36C25226Q0629 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

09-22-2026

Department of Veterans Affairs 36C252 115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs 36C252 Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 To all Offerors/Bidders

36C25226Q0629

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 09-24-2026 9:00AM CDT See CONTINUATION Page one The purpose of this amendment is to address questions resulting from solicitation 36C25226Q0629. Please see attached documents. This amendment also extends the response date from 9/23/26 by 9:00AM local time to 9/24/26 by 9:00 local time.

Lori Eastmead Contracting Officer

CONTINUATION PAGE

1. Section C.11 (VAAR 852.219-75, Notice of Limitations on Subcontracting) has box (iii) ‘Special trade construction contractors’ checked, which carries a 75% limitation, rather than box (i) ‘Services,’ which carries a 50% limitation. Given this is a preventative maintenance services requirement (PSC J041), can the Contracting Officer confirm whether the 75% limitation in box (iii) governs this award, or whether box (i) Services (50%) should apply and the certificate needs to be corrected by amendment? Box (i) Services should be checked and box (iii) Special trade construction contractors should be unchecked.

2. The Base Year period of performance begins September 25, 2026 — only two calendar days after the September 23, 2026, quote due date. Given the standard 30-45 day timeline typically needed for badging, background checks, and mobilization, does the Government anticipate exercising flexibility on the Base Year start date for the awardee, or is an incumbent already performing similar services who can bridge that gap? The V.A. HVAC dept. is currently maintaining chillers.

3. Is a contractor currently performing preventative maintenance on these 12 chiller systems? If so, will maintenance records, refrigerant leak logs, and the most recent Eddy Current Testing reports for the water-cooled units be made available for review at the site visit or upon request? V.A. HVAC currently servicing equipment and can provide Refrigerant logs and Eddy current test that have been completed.

4. Beyond the 2-year field experience and formalized OEM training program stated in the SOW's ‘Competencies and Qualifications’ section, does the Government require any specific individual certifications (e.g., EPA 608 Universal, OSHA 10 or 30, State of Wisconsin HVAC license, or manufacturer-specific certifications for York, McQuay, or Multi-Stack equipment) for FSTs performing this work? E.P.A. Refrigerant handling certification is required.

6. Section E.3 states the Government will use a comparative evaluation approach under RFO 12.203(c)(2) rather than Lowest Price Technically Acceptable and may select other than the lowest-priced quote for added benefit. Can the Government clarify what would be considered added benefit under Factor 2 (Technical Capability) or Factor 3 (Relevant Experience) beyond meeting the stated minimums? This would be determined by situational circumstances therefore it is not able to be answered at this time.

Section 2 — Equipment & Scope Questions

7. The SOW's operational-maintenance checklist (‘Provide operational maintenance services as defined by each chiller unit's manufacturer recommendations’) describes what must be checked at a visit, but the solicitation does not state how many operational inspections are required per year — the Period of Performance language only states that work ‘shall be completed in accordance with the performance schedule and shall be coordinated with the Government upon contract award,’ without providing that schedule. Based on RJY's experience performing chiller PM contracts at other VA medical centers around the country, operational inspections are typically performed multiple times during the cooling season (summer months) rather than as a single annual visit. RJY requests that the Government clarify the required number of operational inspections per ordering period and provide the performance schedule referenced in the SOW. RJY recommends, and requests the Government confirm or provide an alternative to, a schedule of three (3) operational inspections performed during the summer cooling season plus one (1) annual inspection (4 visits total per ordering period) — this materially affects the quantity/frequency priced into the Annual PM task lines on RJY's Price Schedule. This is just a one-time visit to each chiller listed.

8. How many of the 12 chillers may be taken out of service at one time for annual PM without affecting cooling capacity to any of the buildings served (400–408 and the portable unit)? Is there an N+1 requirement RJY should plan around, particularly for Building 400, which is served by three Multi-Stack water-cooled units? One chiller down at a time.

9. The SOW states Eddy Current Testing should occur ‘every other year,’ but the Price Schedule prices ECT (CLIN 0002/2002/4002) only in the Base Year, Option Year 2, and Option Year 4 — skipping Option Years 1 and 3. Can the Government confirm no ECT is expected in OY1 or OY3, consistent with a strict biennial cadence starting at award? Skipping years 1&3 is expected.

10. The ECT requirement applies to the 4 water-cooled chillers only (CH-09 through CH-12, per Table 2 and CLIN 0002/2002/4002 ‘on all water-cooled chillers’). One SOW bullet specifically names the CONDENSER side (Inspect water cooled condenser gaskets and tubes for damage and perform Eddy Current Test’), while a second SOW bullet reads more broadly (‘Conduct Eddy Current Testing (ECT) on chiller tubes and heat exchangers’) without expressly limiting scope to the condenser. Can the Government confirm whether ECT is required on the condenser bundle only, or on both the condenser AND evaporator bundles, for each of the 4 water-cooled chillers? Eddy current tests were for condensers only and bldgs. 401 and 400 chillers.

11. Table 2 does not state evaporator construction (e.g., shell-and-tube with a removable head, vs. brazed-plate) for any of the 12 chillers, including the 8 air-cooled units. Since the SOW's tube-brushing procedure (‘remove and re-installation of one head only’) describes a shell-and-tube configuration that a brazed-plate evaporator cannot physically accommodate, can the Government confirm the evaporator construction type for each chiller, or direct RJY to the OEM submittal/nameplate data so this can be verified at the site visit? The focus of this is to be the shell and tube condensers which have removable heads bolted to them.

12. For the VFD glycol change required in the Base Year only (CLIN 0003) on the two air-cooled screw-compressor chillers (one serving Bldg. 403, one portable), can the Government provide the OEM-specified glycol type and concentration, and confirm whether this is a full drain-and-refill or a top-off? use of the York specified glycol or equivalent can be used.

13. CH-08 is described as a portable/trailer-mounted York screw-compressor chiller. Is this unit expected to remain in continuous service at Tomah VAMC throughout the full 5-year period of performance, or could it be relocated or replaced during the contract term? Portable chiller may be in use at any time. If it is not, it will be ready and available at time of service. And be able to operate.

14. For the four water-cooled chillers (Basement, serving Bldgs. 400/401), who is responsible for condenser water chemical treatment — VA staff, a separate water treatment vendor, or is it expected to be part of this PM contract? Is there a Legionella or water management plan the awarded contractor must follow when servicing these units? V.A. is responsible for water treatment, and the Legionella management plan is handled within.

15. CH-01 and CH-02 are identical York YLAA0115SE units both serving Building 402. Do these operate as a lead/lag or N+1 pair, and is one intended as backup capacity for the other? These are able to be run independently so one can be shut down for service at a time.

17. Are any of the 12 chillers currently under an active manufacturer warranty that would restrict who may perform maintenance, tube brushing, or ECT without voiding that warranty? No, there are no chillers still under warranty.

Section 3 — Ancillary / Balance-of-Plant Equipment Questions The SOW's stated scope (‘Contractor shall provide all parts, equipment, material, labor, and supervision... necessary to provide factory, OEM certified, preventative maintenance service to 12 Chiller Systems’) is written around the 12 chiller units themselves and does not expressly address the balance-of-plant equipment that supports them. RJY requests confirmation on the following before pricing:

18. Condenser water and chilled water circulating pumps — is the awarded contractor responsible for preventative maintenance on the pumps associated with these 12 chiller systems (e.g., bearings, seals, coupling alignment, motor condition, pump VFDs), or is pump maintenance performed under a separate VA Facilities Management service or contract? Pumps are not part of the contract.

19. Cooling towers — for the water-cooled chillers (CH-09 through CH-12), is the contractor responsible for the associated cooling tower(s) (fill, basin, belts/sheaves, fan and gear drive, cooling-tower VFDs), or is cooling tower maintenance outside this SOW's scope and covered separately? There are no cooling towers.

20. Refrigerant monitoring systems — are area refrigerant leak/vapor monitors (e.g., ASHRAE 15-type monitors) installed in the mechanical spaces serving these chillers, and if so, is inspection, testing, or calibration of those monitors included in this SOW, or maintained under a separate contract? There are no refrigerant leak monitors.

21. BAS instrumentation — is the contractor responsible for calibrating any Building Automation System (BAS) sensors, pressure transducers, or flow meters used to monitor these chillers (including the condenser/chilled water flow referenced in the SOW's operational-maintenance checklist and the flowrate, temperature, and pressure data required in the maintenance log deliverable), or is that instrumentation maintained under a separate controls contract? BAS is VA responsibility.

22. Vibration analysis scope — the SOW's operational-maintenance checklist states ‘Check for unusual noise and vibration. Provide annual vibration analysis in accordance with manufacturer's recommendations,’ stated only in the context of the 12 chiller units themselves (compressor, motor, and associated rotating components). Is the awarded contractor's annual vibration analysis obligation limited to the 12 chillers, or does the Government also expect vibration analysis on associated ancillary/balance-of-plant equipment such as condenser and chilled water pumps and cooling tower fan/drive assemblies? If ancillary equipment is included, RJY requests the Government identify which specific pumps and cooling towers are within scope. Vibration analysis only pertains to compressors, motors, and associated rotating components.

23. Field Service Technician/Subcontractor Personnel: The solicitation requires Field Service Technicians to meet the stated training and experience requirements and also states that individuals performing the work must be regular employees of the contractor. The solicitation separately permits the use of subcontractors subject to the managing official for the HVAC systems located at the Tomah VA Medical Center. May the required chiller preventive maintenance services be performed by qualified technicians who are regular employees of an approved subcontractor, provided those technicians meet all applicable training, experience, and certification requirements of the solicitation? EPA Refrigerant Handling certification is only requirement.

24. Factory/OEM Certification: The Statement of Work requires "factory, Original Equipment Manufacturer (OEM) certified" preventive maintenance services. The equipment schedule includes chillers manufactured by York, McQuay, and Multi-Stack. Is the contractor required to provide manufacturer-specific factory certification for technicians servicing each respective manufacturer's equipment, or will documented formal manufacturer/OEM-equivalent training and demonstrated competency on the identified equipment satisfy this requirement? OEM Training is not required, and the SOW has been revised to reflect “trained personnel in chiller preventative maintenance”.

25. Certification Documentation with Quote: Factor 3 requires contractors to provide certifications showing they are qualified to perform all required work. Please clarify which specific technician and/or contractor certifications must be submitted with the quotation versus those that may be provided after award or upon request by the CO. EPA Refrigerant Handling can be provided after award of contract.

STATEMENT OF WORK

HVAC CHILLER PREVENTATIVE MAINTENANCE SERVICES

Contractors shall provide all parts, equipment, material, labor, and supervision, including travel costs, necessary to provide trained personnel in chiller preventative maintenance to service 12 Chiller Systems located at the Tomah VA Medical Center 500 E. Veterans Street, Tomah, WI.

1. SCOPE

A. Contractor to provide factory certified preventative maintenance service to the Chiller Systems throughout the Tomah VA Medical Center.

B. Chillers to be serviced as part of this Statement of Work are provided in Table 2, below.

C. Contractor shall perform all lock-out/tag-out procedures before performing any maintenance service on all HVAC chillers.

D. Provide annual condenser coil cleaning in compliance with manufacturer recommendations.

E. Provide annual condenser tube brushing, via removal and re-installation of one head only, in compliance with manufacturer recommendations. Service shall be as follows.

1) Isolate tubes

2) Drain water from tubes.

3) Remove head.

4) Mechanically brush tubes.

5) Replace gasket.

6) Replace head.

7) Test for leaks and confirm that system is leak free and operational. Indicate confirmation in signed report. See contract deliverables.

F. Provide operational maintenance services as defined by each chiller unit’s manufacturer recommendations and shall include:

1) Check overall condition of chiller unit.

2) Clean air-cooled condenser with appropriate coil cleaner and water. On water cooled condensers clean with rotating brush system designed for water cooled condensers.

3) Inspect air cooled condensers for damage and oil/refrigerant leaks.

4) Inspect water cooled condenser gaskets and tubes for damage and perform Eddy Current Test every other year (See Line Items in Unit/Price Costs Schedule).

5) Inspect all electrical components and connections for tightness, corrosion, or burnt and pitted contacts. Check all wiring for “hot” spots, by performing thermal imaging testing.

6) Check for visible refrigerant charge (sight glass), leaks, and conduct refrigerant leak tests.

7) Perform a megohmmeter (Megger) test on all compressor motors to check the integrity of all electrical insulation.

8) Check all crankcase heaters. Verify each is fully operational.

9) Check all fan motors and fan blades.

10) Review control panel for proper operation and recorded fault histories.

11) Conduct chilled water flow rate on any water-cooled chillers.

a) Check for proper condenser and chilled water flow.

12) Check for proper operation of oil/oil return systems. Verify oil heater operation. Check for proper oil temperature and pressure. Check compressor oil level(s), change oil filters, change oil filter dryer (isolation valves must be present and functional), conduct lubrication oil testing and analysis.

13) Check for visual signs of refrigerant/oil leak(s)

14) Check for proper capacity control operation.

15) Check for unusual noise and vibration. Provide annual vibration analysis in accordance with manufacturer's recommendations.

16) Lubricate motor bearings (per manufacturer's recommendations).

17) Lubricate and check capacity control and linkage.

G. Base Year, Option Year Two and Option Year Four Work Only.

1) Conduct Eddy Current Testing (ECT) on chiller tubes and heat exchangers.

H. Base Year Work Only.

1) Change glycol with new, in Variable Speed Drives, on all air-cooled, screw compressor chillers (Both York chillers, one portable and one serving B403).

I. After all testing, checks and maintenance completion, run chiller under a load and check operations. Amp check all electrical components. Check pressures, and temperatures and assure they correspond correctly with design and manufacturer’s recommendations. Check refrigerant levels. Check for leaks if low on charge.

1) Record and log all operating parameters after testing/checking under chillers under load.

J. Maintain a detailed and reliable maintenance log that includes all necessary information, to include flow rates, operating temperatures, pressures, and fluid levels for each chiller. Provide a digital, PDF copy of maintenance log to contract COR after all work performance is completed.

K. Any major corrective maintenance repairs for failures, or items that exceed the preventative maintenance recommendations and repairs of the Original Equipment Manufacturer (OEM), SHALL FIRST HAVE COR APPROVAL, SHALL BE REPAIRED UNDER A SEPARATE PURCHASE CARD ORDER OR CONTRACT AND SHALL BE IN COORDINATION WITH THE CONTRACT COR.

L. Any changes to this SOW shall be authorized and approved only through written modification of this contract from the CO (Contracting Officer) in coordination with the COR (Contracting Officers Representative). Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

M. Notwithstanding, the Contractor shall perform no additional work without the prior written authorization of the Contracting Officer. Any additional work, which may be performed by the Contractor without this approval, will be performed by the Contractor at no additional cost to the Government.

Within fourteen (14) days of the award of this contract, the Contractor and the Government shall agree upon a date for work to take place.

2. SERVICE HOURS AND FEDERAL HOLIDAYS

A. Normal hours of coverage are Monday through Friday from 7:30 am to 4:30 pm, excluding holidays. All work shall be performed during normal hours of coverage unless otherwise requested or approved by the COR or their designee.

B. All contract work shall be on a date and time mutually agreed upon between the Contractor and the COR.

C. Federal Holidays observed by the VAMC are:

· Any other day designated as a Federal Holiday by Presidential Decree.

3. GENERAL INFORMATION

A. Compliance with General Safety Regulations:

1) All Contractors and Subcontractors performing services for the Government shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. All Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any person or property within and around the work site area under this contract.

2) All ladders, scaffolding, tools, equipment, personal protective equipment, etc. shall be OSHA approved for the work to be performed. Contractors shall use caution signs as required by OSHA Regulations. Caution signs shall be on-site on commencement of Contract.

3) Contractor is responsible to replace any items damaged by the contractor, sub-contractor, their employees, or equipment at no extra charge to the Government.

4) Contractor shall not interrupt any utility service while performing under this contract.

5) Contractor personnel must conduct their work in a manner that does not interfere with the normal functions of the facility and will stop work if asked by the CO/COR as required if interruptions do occur.

6) No hot electrical work shall be performed. Any electrical work that requires any interruption in electricity must be coordinated with the COR and the facility electricians. All OSHA and Facility lockout/tagout procedures shall be followed.

4. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. Scheduling of work shall be arranged with at least one, or all the Point of Contacts below and in the following order. contract COR (Contracting Officers Representative) or contract ACOR (Alternate Contracting Officers Representative).

1) See Table 1 below for Point of Contact information.

Table 1:

5. COMPETENCIES AND QUALIFICATIONS OF PERSONNEL SERVICING EQUIPMENT:

A. Each respondent must have an established business, with an office and staff; The staff includes a Field Service Technician (FST) and a second FST who will serve as the backup.

B. FST shall have a minimum of two (2) years of experience performing this service. The FST(s) shall have completed a formalized training program for the equipment identified in the Statement of Work. For field experience, the FST(s) shall have a minimum of two years of experience, with respect to maintenance and repair of air-cooled, and water-cooled chillers as identified in this scope of work.

C. The FSTs shall be authorized by the Contractor to perform the maintenance services. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSTs for all work the Contractor performs at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are performing any work at the Tomah VAMC under this SOW. The CO and/or COR specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work at the Tomah VAMC.

D. Contractors shall provide certifications showing they are qualified to perform all required work defined in this statement of work.

E. If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in Subcontractor(s) to the CO for approval/disapproval. The contractor shall be fully staffed on the first day of work under the contract. All personnel shall receive close and continuing first-line supervision by the contractor. Individuals who are performing the work must be experienced, fully trained and a regular employee of the contractor.

F. Contractor's personnel shall be regular employees of the Contractor; day laborers are not acceptable.

6. DAILY INBRIEF AND OUTBRIEF

A. Contractor shall allow adequate on-site time during service work site visits to brief the COR of proposed plan for mobilization and execution for all required service work defined in this contract.

7. CONTRACT DELIVERABLES

Contractor shall provide, to the COR after completion of work, at the minimum, the following deliverables:

A. Documentation, of leak tests performed after each annual condenser coil cleaning and condenser tube brushing delivered to contract COR in digital PDF format.

B. Provide copy of maintenance log that includes all necessary information, to include flow rates, operating temperatures, pressures, and fluid levels for each chiller.

C. Provide copy of log with all data of operating parameters after testing/checking of chillers under load.

8. SECURITY REQUIREMENTS

A. All Contractor FST’s (Field Service Technician(s)) shall wear identification badges on site.

B. During normal working hours of operation, Monday through Friday, the contractor shall check in with the COR/Tomah VAMC (Veterans Affairs Medical Center) POC (Point of Contact) when arriving to perform work and check out with the COR/Tomah VAMC POC when work/workday is complete.

C. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

D. Effective January 1, 2019, smoking is prohibited both inside and outside (entire campus) at the VAMC.

E. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

9. RISK CONTROL

A. The Contractor shall take all necessary precautions to protect government property and shall repair any damage caused by their efforts.

B. All work affecting patients shall be coordinated in advance by the Government and the Contractor to have minimal impact on the patients.

10. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

A. 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.

B. 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.

C. 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.

D. The Tomah VAMC 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 VA Tomah or destroyed except for in accordance with the provisions of the agency records schedule 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 VA Tomah. The agency must report promptly to NARA in accordance with 36 CFR 1230.

E. 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 are 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 VA Tomah 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (E).

F. 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 VA Tomah guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

G. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

H. The Contractor shall not create or maintain any records containing any non-public VA Tomah information that are not specifically tied to or authorized by the contract.

I. 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.

J. The Tomah VAMC 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 the Tomah VAMC 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.

K. Training.

1) All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take The Tomah VAMC-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.

2) To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.

L. Flow down of requirements to Sub-contractors.

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.

11. PLACE OF PERFORMANCE

Tomah VA Medical Center, 500 E. Veterans St., Tomah, WI. 54660

12. PERIOD OF PERFORMANCE

A. Support and service, as defined in this SOW, is to occur as scheduled and as required during the period of performance.

B. Work shall be completed in accordance with the performance schedule and shall be coordinated with the Government upon contract award.

Table 2:

46XC

6VA

2ADC

2ADC

W2ADC