36C26319Q0838 - Waste Removal Service Contract - Fargo
VA Network Contracting Office 23, Black Hills, is issuing this Sources Sought Synopsis to determine the suitability for a Service Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), or other Small Business set-aside for Hazardous Waste Services for the Fargo, ND VAMC area (see Statement of Work below). This is not a request for quotes or proposals and any such submitted in response to this notice will not be evaluated. Vendors who are interested in this requirement should respond to this notice by providing: a. A short capability statement outlining their ability to provide the service b. A list of other contracts for similar service that they have been prime or a sub-contractor on c. Certification of their SDVOSB/VOSB status tough VetBiz.gov (if applicable) d. Company DUNS number e. Company Contact information Annual workload estimate for this requirement is: Location of Service Estimated Quantity Unit of Issue Fargo VA Health Care System Medical Center (5300 pounds per month x 12 months) 63,600 Daily Grand Forks, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Jamestown, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Bismarck, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Minot, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Devil s Lake, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Grafton, North Dakota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Bemidji, Minnesota Community Based Outpatient Clinic (CBOC) 1560 Bi- Weekly Respond directly via email at: Stephen.holly@va.gov Description of Work The Department of Veterans Affairs, VA Health Care System located at 2101 North Elm Street, Fargo, ND 58102, has need for a contractor with the capability and capacity to provide disposal services for hazardous waste, non-hazardous chemical waste, specialty waste, regulated medical waste, hazardous pharmaceuticals, DEA controlled substances, non-hazardous pharmaceuticals, and dual waste (hazardous chemical and bio-hazardous or sharps combined), universal waste, emergency spill response services, lab pack services that include supplies, labeling, lab-packing, consolidation, shipment, manifesting, and consulting from the U.S. Department of Veterans Affairs at the Fargo Campus and Community Based Outpatient Clinics (CBOCs) located within North Dakota and Minnesota. Hazardous Waste Management Provide hazardous, dual, lab pack, and universal waste transport and disposal services of the wastes from the Fargo Veteran Affairs Health Care System (Fargo VAHCS) and Community Based Outpatient Clinics (CBOCs). Hazardous waste includes any waste material or mixture of wastes which is toxic, corrosive, flammable, reactive, an irritant, a strong sensitizer or which generates pressure tough decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous material. This also includes all materials identified by the Resource Conservation and Recovery Act of 1976 (RCRA); Subtitle C, 40 CFR, Parts 260-265. Dual waste (medical waste and hazardous waste) includes contaminated sharps, dressings, tissues, gloves, masks, hair covers, and other PPE materials. This is hazardous waste and is subject to the regulations applicable to hazardous waste. Universal waste includes batteries, pesticides, mercury-containing equipment, and bulbs (lamps). Universal Waste regulations are set forth in 40 CFR part 273. Contractor will be responsible for compliance with state regulations in North Dakota and Minnesota. Regulated Medical Waste Waste originating from the diagnosis, care, or treatment of a person that has potential infectious materials that would include any blood or other potentially infectious materials in liquid or semi liquid state. The Contractor shall supply the VA with an adequate number of clean, disinfected, rigid, stackable storage containers with tight-fitting covers that can securely sealed. The Contractor shall provide disinfected storage containers of sufficient quantity to ensure adequate capacity as needed by the VA . At a minimum, a one-to-one exchange of containers for each filled container in both pickup locations will be provided by the Contractor. Removal of sharps containers containing needles, syringes, blood, body fluids, waste from Dialysis, chemotherapy or diagnostic radiopharmaceutical administration which has been rendered non-toxic or decay in storage is complete. Trace chemotherapy and trace chemotherapy sharps. Empty chemotherapy vials and containers, syringes, IV bags and tubing. Gowns, gloves, wipes, and other paraphernalia associated with the routine handling, preparation, and administration of chemotherapy and hazardous drugs. All radioactive waste will be monitored and not released for disposal until evidence of radioactivity ceases. Human tissue pathology, histology and cytology waste. Surgical waste, laboratory specimens, microbiological waste, blood bags, IV bags, tubing, gloves and gowns. Other types of regulated medical wasted identified by both parties . 2 . DESCRIPTIONS/SPECIFICATIONS The Contractor and/or subcontractor shall perform characterization of all waste streams identified by each Fargo VAHCS facility using process knowledge, identity of the chemicals, and other types of analyses, including but not limited to Toxicity Characteristic Leaching Procedure (TCLP), and Safety Data Sheets (SDSs). Documentation of these waste stream characterizations must be provided to the Fargo VAHCS GEMS Program Manager or designee. Wastes shall include, but not be limited to, ignitables, corrosives, poisons/toxics, reactive wastes, mixed radiological and hazardous waste, and universal waste (e.g., batteries, fluorescent lamps, mercury containing devices, pesticides). The Fargo VAHCS reserves the right to handle a waste stream if it can be recycled, handled or treated locally, or if the price of disposal is significantly less than the price given by the Contractor. Work shall be performed in accordance with all applicable federal, state, local, municipal, and VA, laws, regulations, and requirements. Wastes will be segregated by hazard class or chemical compatibility and labeled and marked appropriately prior to transport by the Contractor and/or subcontractor. Fargo VAHCS personnel will stage wastes into appropriate containers in preparation for transport. The Contractor and/or subcontractor shall package bulk wastes into the largest container feasible, unless directed otherwise by the Contracting Officer, COR, GEMS Program Manager, or designee. The Contractor and/or subcontractor shall properly containerize all lab packs. The Contractor and/or subcontractor shall implement all safety measures needed to prevent harm or injury to Fargo VAHCS patients, visitors, employees, Contractor and/or subcontractor employees (e.g., PPE) and the environment (e.g., storm drain covers). In the event of a Contractor- or subcontractor-caused waste release during the on-site or off-site performance of services, the Contractor and/or subcontractor shall be responsible for all costs associated with the satisfactory remediation of the incident. This shall include, but not be limited to, the costs of all labor, supplies, equipment and materials, as well as any actual damages incurred to the facility and harm caused to patients, visitors and Fargo VAHCS staff. The remediation efforts shall be performed to the satisfaction of the appropriate regulatory authorities and the Fargo VAHCS GEMS Program Manager or designee. All wastes covered in this contract, and generated by the Fargo VAHCS, shall be disposed of by the Contractor in accordance with current federal, state, local, municipal, and VA, laws, regulations, and requirements that govern these types of wastes. All chemotherapy wastes, and all pharmaceutical wastes shall be disposed of by incineration only. The Contractor and subcontractor(s) shall dispose of the wastes covered in this contract in a manner that leaves no future expense to the Fargo VAHCS or the federal government. Acceptance of the wastes covered in this contract at a properly permitted treatment, storage, or disposal site (i.e., TSDF) does not constitute disposal and/or completion of the contract. It is the Contractor s and subcontractors responsibilities to obtain all necessary documentation to prove that the timely end disposal of all waste items has been accomplished. This documentation shall be provided to the Fargo VAHCS GEMS Program Manager or designee. Shipments outside of the Continental US are prohibited under this contract, unless prior approval is received in writing from the CO, COR and GEMS Program Manager or designee. Services performed under this contract shall be performed during normal business hours of 8:00am to 4:00pm (CDT), Monday tough Friday, excluding Federal Holidays, unless alternate arrangements have been made due to weather, construction, inspections, etc. The COR, Fargo VAHCS GEMS Program Manager or designee is available during normal business hours for the approval of manifests and other required documentation. The Contractor and/or subcontractor shall make available at least one key staff member as a technical point-of-contact (POC) during all external (e.g., federal, state, local) inspections and audits and all internal {e.g., Veterans Affairs (VA), Veterans Health Administration (VHA), VHA Regional Offices, etc.} inspections and audits to assist with any potential questions/inquiries that inspectors/auditors may have for the facility and/or the Contractor who provides services for this contract. Notifications and arrangements shall be made in advance, as soon as possible, for all announced inspections and audits. For all unannounced inspections and audits, notifications and arrangements shall be made as soon as possible/feasible. In either case, the CO, COR, Fargo VAHCS GEMS Program Manager or designee shall make these notifications and arrangements. All manifests, waste determinations, shipping information, and other data/documentation as applicable, required for the proper execution of this contract shall be maintained by the Contractor and/or subcontractor, with originals and/or copies being provided to the Fargo VAHCS GEMS Program Manager or designee. The Fargo VAHCS reserves the right to halt work if the Contracting Officer, COR, Fargo VAHCS GEMS Program Manager or designee, Fargo VAHCS Safety Officers, or Fargo VAHCS Industrial Hygienists, determine that work is being done in an unsafe or unhealthy manner, or that the environment could be harmed. Fargo VAHCS shall not incur additional costs if work is halted for these reasons. The COR, Fargo VAHCS GEMS Program Manager or designee, Fargo VAHCS Safety Officers, or Fargo VAHCS Industrial Hygienists have the authority to issue a verbal Stop Hazardous Waste Removal Order pertaining to job activity they reasonably believe represents an imminent hazard to life, health, property, or the environment. This verbal order shall be followed up by a written memorandum as soon as feasible after the hazardous situation has been stabilized or abated. 3 . Spills and Leaks. The Contractor and/or subcontractor shall clean up all spills or leaks that occur during the performance of services. Clean-up shall be in accordance with all applicable federal, state, local, municipal, and VA-imposed, laws, regulations, and requirements. The Contractor and/or subcontractors shall report all spills or leaks that occur on Fargo VAHCS property immediately to the COR, Fargo VAHCS GEMS Program Manager or designee. Spills or leaks that occur during transportation shall be reported to the COR, Fargo VAHCS GEMS Program Manager or designee within twenty-four (24) hours of the occurrence. A written report of the circumstances shall be sent to the COR, Fargo VAHCS GEMS Program Manager or designee, and any appropriate regulatory agencies if required. The Contractor and/or subcontractor shall ensure that all Contractor and/or subcontractor vehicles used for transportation of wastes, supplies, equipment, and materials, performed under this contract, are stocked with sufficient supplies, equipment and materials to contain and clean up spills, leaking containers or other similar conditions that could occur while performing routine transport. 4. Materials and Equipment. The Contractor and/or subcontractor shall provide a list to the Fargo VAHCS for ordering supplies, materials, equipment, etc., tough this contract. The COR, Fargo VAHCS GEMS Program Manager or designee shall make arrangements to order and take delivery of the supplies, materials, equipment, etc., that are provided tough this contract. The Contractor and/or subcontractor shall furnish all bulk containers and packing material and identifying labels for the transportation of Fargo VAHCS wastes. The Contractor and/or subcontractor shall also furnish smaller containers if needed. All containers and packing materials shall meet or exceed all federal, state, and/or local DOT laws, regulations and requirements for the wastes being shipped. The Contractor and/or subcontractor shall maintain all containers and government facilities ensuring they are free of unpleasant odors, dirt, debris and pests. Cleaning and decontamination of containers shall not be performed on Government property. The Contractor and/or subcontractor shall ensure that all Contractor and/or subcontractor vehicles used for transportation of wastes, supplies, equipment, and materials, performed under this contract, shall be placarded and equipped in accordance with applicable federal, state, and local DOT laws, regulations, and requirements. All contractor and/or subcontractor vehicles shall contain all standard and emergency equipment and supplies required by applicable federal, state, and local DOT laws, regulations, and requirements. 5. Training. The contract will include annual training for all employees who handle hazardous and/or universal waste, at least once per year, designated by the COR, Fargo VAHCS GEMS Program Manager or designee. The hazardous waste training program will provide training to employees who generate hazardous waste in Satellite Accumulation Areas that have hazardous waste management responsibilities. Training will incorporate Resource Conservation and Recovery Act (RCRA), state specific regulations and include storage, documentation, records management, safety data sheets, emergency responsibilities, and other pertinent topics. The Contractor and/or subcontractor will partner with the COR, Fargo VAHCS GEMS Program Manager or designee to develop medical center specific training to nursing on the collection and accumulation of hazardous and universal waste. This training will be conducted in a train-the-trainer style by the contractor. The Contractor and/or subcontractor shall make available to the Fargo VAHCS GEMS Program Manager at least one key staff member as a technical point-of contact to provide technical expertise on topics related to EPA, DOT, State-specific RCRA and other environmental regulations. 6. Key Personnel. The Contractor shall provide a list of names, titles, addresses, telephone numbers (including cellular), and e-mail addresses of key Contractor and subcontractor staff that will be performing the duties or functions of this contract. If waste covered under this contract must be transported tough a jurisdiction which requires special licensing or permitting, the Contractor and/or subcontractor shall obtain and maintain all necessary licenses and permits. The Contractor shall provide copies of these licenses and permits to the COR, Fargo VAHCS GEMS Program Manager or designee. The Contractor and/or subcontractor shall, without additional cost to the Fargo VAHCS or federal government, provide and maintain all licenses and permits for personnel, trailers, containers, vehicles and other resources required for proper transportation and disposal of the wastes covered under this contract in accordance with all applicable federal, state, local, municipal, and VA, laws, regulations and requirements. If appropriate licenses and permits are not maintained in accordance with these applicable laws, regulations and requirements, the Fargo VAHCS may terminate the contract effective upon discovery. 7. Deliverables. The following shall be provided to the Fargo VAHCS prior to beginning contract performance, and annually, thirty (30) calendar days prior to the expiration date of the contract s current period of performance, and within thirty (30) calendar days upon request by the Fargo VAHCS: Current waste transporter permit(s) for the Contractor and all subcontractors. List of all Contractor and subcontractor transfer stations, treatment, storage and disposal facilities (TSDF) including incineration, autoclaving, wastewater and sludge treatment facilities that shall be utilized during this contract, to include the capacity of these facilities and the waste codes for the waste streams they are permitted to accept by treatment technology. The Contractor shall provide the names, addresses, phone numbers, and point-of-contact information for all facilities used during the execution of this contract. The Fargo VAHCS reserves the right to inspect each of these facilities before approving its use, in writing, or at any time during or after the contract period; especially in conjunction with federal, state, local, municipal, VA, or other types of inspections. Copy of Operator permit(s) for the Contractor and all subcontractors. Certificates of training and experience of Contractor and all subcontractor staff that shall perform site work under this contract. All Contractor and all subcontractor staff involved in the technical aspects of performing this contract, and shall work on Fargo VAHCS premises, will be expected to have received at least the minimum training required by law as specified in 29 CFR 1910-120, 40 CFR Parts 260-265 and 49 CFR Parts 171-178. The Fargo VAHCS reserves the right to receive certificates of training and experience of all Contractor and all subcontractor staff performing off-site work functions/duties under this contract. Provide the Contractor s and/or any subcontractor s experience in identifying, characterizing, packaging, transporting, and disposing of the wastes covered under this contract. Provide current copies of certificates with US and/or state EPA Hazardous Waste (RCRA) Identification Numbers for each business entity operated by the Contractor and all subcontractors that will provide service regarding any aspect of waste transport and disposal covered under this contract (i.e., transport, storage, transfer, incinerator sites, etc.). Provided a current copy of certificate of registration with the US and/or state EPA as a hazardous waste hauler for each business entity operated by the Contractor and all subcontractors that will provide transportation services for any aspect of waste transport and/or disposal covered under this contract. Provide written acknowledgement of responsibility for acquisition of all applicable business licenses and permits required by law. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits toughout the performance of this contract. Provide a list of any violations and/or citations that the Contractor and any subcontractor has received for non-compliance with any hazardous waste laws, permit and licensing requirements; federal, state, and local DOT requirements; federal, state and local EPA requirements; and federal, state and local OSHA requirements for the past tee years from the date of submission. The Contractor shall include information on all related business entities including associated firms that are owned by the Contractor or owned by a common parent company, or any subcontractor that will be involved in any portion of the shipping and waste disposal covered under this contract. If no discharge or violations have occurred, the Contractor and subcontractor(s) must provide a statement that certifies no discharges or violations have occurred. If any documents required to be provided/submitted to the Fargo VAHCS in this contract expire, need to be reissued, etc., the Contractor shall provide copies of all updated/reissued document(s) to the COR, Fargo VAHCS GEMS Program Manager or designee at the time of update or reissue. 8. Locations of Services Location of Service 1 Fargo VA Health Care System Medical Center 2 Grand Forks, North Dakota Community Based Outpatient Clinic (CBOC) 3 Jamestown, North Dakota Community Based Outpatient Clinic (CBOC) 4 Bismarck, North Dakota Community Based Outpatient Clinic (CBOC) 5 Minot, North Dakota Community Based Outpatient Clinic (CBOC) 6 Devil's Lake, North Dakota Community Based Outpatient Clinic (CBOC) 7 Bemidji, Minnesota Community Based Outpatient Clinic (CBOC) 8 Grafton, North Dakota Community Based Outpatient Clinic (CBOC) 9 Fergus Falls, MN Community Based Outpatient Clinic (CBOC) (only hazardous waste services needed, not RMW) 9. Work Hours Services shall be performed during the hours of 8:00 AM and 4:00 PM, Monday tough Friday, excluding Federal Holidays. Department of Transportation (DOT) Hazardous Material (HazMat) certified personnel are available during those hours to sign shipping manifests and documents. Any service performed outside of normal working hours shall be approved in advance by the Contracting Officer s Representative (COR) at a price agreed to by the Contractor and Contracting Officer (CO). If appropriate, the (COR) may authorize additional services under a separate purchase order. Federal Holidays observed by the VA include: New Year s Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Cistmas Day 10. Documentation. The Contractor and all subcontractors are required to comply with all federal, state, local, municipal, and VA, laws, regulations, and requirements regarding tracking, recordkeeping, manifesting and documentation of all waste collected. The Contractor and all subcontractors shall be required to comply and keep current with all changes to such federal, state, local, municipal, and VA, laws, regulations and requirements which occur during the term of this contract. The Contractor and subcontractor shall provide to the Fargo VAHCS any additional licenses, permits, and certifications that may be required because of changes in such laws. The Contractor and/or subcontractor shall provide all manifests and documentation that apply to the transport and disposal of wastes covered under this contract by its staff and its subcontractors. The Contractor and/or subcontractor shall furnish a properly executed and legible copy of the appropriate manifests and related documentation required to document the safe transport and proper disposal of all wastes covered under this contract. Prior to the transport of wastes covered under this contract, the Contractor and/or subcontractor shall obtain approval and signature for each manifest from the COR, Fargo VAHCS GEMS Program Manager or designee verifying that the Contractor or subcontractor has accepted the waste from the Fargo VAHCS and that the waste is being properly shipped for disposal. Manifests not signed by the COR, Fargo VAHCS GEMS Program Manager or designee shall not be deemed valid. The Generator Copy, Generator State Copy and Destination State Copy, as applicable of the executed manifest with quantities listed, shall be signed and provided to the COR, Fargo VAHCS GEMS Program Manager or designee within thirty (30) calendar days when the wastes covered under this contract have been processed and/or disposed of. In addition to providing the manifests, the Contractor and/or subcontractor shall provide properly executed and signed "Certificate of Disposal" forms for each facility manifest (see Appendix A) to the COR, Fargo VAHCS GEMS Program Manager or designee as soon as the waste has been disposed of, but not later than eighteen (18) calendar months from removal of waste from the generator facility. The "Certificate of Disposal" forms shall clearly indicate that all waste has been properly disposed of and shall specify the method, site, and date of disposal; and other information as included on the "Certificate of Disposal" form. If a "Certificate of Disposal" form cannot be provided within eighteen (18) calendar months of removal of waste from a generator facility, a written statement of how the waste is being managed, which shall include when the waste is scheduled to be disposed of, shall be provided to the COR, Fargo VAHCS GEMS Program Manager or designee. This shall be followed up with written monthly updates to the COR, Fargo VAHCS GEMS Program Manager or designee until the waste has been disposed of. Once the waste has been disposed of, "Certificate of Disposal" form(s) shall be forwarded to the COR, Fargo VAHCS GEMS Program Manager or designee as soon as disposal has been completed, but not longer than thirty (30) calendar days from date of final disposition. Exceptions to this must be approved by the COR, Fargo VAHCS GEMS Program Manager or designee in writing. The Contractor is still responsible for providing all services, documentation and paperwork (as required/needed) for all work performed during the contract period, even after the contract has expired. Example: If a waste shipment occurs two days prior to the end date of the contract, the Contractor is still responsible for transporting and disposing of the waste and returning all signed documentation and paperwork for that shipment, even though it occurs after the end of the contract period. Government shall use the monitoring methods cited in the Quality Assurance Surveillance Plan (QASP) pursuant to the requirements listed in this Performance Work Statement (PWS) to determine whether the performance standards/service levels/acceptable quality levels (AQLs) have been met. Outcomes for not meeting the minimum requirements listed in this PWS or the QASP are outlined in this PWS and the QASP. 11. Identification, Check-In, Parking, and Smoking Regulations. All Contractor and/or subcontractor staff shall be issued and shall always wear visible identification while on Fargo VAHCS premises. These badges remain the property of the VA Fargo VAHCS. Contractor and/or subcontractor staff shall report to the COR, Fargo VAHCS GEMS Program Manager s office or designee s office when arriving on campus prior to commencement of work. During emergencies Contractor and/or subcontractor staff should check in with Fargo VAHCS Police if the Fargo VAHCS GEMS Program Manager or designee is not available. This information and other training elements shall be reviewed prior to the commencement of on-site services. Smoking is prohibited inside any buildings at the Fargo VAHCS. Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. All contractor and subcontractor vehicles, vehicle contents, and other items, shall be subject to search at the discretion of the VA and/or Fargo VAHCS. Violations of federal, state, local, or municipal laws, rules or regulations; or violations of Veteran Affairs rules, policies, requirements or regulations may result in a citation answerable in a United States (Federal) District Court. 12. Permits The Contractor shall maintain all applicable permits and licenses for services provided and comply with all applicable federal, state, municipal and local laws, rules, and regulations. The Contractor will obtain and maintain any additional permits and licenses that may be required because of changes in regulations. This includes compliance with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), 13. RECORDS MANAGEMENT OBLIGATIONS 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 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 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. A The term Federal record: Includes Fargo VAHCS records.A Does not include personal materials. Applies to records created, received, or maintained by Contractors pursuant to their Fargo VAHCS contract. May include deliverables and documentation associated with deliverables. Requirements 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 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 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 The Fargo VAHCS 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 VAHCS or destroyed except for 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, Contractor must report to Fargo VAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230. 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 the Fargo VAHCS 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). 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 VAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Fargo VAHCS policy.A The Contractor shall not create or maintain any records containing any non-public Fargo VAHCS information that are not specifically tied to or authorized by the contract. 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 The Fargo VAHCS 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 the Fargo VAHCS 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. 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 agency policies, including initial training and any annual or refresher training.A [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor. Flow-down of Requirements to Subcontractors The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.A A Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
36C26319Q0838 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 23
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