36C24826Q0188.docx

James A. Haley VA Hospital Replace Fire Barrier Doors Buildings 32 and 38 673-26-112

GENERAL INFORMATION

13000 BRUCE B. DOWNS BLVD

TAMPA FL

CONTACT INFORMATION

Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Tampa FL 33637

POINT OF CONTACT*

CONTRACTING SPECIALIST

DAVID HERNANDEZ

DAVID.HERNANDEZ1@VA.GOV

813-893-3904

ADDITIONAL INFORMATION

DESCRIPTION

THIS IS A PRESOLICITATION NOTICE OF A SET-ASIDE FOR SDVOSB DB REPLACE FIRE BARRIER DOORS BUILDINGS 32 AND 38 this procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

100 % SET ASIDE FOR SERVICE DISABLE VETERANS OWNED SMALL BUSINESS(SDVOSB)

CONTRACT TYPE: DESIGN BUILD (DB), FIRM FIXED PRICE.

This is a pre-solicitation notice only. No contract shall be awarded from this pre-solicitation notice. A request for quote will be posted on or about January 20, 2026. Project # 673-26-112 DB REPLACE FIRE BARRIER DOORS BUILDINGS 32 AND 38, at the James A Haley Veterans Affairs Medical Center, located at 13000 Bruce B Downs Blvd, Tampa, FL 33612, RFQ # 36C24826Q0188.

THE DESIGN/BUILD CONTRACTOR SHALL Furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, and specialty services to perform a design-build for the NRM Project # 673-26-112, REPLACING TWO DROP-DOWN FIRE DOORS AT THE CONNECTIONS OF BUILDING 32 AND BUILDING 38 with fire-rated swing double doors at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, demolition, construction, and installation. These doors shall be held open, programmed to close automatically when the adjacent smoke detectors go off. Due to the high-traffic areas of work, some work may need to be completed during WHEN (Weekend, Holiday, Evening, and Night) hours. The DB Team is to include subcontractors performing professional services under this contract and shall perform its services consistent with the professional skill and care ordinarily provided by architects/engineers practicing in the same or similar locality under the same or similar circumstances. This will require licensing and certifications in line with the design and fire certification requirements. The DB Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project description in the SOW.

The NAICS code for this procurement is 236220, Commercial and Institutional Building Construction with a small business size standard of $45M. The magnitude of this project is Between $150,000 and $200,000. The project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses. All businesses desiring to be considered must be registered with SAM.gov prior to contract award, during contract period of performance, and must continue to remain registered through the final invoice payment. Business size and NAICS will be verified at Small Business Search (https://search.certifications.sba.gov/ ). The Contracting Officer for this project will be David Hernandez.

All responsible sources may submit a quote when requested, which shall be considered by the agency.

SDVOSBs are encouraged to respond to communicate interest in competing for this requirement to support requirement set-aside.

To confirm sufficient eligible SDVOSB, please contact Contract Specialists David Hernandez at David.hernandez1@va.gov Presolicitation Notice Presolicitation Notice

Presolicitation Notice

STATEMENT OF WORK

Replace Fire Barrier Doors Buildings 32 and 38 673-26-112

POP IS 270 DAYS.

I. SCOPE OF WORK:

Furnish all necessary professional services, equipment, labor materials, supervision, tools, testing, and specialty services to perform a design-build for the NRM Project # 673-26-112, REPLACING TWO DROP-DOWN FIRE DOORS AT THE CONNECTIONS OF BUILDING 32 AND BUILDING 38 with fire-rated swing double doors. The work includes, but is not limited to site investigation, design and preparation of drawings, phase planning, specifications, demolition, construction, and installation. These doors shall be held open, programmed to close automatically when the adjacent smoke detectors go off. Due to the high-traffic areas of work, some work may need to be completed during WHEN (Weekend, Holiday, Evening, and Night) hours. The DB Team is to include subcontractors performing professional services under this contract and shall perform its services consistent with the professional skill and care ordinarily provided by architects/engineers practicing in the same or similar locality under the same or similar circumstances. This will require licensing and certifications in line with the design and fire certification requirements. The DB Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.

The design phases will include 50%, 90%, and 100% review stages. This includes drawings, narrative, and specifications. Specifications must meet Building codes, TIL requirements, and facility standards to include those attached in this contract and other applicable requirements. All non-compliant submissions will be rejected and returned to the DB Team for correction prior to advancing to the next schedule milestone. During review meetings, the D/B Team will be required to take meeting minutes and distribute to the VA for approval and incorporated into the project documentation for record.

If available, the VA will provide requested As-Built drawings (in either AutoCAD, PDF, or JPG form) electronically to the A/E as reference for design purposes. The existing drawings on file at the VA may not be 100% accurate and may not exactly reflect the current conditions of the James A. Haley VA Hospital. It is the responsibility of the A/E to review the existing drawings and field-verify the existing conditions.

A. Project Description:

Provide design and construction services to replace two drop-down doors with fire-rated swing doors as shown in the attached drawing. Opening 1 is at the connection of Buildings 32 and 38 in the main hallway. Opening 2 connects these two buildings near the Radiation Therapy unit waiting area. The demolition for opening 2 shall also include the set of non-rated double doors and frames. The new fire doors shall be placed in the location of the existing non-rated doors. Removal of the drop-down doors will require demolition of the door assembly above ceiling. In addition to the installation of the new doors, drywall work will be required to refinish the areas and ensure the barrier between the two buildings maintains the proper fire rating (both above and below ceiling). There is currently one smoke detector near each opening. A second one on the opposite side of the opening in both locations will be required. The two new smoke detectors must be tied into the Johnson Controls fire alarm system. Additionally, all four smoke detectors must be directly connected to the doors to trigger the closure in case of fire. Flooring work to maintain safe transitions between the two buildings may be required. Contractor is required to perform value engineering if required to stay with project funding limitations.

The DB Team shall evaluate the project areas to determine if utilities or any other objects will need to be relocated or addressed in the design. The DB Team shall include a detailed containment plan for infection control for this design. This plan shall be detailed showing locations and what infection control requirements are to be used for each area. The HPMs for Safety and Infection Control will be provided to the D/B Team for their use. Temporary hard construction barriers, such as STARC panels or similar, will be required for the duration of the construction to isolate patients and staff from dust, debris and construction hazards as determined by the Safety Officer and Infection Control representatives. The D/B Team will also have to indicate these construction barriers on their drawings.

B. Design Tasks:

1. SITE INVESTIGATION: Design Services shall conduct a site survey of the project area to ensure design feasibility and remove/avoid major obstacles. Available as–built drawings and related other project drawings are available to the DB Team, but field verification by the DB Team must be completed to verify existing site conditions and to collect data as required for design development work to successful completion of design and construction documents.

2. DEMOLITION: The project demolition work may include structural, architectural, mechanical, plumbing, and electrical demolition to clear space for the new systems. No equipment shall be left abandoned in place or create dead legs.

3. CIVIL / STRUCTURAL: Work may include architectural modification and structural work. Structural engineering is expected to be completed by a Florida Licensed Structural Engineer for any needed structural reinforcements. The D/B team shall proceed with a structural design that will not impede on pedestrian traffic in patient areas.

4. ARCHITECTURAL: Field verification of elevations and architectural dimensions are crucial to the success of this project, as the existing drawings are best represented.

Patient and Family Centered Care concepts are to be included in the design of this project. These concepts are outlined in the VA technical information library design guide documents. See paragraph I.D.2 for additional information.

5. INTERIOR DESIGN: The VA Interior Designer will perform all interior color and material selections from the D/B Team’s recommended items. The D/B team will coordinate all interior selections with the VA interior design staff.

6. ELECTRICAL: The D/B team must evaluate the electrical systems serving the design scope area to determine if there is enough, and provide modifications and extensions to the existing electrical systems, security system, communications system, fire / safety system, controls, etc. as needed and with available capacity.

7. PLUMBING/PIPING: If necessary, relocation of piping may be needed in certain areas.

8. HEATING, VENTILATION, AND AIR CONDITIONING (HVAC): If necessary, relocation of piping or ductwork may be needed in certain areas.

9. EQUIPMENT: The D/B Team shall coordinate the design work directly with the suppliers / manufacturers of the new equipment to produce a completely designed operational project. All drawings, schematics, and other data available from the equipment suppliers shall be incorporated in the A/E drawings and specifications. The D/B Team is to determine the points of connection between old and new equipment and clearly detail these connections on the drawings.

10. Design the project by using site measurements and verifying site conditions. The D/B Team shall not rely solely on the As–Built drawings.

11. The D/B Team shall provide other documentation (i.e., calculations, reports, recommendations, etc.) that is appropriate to support the design effort and to keep the Government fully informed of all issues or potential problems. Provide computations and sizing calculations for any anticipated new loads, altered loads, and existing loads for electrical, mechanical (HVAC, plumbing, medical gas and steam), sanitary, structural and fire protection designs. For computerized calculations, submit complete and clear documentation of computer programs, interpretation of input / output, and description of program procedures. Provide an investigation and explanation of code requirements incorporated into the design. Furnish a copy of each code quoted or used in the design, when necessary to provide additional understanding of design decisions.

12. The D/B Team shall provide all schedules and tables used on the drawings in MS Excel.

C. Additional Requirements and Information:

1. LIFE SAFETY: Requirement for acquiring and incorporating a Certified Independent Third-Party Safety Professional review of design documents. The D/B Team shall design the necessary Life Safety and Interim Life Safety provisions for impacted areas, both temporary and permanent measures. The D/B Team shall provide and coordinate the review of the Life Safety Provisions of the project design with a third party, independent licensed Fire Protection Engineer. The following areas will be reviewed by the third party:

a. NFPA Code Compliance

b. Environmental / EPA Impacts, Permits, etc.

c. OSHA Compliance (i.e., Excavation, Demolition, etc.)

d. Security Property / Infrastructure Management, Homeland Security, etc.

e. Emergency preparedness

f. Disability Accessibility Compliance

g. National and Local Codes. The D/B Team shall deliver a letter certifying compliance with all Life Safety Codes and Requirements applicable to this project from the third party.

In addition, it is required that the D/B Team update all Life Safety Drawings associated with the designed space and affected by the project.

2. NOTES: NFPA 101 primarily addresses life safety and fire protection features while the IBC addresses a wide range of considerations, including, but not limited to, structural strength, stability, sanitation, adequate light and ventilation, and energy conservation. VA buildings must meet the requirements of NFPA 101, and documents referenced by NFPA 101 in order to comply with the accreditation requirements of the joint Commission. Therefore, designs shall comply with the requirements of the latest edition of NFPA 101, and documents referenced therein. Design features not addressed by NFPA 101 or documents referenced therein shall comply with the requirements of the latest edition of the IBC or as otherwise addressed above in this Program Guide. For design features that are addressed by both the IBC as well as NFPA 101 or a document referenced by NFPA 101, the requirements of NFPA 101 or the document referenced by NFPA 101 shall be used exclusively. This applies even if the IBC requirements are different.

3. Conflicts between Nationally Recognized Codes and Standards and VA Requirements: Should a conflict exist between VA requirements and VA adopted nationally recognized codes and standards, the conflict shall be brought to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for the VA to ensure a consistency system wide.

4. DRAWINGS: The A/E shall provide electronic copies of drawings at each review step generated in the latest version of AutoCAD and REVIT or their companion products (digitally signed DWGs) and PDF format in individual sheet files. Include all associated support files (i.e. plot styles, external referenced files, etc.). This facility currently uses AutoCAD 2025. The standard drawing size shall be ARCH E1 (30” x 42”). The format to be used in creating the CAD drawings (i.e. layer / level structure, fonts, font sizing, file naming conventions, etc.) is that of the latest edition of the National CAD Standard (www.nationalcadstandard.org).

a. The D/B Team shall follow these level / layer formats, file – naming conventions, and symbol library.

b. Drawings are to be drawn from the VA’s “As Built” or construction drawings updated by site verification, not scanned reproductions.

c. The final sets of the new construction drawings shall be sealed (embossed & ink stamps) and signed by each respective Professional Engineer in their discipline, Industrial Hygienist, Architect and other necessary licensed professional consultants.

d. At each design submission, two half-size hard copies of the drawings shall be provided to the VA. One full-size and one half-size copy of the as-builts shall be provided to the VA at the end of the project.

5. SPECIFICATIONS: The D/B Team may obtain the list of the complete VA Construction Specifications from the VA Facilities Management Technical Information Library (TIL), which is located at http://www.cfm.va.gov/TIL/spec.asp#02. The Tampa VA has specifications that have been edited for general use at this facility and are the preferred specification to be used. If there are missing specifications sections from the Tampa VA specific specification, then the specifications from the Technical Information Library shall be used. Any specifications that are edited by the contractor shall be submitted to the VA for approval. The edited version of the specification shall be in Microsoft Word in the editing format, and all changes shall be in RED. Contact the project COR to obtain a copy of these specifications. This facility will provide the specification sections needed based on the master list provided in the first review. The A/E shall provide the final edited specifications electronically in Microsoft Word and PDF. The format shall be 1.5 spaced, left justified, 2-sided, laser quality, and courier-new size 10 font. One copy of the specifications shall be in a colored, 3- “D”-ring loose-leaf binder, with identification labels on the binding and cover so the project title and number are readily visible and with tabbed dividers between each specification section. Any files submitted electronically (including but not limited to specifications and drawings) shall not have the following characters in their file name: \ /: *? “ < > | # { } % ~ &.

6. DESIGN SCHEDULES: Design schedules shall be submitted to the VA as an 11x17 Microsoft Projects or P6 file at the beginning of the Notice to Proceed, with each invoice for payment and shall never be more than 4 weeks old. Approximate time frames are presented below. Actual timelines submitted for approval should reflect the project complexity and follow the format presented below:

i. Schematics

ii. Begin Design Development (Notice to Proceed): NTP

iii. First Submission of Design Development (50%): NTP + 28 Days

iv. First Review Meeting and Return First Submission: NTP + 42 Days

v. Second Submission Contract Documents (90%) NTP + 56 Days

vi. Second Review Meeting and Return Second Submission: NTP + 70 Days

xiv. Third Submission (Deliver Final Contract Documents) (100%): NTP + 84 Days

xv. Third Review Meeting and Return Fourth Submission: NTP + 91 Days

xvi. Final design submission: NTP + 98 Days

7. REVIEW MEETINGS: The DB Team, including the designer of record, is required to attend a design review meeting after each submission during the design process and provide meeting minutes to the VA for approval and distribution.

1. Sections of the documents that are not acceptable by the VA according to the design standards and criteria must be updated by the A/E prior to moving on to the next scheduled submission.

D. COMPLIANCE

· The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations.

· The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients.

· The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures.

· All work for the duration of the contract shall be performed by certified trained technicians.

E. CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses, ID badges and or name tags.

F. CONTRACTOR EMPLOYEE IDENTIFICATION

All contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email). The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract. Contractor employees are always required to display this badge when performing services under this contract.

Employees released from service by the contractor must have their badge collected by the contractor. All badges must contain an expiration date and photograph of the employee.

All contractor employees must also be required to wear VA issued badges and must always display these badges while in the performance of this contract and/or as instructed by the COR.

The contractor supervisor must ensure that all contractor employees display their VA issued badges.

The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

G. CONTRACTOR EMPLOYEE CONDUCT

· The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

· Contract employees must be professional in attire and must not wear any offensive clothing.

· Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

· Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

H. CONTRACTOR RESPONSIBILITY

· The contractor shall obtain all necessary licenses and/or permits as required to perform this work.

· He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

· He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida.

· Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

I.UNSCHEDULED REPAIRS AND EMERGENCY SERVICE:

· Contractor shall provide a telephone number for repair services assistance. Contractor shall notify the COR immediately if the telephone number is changed.

· Contractor shall respond to emergency repair calls with their installation/warranty by phone normally within two (2) hours but no more than four (4) hours. Contractor shall provide an on-site response time of no more than four (4) hours or next business day if call is made after 1:00 p.m. and be required to repair the equipment and place it back in service within twenty-four (24) hours after notification by telephone call (unless another specified time is agreed to by the COR placing the service call request). Response time is defined as time contractor is first notified until the time vendor arrives on station. Failure to meet the required on-site response or repair time shall allow the Government an option to contact a third-party vendor to provide services. Costs for services provided by a third party shall be billed against the Contractor.

J. CONTRACT AWARD MEETING:

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

K. PERIOD OF PERFORMANCE:

· The period of performance for this contract is 270 days.

· This shall be a firm-fixed price contract. Warranty period for the installation and repair will be provided as part of the original contract documents for the project.

L. CHANGES TO THE Statement of Work

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

M. Performance Requirements:

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

· Provide licensed and trained personnel to perform the project in the State of Florida.

· Provide all supervision, labor and materials to complete all requirements described in this SOW.

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

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

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

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

· Contractors shall have technical training and evident track records of working experience in HVAC and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five (5) years.

· Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with OSHA Standard 29 CFR 1910, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable

· Arrange and pay for all proper disposal of waste and debris. Waste disposal shall be tracked and reported to the COR monthly. Invoices submitted may not be approved until receipt of this record.

· Maintain project schedule agreed upon in the purchase order documents.

· Provide all OSHA site safety for each employee during work.

· Contractor employees shall have background checks completed.

N. DELIVERABLES

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

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

O. TESTING SPECIFICATIONS

· All testing/inspections will be the responsibility of the contractor shall be in accordance with applicable industry standards and manufacturers’ recommendations, including third-party reviews where required. The initial test schedule shall be submitted to the COR no later than 10 days after award. The inspection schedule shall be submitted to the COR sixty (60) days prior to the start of the next inspection.

P. ROLES AND RESPONSIBILITIES:

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

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

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

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

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

Q. SECURITY CLAUSES:

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

Records Management Language for Contracts

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.

Records Management Language for Contracts | National Archives

MARCH 12, 2010, VA HANDBOOK 6500.6 APPENDIX B VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE.

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics. The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 - INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

(END OF CLAUSE)

III. COMPLETION TIME

A. Project must be completed within 270 days of notice to proceed.

a. Final design submission must be provided to the VA for final acceptance within 98 days of design notice to proceed.

b. Construction phase cannot begin prior to construction notice to proceed given by the contracting officer. Unless exception is given, the construction NTP will not be given until the final design drawings are approved by the VA.

-END-