Official Use Only (FOUO). This memo is included as SOW Attachment 02, as it is hosted on a non-public VHA site (https://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=8949).

The A/E shall deliver design submittal documents that follow the iterative phase breakdown for design work in PG-18-15 and as additionally specified below. Specific requirements for each discipline/work product listed under each phase can be found in PG-18-15; it is expected for the phase of design that each of the checked items in the SD/DD/CD columns will be completed for the submittal. The A/E shall attend a review meeting following each design submittal as indicated under the Project Schedule section of this Scope of Work. Each new submittal will incorporate all VA comments from the previous submittal. The Asbestos Abatement requirements in PG-18-15 are applicable at Martinez VA Facility of the VA Northern California Health Care System due to the continued use of certain asbestos containing products for the 1986 completed building construction.

The following submittals will be required for this project:

· Quality Assurance/Quality Control (QA/QC) Plan

· Basis of Design (BD) - 10% - In addition to the requirements in PG-18-15, a Basis of Design is required. Basis of Design is a narrative presentation of facts, sufficiently complete, to demonstrate that the project concept is fully understood, and that subsequent design details, and their ultimate presentation in the final drawings and specifications, will be based on sound architectural and engineering decisions. Conceptual drawings of the planned design and the initial cost estimate will additionally be included.

· Narrative: Provide a design narrative for each technical discipline which describes the intent of each discipline and the basis of design assumptions, trade-offs, and decisions. Narrative shall contain a weighted design matrix (WDM) which shall be used throughout the design period to compare design alternatives and possible trade-offs.

· Design Program (DP) – 10%

· Schematic Design One (SD1) – 25%

· Schematic Design Two (SD2) – 35%

· Design Development One (DD1) – 50%

· Design Development Two (DD2) – 75%

· Construction Documents (CD)- 95%

· Construction Documents (CD Checkset) – 100%

· Final Bid Documents (Bid)

12. DRAWING FORMAT:

All drawings shall adhere to VA project software requirements for Computer Aided Design (CAD)] available at http://www.cfm.va.gov/til/projReq.asp.

13. SUBMITTAL FORMATS: Submittals shall be submitted in electronic format and hard copy formats as listed below. Portable Document Format (.pdf), Microsoft Office Suite formats (.doc, .xls, and .ppt), and AutoCAD (.dwg) files are acceptable. Submittals shall additionally be compliant with Section 508 of the Rehabilitation Act (29 U.S.C. '794 d); information on the requirements for accessible media can be found at http://www.section508.gov/. The A/E shall be responsible for providing:

Meeting/Conference Minutes Meeting minutes for all formal meetings and conferences held with the VA; including weekly construction meetings. Meeting minutes shall be submitted within seven (7) calendar days of the meeting or conference. All documents in any of the electronic formats listed above.

Minimum meeting minutes requirements

· Project name, number, meeting host, Meeting Name

· Date, Time, meeting ID, call in number, Duration, and consecutive number of total related meetings

· Participant list (Name, Title, Phone number (office and Mobile), Email, Attended Meeting (yes/no Check box)

· Meeting purpose, Roll call, and Additional Items

· Agenda items (Decisions, action items, and fixes or next steps)

· Next meeting date and time

· Detailed attachment list

Construction Cost Estimates Construction cost estimates shall comply with Manual for Preparation of Cost Estimates & Related Documents for VA Facilities dated March 8, 2011. This document is available on the TIL at http://www.cfm.va.gov/cost/index.asp. All estimates in any of the electronic formats listed above.

Quality Assurance/Quality Control (QA/QC) Plan

· All documents in electronic format.

Schematic Design (SD)

· All documents in electronic format.

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· Two (2) paper bond sets of investigation reports, design calculations, space planning data and cost estimate - 2 to VA

Design Development (DD), and Construction Documents (CD)

· All documents in electronic format.

· Memo annotating what was not upgraded and corresponding justifications.

· One (1) full size paper bond sets of drawings - 1 to VA

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· Two (2) paper bond sets of investigation reports, design calculations, space planning data, construction schedule, construction statement of work (SOW) and cost estimate - 2 to VA

Final Bid Documents (Bid)

· PDF files of drawings, specifications, and any miscellaneous design analysis documents such as submittal log and physical security compliance report.

· Certified memo annotating what areas/times were not upgraded and the corresponding justifications.

· Certified memo that the A/E design is independent of future projects and includes all equipment required for the project to be activated/full functional.

· Word files of specifications.

· AutoCAD files of drawings.

· One (1) full size paper bond sets of drawings - 1 to VA

· Two (2) half-size paper bond sets of drawings – 2 to VA

· Two (2) paper bond sets of specifications – 2 to VA

· One (1) paper bond sets of investigation reports, design calculations, space planning data, construction schedule, construction SOW and cost estimate - 1 to VA

14. OPTION ITEM REQUIREMENTS

Solicitation Support Services Pre-bid site visit to include meeting and project walk around. This is the meeting where contractors are invited to the job site to visually inspect the construction site to accurately develop a construction bid package.

Answer any technical questions/requests for information (RFIs) received from contractors over the duration of the solicitation, including questions asked during the site visit. Questions from contractors may come at multiple times and cover several questions over the course of the solicitation period. Technical question responses will be provided to the Contracting Officer who will distribute the information via amendment to the solicitation.

Answers to RFIs will be required from the A-E within five calendar days of the date the questions are sent to the A-E from either the project COR or CO. An alternate response period may be submitted for review, however, unless approved by the CO and COR, the A-E is required to comply with the five-calendar-day requirement.

Throughout the solicitation period, the A-E shall provide addenda as necessary if required to revise specs and drawings.

In response to any technical questions and/or addenda issued during the solicitation period, the A-E shall provide any final revisions to the 100% FC CD as part of the construction contract. These documents shall be labeled Final Construction.

Construction Period Services (CPS) Requests for Information (RFI) Requests for Information shall be submitted within three calendar days of submittal to the A-E.

Submittal Reviews Submittal reviews shall be submitted within seven calendar days of submittal to the A-E Site Visit Reports Site visit reports shall be submitted within seven calendar days of the visit. All documents in any of the electronic formats listed above.

Modification/Change Order Requests Modification requests shall be submitted within seven calendar days (check all against Dan’s email) of submittal to the A-E. This includes the review of the contractor’s change order/modification proposal for construction change orders, as well as the formulation of an IGCE for the modification, as requested. The A-E's reply regarding their review of cost proposals and their recommendations shall include an independent breakdown of costs in detail, quantities, and unit prices and shall cover both additions and deductions of labor, materials, and equipment. The A-E shall also supply cost estimates as requested by the COR for Requests for Proposals for anticipated changes. All documents in any of the electronic formats listed above. Note: If major modification, VA will provide additional time and document format guidance.

Punch List Punch list shall be submitted within seven calendar days of the final acceptance inspection. All documents in any of the electronic formats listed above.

Record Drawings Record drawings shall be delivered to the VA within 30 calendar days after VA acceptance of the construction project. Autodesk Revit Project (.rvt) format and AutoCAD (.dwg) format.

Third-Party Commissioning The A-E shall provide Commissioning and Commissioning Agent services and deliverables in accordance with the reference document, OCFM Whole Building Commissioning Process Manual located on the TIL (https://www.cfm.va.gov/til/Cx-RCx/CxManual.PDF). See “Commissioning Agent Tasks” in each section of the reference document. The Commissioning Agent shall be involved in all phases of the project, including both design and construction. It is anticipated that the Commissioning Agent will participate in the following: design reviews, owner’s requirements updates, design phase commissioning planning (facilitate), commissioning specification reviews (facilitate), construction project meetings, construction observation visits, equipment startup and testing, Testing Adjusting and Balancing (TAB) verification, and project commissioning (facilitate in coordination with General Contractor). The commissioning process shall be adapted to the size and complexity of the project. Deliverables shall be as described in the reference document. Additionally, the A-E shall develop the commissioning plan, pre-functional checklists, systems functional performance test checklists, integrated system test checklists, and edited master specification templates to serve as a starting point for the commissioning process on all projects based on the following Systems to be Commissioned.

· HVAC (VA Master Specification Section 23 08 00): Direct Digital Control System, Chilled Water System, Condenser Water System, Steam/Heating Hot Water System, HVAC Air Handling System, HVAC Ventilation/Exhaust Systems, HVAC Terminal Unit Systems, Decentralized Unitary HVAC Systems, Humidity Control Systems, Hydronic Distribution Systems

· Electrical (VA Master Specification Section 26 08 00): Grounding and Bonding Systems, Electric Power Monitoring Systems, Low-Voltage Distribution System, Emergency Power Generation Systems

· Communications (VA Master Specification Section 27 08 00): Grounding and Bonding Systems, Structured Cabling System

· Electronic Safety and Security (VA Master Specification Section 28 08 00): Grounding and Bonding, Physical Access Control Systems, Access Control Systems, Security Access Detection Systems, Video Surveillance System

15. PROJECT SCHEDULE/PERIOD OF PERFORMANCE: The A/E shall perform Part One Services/Design Phase work according to the schedule shown below. If a due date on the timeline below falls on a Holiday or Weekend, the submittal shall be due the following business day. The remaining timeline will not be shifted to accommodate Holidays or Weekends.

The 394 calendar days listed in part one project schedule may fluctuate based on when submittals meet all VA guidelines and acceptance is issued. If submittals are not accepted due to insufficient design requirements throughout the design period and additional time is deemed necessary. It is the responsibility of the AE firm to cover all costs associated with such delays.

Part Two Services/Construction Period Services (optional Line Items) shall be performed for the length of time between the time the option(s) are exercised and acceptance of Construction Completion. The VA has 365 calendar days from final acceptance of the design to exercise the option(s) for Construction Period Services.

16. CONTRACT OVERSIGHT: All contracts for this project shall be awarded by the Program Contracting Activity Central (PCAC); only a warranted VA Contracting Officer shall have authority to change the terms and conditions of a contract. These changes may involve the contract award amount, contract period of performance, issuance of stop work orders and changes to the statement of work.

PCAC shall designate a Contracting Officer’s Representative (COR) to monitor and manage the A/E’s performance under the design project contract. The COR shall be a representative of the Martinez VA Facility of the VA Northern California Health Care System Engineering Service Project Section and have the technical knowledge required to monitor and oversee the project.

A COR from the Martinez VA Facility of the VA Northern California Health Care System Engineering Service Project Section shall also be designated for the construction project contract to monitor and manage the construction contractor’s performance under the construction project contract. This designation under the construction contract shall be considered equivalent to the industry standard of “Owner’s Representative” and does not supersede or eliminate the A/E’s responsibility for Part Two Services/Construction Period Services. The A/E ultimately shall be responsible for any errors and omissions with the design discovered during and after the construction phase.

17. REPORTING REQUIREMENTS:

N/A

18. SECURITY REQUIREMENTS:

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer'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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

19. SOW and ATTACHMENTS:

The following list of documents are attached to this SOW for A/E use and incorporation into the project documents:

· VHA Required Div 01 Specification Sections (See SOW Attachment 01)

· Sensitive Infrastructure Data Classification FOUO (See SOW Attachment 02)

· 01 32 16.01 Architecture and Engineering CPM Schedule (See SOW Attachment 03)

· Program guide, PG-18-15 Volume C – A/E Submission Instructions for Minor and NRM Construction program dates November 2008 (See SOW Attachment 04)

· Seasonal influenza with vaccines (See SOW Attachment 05)

· VHA Directive 1061(1) Prevention of Healthcare Associated Legionella Disease (See SOW Attachment 06)

· Campus Map (See SOW Attachment 07)

· Project Site Boundary Map r1 (See SOW Attachment 08)

· Martinez VA Campus Utility Drawings (See SOW Attachment 09)

End of SOW