SOW Relocate Community Living Center Phase 2.docx

ARCHITECT‐ENGINEER DESIGN SCOPE OF WORK RELOCATE COMMUNITY LIVING CENTER PHASE II

PROJECT NO: 589‐404

PROJECT NAME: Relocate Community Living Center Phase II ESTIMATED CONSTRUCTION COST: $12,000,000

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 Harry S. Truman Memorial Veterans Hospital (HSTMVH), Columbia, MO in accordance with this design scope of work.

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 Relocate Community Living Center – Phase II.

This project is a new build, approximately 18,600 sq foot two-story building on the northwest corner of the campus. It shall be connected to the Phase 1 building (building 2) via two (2) corridors resulting in an internal courtyard between the buildings. This project shall provide 20- 24 single resident rooms with private restrooms, elevator system to support the two floors, extension of Phase 1 elevator to second floor, support functions, and all necessary mechanical, electrical, plumbing and fire protection/suppression. The structure of this building will be designed and constructed as such that a third level may be added in the future if required.

Included in this are the following, along with all other design facets deemed necessary by the VA and Architect/Engineering firm for the completion of this project:

a. Building design shall meet all applicable/current codes for mechanical, plumbing, electrical, fire protection, and life safety, VA standards, VA Design Manuals, and VA Design Guides standards. All spaces will be designed to meet the Interagency Security Committee and other relevant physical security guidelines. The completed project shall be capable of achieving LEEDS certification (actual certification will not be sought).

b. Building shall feature 20-24 private resident rooms with the following features: window to exterior, private resident bathrooms, fully compliant with all ADA regulations, sound deadening surfaces/wall & ceiling insulation, continuous patient lift system room to restroom and fall impact reducing flooring underlayment;

c. Building shall feature an interior courtyard (created via the connections to the phase 1 building) featuring the following: Natural green space, recreational space, controlled ingress/egress, meet all ADA and patient safety requirements, and monitored remotely Harry S. Truman Memorial Veterans Hospital 800 Hospital Drive Columbia, Missouri 65201 5/22/2023 through CCTV system tied to VA security system. Lighting shall be provided such that it can be controlled (turned on and off) by the nursing staff; a telecommunications room shall be provided for the building.

d. Each floor shall feature a living room area, a dining room area, a small kitchen area with an ice/water machine and coffee/drink area, housekeeping closets, bathing suite(s), clean and soiled linen areas, storage area for oxygen, a nurses station/work area, climate controlled storage room and medications room;

e. Nurses station shall feature the following characteristics: nurse call system, entrance controls, in direct view of the main corridor, secured access from patient areas, workspace for clinical staff, and medication room accessible through nurse’s station;

f. Administrative space shall include the following spaces: controlled access from patient areas, storage space for administrative supplies, a nurse’s lounge/locker room (one for the building);

g. Mechanical spaces shall include the following features: accessible at ground level, located on exterior wall, designed for ease of maintenance/replacement of equipment, sound deadened from remainder of building, roof to include parapet wall of acceptable height to alleviate OSHA requirement for fall protection, or engineered tie-off points that covers 100% of the perimeter of the roof;

h. All lighting shall be LED and dimmable;

i. Security, access control, and surveillance to be tied into the existing security system and the nurse’s station;

j. Building Management System to be tied into the existing Building Management System;

k. All plumbing shall comply with VHA Directive 1061;

l. HVAC system to be variable air volume type.

A/E shall be responsible for conducting site visits for the purpose of data gathering, investigation and documentation of all existing conditions. Perform such investigations as required to accurately verify all existing conditions. Do not rely solely upon "as built" drawings. VA personnel will provide assistance with investigating the project site where prior experience with equipment and utilities will produce an appreciable advantage. The A/E firm shall be responsible for site review of the existing facility in order to field verify the owner's existing documents and as-built drawings. Any modifications that are required to be made as a result of the site review shall be communicated to VA and corrected by the A/E firm. All site investigation shall be completed during the site investigation phase.

A geotechnical investigation will be required to assess the soil conditions and resulting soil bearing capacity.

It is important to emphasize that the A/E shall perform design development, detailed design work, prepare detailed construction documents, keeping in mind that the end result is a completely functional and fully operational product.

A/E will include a third party commissioning agent, approved by the VA, to participate in the design process and during construction period of services (CPS), complete the project commissioning. This shall be two (2) separate bid line items, one for design, one for CPS.

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, 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 provide Submittal Exchange (to cover both design and construction), the means necessary to submit large electronic files to VA recipients. Files over 10 Mb may not be transmitted through the VA email system. File transfer protocol websites (FTP) are prohibited for use by VA employees. Service should be provided through construction period services and allow use by construction contractor. This shall be a separate line item in the bid/contract and shall include any extension costs that would occur if construction goes longer than planned. The A/E shall prepare a submittal log (within Submittal Exchange) 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. The A/E, when requested, shall assist the contracting officer and the contracting officer’s representative (COR) to interpret the construction documents and recommend any actions they deem suitable for the satisfactory prosecution of the construction work. The A/E shall prepare any supplemental drawings, specifications or other documents that may be required to clarify or supplement the construction documents at no cost. The A/E shall assess the preparation of the construction contract modifications initiated by or through the VA to be executed in accordance with the construction documents. The A/E shall review all Government initiated and or the construction contractors cost proposals for construction modifications when requested by the COR. The A/E’s review of cost proposals shall include an independent breakdown of costs in detail with quantities and unit prices. This shall be true for both additions and deductions of labor, materials, and equipment.

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 Harry S. Truman Memorial Veterans Hospital Columbia, MO 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 01– HSTMVH Campus Map will give AE firm a basic understanding of the Harry S. Truman Memorial Veterans Hospital 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.

SITE VISITS AND INSPECTIONS

A. A/E firm shall provide representatives to make periodic site visits during the construction to provide additional support to the VA in managing the contract. This includes structural after steel is erected and decks poured, in wall electrical and plumbing and mechanical prior to drywall.

B. Site visits shall be at a fixed cost per site visit (in accordance with the Joint Travel Regulation based on Columbia, MO (Boone County)).

(1) General Site Visits: Provide 20.

(2) Pre‐bid Conference: Provide one (1).

(3) Final inspections, at completion of each phase where the VA must accept work done by the contractor.

Formal documentation will be required for all site visits. A site inspection report which includes the purpose of the inspection, items reviewed, deficiencies observed, recommendations and additional actions required, shall be furnished to the COR within three calendar days of the site visit. Record of site visits will be in accordance with, Special Provisions of the Contract. Only registered architects and engineers thoroughly familiar with the project may make these site visits. The A/E shall observe the construction and advise the COR of any deviation or deficiencies.

The A/E firms’ representatives performing site investigations on HSTMVH campus must have the following additional requirements before starting site investigations on campus:

1. Contractor badge must be obtained and worn by contractor or representative at all times while on campus

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 construction contract price of $12,000,000. If the project cannot be designed within funding limits specified, the A/E shall notify the Contracting Officer immediately, in writing, and shall not proceed further without direction from the Contracting Officer. The A/E will also be required to incorporate bid items into the bid documents that will allow for a 20% budget reduction.

Design multiple deductive bid items into the construction documents equal to at least 20% of the total construction cost (Design Limitation). The base design must be fully functional with or without the alternates. Provide an itemized cost estimate associated with each deduct.

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, 12 through 26 or 28 through 48, and non‐IT equipment items covered by Division 27.

The A/E shall submit as part of the Final Bid Documents submittal a signed letter on company letterhead stating the design’s independence, as well as a, not to exceed two‐page, project synopsis to be used for solicitation.

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:

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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)

· VA Standards Alert 020 – Energy Efficient Design Criteria Update (https://www.cfm.va.gov/til/sAlert/sAlert020.pdf)

· VA Standards Alert 149 ‐ Patient Privacy and Women Veterans' Health, Design For (https://www.cfm.va.gov/TIL/dAlert/dAlert149.pdf )

· VA Standards Alert 151 ‐ Cast Iron Fittings/Valve Housings, Prohibition of Use in High and Medium Pressure Steam Distribution Systems (https://www.cfm.va.gov/TIL/dAlert/dAlert151.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 15 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. 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.

9. 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.

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 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.

· Design Program (DP) – 10%

· Schematic Design (SD) – 35%

· Design Development One (DD1) – 50%

· Design Development Two (DD2) – 65%

· Construction Documents (CD1) – 80%

· Construction Documents (CD2)‐ 95%

· Construction Documents (CD Checkset) – 100%

· Final Bid Documents (Bid)

· Conformed Construction Documents (based on accepted bid)

10. 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. Current version is 2022.

11. 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.

· One (1) half‐size paper bond sets of drawings to VA

· One (1) paper bond sets of specifications to VA

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

· One (1) half‐size paper bond sets of drawings 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 statement of work (SOW) and cost estimate 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 to VA

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

· One (1) paper bond sets of specifications – 1 to VA

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

12. 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.

Commissioning

Third party commissioning agent to complete commissioning of final accepted project.

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

13. PROJECT SCHEDULE/PERIOD OF PERFORMANCE: The A/E shall perform Part One Services/Design Phase work according to the schedule in SOW Attachment 03. 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 period of performance for this design is 365 calendar days. If submittals are not accepted due to insufficient design requirements throughout the design period and additional time is deemed necessary. It shall be 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.

14. 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 Harry S. Truman Memorial Veterans Hospital Facilities Management Project Section and have the technical knowledge required to monitor and oversee the project.

A COR from the Harry S. Truman Memorial Veterans Hospital Facilities Management 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.

15. REPORTING REQUIREMENTS:

The Contractor shall be required to report to the Facilities Management trailer (Building 22) to log in and obtain Contractor ID badge during normal working hours (0630‐1700). Any work to be completed outside of this shall be coordinated with the COR ahead of time to coordinate all requirements. This check‐in is mandatory. Issued badges must be returned at the end of the workday.

16. SECURITY REQUIREMENTS:

The A/E is responsible for assuring that all employees and consultant employees working on the project comply with these regulations.

1. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to Facilities Management trailer (Bldg 22) to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

2. No photography or video recording of VA premises is allowed without prior authorization.

3. The A/E is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

4. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

5. VA Information Custodial Language

a. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

b. The following standard items relate to records generated in executing this contract:

i. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 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.

ii. Contractor shall 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.

iii. Contractor shall 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.

iv. 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 by the Freedom of Information Act.

v. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

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

vii. 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.

viii. Contractor agrees to 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.].

ix. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. 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.

x. 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 this contract. The Contractor (and any sub‐contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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 Contracting Officer 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.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated, and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

6. Privacy – VA Mandatory Training

a. VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

1. VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.

b. Each employee self‐enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

c. Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

d. Each employee self‐enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

e. Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

17. SOW and ATTACHMENTS:

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

· Campus Map (See SOW Attachment 01)

· VHA Required Div 01 Specification Sections (See SOW Attachment 02)

· Statement of Task – Project Submission Requirements (See SOW Attachment 3)

· VHA Directive 1061 Prevention of Healthcare Associated Legionella Disease (See SOW Attachment 04)

End of SOW