Medical Physicist Equipment Testing Fargo VA Base plus 4
This sources-sought announcement is a tool to identify concerns with the capability to accomplish the work. This is not a solicitation. Only those firms who respond to this announcement by submitting the following information will be used in determining whether to set aside/compete this requirement. Please provide all the following: 1) A capability statement expressing interest in this requirement, describing your company and its capability to complete this work. Include a statement detailing any special qualifications and certifications, applicable to the scope of this project, held by your firm and/or in-house personnel. The capability statement must directly address the provisioning and servicing of equipment. 2) A statement or list of your firm's current or past technical experience similar to or the same as the summary scope of work for this requirement. Include a brief description of the scope and schedule for each similar requirement. 3) A statement or list of your firm's current or past performance similar to or the same as the summary scope of work. Include a point of contact name, phone number and email address. 4) A statement of your firm's business size and type (Service Disabled Veteran Owned, 8(a), woman-owned, Small Business, etc) utilizing the NAICS code and size standard noted above. Please include your DUNS number. Submit this information to Mr. David A. Raad via email to david.raad@va.gov. Your response to this notice must be received, in writing, on or before 10:00 AM (Mountain Time) on May 21, 2019. The Department of Veterans Affairs is seeking interested sources for the below requirement. The performance location will be at the Fargo VAMC. The requirement consists of the following draft Statement of Work: Diagnostic Medical Physics Support or Services The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide on-site diagnostic medical physics support or services for the Veterans Health Administration (VHA), under the terms and conditions stated herein and must adhere to VHA Handbook 1105.04, Fluoroscopy Safety, dated June 21,2018, 1105.02, 1105. The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). General Requirements 1. Performance All work shall be performed by a qualified diagnostic medical physicist. A qualified diagnostic medical physicist is a person who is certified by the American Board of Radiology, American Board of Medical Physics, or the Canadian College of Physicists in Medicine. The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO) Please See attached Directive 1105 .04 A graduate degree in physics, medical physics, biophysics, radiologic physicist, medical health physics, or a closely related science or engineering discipline from an accredited college or university. Vendor will provide documentation of credentials. Formal graduate-level coursework in the biological sciences with at least one course in biology or radiation biology and one course in anatomy, physiology, or a similar topic related to the practice of medical physics. Documented experience in a clinical CT testing and CT continuing education. 10 CT performance evaluations under the direct supervision of a board-certified medical physicist required. Contractor staff performing inspection will be subject to a background investigation and must receive a favorable adjudication from the VA Security Investigations Center (07C). If security clearance is not completed prior to the start of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform services for the VAHCS. The position sensitivity has been designated as low sensitivity. The level of background investigation is a National Fargo Health Care System Check with Written Inquiries. The level of risk associated with the contracted employee position is equivalent to the level required of a VA Employee working in such a position. Note: Level of Risk must be determined by the Information Security Officer (ISO) prior to submitting required investigations. Contractor staff performing inspection will complete and sign VA s national Rules of Behavior and Privacy Policy training prior to performing inspection. Vendor will provide equipment calibration records for all equipment used to test equipment. Vendor must have the ability to be at facility for emergency testing with physics equipment within several hours. Vendor must have ability to test several rooms at a time if necessary. 2. Mandatory Services to be Performed a. The qualified diagnostic medical physicist shall perform imaging equipment (x-ray equipment, nuclear medicine cameras/SPECT CT, ultrasound units, and MRIs) inspections to ensure compliance with the current American College of Radiology (ACR). Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the service supervisor and RSO prior to the qualified diagnostic medical physicist leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be reported to the RSO immediately upon discovery. A written report of the results shall be provided to the service supervisor or RSO within 30 working days after completion of the inspection. All imaging equipment (except ultrasound nuclear medicine cameras which are quarterly) shall be inspected at least annually. b. The qualified diagnostic medical physicist shall perform acceptance testing of all new or relocated imaging equipment prior to first clinical use. The acceptance testing shall comply with ACR or MQSA requirements. Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the service supervisor or RSO prior to the qualified diagnostic medical physicist leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be reported to the RSO immediately upon discovery. A written report of the results shall be provided to the service supervisor or RSO within 30 working days after completion of the inspection. c. The qualified diagnostic medical physicist shall perform a full inspection of imaging equipment after repairs or modifications that may affect the radiation output or image quality. The inspection shall be completed within 48 hours after the facility contacts the contractor. Any deficiencies or non-conformances discovered during the inspection shall be verbally communicated to the service supervisor or RSO prior to the qualified diagnostic medical physicist leaving the facility. Deficiencies or non-conformances which represent unsafe conditions with the potential to adversely impact the facility radiation workers or patients shall be reported to the RSO immediately upon discovery. A written report of the results shall be provided to the service supervisor or RSO within 30 working days after performing of the inspection. d. The MRI equipment shall be tested by Physicist who has completed formal MRI Safety officer/Director training, (over 10 credits) and be facility MRSE. e. The qualified diagnostic medical physicist shall review CT protocol optimization at least annually and sign protocols meet the required regulations. f. The qualified diagnostic medical physicist shall provide shielding design calculations for each new, replaced, or relocated x-ray imaging system. The calculations for each shall comply with the National Council for Radiation Protection and Measurements (NCRP) Report No. 147, and, for dental units, NCRP Report No. 145, and shall be documented in a written report which includes a diagram showing adjacent areas. The qualified diagnostic medical physicist shall perform a shielding survey to verify the structural shielding was installed per the shielding design report and complies with the design goals. A written report of the shielding survey shall be provided to the RSO within 30 workings days after the shielding survey has been completed. g. The qualified diagnostic medical physicist shall assist in the development of a comprehensive technical quality assurance (QA) program (e.g., technique charts, repeat/reject analysis monitoring, monitoring of exposure indices to radiographic image receptors, QA program for display monitors, QA for CT, monitoring of dose metrics from fluoroscopy studies), which complies with ACR recommendations, for all modalities. The qualified diagnostic medical physicist shall review at least annually the QA program. A written report of the results shall be provided to the service supervisor or RSO within 30 working days after performing of the inspection. h. The qualified diagnostic medical physicist shall perform a follow-up inspection to verify compliance of any necessary corrective action performed to correct deficiencies found. I. Performance Period: Equipment will be inspected on an annual basis and as needed for repairs and replacement. Nuclear sources will be tested according to requirements Period of performance will be one-year post award with 1 option periods. j. Services will be provided at the Fargo VA Health Care System (VAHCS), 2101 N Elm Street, Fargo, ND 58102, during the hours of 8:00AM-5:00PM, Monday tough Friday excluding Federal Holidays. Inspection dates and times will be mutually agreed upon and established. Policy reviews may be provided via electronic means and submitted for review. k. Fargo VAHCS will provide a qualified person to operate the equipment and be present during the inspection. l. VA may increase the number of equipment items or tests covered under this contract at no change to the applicable contract unit price in the price schedule. All additional equipment and tests will be added via contract modification issued by the Contracting Officer. m. VA may, from time to time, make changes to the Scope of Work under this Contract, tough a written modification. A modification shall not modify the overall purpose of this Contract. n. At any time during the term of this Contract, VA may order Additional Services by a modification to be performed by the Contractor. Additional Services are defined as services which were not contained in this Contract; are determined by VA to be necessary; and bear a reasonable relation to the Services originally described in this Contract. o. If any change under this Article causes an increase or decrease in the cost of, or the time required for the performance of any part of the Services, an equitable adjustment in the compensation and schedule will be made in the modification, which shall be incorporated into this Contract by written modification. The Contractor shall not be entitled to make any changes in the Services or perform any Additional Services unless authorized in advance by written modification. Upon receipt of a modification approved by VA, the Contractor shall continue performance of the Scope of Work as modified by the modification. p. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract. q. In the event the Contractor Affects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof. r. Fargo VA Health Care System is responsible for maintaining equipment and ensuring that tests are performed within required state and federal regulations. s. Vendor will provide a report(s) of all physics testing in a format presentable to regulatory agencies and The Joint Commission. Per state regulations, it is the responsibility of Fargo VA Health Care System to keep a copy of the report(s) after completion of service(s) for use as a permanent record. t. Testing and services not covered in this contract, including unforeseen issues with equipment testing, will be billed separately on a fee-for-service basis or at a rate of $195.00 per hour plus mileage and travel expenses. 3. Equipment Inspections The Contractor shall conduct equipment inspections or quality control surveys of the imaging equipment listed below. The Contractor shall ensure the imaging equipment s compliance with applicable Federal regulations, the Joint Commission, and ACR recommendations, and shall include, but not be limited to, monitoring the following basic performance characteristics. A. Radiographic and Fluoroscopic Equipment Physics inspections of radiographic and fluoroscopic equipment shall comply with the ACR Technical Standard for Diagnostic Medical Physics Performance Monitoring of Radiographic and Fluoroscopic Equipment. The performance of each radiographic and fluoroscopic unit must be evaluated at least annually. This evaluation should include, but not be limited to, the following tests (as applicable). (1) Integrity of unit assembly. (2) Collimation and radiation beam alignment. (3) Fluoroscopic system resolution. (4) Automatic exposure control system performance. (5) Fluoroscopic automatic brightness control performance (high-dose-rate, pulsed modes, field-of-view [FOV] variation). (6) Image artifacts. (7) Fluoroscopic phantom image quality. (8) kVp accuracy and reproducibility. (9) Linearity of exposure versus mA or mAs. (10) Exposure reproducibility. (11) Timer accuracy. (12) Beam quality assessment (half-value layer). (13) Fluoroscopic entrance exposure. Maximum output for all clinically used settings. (14) Image receptor entrance exposure. (15) Equipment radiation safety functions. (16) Patient dose monitoring system calibration. (17) Video and digital monitor performance. (18) Digital image receptor performance. (19) Grids used with portable x-ray units shall be imaged for uniformity. B. Computed Radiography (CR) and Digital Radiography (DR) Physics inspections of CR and DR equipment shall comply with the American Association of Physicist in Medicine (AAPM) Report Number 93, Acceptance Testing and Quality Control of Photostimulable Storage Phosphor Imaging Systems. The performance of CR and DR must be evaluated at least annually. This evaluation should include, but not be limited to, the following tests (as applicable). Radiographic equipment: 1) X-ray generator analysis with respect to kVp and timer accuracy, mA linearity, exposure reproducibility and assessment of radiation, and kV waveforms (non-invasive testing) 2) Light field to x-ray field and beam alignment 3) Accuracy of manual and automatic collimator operation 4) Source-to-image (SID) accuracy 5) Beam quality (HVL) analysis 6) Evaluation of spatial resolution 7) Radiation output (mR/mAs) verses kVp and distance (typical patient exposures) 8) Photo timer operation analysis 9) Tomographic performance analysis with respect to beam path and exposure uniformity, depth indicator accuracy, cut thickness, and resolution 10) Mechanical performance and electrical cable integrity inspection 11) Proper operation of interlocks and exposure switches 12) DAP, if applicable Digital Radiography equipment: 1) Uniformity and artifact evaluation 2) Signal response: linearity and slope; calibration and beam quality 3) High-contrast resolution 4) Noise/low-contrast response 5) Aspect ratio and accuracy of distance measurements (workstations, PACS, or printed films) 6) Anti-aliasing 7) Positioning and collimation errors Computed Radiography equipment: 1) Physical inspection/inventory of cassettes 2) Imaging plate uniformity and dark noise 3) Signal response: linearity and slope; calibration and beam quality 4) Laser beam function 5) High-contrast resolution 6) Noise/low-contrast response 7) Aspect ratio and accuracy of distance measurements 8) Erasure thoroughness 9) Toughput Fluoroscopic equipment: 1) Verify compliance with state and federal regulations for fluoroscopic exposure rate conditions 2) Proper operation of interlocks, exposure switches, timers, table side shields, and tower aprons 3) Fluoroscopic imaging system resolution and contrast analysis 4) Fluoroscopic kVp accuracy, radiation and kV waveforms assessment (non-invasive testing), and fluoroscopic beam quality 5) Verify air kerma and/or DAP indicator accuracy 6) Spot film x-ray generator analysis with respect to kVp and timer accuracy, mA linearity, exposure reproducibility and assessment of radiation and kV waveforms (non-invasive testing) 7) Mechanical performance and electrical cable integrity inspection Specifics of the testing: Regulatory Checklists Radiographic Fluoroscopic Mechanical Factors Tube Motion (smoothness, locks, ease of operation, etc. in all directions) Film Tray Motion (smoothness, locks, ease of operation) (smooth, unobstructed, rigid when locked, etc. in all directions) Cables (checked for areas of potential wear) Light Alignments Light Field Illuminance Radiographic Generator/Tube Assessment Radiographic kVp Accuracy (measured average kVp within A 5% kVp of nominal) Radiographic Timer Accuracy Radiographic Radiation/kVp Waveforms mAs Exposure Accuracy (mA*Time vs mAs Setting) Free-In-Air Exposure Measurements (mR/mAs Consistency) Radiographic Tube Current Linearity Radiographic Exposure Reproducibility (c.v. Radiographic Beam Quality (HVL > 2.3 mm Al @ 80 kVp) Dose Meter Accuracy Radiographic Free-In-Air Exposures Collimation Assessment X-ray and light fields agree within 2% of SID (3% for L+W) X-ray field center and film center agree within 2% of SID Central Beam misalignment is less than 3A @ 40" SID Collimator indicated field size and x-ray field size agree to within 2% of SID Digital Post Collimation masks image Positive Beam Limitation (Auto-Collimation): Table Bucky Positive Beam Limitation (Auto-Collimation): Wall Bucky 6. SID Accuracy Indicated SID is within 2% of the actual SID Focal Spot Size Measurement Large focal spot is within acceptable limits Small focal spot is within acceptable limits Radiographic Automatic Exposure Control (AEC) System Performance Table Bucky: Left and right chamber balance to center chamber is adequate Film Density vs. thickness/kVp change AEC to CR Reader Calibration Wall Bucky: Left and right chamber balance to center chamber is adequate Density control function is adequate Exposure reproducibility is within acceptable limits Photo timer Backup timer cut off Photo-timed phantom exposures give expected results AEC to CR Reader Calibration Radiographic Free-In-Air Exposures 10. Collimation Assessment X-ray and light fields agree within 2% of SID (3% for L+W) X-ray field center and film center agree within 2% of SID Central Beam misalignment is less than 3A @ 40" SID Collimator indicated field size and x-ray field size agree to within 2% of SID Digital Post Collimation masks image Positive Beam Limitation (Auto-Collimation): Table Bucky Positive Beam Limitation (Auto-Collimation): Wall Bucky SID Accuracy Indicated SID is within 2% of the actual SID Focal Spot Size Measurement Large focal spot is within acceptable limits Small focal spot is within acceptable limits Radiographic Automatic Exposure Control (AEC) System Performance Table Bucky: Left and right chamber balance to center chamber is adequate Density control function is adequate Exposure reproducibility is within acceptable limits Photo timer Backup timer cut off Photo-timed phantom exposures give expected results AEC density at normal or "0" produces OD above 1.00 Film Density vs. thickness/kVp change AEC to CR Reader Calibration Wall Bucky: Left and right chamber balance to center chamber is adequate Density control function is adequate Exposure reproducibility is within acceptable limits Photo timer Backup timer cut off Photo-timed phantom exposures give expected results AEC to CR Reader Calibration C. CT Scanners The physics inspection shall conform to the latest ACR Computed Tomography Quality Control Manual, and Joint Commission, OIG standards. The performance of each CT scanner shall be evaluated at least annually. This evaluation should include, but not be limited to, the following tests (as applicable). (1) Review of Site s Clinical protocols and sign off by physicist (2) Image Plane, laser, Scout Table test for accuracy- beam alignment, beam artifacts (3) Low contrast Detectability and CNR- low contrast resolution sensitivity system (4) Table Travel Accuracy (5) Distance Measurements (6) Spatial Resolution. (7) CT Number Accuracy and Image Thickness- measurement beam width and scan increment accuracy (8) Artifact Evaluation. (9) CT Number Uniformity- tu the image plane (10) Dosimetry (the scanner displayed CTDIvol values must be within +/- 20% of the measured a. Location in phantom b. kVp c. mA d. Scan time; scan diameter (11) Gray Level Performance of CT Acquisition Display Monitors. (12) slice position accuracy (13) Exposure Performance 16cm Phantom (14) High Contrast resolution of the system (15) Exposure Performance 32 cm Phantom (16) Annual scatter radiation measurements (17) Gantry Tilt Accuracy (18) Adult Protocol Dosimetry (19) Pediatric Protocol Dosimetry (20) QC Review- Quality assurance testing D. Dental The physics inspection shall conform to the Conference of Radiation Control Program Directors (CRCPD), Quality Control Recommendations for Diagnostic Radiography Volume 1 Dental Facilities July 2001. The performance of dental x-ray inspections shall be annually or every 2 years. This evaluation should include, but not be limited to, the following tests (as applicable). (1) Collimation. (2) Beam quality (half value layer). (3) Timer Accuracy and Reproducibility. (4) kVp Accuracy and Reproducibility. (5) mA or mAs Linearity. (6) Exposure Reproducibility. (7) Entrance Skin Exposure Evaluation. (8) Technique Chart Evaluation. (9) Image uniformity (artifact evaluation). E. MRI The physics inspection shall conform to the latest ACR Magnetic Resonance Imaging Quality Control Manual. The performance of each MRI scanner shall be evaluated at least annually. This evaluation should include, but not be limited to, the following tests (as applicable). SERVICES TO MRI SCANNERS 1. Evaluate the MRI scanner, including the following testing: a. Set-up and table position accuracy b. Center frequency c. Transmitter gain or attenuation d. Geometric accuracy measurements-distance e. High contrast spatial resolution f. Low contrast detectability g. Artifact evaluation h. Film printer quality control, if applicable i. Visual checklist j. Magnetic field homogeneity k. Slice thickness accuracy l. Slice position accuracy m. Radiofrequency coil checks (SNR, Ghosting, and Image uniformity (for volume coils)) n. Soft-Copy (monitor) evaluation o. RF shielding integrity p. Scanner suite evaluation q. Electrical cable integrity r. Inter-slice RF interference. s. RF coil performance (a) Volume coils signal-to-noise ratio (b) Volume coils image uniformity (c) Volume coils ghosting ratio (d) Phased array coils' signal-to-noise ratio (e) Surface coils signal-to-noise ratio t. Low-contrast resolution (contrast-to-noise ratio) detectability u. Site phantom inventory v. Site RF coil inventory 2. Assess the MR Safety Program and Quality program by certified MRI safety Physicist and make recommendations for improvements G. Nuclear Medicine The physics inspection shall conform to the ACR annual performance tests for nuclear medicine cameras, SPECT and SPECT/CT. The qualified diagnostic medical physics shall also perform the quarterly testing as outlined by the ACR. The performance of each nuclear medicine scanner shall be at least annually. This evaluation should include, but not be limited to, the following tests (as applicable). (1) Intrinsic Uniformity: fail criteria: > 5.0% (2) System Uniformity: fail criteria: > 5.0% (3) Intrinsic or System Spatial Resolution: fail criteria: > 3.5 mm bars (4) Relative Sensitivity: fail criteria: COV > 2.5% (5) Energy Resolution: fail criteria: > 12% (6) Count Rate Parameters: fail criteria (7) Formatter/Video Display (8) Overall System Performance for SPECT (9) System Interlocks (10) Dose Calibrators (Geometry, if applicable, Accuracy) (11) Thyroid Uptake and Counting Systems (12) Semiannual sealed source testing. (13) Image Plane, Laser, Scout and Table Test CT (14) Checklist (15) CT number and Image Thickness (16) Low Contrast Detectability and CNR (17) Uniformity (18) Distance Measurements (19) High Contrast (20) Exposure Performance 16cm Phantom (21) Exposure Performance 32 cm Phantom (22) Annual scatter radiation measurements (23) Gantry Tilt Accuracy (24) Adult Protocol Dosimetry (25) Pediatric Protocol Dosimetry (26) Monitor Evaluation-multiple window spatial registration (27) Hard copy evaluation (28) Site s Clinical Protocols (29) QC Review Evaluate the nuclear medicine equipment, including the following testing (as appropriate): h. Multiple-window spatial registration H. Ultrasound The physics inspection shall conform to the ACR performance tests for ultrasound. On an ongoing basis (at least annually), the following tests should be done for each ultrasound unit. Testing should be done using two transducers commonly used with any unit employing more than one transducer. Data should be taken from testing of the transducers which are used for the most frequently occurring examination(s) at the site. It is recommended that these be of different scan formats such as one linear (or curvilinear array), and one sector (mechanical, phased, or vector). (1) System Sensitivity/Penetration This test should be done with the following settings: maximum transmit power proper receiver gain and TGC that allows echo texture to be visible in the deep region transmit focus at the deepest depth The maximum depth of visualization is determined by comparing the gradually weakening echo texture to electronic noises near the bottom of the image. (2) Image Uniformity Adjust the TGC controls and other sensitivity controls to obtain an image as uniform as possible. vertical or radially oriented streaks? dropouts? reduction of brightness near edges of the scan? brightness transitions between focal zones? (3) Electrical and Mechanical Safety and Cleanliness Are all cords and cables intact (no frays)? Are all transducers intact without cracks or delamination? Are the transducers cleaned after each use? Are the image monitors clean? Are the air filters clean? Are the wheel locks in working condition? Are the wheels fastened securely to the US unit and do the wheels rotate easily? Are all accessories (VCR, cameras, etc.) fastened securely to the US unit? (4) Gray Scale Photography (if applicable) Do either (a), (b), or (c). (a) For Scanners with a Discrete Bar Pattern Count the number of distinct gray bar steps on the viewing monitor. Then count the number of steps visualized in the gray bar on the hard copy image. (b) For Scanners with a Continuous Gray Bar Pattern Use calipers to measure the length of the black-to-white transition of the gray wedge on the viewing monitor. If the relative length of the black-to-white transition on the hard copy image is less, document how much is missing. (5) Hard Copy Output Quality Test (Digital) (if applicable) This test, or a similar test specifically recommended by the hard copy equipment manufacturer. Required Test Equipment Densitometer SMPTE Test Pattern or another similar test pattern or phantom image having a wide range of gray scales. The same test image should be used each time. I. Display Monitors The physics inspection shall conform to the AAPM On-line Report No. 03, Assessment of Display Perform for Medical Imaging Systems. The performance of each display monitor shall be evaluated initially, acceptance testing, and at least annually thereafter. This evaluation should include, but not be limited to, the following tests (as applicable). Acceptance testing (Table 7 from AAPM On-line Report No. 03) (a) Geometric distortions (b) Reflection (c) Luminance response (d) Luminance dependencies (e) Resolution (f) Noise (g) Veiling glare (h) Comaticity Annual testing (Table 8c from AAPM On-line Report No. 03) (a) Geometric distortions (b) Reflection (c) Luminance response (d) Luminance dependencies (e) Resolution (f) Noise (g) Veiling glare (h) Comaticity RECORDS MANAGEMENT OBLIGATIONS A. 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. A B. A Definitions "Federal record" as defined in 44 U.S.C. A 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal Fargo Health Care System under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that Fargo Health Care System 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. A The term Federal record: Includes Fargo VA Health Care System records.A Does not include personal materials. Applies to records created, received, or maintained by Contractors pursuant to their Fargo Health Care System contract. May include deliverables and documentation associated with deliverables. C. A 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.A 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.A 3. In accordance with 36 CFR 1222.32, 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.A Fargo Health Care System 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 Fargo Health Care System or destroyed except for in accordance with the provisions of the Fargo Health Care System 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, Contractor must report to Fargo Health Care System. The Fargo Health Care System 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 Fargo Health Care System 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 Fargo Health Care System 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 Fargo Health Care System policy.A 8. The Contractor shall not create or maintain any records containing any non-public information that are 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 A 10. The Fargo Health Care System 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 Fargo Health Care System 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 tough FAR 52.227-20. 11. Training. A 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 Fargo Health Care System policies, including initial training and any annual or refresher training.A [Note: To the extent an Fargo Health Care System requires contractors to complete records management training, the Fargo Health Care System must provide the training to the contractor.]A D. A Flowdown 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.A A 2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
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