AMENDMENT 0001_RFQ 36C24823Q0711_ 03_24_2023.pdf

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J046--FY23: Hemodialysis Water System Maintenance (BIOMED) AMENDMENT 0002
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36C24823Q0711
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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

03/24/2023

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)

1 1

0001 TBD NONE

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637 Kim Tucker kim.tucker1@va.gov

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Tampa FL 33637

To all Offerors/Bidders 36C24823Q0711

03-22-2023 X

X

TO BE PROVIDED

1. Statement of Work (SOW), dated 03/07/23, Delete Para 4.5.9 (DI Tank Exchange).

2. Statement of Work (SOW), dated 03/07/23, Delete Para 4.5.11, (Carbon Re-bed))

3. Statement of Work (SOW), dated 03/07/23, Change the date of the SOW to 03/24/23.

4. Statement of Work (SOW), dated 03/07/23, replace with attached SOW, dated 3/24/23.

Kim C. Tucker Contracting Officer

RFQ 36C24823Q0711

AMENDMENT 001, DATED 03/24/2023

ATTACHMENT 1

STATEMENT OF WORK (SOW

DIALYSIS WATER TREATMENT PREVENTATIVE MAINTENANCE SERVICE

03/24/2023

TABLE OF CONTENTS

1.0 GENERAL

1.1 Background

1.2 Scope of Work

1.3 Period of Performance

1.4 Place of Performance

2.0 DEFINITIONS/ACRONYMS/ABBREVIATIONS

3.0 REFERENCES

4.0 SPECIFIC REQUIREMENTS/TASKS

Table 1: List of Equipment in the Water Treatment Room Table 2: Frequency of Service

5.0 DELIVERABLES - SALT

6.0 SPECIAL INSTRUCTIONS

6.1 Schedule

6.2 Documentation

6.3 Government Responsibilities

6.4 Performance/Working Hours

6.5 Holidays

6.6 Kick-off Meeting

7.0 QUALIFICATIONS

8.0 TRAINING

9.0 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

ATTACHMENTS:

1. RECORDS MANAGEMENT CONTRACT LANGUAGE

STATEMENT OF WORK

1.0 GENERAL

1.1 Background: The Department of Veterans Affairs (VA), Veterans Health Administration (VHA) requires Reverse Osmosis (RO) Systems for VA Dialysis Centers throughout the United States, including Alaska, Hawaii and Puerto Rico. The requirement includes the Reverse Osmosis System, installation, all maintenance services (including corrective and preventive maintenance), and temporary (portable) RO Systems. The RO System is one of the most important systems used during dialysis treatment for Veterans with End State Renal Disease (ESRD). A RO System purifies the water used during dialysis by dissolving inorganic solids and removing bacteria and other infectious agents from treated city water.

This critical water purification system ensures safe and effective dialysis treatment for Veterans

1.2 Scope of Work: The contractor shall provide all management, tools, supplies, equipment, labor, chemicals, laboratory services, maintenance of the Dialysis Water Treatment room to provide quality water intended for the use in the delivery of Hemodialysis for the James A.

Haley Veterans’ Hospital (JAHVH), Tampa FL. Work shall comply with AAMI (Association for the Advancement of Medical Instrumentation) “Water Treatment Equipment for Hemodialysis Applications Standards” and “The Joint Commission” requirements.

1.3 Period of Performance: The period of performance for this contract shall be for a base period of one year followed by four – one year option periods

1.4 Place of Performance: The Contractor’s primary place of work performance will be at the James A. Haley Veterans’ Hospital at 13000 Bruce B Downs Blvd, Tampa, FL 33612.

2.0 DEFINITIONS/ACRONYMS/ABBREVIATIONS:

a) CFR – Code of Federal Regulation

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) E.O. – Executive Order

f) FSE – Field service engineer

g) 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.

h) FAR, Federal Acquisition Regulation

i) NICET – National Institute for Certification in Engineering Technology

j) 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.

k) Out-Patient Clinic (OPC) - the part of our VA hospital system designed for the treatment of veteran’s outpatients with health problems who visit the VA for diagnosis or treatment out in their local community.

l) Preventative Maintenance (PM)

m) Performance of Work Statement (PWS) - is a performance of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes https://en.wikipedia.org/wiki/United_States

n) 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.

o) 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.

p) Solar Reflectance Index (SRI) -- The measure of constructed surface's ability to reflect solar heat, as shown by a small temperature rise

q) VAAR, Veteran Affairs Acquisition Regulation

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

3.0 REFERENCES

a) E.O., 12902, 13514, 13693, 13834, 13990

b) FAR 23 & 36, Sustainable Acquisitions

c) FAR 52.211-6, Brand Name or Equal

d) VAAR 823, Sustainable Acquisition Policy

e) NFPA 10, Portable Fire Extinguisher

f) NFPA 30, Flammable Combustible liquids

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

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

i) NFPA 101, Life Safety Code, Latest Edition

j) NFPA 203, Guide on Roof Coverings and Roof Deck Constructions

k) VA Architectural Design Manual, Chapter 1.6 Sustainable Design

l) Design ASHRE, American Society of Heating, Refrigerating and Air-Conditioning Engineers

Manual

m) ICC, International Building Code, Latest Edition

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

o) OSHA Standard 29 CFR Part 1910, Subparts: D, H, I, J, K, L, P & Z.

p) OSHA - Safety and Health Regulations for Construction Part 1926 Subpart E

q) International Electrical Testing Association (NETA) – Maintenance & Testing Specifications

4.0 SPECIFIC REQUIREMENTS/TASKS

4.1 The contractor shall provide James A Haley with services, supplies and maintenance of the dialysis water system to included delivery and installation of salt.

4.2 The contractor shall perform preventative maintenance, disinfection, calibration and service to ensure that equipment listed below functions in conformance with the latest published editions of AAMI and OSHA. The contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the COR at the completion of the PM. Preventive maintenance procedures shall be submitted to COR for approval prior to initiation of this service contract.

Reviewing operating system diagnostics to ensure that the system is operating to the manufacturer's specifications; Calibrating and lubricating the equipment; Performing remedial maintenance of non-emergent nature; Testing and replacing faulty or worn parts and/or parts which are likely to become faulty, fail, or become worn; Inspecting all cables and bushings and replacement as necessary; Measuring, adjusting, aligning, and calibrating as necessary for optimal performance; Inspecting and replacing where indicated electrical wiring and cables for wear and fraying; Inspecting and replacing where indicated all mechanical components including but not limited to devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, and keyboards for mechanical integrity, safety, and performance; Returning the equipment to full and proper operating condition; Providing documentation of service performed. Parts and assemblies will be repaired or replaced as necessary. An electrical safety inspection will be done at the time of the preventive maintenance and results will be documented.

4.3 Contractor shall provide services and supplies to maintain the dialysis water treatment room’s equipment (See Table 1). In addition to the below equipment there are various pressure gauges, sample ports, automatic/mechanical valves, pressure regulators and backwash timers and apparatuses located in the water treatment room that shall be included as part of the equipment to be maintained.

Table 2: List of Equipment in the Water Treatment Room

Equipment Manufacturer Serial Number Remote Alarm RA 6 MLE80ba2166C Booster Pump Grundfos Multi Media Filter Mar Cor Purification Inc. 3024917 Water Softener brine tank and components

Mar Cor Purification Inc. 3024918

Carbon Tank Worker Mar Cor Purification Inc. 3024919 Carbon Tank Polisher Mar Cor Purification Inc. 3024953 RO System Mar Cor Purification Inc. 23G Storage Tank Mar Cor Purification Inc. 3024923 DI Diverter System Mar Cor Purification Inc.

UV Meter Aqua Azul Corp UV Light Aqua Azul Corp IJ-15-11-777-BF-1-C Water Pump (2 Each) redistribution pump

Grundfos C4JZ20126P11032

Pump/UV Control Box

4.4 The contract shall include one (1) comprehensive scheduled maintenance inspection (preventive maintenance) to be performed at a mutually agreeable time scheduled through the COR

Table 2: Frequency of Service

4.5 Contractor shall perform at a minimum the below listed scheduled maintenance, deliverables, and corrective actions.

4.5.1 Sanitizing of storage tank and distribution loop piping with disinfectant that meets manufacturer recommendation and AAMI standards and verifying with correct test strips that all chemical is clear from the system to be performed monthly or as needed.

4.5.2 Provision and exchange of pre-RO filter cartridges. Filters to be exchanged monthly.

Supply to be provided every 6 months or as needed.

4.5.3 Provision and exchange of all other filters to be performed annually or as needed.

4.5.4 Cleaning of the RO membranes with Low and High pH cleaners and verifying with correct test strips that all chemical is clear from the system to be performed quarterly or as needed.

4.5.5 Collection of product water from the RO and shipment to the appropriate lab for AAMI analysis to be performed semi-annually or as needed.

4.5.6 Inspection and replacement of UV Lamp, UV Quartz Sleeve, and UV O-rings annually or as needed.

4.5.7 Inspect and tighten all electrical screws in the control box and high voltage wires to starter motor as necessary.

4.5.8 Inspect ECM-100 controller/monitor for accuracy and recalibrate as necessary.

4.5.9 DELETED

4.5.10 Cleaning of the temperature blending valve screen and salt tank to be performed annually or as needed.

4.5.11 DELETED

4.5.12 Calibration of booster pump pressures and expansion tank air pressure to be performed annually or as needed.

4.5.13 Perform and provide parts for annual preventive maintenance on RO system per

Qty Description CLINS Part # Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov

1 System Performance Review Included SI0002 Monthly 1 1 1 1 1 1 1 1 1 1 1 1

25 40lb bag of Salt 1025 Q 3021652 Monthly 25 25 25 25 25 25 25 25 25 25 25 25

1 Clean Membranes 1005 L 4000-0062 Quarterly 1 1 1 1

1 Disinfect Membranes Included 4000-0064 Quarterly 1 1 1 1

1 Disinfect Loop/Storage Tank 1005 O 4000-0065 Monthly 1 1 1 1 1 1 1 1 1 1 1 1

1 Inspect & Replace RO Pre-Filter 1005 C SI5000 Monthly 1 1 1 1 1 1 1 1 1 1 1 1

1 Filter, 5M, 20" Included ME42108 Monthly 1 1 1 1 1 1 1 1 1 1 1 1

3 Inspect & Replace Pyrogen 1005 D SI5120 Annually 3

3 Filter, .05M, 20" Included 279-20-005 Annually 3

1 Inspect & Replace Vent Filters 1005 S SI5110 Annually 1

1 Filter, .2M, 10" Included 276-26-513 Annually 1

1 Inspect & Replace UV Lamp and Quartz Sleeve 1025 Q 4000-0077 Annually 1

1 UV Lamp 1025 Q ME40450A Annually 1

1 UV Quartz sleeve 1025 Q 1239692 Annually 1

2 UV Orings 1025 Q 165-64-726 Annually 2

1 AAMI Water Test City Water (Cust to Pull) 1011 B AAMI TEST Semi-Annually 1 1

1 AAMI Test RO Product (Cust to Pull) 1011 C AAMI TEST Semi-Annually 1 1

Service Frequency manufacture guidelines.

4.6 The contractor shall guarantee all resin used in tanks must be from a 510K medically approved plant. Proof of 510K certification must be provided. System is to be sanitized as needed following any work performed. The contractor shall present any equipment or materials replaced to the VA COR for inspection and/or evaluation prior to its removal or disposal.

4.7 The Contractor will provide all replacement parts required for restore the Dialysis water system to fully operational condition and within the manufacturer's specifications. All parts must meet or exceed manufacturer’s factory specifications to maintain compatibility with systems presently in place and with future performance/reliability upgrades. Parts removed (replaced) by the Contractor become property of the Contractor. In the event of a system failure of RO System: Contractor shall install carbon if applicable, and DI Tanks setup capable of supplying adequate amount of water to continue treatment and provide a minimum of one megohm-cm or greater specific resistivity at 25 °C within four hours of notification of RO failure.

4.8 The VA shall not provide service manuals or service diagnostic software to the Contractor.

The Contractor shall obtain, have on file, and make available to its FSE(s), all operational and technical documentation (e.g., operational and service manuals, schematics, and parts lists) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request. Any charges for parts, manuals, tools, or software required to successfully complete any service required are included within this contract and it’s agreed upon price unless specifically stated in writing otherwise.

5.0 DELIVERABLES – SALT: Contractor shall supply bagged salt for the water softener located in the Water Treatment Room 2B 241 (Hemodialysis). Salt shall be delivered directly to brine tanks utilizing the contractor’s own labor personnel and equipment. Contractor shall fill brine tank with sufficient quantity of salt to minimize the number of trips and visually check softeners and brine tanks for correct operation and perform hardness test on softeners product water to ensure hardness levels are acceptable. The contractor shall clean any residue or spillage as a result of the work performed.

6.0 SPECIAL INSTRUCTIONS:

6.1 Schedule: All routine work shall be scheduled through the Dialysis Equipment Technicians or Dialysis Supervisor. The contractor shall check in with the VA Police Dispatch office after hours, upon arrival at the facility to obtain proper identification and access prior to initiating work. The contractor shall contact the Biomedical Department or Dialysis Supervisor at 813- 972-2000 ext. 2993 or ext. 6870 to notify them they are on-station, and also prior to leaving the station, the contractor shall contact them to provide a written copy of services and/or products supplied and report observations on the equipment and product quality. In order to be easily recognizable, all contractor personnel shall wear distinctive identification, such as, nametag, badge, uniform, patch, etc. On approved overtime, contractor shall report to Hospital Police, E.R. Lobby.

6.2 Documentation: At the conclusion of each repair or scheduled maintenance visit, the contractor shall provide a written service report indicating the date of service, the Bar Code Number (EE#), the model, serial number, and location of the equipment serviced, the name of the service representative, the hours worked (arrival and departure), the services performed, and parts replaced. The reports will be delivered to Biomedical Engineering for signature when work is complete. During non-standard hours, report will be taken to Hospital Police, Dialysis Equipment Technicians, or Dialysis Supervisor for signature. Additionally, service personnel shall log all arrivals and departure in a service log provided by James A Haley.

6.3 Government Responsibilities: The government will make the equipment available in accordance with the established schedule for the work.

6.4 Performance/Working Hours: The Contractor shall perform all repairs during normal VA business hours, 6:00 AM - 5:00 PM, Monday to Friday, except Federal Holidays, unless otherwise specified. Contractor may work outside normal business hours by arrangement with Contracting Officer’s Representative (COR) and the Contracting Officer (CO) if such services are provided without additional charge to the Government. All work that is to be completed during WHEN hours will be done at no extra cost to the Government. 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 service to the COR or authorized personnel.

6.5 Holidays: There are eleven Federal Holidays as follows:

New Year’s Day January 1 Martin Luther King Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th

Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day Last Thursday in November Christmas Day December 25

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

6.6 Kick-off Meeting: The contractor shall commence work only when the Contracting Officer (CO) has conducted a “kick-off” meeting or has elected to waive the meeting. This meeting is very beneficial to the success of the project. Various aspects of work details can be discussed so there is a consistent understanding among all parties. Roles and responsibilities of the Contracting Officer’s Representative (COR) are issued by the CO at the meeting. The nature of some small projects may not require a “kick-off” meeting with the CO. This will be determined on a case-by-case basis by the CO.

7.0 QUALIFICATIONS: Each respondent must have an established business, with an office and full-time staff to include a "fully qualified" field service engineer (FSE) and a "fully qualified" FSE who will serve as backup. "Fully qualified" is based upon training and on experience in the field.

For training, the FSE(s) has successfully completed a formalized training program of the equipment identified. For field experience, the FSE(s) has a minimum of two years’ experience with respect to scheduled and unscheduled preventive and remedial maintenance of Dialysis water systems. The FSE(s) shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "fully qualified" competent FSE(s). The Contractor shall provide written assurance to the competency of their personnel and a list of credentials of approved FSE(s) for each make and model the Contractor services at the VA. The Contracting Officer (CO) may authenticate the training requirements, request training certificates, or credentials from the Contractor at any time for any personnel who are servicing or installing any VA equipment. The CO and/or Contracting Officer's Representative (COR) specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VA equipment. If subcontractors are used, the CO must approve them in advance. The Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

8.0 TRAINING:

8.1 The contractor shall provide yearly training to COR and assigned designees with the equipment function, routine maintenance and water testing.

8.2 The Certification and Accreditation (C&A) requirements do not apply. A Security Accreditation Package is not required for this SOW.

9.0 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.

https://www.va.gov/covid19screen/ https://www.va.gov/covid19screen/

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.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

ATTACHMENT 1

RECORDS MANAGEMENT CONTRACT LANGUAGE

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

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

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

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract.

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

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