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5. PROJECT NUMBER (if applicable)
CODE
7. ADMINISTERED BY
2. AMENDMENT/MODIFICATION NUMBER
CODE
6. ISSUED BY
8. NAME AND ADDRESS OF CONTRACTOR
4. REQUISITION/PURCHASE REQ. NUMBER
3. EFFECTIVE DATE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED
PAGE OF PAGES
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED
BPA NO.
1. CONTRACT ID CODE
FACILITY CODE
CODE
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
E. IMPORTANT:
is extended,
(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.
12. ACCOUNTING AND APPROPRIATION DATA
(REV. 11/2016)
is required to sign this document and return ___________ copies to the issuing office.
is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
15C. DATE SIGNED
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER
Contractor
16C. DATE SIGNED
14. DESCRIPTION OF AMENDMENT/MODIFICATION
16B. UNITED STATES OF AMERICA
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER
16A. NAME AND TITLE OF CONTRACTING OFFICER
15B. CONTRACTOR/OFFEROR
STANDARD FORM 30
PREVIOUS EDITION NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)
(If required)
(SEE ITEM 11)
(SEE ITEM 13)
(X)
CHECK
ONE
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
(Signature of person authorized to sign) (Signature of Contracting Officer) 673-21-122 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637 To all Offerors/Bidders
36C24822R0319
X X X
See CONTINUATION Page X The purpose of this amendment is to provide responses to the RFIs, provide a revised SOW and new attachments.
Stacy Figlinski Contracting Officer
CONTINUATION PAGE
Project: 673-21-122, Install Police Evidence Secured Storage RFP Number 36C24822R0319 Amendment 0002
This amendment provides the following information:
Attachments
A revised Statement of Work that changes the following:
1. The period of performance has been changed from 30 days to 120 days.
2. The following requirement has been removed from the SOW: Closed Circuit TV. (OPTIONAL MEASURE) Security Surveillance TV camera with motion detector feature on cameras and at monitor location. The positioning shall monitor the door and hall outside of the room.
Response to all RFIs:
| Question 1. | There's an existing Clarity Overhead Paging speaker in the space. What would they like to | ||||
| do with it? | |||||
| It can be put into the closest 2x2 space outside of the room | |||||
| Question 2. | The camera is listed as "Optional" in the SOW. Will it be required> If so, where do they | ||||
| want to view it from? | |||||
| It has been decided to remove the camera from the scope as it is part of an existing | |||||
| project. | |||||
| Question 3. | Please provide all as-builds. | ||||
| Attached | |||||
| Question 4. | Will the flooring need to be replaced? | ||||
| No | |||||
| Question 5. | Any size requirements for the storage cabinet? | ||||
| Approximately 48x48x12 preferably wall mounted-securely vented out | |||||
| Question 6. | Please confirm that design and construction schedule is only 30 days. | ||||
| We will adjust to 120 days | |||||
| Question 7. | Please advise on how many days the VA will be allowed to review each design phase? If | ||||
| the VA will require the typical 10 to 15 business days then the project duration will need | |||||
| to be extended beyond the current 30 days. | |||||
| We will adjust to 120 days | |||||
| Question 8. | Please provide the latest hazardous material survey (including asbestos, lead and mold) | ||||
| for the work area. | |||||
| There is not one. A NESHAP will need to be performed. | |||||
| Question 9. | Please provide as-built drawings for building 42 (including Architectural, Structural, | ||||
| Mechanical Electrical and Plumbing). | |||||
| Attached | |||||
| Question 10. | Please provide the budget for this project. | ||||
| We do not provide a budget. The RFP included the construction magnitude | |||||
| which is $25,000 to $100,000. | |||||
| Question 11. | Will the door required to open out into the corridor in order to maximize space in the | ||||
| evidence room? | |||||
| Yes | |||||
| Question 12. | Please confirm that the electrical panel will need to be relocated that is currently located | ||||
| in the future evidence room. | |||||
| Yes the electrical panel will be relocated to the adjacent interior wall outside of the space | |||||
| Question 13. | Please confirm that the evidence lockers will not be provided as part of this project. | ||||
| The customer decided to omit any lockers. | |||||
| Question 14. | Please confirm that existing flooring and ceiling can be re-worked. | ||||
| It is acceptable for the existing flooring and ceiling can be reworked. | |||||
| Question 15. | Please provide the design guide/manual that the space is to conform to per the VA TIL. | ||||
| Attached | |||||
| Question 16. | Please confirm that all walls will need to re-enforced with security mesh. | ||||
| The design shall comply with the 2020 PDSM. Partitions and walls must be reinforced, | slab-to-slab, with 9-gauge expanded metal; the expanded metal must be spot welded | every six (6) inches (152 mm) to vertical and horizontal metal supports of 16-gauge or | greater thickness that has been solidly and permanently attached to the true floor and | true ceiling. | |
| Question 17. | Please provide the current PACS system for the facility. | ||||
| Software house version CCure9000 | |||||
| Question 18. | Please provide the work hours for this project. | ||||
| Day or Evening hours are acceptable | |||||
| Question 19. | Please provide the finishes/equipment/furniture that need to be provided for the project. | ||||
| All equipment/furniture is explained in the SOW. Finishes shall match existing. | |||||
| Question 20. | It is noted that access control will be included in the scope. Though, will other full low | ||||
| voltage system(s) design be included in this project (i.e. CCTV, data, structured | |||||
| cabling…etc.)?Also, is the intent that the access control and any other low voltage | |||||
| systems’ new devices be tied into existing systems or will new stand alone | |||||
| systems/servers be required for low voltage devices serving this space? | |||||
| There are active ports available for access control to tie into the existing system. | Everything else will be picked up in another project | ||||
| Question 21. | Will HVAC ceiling devices, electrical power devices and lighting within the space be | ||||
| required to be “tamper resistant”? | |||||
| No | |||||
| Question 22. | Will any storage of flammable and combustible materials be required? If so, will there be | ||||
| the need for a floor drain or nearby eye wash station (can be portable)? | |||||
| No | |||||
| Question 23. | Should the ceiling be considered to be a hard ceiling and not ACT so there is no potential | ||||
| for room/room cross-over (pending that the interior walls do not go to deck above). | |||||
| No | |||||
| Question 24. | Please confirm that camera system is requirement and not optional. | ||||
| It has been decided to remove the camera from the scope as it is part of an existing | project. | ||||
| Question 25. | Will VA consider extending the period of performance of the project due to the world | ||||
| wide pandemic and the shortage of materials along with extended lead times on materials | |||||
| such security equipment and security screen mesh. | |||||
| The RFP at Page 10, Factor IV – Schedule, Paragraph (6), requests that you | |||||
| provide information on any long lead items in your technical proposal. The period of | |||||
| performance has been changed to 120 days. If you believe any materials will cause the | |||||
| period of performance to extend beyond the 120 days please put that in your proposal | |||||
| and be specific as to which material will be delayed. | |||||
| Question 26. | Please confirm that the existing electrical can be turned into a junction box for the | ||||
| relocation of the panel. | |||||
| The Panel can be turned into a JBox if a custom cover is provided with no door and | properly identified of its contents. I have pics of the 3 sides of the space: east, west and north. |
| Question 27. | Can you please confirm if there is an open reader |
| port and lock port on the existing access control panel in the area of this work to be | |
| completed? Or, should the contractor plan to add an expansion access control panel and | |
| power supply for the new card reader door? | |
| It has been confirmed with Electronics shop that there is an open reader and lock port | |
| Question 28. | Can you please confirm if the new video camera |
| should be connected to the existing Bosch video system, the existing American Dynamics | |
| video system in the Pharmacy, or the new Hospital wide video surveillance system being | |
| installed currently? | |
| It has been decided to remove the camera from the scope as it is part of an existing project. |
Statement of Work
Install Police Evidence Secured Storage - Bldg. 42 Project Number: 673-21-122 James A Haley VA Hospital Tampa, Fl.
1. GENERAL: This is a project to provide the Police Service with an evidence secured storage area within Building 42
0. Description of Services Provided: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform 673-21-122 (Install Police Evidence Secured Storage) as stated in this Statement of Work and specifications. The contractor shall perform as to meet or exceed JAHVA Standards and TIL Specifications in this contract.
0. Execution: This Statement of Work (SOW) describes the design build project located in the Police Administration Offices on the ground floor of building 42 located on 131st St. The completed project will provide a complete and functioning secured storage area as reflected in the solicitation.
The contractor shall include in the design:
· Ensure exterior walls are of brick and masonry construction. Exterior walls which are composed of wood frame and siding require an interior backing of steel security screen mesh or sheet partition. Perimeter walls shall be full height, floor to underside of slab above. Interstitial access is not allowed. This room allows for interstitial access and needs to be fitted with a cage that prohibits up and over access.
· All vents, ducts, and similar openings in excess of 96 square inches (620 cm2) that enter or pass-through space shall be protected with either bars or grills. If one dimension of the duct measures less than six inches (150 mm) or duct is less than 96 square inches (620 cm2), bars are not required; however, all ducts must be treated to provide sufficient sound attenuation. If bars are used, they must be 1/2 inch (12.7 mm) diameter steel welded vertically and horizontally six (6) inches (150 mm) on center; if grills are used, they must be of 9-gauge expanded steel.
· Door Construction: Doors are of 45 mm (1-3/4 in.) solid core hardwood or hollow steel construction. Dutch or half doors are unacceptable. Removable hinge pins on door exteriors must be retained with set pins or spot welded, preventing their removal. Hinge pins will be on the outside if the door opens outward.
The locking requirements (including access- controlled egress doors) outlined in National Fire Protection Association (NFPA) Life Safety Code standard, latest edition, 101-7.2.1.5 and 7.2.1.6 must be followed
· Mechanical locking systems: Where mechanical lock systems are used, installed lock sets must allow for single motion egress. The installation of high security exit devices meeting NFPA Life Safety Code standards is appropriate.
· Fire code: prohibits locks from being locked from the inside that require a key to exit, the intent is that there must be two locks, one of which must be key operated. The other lock can be key, combination or electronic. (NFPA 101, 7.2.1.5.2) locks, if provided, shall not require the use of a key, a tool or special knowledge or effort for the operations from the egress side.
· Steel doors will not be set into wooden frames.
· Doors set in steel frames must be fitted with a mortise lock with a deadlock feature. IAW ANSI/BHMA A156.13 American National Standards for Mortise Locks.
· The day lock on the main door must be automatically locking, with a minimum 19 mm (3/4 in.) dead bolt and inside thumb latch.
· Electronic/Magnetic locking systems: Where installed, electronic locking systems will include an automatic “request to exit” sensor and a “push to exit” manual lock release switch. Refer to the NFPA Life Safety Code for details.
· Install a Electronic Physical Access Control Systems (PACS) point for monitoring and controlling access to areas identified as requiring high or medium levels of assurance). This room needs to have a PACS system installed that feeds into the current C-Cure system.
· Move Electrical panel out of space. Install a junction box in the ceiling and intercept electrical feeder and feeds. Re-install panel to interior adjacent wall. It is also acceptable to make the panel a junction box if a custom cover can be made with a finish look and identifying nomenclature.
· Provide a small fireproof cabinet into that room that is vented
· Motion Intrusion Detector. An intrusion detection alarm system which detects entry into the room, and which broadcasts a local alarm of sufficient volume to cause an illegal entrant to abandon a burglary attempt. Intrusion detector equipment which operates on the principle of narrow beam interception, door contacts, microwave, or photoelectric eyes are unacceptable as the primary means of detection. Intrusion detectors must have the following essential features.
(1) An internal, automatic charging DC standby power supply and a primary AC power operations.
(2) A remote, key operated activation/deactivation switch installed outside the room and adjacent to the room entrance door frame and/or a central alarm ON-OFF control in the Police office or other monitoring location. For personal safety reasons, alarm switches and panels will be located outside of the protected space.
(3) An automatic reset capability following intrusion detection.
(4) A local alarm level of 80 dB (min) to 90 dB (max) within the configuration of the protected area.
(5) An integral capability for the attachment of wiring for remote alarm and intrusion indicator equipment (visual or audio).
(6) A low nuisance alarm rate as defined in VA Master Specifications, Division 28 - Electronic Safety and Security “28 16 11 INTRUSION DETECTION SYSTEM.”
(7) Installation Notes In addition to the locally sounding alarm, remote visual and/or audio annunciators must alarm to Dispatch which ensures 24 hour monitoring. These annunciators will have the capability of identifying the protected zone.
consideration will be given to intrusion detection equipment that integrates with CCTV and physical access control systems.
1. OBJECTIVE: The objective of this solicitation is to provide and Install Police Evidence Secured Storage with in the building 42 Police Administration Area that conforms to the JAHVA specifications and requirements in the TIL. The Contractor shall coordinate any professional disciplines and construction trades to fulfill the requirements of this contract. All project design, Construction Documents and construction shall comply with this SOW, VA specifications and VA requirements. Information contained and cited in this SOW establish minimum standards for design and construction quality. The Contractor shall comply with all VA applicable design and construction criteria using industry standard best practices and materials. No deviations from the criteria shall be permitted without prior written approval from the C.O.R. All questions or problems encountered by the Contractor in following criteria shall be promptly submitted with recommendations to the C.O.R. for review. The SOW documents do not present or solve any building code or life safety problems. The DB team will have full responsibility to design and direct construction and to comply with VA building and life safety codes.
1. COMPLETION TIMES: Within 120 days from Notice to Proceed.
1. PHYSICAL ADDRESS:
James A. Haley Medical Center Building #30 – Acute Recovery Center 13000 Bruce B. Downs Blvd.
Tampa, Fl. 33612
1. Technical Expert/POC:
Paul Guerra Engineering Technician Paul.Guerra@VA.gov Office: (813)972-2000 x5481 Cell: (813) 970-7406
With No Sensitive Data but Requires Training
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE
VA INFORMATION CUSTODIAL LANGUAGE:
a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
SECURITY INCIDENT INVESTIGATION:
a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
LIQUIDATED DAMAGES FOR DATA BREACH:
a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.
b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
SECURITY CONTROLS COMPLIANCE TESTING:
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
TRAINING:
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.
b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.
All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies:
HPM NO. 90-25; JANUARY 2014; HEALTHCARE VENDOR ACCESS AND COMPETENCY
HPM NO. 132-04; DECEMBER 2012; SECURITY MANAGEMENT PROGRAM
HPM NO. 132 05; DECEMBER 2012; HOSPITAL IDENTIFICATION PROGRAM
HPM NO. 11-91; MAY 2013; PHARMACEUTICAL COMPANY REPRESENTATIVES
HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11-91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.
Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.
a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.
Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.
Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.
Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.
Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date and name of individual. Contractor will maintain a daily log of all personnel.
Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.
NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.
Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.
ADD THE FOLLOWING 11 ITEMS TO THE STATEMENT OF WORK (SOW):
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.
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]
D. 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.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
See attached document: Attachments 36C24822R0319 0002.
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