P02 Sources Sought 36C24825Q1062 - Hospital Bed Lease.pdf

DISCLAIMER

This RFI is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI.

Sources Sought 36C24825Q1062

This is a Sources Sought in support of the James A. Haley Veterans’ Hospital (JAHVH) located at 13000 Bruce B. Downs Blvd., Tampa, FL 33612. Information collected during this Sources Sought may be used to identify potential sources of supply and determine the type of small business set-aside best suited for this requirement if a SBA certified Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB) cannot be identified. If a solicitation is issued, the Government will do so in accordance with Federal Acquisition Circular (FAC) 2025-04, effective 06/11/2025. The North American Industry Classification System (NAICS) number is 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing). The NAICS size standard is $40.0M.

This is not a request for quotes. All interested parties shall respond no later than 8/11/2025 at 10:00 AM EST. Submit responses via email to LeTray Womble; letray.womble@va.gov. Telephone responses will not be accepted.

FOB: Destination

Delivery Address:

Department of Veterans’ Affairs James A. Haley Veterans’ Hospital 13000 Bruce B. Downs Blvd.

Tampa, FL 33612

GENERAL: All capable Vendors are welcome to respond to this notice and provide a brief capability statement that addresses the information in this Notice. Your response must address salient characteristics specific to the Cryotherapy Devices salient characteristics identified below in the Statement of Need (DRAFT) and must include the following:

REQUEST COMPANY INFORMATION TO INCLUDE:

a. Company Name:

b. SAM CAGE & Unique Entity ID:

c. Company Address:

d. POC Name:

e. POC Phone:

f. Email:

g. Socioeconomic Status:

h. Company Business Size Status and Representations of Business:

i. Names and types of current federal contracts and/or contract vehicles that can be utilized for the “scope” of the requirements (i.e. GSA, NASA SEWP, etc.):

j. Authorized Lessor Agreement from Original Equipment Manufacturer

NOTE: The Hospital Specialty Beds and associated equipment shall possess the salient characteristics described in the attached DRAFT Statement of Work. See Attachment 1 – Statement of Work (DRAFT).

ATTACHMENT 1

STATEMENT OF WORK - DRAFT

James A. Haley Veterans’ Hospital 13000 Bruce B Downs Blvd.

Tampa, FL 33612

Hospital Beds Lease

1. Introduction:

1.1. Department of Veterans Affairs (VA), James A. Haley Veterans Hospital (JAHVH) located at 13000 Bruce B. Downs Blvd., Tampa, FL 33612 requires lease/rental of hospital beds, surfaces/mattresses, trapeze, and recliners. The Contractor shall provide all required literature to ensure technical evaluation of quality and acceptability. JAHVH is a tertiary care hospital providing services and patient care to the veterans of the Greater Tampa Bay area. The hospital also provides veterans with a full range of inpatient and outpatient care, including medicinal, surgical, psychological, and neurological care.

1.2. JAHVH requires a Hospital Bed Lease contract with Base Year and four (4) one-year option periods for a total of five (5) years. The Period of Performance (PoP) is October 1, 2025 to September 30, 2030.

The Hospital Bed Lease will accommodate inpatient care throughout the JAHVH.

1.3. The VA has a requirement for medical bed systems that provide consistency in bed features throughout all areas of the Community Living Center environment. (Rehab, Extended Care, Palliative Care, Bariatric and Dementia Specialty Units). These elements of care are critical in maintaining the highest possible standards of care. Caregivers can provide consistent protocols when using the same safe patient handling features. The acquisition of bed systems must meet the design and standardization requirements throughout the environment of care.

2. Objective:

2.1. The goals of the Department of Veterans Affairs are not only the reduction of premature morbidity and mortality but the preservation of maximal quality of life and function. Preventive health in advanced age therefore consists of efforts to promote lifestyle behaviors that avoid the onset and minimize the progression of chronic diseases and encourage heightened sensitivity to environmental conditions to minimize the likelihood of incidents that may be particularly hazardous to an older individual.

3. Scope of Work:

3.1. The Contractor shall provide all labor, supervision, supplies, equipment, tools, materials, all supplementary or miscellaneous items, accessories, and devices incidental to or necessary for the successful completion of the requirements as herein defined for routine hospital bed lease/rentals. Beds shall be installed and calibrated as specified with manufacturers’ recommendations.

3.2. The Contractor shall provide rental equipment of specialty medical bed rentals and related supplies on a rental or rent-to-own basis as needed for short-term and/or long-term care and long-term individualized patient care as identified by medical staff.

3.3. The Contractor shall be responsible for supporting a hospital bed management program in the areas of bed rental and mattress management. All provided equipment shall meet all electrical safety requirements for hospital equipment in accordance with the latest edition of the National Fire Protection Association (NFPA)-99 Standard for Healthcare Facilities.

3.4. The Contractor shall provide and maintain valid and current certifications for all Certified Biomedical Equipment Technicians (CBET) issued by an Accredited Institution and proof of current licensure.

4. Equipment Lease/rental:

4.1 Contractor shall provide bed and mattress equipment on a rental basis for terms no longer than 12 months per issuance of the order.

4.2. The equipment shall be delivered on a lease/rental basis, and the Contractor shall maintain responsibility for the equipment.

4.3. Contractor shall be responsible for maintenance and repairs of Contractor-owned equipment during lease/rental. In the event lease equipment becomes inoperable the Contractor shall replace equipment within 24-hours of Government notification.

4.4. The Contractor shall not conduct repairs with patient(s) in room or bed without express permission from a VA medical professional. If repairs are required, the Contractor shall exchange the bed for replacement at no additional charge unless Government negligence is factual and accepted by the Contracting Officer Representative (COR). Replacement equipment shall arrive within 24 hours if Contractor is unable to repair defective equipment.

4.5. The Contractor shall replace any leased equipment damaged during delivery/set-up or retrieval. The Government shall not incur any cost for replacing equipment.

5. Software Update:

5.1. Software updates shall be performed in accordance with the manufacturer’s recommendation. The Government may be responsible for software procurement based on ownership and privacy rights of software.

5.2. The Contractor shall provide support of Original Equipment Manufacturer (OEM) installed software.

6. Product modification, removal or recall:

6.1. The Contractor shall take immediate action to notify the COR of any product, piece of equipment or item supplied and/or serviced under this contract deemed as a safety or medical concern, requires modification, or is removed or recalled by the Contractor or manufacturer. This includes any safety alerts issued regarding an established contract and any required modification, removal or recall that is suggested or mandated by a regulatory or official agency.

6.2. The Contractor shall immediately take the following steps in the event of any product modification, removal or recall:

(a) Notify the COR or Government designee in writing, or in the most expeditious manner possible.

(b) The notice shall be signed, dated and include, but not be limited to, the following:

Complete item description and/or identification, serial numbers, and the contract/purchase order number assigned

Reasons for modifications removal or recall Required instructions for return for credit, replacement, or corrective action Contact person’s name, title, address, and phone number

(c) The Contractor shall maintain a record system, documenting any of the above incidents by the date, time, and description of the action that prompted this action to be taken.

7. Response Time and Reporting Requirements:

7.1. The Contractor shall provide on-site response for an inoperable system within 24 hours from receipt of call by telephone, email, or otherwise from the COR or CO.

7.2. The Contractor shall verify if after-hours labor is approved and if the system is down as part of the telephonic response a notification will be provided within two hours of receiving a request for service.

7.3. The Government reserves the right to schedule the required services at a time that does not interfere with daily operations. The Contractor shall report to each facility’s Logistics or Facility Management Department prior to on-site repairs.

7.4. The Contractor is responsible for providing service and repair reports to the COR within 48 hours after the completion of repairs.

7.5. Defective parts replaced during repair and/or maintenance become the property of the Contractor.

7.6. Discarded materials removed or replaced during maintenance or repair shall be collected by the Contractor and placed in appropriate containers for disposal.

8. Equipment List:

8.1 Equipment shall have the following physical characteristics to meet the Government’s minimum needs. Hospital Beds shall meet the specified dimensions (approximate), materials, function, and quality.

All product submissions shall include the manufacturer’s product brochure, specification information, and warranty data. All dimensions are approximate.

Therapy Surface Hospital Bed

Capacity Minimum: 70 lbs Maximum: 400 lbs

Available Dimensions 84” X 39” x 7” min.

84” X 48” x 7” max.

Surface width (inflated) 35” Surface length (inflated) 84” Surface height (inflated) 10.875” for step deck frames / 8” for flat deck frames.

Air Supply Unit L x W x D 13.75" x 14.5" x 8.5" Weight 21 lbs

Power Requirements 120v AC, 60 Hz

Standard Features Pressure redistribution Low air loss Shear Relief Advanced Microclimate Therapy Head and Seat Cushions Foam Side Bolsters Vertical Air cells in foot section Turn assist Bed Exit Alarm Head of Bed Angle Display and Alert Transport inflation time 2 hours minimum*

Hospital Surgical Bed Frame

Minimum weight 70 lbs Maximum Weight 500 lbs

Standard Features Low height Chair Position 3 mode bed exit alert with auto reset One step tuck away siderails Powered bed length adjustment Electric Vascular Foot Position

Air Fluidized Therapy Hospital Bed

Minimum: 70 lbs Maximum: 350 lbs

Available Dimensions 84.5” X 35.5” X 8” min.

84.5” X 35.5” X 10.875” max Low Position – 21.5” High Position 34.75” Overall length 92.5” Overall width (Siderails on / off) 36”/40” Head elevation range 0° – 60° Frame ground clearance 6.7” Bed Weight 1,225 lbs

Safety listing and Power Requirements Safety Listing UL 2601-1

Power requirements 120 V AC, 60 Hz

Air Fluidized Therapy (lower body portion of bed contains silicone coated microspheres) Pressure redistribution (upper body portion of bed) Removeable siderails Patient comfort settings Head-of-bed elevation Caregiver Pendant controls

Bead temperature control range 82° – 102° Braking System Individual-wheel braking and steer

Air Fluidized Therapy Hospital Bed w/Trapeze

Minimum: 70 lbs Maximum: 350 lbs Available Dimensions

80” X 35.4” X 8” min.

80” X 35.4” X 10” max.

Low Position – 21.5” High Position 34.75” Overall length 92.5” Overall width (Siderails on / off) 36”/40” Head elevation range 0° – 60° Frame ground clearance 6.7” Bed Weight 1,225 lbs

Safety listing and Power Requirements Safety Listing UL 2601-1

Power requirements 120 V AC, 60 Hz

Standard Features Air Fluidized Therapy (lower body portion of bed contains silicone coated microspheres) Pressure redistribution (upper body portion of bed) Removeable siderails Patient comfort settings Head-of-bed elevation Caregiver Pendant controls Patient Helper Trapeze Bead temperature control range 82° – 102°

Braking System Individual-wheel braking and steer

ICU Bariatric Hospital Bed w/Air

Minimum: 200 lbs Maximum: 500 lbs Available Dimensions

Minimum 81”x 44” x 9.5” Maximum Dimensions 93.5” x 44” x 9.5” Low position – sleep deck to the floor 19" High position – sleep deck to the floor 38" Maximum overall width 44.5" Maximum overall length 81.5" - 93.5"

Bed Angles

Head section 0°-65° Knee section 0°-10° Max Trend/Reverse Trend 15°/20° Chair position: Head 50°-65° / Thigh 0-10° / Foot 30°-70° Egress position: Head 65°-75° / Thigh 0-10° /Foot 70°-85°

Sleep Surface

Pressure redistribution foam 72"-84"L x 40"W x 7"H Low air loss 72"-84"L x 40"W x 11"H

Caster & Braking System

Caster diameter 5" Four-wheel braking

‘Brake not set’ alert Brakes lock both rolling and swiveling

Safety Listing & Power Requirements

Safety listing UL60601-1

Standard Features

Full Chair and Chair egress position Powered Transport In-bed scale

Bed exit with nurse call connection Battery backup Head-of-bed alarms (30°/45°) Head and Trend angle indicators Graphical caregiver touch screen Radiolucent sleep deck Powered bed length adjustment 72” – 84” Patient-helper trapeze Foam pressure redistribution surface

ICU Bariatric Hospital Bed w/Air & Pulmonary

Minimum: 70 lbs Maximum: 500 lbs Available Dimensions

81” X 44” X 7” min.

93.5” X 44” X 7” max.

Low position – sleep deck to the floor 19" High position – sleep deck to the floor 38" Maximum overall width 44.5" Maximum overall length 81.5" - 93.5"

Bed Angles

Head section 0°-65° Knee section 0°-10° Max Trend/Reverse Trend 15°/20°

Chair position: Head 50°-65° / Thigh 0-10° / Foot 30°-70° Egress position: Head 65°-75° / Thigh 0-10° /Foot 70°-85°

Sleep Surface

Pressure redistribution foam 72"-84"L x 40"W x 7"H Low air loss 72"-84"L x 40"W x 11"H

Caster & Braking System

Caster diameter 5" Four-wheel braking

‘Brake not set’ alert Brakes lock both rolling and swiveling

Safety Listing & Power Requirements

Safety listing UL60601-1

Full Chair and Chair egress position Powered Transport In-bed scale

Bed exit with nurse call connection Battery backup Head-of-bed alarms (30°/45°) Head and Trend angle indicators Graphical caregiver touch screen Radiolucent sleep deck Powered bed length adjustment 72” – 84” Patient-helper trapeze

Foam pressure redistribution surface Optional low air loss surface with turn assist Optional low air loss surface with Continual Lateral Rotation Therapy (CLRT) Percussion & Vibration (P&V) Transport inflation time 2 hours minimum*

ICU Bed System w/Integrated Pulmonary Surface

Minimum: 70 lbs Maximum: 500 lbs Available Dimensions

93” X 40.5” X 8”max.

81.5” X 40.5” X 8” min.

Standard Features

Continuous Lateral Rotation Therapy Percussion & Vibration

Turn Assist Weight based pressure redistribution Full Chair Position with Foot Egress

Trendelenburg and Reverse Trendelenburg

ICU Bed System w/Integrated Pulmonary Surface w/ Egress)

Minimum: 70 lbs Maximum: 500 lbs Available Dimensions

80” X 40.5” min.

88” X 40.5” max.

Continuous Lateral Rotation Therapy Percussion & Vibration Turn Assist Weight based pressure redistribution Full Chair Position with Foot Egress

Trendelenburg and Reverse Trendelenburg

Hospital Bed Mattress

Minimum: 70 lbs Maximum: 500 lbs

Available Dimensions Mattress Length: 80” Standard Features

Memory Foam Mattress Non-powered pressure ulcer prevention Material molds to patient’s shape and evenly distribute weight

Shear liner and bi-directional stretch ticking Polyurethane coated ticking RF Welded Seams

Hospital Bed Mattress

Minimum: 70 lbs Maximum: 500 lbs

Available Dimensions Mattress Length: 84” Standard Features

Memory Foam Mattress Non-powered pressure ulcer prevention Material molds to patient’s shape and evenly distribute weight

Shear liner and bi-directional stretch ticking Polyurethane coated ticking

RF Welded Seams

Hospital Bed Mattress w/Low Bed

Maximum: 500 lbs Available Dimensions Mattress Length: 80” Standard Features

Memory Foam Mattress Non-powered pressure ulcer prevention Material molds to patient’s shape and evenly distribute weight Shear liner and bi-directional stretch ticking Polyurethane coated ticking RF Welded Seams Low height of 10” Bed exit alarm with communication to nurse call system Obstruction Sensor

Hospital Bed Mattress w/Low Bed)

Maximum: 500 lbs

Available Dimensions Mattress Length: 84” Standard Features

Memory Foam Mattress Non-powered pressure ulcer prevention Material molds to patient’s shape and evenly distribute weight Shear liner and bi-directional stretch ticking Polyurethane coated ticking RF Welded Seams Low height of 10” Bed exit alarm with communication to nurse call system Obstruction Sensor

Bariatric Recliner

Maximum: 600 lbs

Available Dimensions 30" seat width Standard Features

Includes powered functions Removable arm Accessory hooks and bracket Rear push handles

9. Delivery and Return of Equipment:

9.1 Beds, surfaces/mattresses, and other requested rental items will be delivered on an as needed basis for patients.

9.2. The Contractor shall deliver equipment to the facility and specific location(s) as defined in each Delivery/Task Order or Purchase Order.

9.3. When requested, equipment shall be delivered to the patient care unit and room specified at the time of the service call. The Contractor shall contact COR or designee prior to delivery of equipment.

10. Delivery Location:

10.1 All Bed rentals shall be delivered to 13000 Bruce B. Downs Tampa, Florida 33612.

11. Schedule for returns:

11.1. Equipment shall be delivered and/or retrieved 24/7/365 upon request including all federal holidays.

11.2. The equipment identified to be returned will be picked-up within 24 hours of contact unless mutual agreement to hold in the event of unusual circumstances. Additionally, equipment shall be delivered within same day if request is made before 12:00pm EST.

11.3. If the request is made after 12:00pm EST, delivery is expected by 12:00pm EST of the following day. Broken equipment shall be picked up and replaced within 24 hours.

(a) Deliveries (i.e. Contractor arrival at hospital) shall be made within 24 hours of request.

(b) Pick-up shall be made within 24 hours of notification that equipment is no longer needed.

(c) During the hours of 7:00 AM to 8:00 PM the Contractor will report to the patient unit and unload the equipment ordered.

(d) Receipt of ordered equipment should be taken to the appropriate facility location to confirm staff availability.

(e) During the hours of 8:00 PM to 7:00 AM the technician will contact the Clinical Coordinator or the on-call personnel upon arrival at the patient care unit.

(f) Equipment shall be delivered to and retrieved from patient care unit at the facilities without the assistance of any Government employee.

11.4. The Government will not pay additional rental charges for equipment not picked up 24 hours after an equipment return request has been made.

11.5. All beds shall have labels affixed to the frame to identify the weight limit of the bed and displays IEC 60601-2-38 specifications met. All beds must meet Food and Drug Administration (FDA) Entrapment guidelines for all 7 zones.

12. All bed controls:

12.2 Bed shall have separate staff controls and configured as described below:

(a) Staff control shall have illuminated buttons and an upward angle for ease of use.

(b) Hand pendant shall be illuminated for ease of use.

(c) Under bed light required to help reduce patient falls.

(d) AC receptacles shall be located at the end of the bed to plug in accessories and prevent falls.

13. Management Plans:

13.1. Government Approach to Contract Management:

The overall contract shall be managed through the Statement of Work (SOW), Quality Assurance Surveillance Plan (QASP), and Contractor Management Plan (CMP).

13.2. The Contractor Management Plan shall establish the overarching strategy and plan to manage all aspects of the consolidated contract.

13.3. The Contractor may be required to coordinate certain efforts with additional support personnel during the contract performance.

14. Delivery Orders:

14.1. Delivery Orders (DOs) will be issued based on Government needs. Each DO may contain the following aspects and parameters that are specifically tailored to the patient needs.

(a) Product Type.Product Accessories.

(b) Deliverables and Schedule.

(c) Government Furnished Equipment (GFE) and Information (GFI).

(d) Period of Performance.

(e) Place of Performance.

15. Contractor Performance:

15.1. The contract shall be performed in accordance with this SOW and the Government’s QASP.

15.2. Additionally, the contract shall be performed in accordance with the processes and standards in the Contractor’s Management Plan.

15.3. The Contractor shall ensure all bariatric equipment is inspected by Certified Bio-medical personnel prior to being placed in service.

15.4. The Contractor shall ensure that all Beds are FDA compliant and meet the Department of Veterans Affairs Safe Patient Handling requirement.

15.5. The Contractor shall ensure all bed frames greater than 80” in length must have equivalent size surfaces/mattresses.

15.6. The Contractor shall remove trash and all debris from installation and packing materials.

17.7. The Contractor shall provide the users all Operator Manuals and Service maintenance to be provided as needed on rental equipment.

15.8. The Contractor shall provide manufacturer’s cleaning instructions and insure all rental property is cleaned and decontaminated prior to bringing to VAMC.

15.9. The Contractor shall ensure that all equipment is tagged with name of the Contractor for ownership/identification purposes and the date equipment was decontaminated.

15.10. The Contractor shall provide Operator Training to staff on proper use of equipment upon request.

15.11. The Contractor shall have the ability to provide 24/7-365 day year rental for the above specified beds, surfaces/mattress, and other items being requested.

15.12. The Contractor shall be an Original Equipment Manufacture (OEM) or authorized lessor for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

16. Lease Purchase:

16.1. Equipment Purchase: At such time it is expected and/or easily ascertainable that the equipment rental shall equal and/or exceed the value of the equipment and as established the Contractor shall sell the item(s) at market price to the Government for purchase.

17. Contractor Responsibility:

17.1. Insurance.

(a) The Contractor shall procure and maintain all equipment, Worker’s Compensation, and employers Public Liability Insurance in accordance with laws of the State of Florida for the entire contract period.

(b) Before commencing work under this contract, the Contractor shall certify to the Contracting Officer (CO) in writing that the required insurance has been obtained. See FAR 52.228-5.

(c) Contractor shall provide an original signed copy of Insurance Certification with appropriate coverage to the CO no later than ten (10) calendar days after notice of award.

(d) The Contractor will notify the VA immediately of any changes in insurance coverage.

(e) Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default.

18. Contractor Personnel.

18.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW.

18.2. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements

19. Contractor Badges/Parking:

19.1. The Contractor’s employee(s) shall wear visible identification at all times while on the premises of the VA Medical Center. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

19.2. Information on parking is available from the Police and Security Department.

20. Conduct of Personnel:

20.1. The Contractor shall be responsible for the performance and conduct of its employees. Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government as deemed necessary.

20.2. The Contractor shall not employ for performance under this SOW any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

20.3. The Contractor is completely responsible for all actions of their employees.

20.4. All Contractor personnel employed in the performance of this contract shall comply with all VA building regulations, policies, and guidelines while on the premises.

20.5. Contractor personnel shall be free of body odor and wear clean clothing (uniforms as appropriate) while performing duties under this contract.

20.6. The Contractor shall consider the clinical environment and instruct/train their personnel in applicable safety precautions and special requirements.

20.7. These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc.

20.8. Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

21. Safety/Security Requirements.

21.1. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss.

21.2. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

21.3. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

22. Conduct of Personnel.

22.1. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.).

22.2. The CO may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent.

22.3. Contractor employees shall be subject to dismissal from the premises upon determination by the CO that such action is necessary in the interests of the Government.

22.4. The hospital director or designated representative has the authority to bar individuals from the Government facility.

22.5. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

22.6. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

23. Governments Responsibility:

23.1. Contact Contractor when patient needs meet criteria for equipment.

23.2. Provide access to location where equipment is to be delivered, retrieved, repaired, or maintained.

23.3. Notify Contractor promptly of malfunctioning equipment.

23.4. Notify Contractor when pickup of equipment is necessary.

24. Place of Delivery and Performance:

James A. Haley Veterans’ Hospital 13000 Bruce B. Downs Blvd.

Tampa, FL 33612

POC: Carolyn Jeffries Phone: (813) 972-2000 x104766 Email: Carolyn.Jeffries@va.gov *All deliveries shall be coordinated with POC prior to delivery 48-72 hours in advance

25. Record Management:

25.1. When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal Contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

25.2. Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. The National Archives and Records Administration (NARA) has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. Most contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

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. 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 James A. Haley Veterans’ Hospital and Clinics-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[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.

DISCLAIMER