ATTACHMENT 1 - Revised PWS 6.15.2022.docx

PERFORMANCE WORK STATEMENT (PWS)

James A. Haley Veterans’ Hospital

Gate Motor/Controller Replacement Service

***Revisions to PWS are in YELLOW***

I. INTRODUCTION:

The James A. Haley Veterans’ Hospital (JAHVH) at 13000 Bruce B Downs Blvd, Tampa Florida has a requirement to Replace/Upgrade Automatic Gate Operators campus wide. The Contractor shall furnish all labor, parts, travel, and equipment to achieve the Replacement/Upgrade of the identified gates covered in this Performance Work Statement (PWS):

LIST OF REQUIRED GATES/EQUIPMENT LOCATED IN JAHVH HOSPITAL

1. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 2:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

2. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 3:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

3. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 4:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Access Control, Video/Call box/Interior office control Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

4. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 5:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

5. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 6:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

6. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 7:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

7. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 8:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

8. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 9:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

9. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 10:

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

10. 13000 Bruce B Downs, Tampa Florida 33612

a. Gate 11: (131st Ave, VA Laydown area)

b. New Equipment: UL 325 Compliant Gate Operator (Viking L-3 or equal) w/controllers (4) Chains/master links Photo eyes Gate edges

c. Service: Contractor shall remove existing operators and replace with like equipment.

The requirements above are hereafter referenced as “Replacement/Upgrade”. The Contractor shall perform to the standards in this contract. This Performance Work Statement (PWS) requires the work to be performed by qualified Contract Professionals, and they will hereafter be referred to as “Contractors.” The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved service personnel for each model the Contractor services at the JAHVH to the Contracting Officer and/or the COR within 7 days after contract award. Contractor shall make revisions to this documentation whenever service personnel are assigned or re-assigned to the JAHVH. The Contracting Officer or COR reserve the right to request authentication of factory training certificates or credentials from the Contractor at any time for any personnel who are servicing JAHVH equipment. All quantities will be verified and the responsibility of the contractor. The contractor will not require access to VA sensitive information, therefore the “Certification and Accreditation” (C&A) requirement in accordance with (IAW) VA Handbook 6500.6 Contract Security does not apply.

Definitions/Acronyms/Abbreviations:

a) Central Utility Plant (CEP) - Maintains the VA utility infrastructure: Steam distribution piping/Chilled water distribution piping/Utilities/Electrical Substations/Electrical distribution system/Power Generation.

b) Contracting Officer (CO) – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

c) Contracting Officer's Representative (COR) – VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. Responsibilities include certification of invoices, placing orders for service, providing technical guidance, overseeing technical aspects of the contract. All administrative functions remain with the Contracting Officer.

d) Contractor –refers to both the prime Contractor and his/her employees, and any sub-contractor and their employees.

e) FSE – Field service engineer

f) Fixed-price contract- is a type of contract that provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract.

g) JAMES A. HALEY Veterans Hospital - (JAHVH)

h) NICET – National Institute for Certification in Engineering Technology

i) National Fire Protection Association (NFPA) - is a United States trade association, albeit with some international members, that creates and maintains private, copyrighted standards and codes for usage and adoption by local governments.

j) Quality Assurance Surveillance Plan (QASP) – an organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractors continuous performance.

k) Quality Control and Quality Control Plan (QCP) – Those actions taken by the Contractor to control the production of goods or services so they will meet the requirements of the contract.

l) Performance Work Statement (PWS) - is a statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

m) Weekends, Holidays, Evenings and Nights Hours – WHEN

n) Underwriters Laboratories (UL)

References:

a) NFPA 70, National Electric Code

b) NFPA 70B, Chapter 28 Uninterruptible Power Supply (UPS) Systems

c) NFPA 70E, Standard for Electrical Safety in the Workplace

d) NFPA 99, Health Care Facilities Code, Latest Edition

e) NFPA 101, Life Safety Code, Latest Edition

f) NFPA 110, Standard for Emergency and Standby Power Systems, Latest Edition.

g) The Joint Commission Accreditation Manual for Hospitals, Latest Edition.

h) OSHA Standard 29 CFR Part 1910, Subparts: H, J, & Q.

i) OSHA Standard 16 CFR Part 1211

j) OSHA - Safety and Health Regulations for Construction Part 1926 Subpart B, C, D, E

k) Inter-National Electrical Testing Association (NETA) – Maintenance & Testing Specifications

l) Operating/Maintenance manuals and specifications of all components of identified systems. The JAHVH will not provide service manuals or service diagnostic software to the contractor. The Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as: operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract.

II. SCOPE

Contractor shall coordinate the Replacement/Upgrade of gate operators with the COR at the locations listed above. Contractor shall be required to sign in with the COR after contract award, before beginning a service call, warranty service, etc. When the COR is not available and during WHEN hours, the Contractor shall sign in/out at the Central Energy Plant (CEP) bldg. 39 (813-972-7080). Upon completion of Replacement/Upgrade, the Contractor shall leave a copy of the service report with the using service and submit to the same location as designated above a report annotating service, calibration, etc., were performed and whether preventive maintenance was done. Each service report shall include the name of the contractor, name of Field Service Engineer (FSE), date, time (starting and ending), equipment downtime, hours of labor including costs (when warranty service is authorized outside of normal working hours), the parts utilized including costs, the nature of the problem, the nomenclature of the item repaired (serial number & VA inventory number), and the building number where equipment is located. The service designee and the FSE attesting that the equipment is in satisfactory working order and is functioning at an acceptable level of performance shall sign this report. The contractor shall sign out at the designated location before leaving. NOTE: Failure to furnish a service report or obtain a signed copy of the service report could result in delay of payment or non-payment.

Replacement/Upgrade:

a) Contractor shall conduct a site visit at the JAHVH to assess the existing operators to ensure a direct replacement.

b) Contractor shall perform Replacement/Upgrade to ensure that equipment listed in schedule functions in conformance with the latest published editions of NFPA, OSHA. The contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). They then will be provided to the COR at the completion of the replacement/upgrade. Replacement/upgrade procedures will be submitted to the COR for approval prior to the initiation of this service contract.

c) Replacement/Upgrade Services shall include but not be limited to the following:

· Each manufacturer’s specifically recommended checks/install requirements will be performed on their types of equipment.

· Inspecting and replacing where indicated electrical wiring and cables for wear and fraying (automatic gate operators UL 325)

· Measuring, adjusting, and calibrating as necessary for optimal performance (CFR 16 Part 1211)

· Reviewing operating system to ensure the system is working according to manufacturer’s specifications

· Returning the equipment to full and proper operating condition

· Cleaning of equipment

· Providing documentation of service performed

d) The contractor shall furnish/replace all parts, equipment, and materials to meet identified Original Equipment Manufacturer (OEM) specifications. All parts/materials shall be provided as part of this contract at the vendor’s cost. The contractor shall have ready access to all parts. The contract does not cover operating supplies that are consumed during normal operation of the covered equipment. The contractor shall use new parts only. If and when requested, the contractor shall provide the JAHVH with a letter from the manufacturer of the equipment specifying that all parts for the equipment will be sold to the contractor. All parts provided under this contract shall be warranted for a period of one (1) year including all applicable costs, e.g., travel, labor, etc. If published or issued by the equipment manufacturer, field service software/hardware updates/upgrades will be provided at no additional cost (to include parts and labor) during the contract period.

e) Scheduled warranty services will be completed, and results will be documented and provided to the COR. Assemblies will be repaired/replaced as needed upon approval of CO/COR.

f) The Contractor shall notify the COR in writing (report form) any uncorrected deficiencies. Written notification shall include the type of deficiency noted, dated, and initialed. Contractor shall immediately notify the COR of any deficiencies, which are a hazard. It shall be the responsibility of the James A Haley VA to take the necessary actions to initiate any Interim Life Safety Measures (ILSM).

Unscheduled Repairs and Emergency Service:

g) All warranty repairs will be performed during the normal VA business hours (7:00 - 16:30) Monday through Friday, except Federal holidays, unless otherwise specified. Contractor may work outside normal business hours by arrangement with the COR if such services are provided without additional charge to the Government. Any overtime charges must be approved by the CO/COR or designee prior to the initiation of overtime work.

h) A technical maintenance representative shall respond by telephone to the VA within one (1) hour of the original call. The contractor shall arrive on-site for repairs within two (2) business hours from the original service call. The equipment and all sub-systems shall be restored to fully operational status within twenty-four (24) business hours (three days) of the original call. All on site visits will be authorized by the COR only.

A. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this PWS until the CO has conducted a Kickoff meeting or advised the contractor that a kickoff meeting is waived.

B. PERIOD OF PERFORMANCE

This shall be a Firm-Fixed Price contract. Period of performance will be from the date of award through three (3) months.

C. CHANGES TO THE PERFORMANCE WORK STATEMENT (PWS)

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder with all other products of the project. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

D. PERFORMANCE REQUIREMENTS:

1. Contractor shall provide the necessary personnel and equipment to meet or exceed required service. Contractor shall have the following responsibilities:

a) Provide licensed and trained personnel to perform the project/service in the State of Florida.

b) Provide all supervision, labor, and materials to complete all requirements described in this PWS.

c) Contractor shall obtain all necessary licenses and permits required to perform this work required by this PWS, with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour Construction Outreach Training or General Industry Outreach Training.

d) Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract.

e) Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

f) Contractor shall ensure that all areas where equipment is serviced under this contract are left in a clean, neat, and orderly condition.

g) Contractors shall have technical training and evident track records of working experience in Maintenance and Repair of automatic gate openers and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) years.

h) Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with OSHA Standard 29 CFR 1910/1926. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable

i) Contractors shall Arrange and pay for all proper disposal of waste, debris and provide certified disposal receipts.

j) Contractors shall maintain project schedule agreed upon in the purchase order documents.

k) Contractors shall provide all OSHA site safety for each employee during work.

l) Contractors shall ensure employees all have background checks completed.

2. Contractor’s Minimum Requirement

a) The contractor shall provide a dedicated Account Manager to supervise all delivery of services per scope.

b) The contractor shall always be escorted by a VA employee when conducting maintenance at all facilities.

E. DELIVERABLES

The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place, and time that the VA has set aside, and all in accordance with the PWS.

Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

F. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection and monthly monitoring. At the end of each option year, A Contractor Performance Assessment Reporting System (CPARS) will be sent to the contractor. The contractor has the right to either agree or respond. This reporting applies to this contract. https://www.cpars.gov/, https://www.acquisition.gov/.

G. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

PURPOSE: This QASP is a Government developed document used to ensure that the Government receives quality services and pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

SCOPE: The role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government's oversight of the Contractor's quality control efforts to assure timely, effective services are provided IAW the contract order. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract.

ROLES AND RESPONSIBILITIES:

Contracting Officer (CO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COR will report the unacceptable performance to the COR. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

METHOD OF SURVEILLANCE: Simplified methods of surveillance will be used by the Government to evaluate contractor performance. The primary methods of surveillance are periodic assessments of service and customer feedback.

Periodic Assessment of Services — For services that occur over a number of months, the COR will evaluate Contractor performance on a quarterly basis and upon completion of services. Generally, the Government will rely on the Contractor's Quality Control system to ensure that services conform to contract quality requirements before they are tendered to the Government for acceptance.

Customer Feedback — Customer feedback is typically obtained via telephone or email. Telephonic customer complaints must be followed up in writing/email. To be considered valid, the customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the CO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

SURVEILLANCE PROCEDURES:

The COR will evaluate the Contractor's performance quarterly against Performance Standards established in the contract/order. Evaluations will be to the extent practical to assure the contractor provides quality services IAW the requirements of the contract. Evaluations could be evaluation, /validation of contractor supplied performance data, as well as analysis of Customer feedback, for performance trends and to ensure valid customer concerns are resolved timely.

If at any time the COR receives indicators (e.g. Valid customer complaints or notes Performance Standards are not being met) that the Contractor's performance is less than acceptable, the COR will investigate to determine if this is a onetime issue that has been promptly corrected, or if the discrepancy is systemic in nature. If the issue is determined to be an isolated occurrence, the COR will continue with Quarterly Evaluations. If the issue is recurring and systemic in nature, the COR will perform more frequent evaluations.

The COR will notify the Contractor each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR will record the contract requirement, the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

The COR will re-examine services that are found deficient. Failure to complete corrective actions will be reported immediately to the CO for further action. Upon satisfactory completion of the work, the COR will accept the services provided and authorize payment, by approving the Contractor's invoice in Wide Area Workflow.

SURVEILLANCE STANDARD:

The Performance Standard set forth in the PWS and Line items is the standard the Contractor must meet for services to be deemed acceptable. Generally, under commercial services contracts, the Government is relying on the Contractor's assurances that the services conform to contract requirements. Consistent with FAR 52.212-4, Contract Terms and Conditions, (a) Inspection and Acceptance, the Contractor shall only tender for acceptance those services that conform to the requirements of the contract/order. The Government may require re-performance of nonconforming services at no increase in contract price. The Government reserves the right to refuse acceptance of nonconforming services. In no case, shall the Government's right to inspect services under the inspection provisions of the contract be prejudiced.

QUALITY ASSURANCE SURVEILLANCE FILE: The COR file should contain:

a) Copy of the COR appointment letter from the CO, any changes to that letter and any termination letters

b) Training Certifications for COR

c) Copy of the contract and all contract modifications

d) Copy of the applicable Quality Assurance Surveillance Plan (QASP)

e) Copy of the contractor's Quality Control Plan (QCP)

f) All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract

g) Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor

h) Surveillance schedules

i) Surveillance Checklists

j) Records of all inspections performed and the results

k) Customer Feedback

l) Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance

m) Documentation pertaining to acceptance of services, reports, or data

RECORDS: All records will be retained for 5 years. The COR will forward these records to the CO upon completion of the contract/order.

CHANGES: The QASP is a living document and, as such, may be changed as needed. However, the CO must approve changes. The COR will submit recommended changes to the CO for approval.

PERIOD OF PERFORMANCE

Contractor shall follow the schedule of specific dates for the gate operator replacement/upgrade in the above-mentioned buildings. Schedule must be submitted seven (7) calendar days after contract award notification and prior to performing contract work.

For scheduling purposes, the performance of inspection will be required in each campus listed below. The operational testing will include 100% testing of all equipment which will be listed on the report. Any inspections that are performed out of stated cycle shall conform to the existing cycle stated below at no cost to the government.

H. PERFORMANCE HOURS

Normal workdays are Monday through Friday, First Shift: 7:00am to 3:30pm /Second Shift: 3:00pm to 11:30pm to include weekends and Federal Holidays. Contractor shall perform all work during first & second shifts to include weekends when possible, but shall perform any work that will affect patient care systems during times that will be the least disruptive (WHEN hours) when required by the COR. Contractor shall remove all parts and debris daily from the JAHVH Campuses work site, and contractor is responsible for a complete daily clean-up and debris removals until inspections are completed. Contractor shall submit a daily report of progress on the project to the COR or authorized personnel.

1. Government normal duty hours are from 0700-1630, Monday through Friday, excluding Federal holidays. There are ten Federal Holidays as follows:

2. If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government agencies. Also, included would be any day specifically declared by the President of the United States of America as a National Holiday.

3. All work that is to be completed during WHEN hours will be done at no extra cost to the government.

NARA Records Management Language For Contracts

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

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

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

4. James A Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics 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.

10. The James A. Haley Veterans’ Hospital and Clinics 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 James A Haley Veterans’ Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.