36C25520Q0432.docx

Contract Opportunity Sources Sought Notice

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* = Required Field Contract Opportunity Sources Sought Notice J065 MRN Anesthesia Maintenance 66048 36C25520Q0432 06-03-2020 12:00

CENTRAL TIME, CHICAGO, USA

N 811219 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 Al Cheeks Albert.CheeksJr@VA.Gov Marion VA Medical Center 2401 West Main Street Marion, IL

62959

USA

Albert.CheeksJr@VA.Gov Albert.CheeksJr@VA.Gov This Sources Sought Notice is for planning purposes only and shall not be considered as an invitation for bid, request for quotation, request for proposal, or as an obligation on the part of the Government to acquire any products or services. Your response to this Sources Sought Notice will be treated as information only. No entitlement to payment of direct or indirect costs or charges by the Government will arise as a result of contractor submission of responses to this announcement or the Government use of such information. This request does not constitute a solicitation for proposals or the authority to enter into negotiations to award a contract. No funds have been authorized, appropriated, or received for this effort.

The information provided may be used by the Department of Veterans Affairs in developing its acquisition approach, statement of work/statement of objectives and performance specifications. Interested parties are responsible for adequately marking proprietary or competition sensitive information contained in their response. The Government does not intend to award a contract on the basis of this Sources Sought Notice or to otherwise pay for the information submitted in response to this Sources Sought Notice.

The purpose of this sources sought announcement is for market research to make appropriate acquisition decisions and to gain knowledge of potential qualified Service-Disabled Veteran Owned Small Businesses, Veteran Owned Small Businesses, 8(a), HUBZone and other Small Businesses interested and capable of providing the services described below.

Documentation of technical expertise must be presented in sufficient detail for the Government to determine that your company possesses the necessary functional area expertise and experience to compete for this acquisition. Responses to this notice shall include the following: (a) company name (b) address (c) point of contact (d) phone, fax, and email (e) DUNS number (f) Cage Code (g) Tax ID Number (h) Type of small business, e.g. Services Disabled Veteran Owned small Business, Veteran-owned small business, 8(a), HUBZone, Women Owned Small Business, Small disadvantaged business, or Small Business HUBZone business and (i) must provide a capability statement that addresses the organizations qualifications and ability to perform as a contractor for the work described below.

The VA Network Contracting Office (NCO) 15 located at 3450 South 4th Street, Leavenworth, KS, 66048-5055 is seeking a potential qualified contractor to furnish all labor, travel, materials, equipment, tools, supervision, any and all incidentals to complete on-site full service planned maintenance and repair of the equipment and the accessories attached to the Draeger Apollo Anesthesia Delivery systems including the Endotracheal Bronchial Aspirators and Scavenger units and other accessories.

1. Equipment to be maintained: Draeger brand “Apollo” anesthesia units, Draeger brand “Vapor Apollo, Draeger brand Vaper 2000 and Draeger D-Vapor” vaporizers.

1. The contractor must be able to provide coverage 24 hours/day, 5 days/week excluding weekends and all Federal holidays.

1. The contractor’s must be able to respond with a phone call within two (2) hours after receipt of telephoned notification. A qualified technician must respond on-site a maximum of twenty-four (24) hours after of the initial request for service.

1. The contractor must use only new Original Equipment Manufacturer (OEM) or OEM approved parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications.

All work shall be performed by "Fully Qualified" competent Field Service Engineers (FSE). “Fully Qualified" is based upon training and experience in the field. For training, the FSE(s) must have successfully completed a formal OEM Certified (or equivalent) training program for all equipment, and any required refreshers, to be maintained and all equipment to be utilized in the performance of the contract. For field experience, the FSE(s) must have a minimum of two years of experience in the installation, calibration, maintenance and repair of the specific equipment.

Important information: The Government is not obligated to nor will it pay for or reimburse any costs associated with responding to this sources sought synopsis request. This notice shall not be construed as a commitment by the Government to issue a solicitation or ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The Government will in no way be bound to this information if any solicitation is issued. Currently a total set-aside for Service-Disabled Veteran Owned Small Businesses (SDVOSBs) and Veteran Owned Small Businesses (VOSBs) are being sought based on the Veterans Administration requirement with Public Law 109-461, Vets First Contracting Program. However, if response by SDVOSB or VOSB firms proves inadequate, an alternate set-aside or full and open competitive solicitation may result. No sub-contracting opportunity is anticipated. The North American Classification System (NAICS) code for this acquisition is 811219 (Other Electronic and Precision Equipment Repair and Maintenance). Notice to potential offerors: All offerors who provide goods or services to the United States Federal Government must be registered in the System for Award Management (SAM located on the web at www.sam.gov). Additionally, all Service-Disabled Veteran Owned Businesses or Veteran Owned Businesses who respond to a solicitation on this project must be registered with the Department of Veterans Affairs Center for Veterans Enterprise VetBiz Registry located at http://vip.vetbiz.gov. All interested Offerors should submit information by e-mail: to Albert.CheeksJr@VA.Gov. All information submissions should be received no later than 12:00 pm CST on Wednesday, June 03, 2020. After review of the responses to this announcement, the Government intends to proceed with the acquisition and a subsequent solicitation will be published.

STATEMENT OF WORK (SOW)

(a). GENERAL INFORMATION:

(1). Title of Project: Full service preventative maintenance and repair of Draeger Medical brand Apollo anesthesia systems and vaporizers furnished on-site at:

(A). Marion VA Medical Center 2401 W Main St.

Marion, IL 62959.

(B). Evansville VA Health Care Center 6211 E Waterford Blvd.

Evansville IN 47715 (2). Scope of Work: This contract is issued to ensure the continuous reliability of anesthesia systems and ancillary equipment identified in the statement of work. The equipment is critical in the performance of medical procedures at the VA Medical Centers and the reliable and accurate operation of the equipment at all times is considered critical to the health of patients.

(3). Background: The equipment to be maintained by this contract has been under continuous coverage from the date of installation via the initial 1 year manufacturer’s warranty which will expire 20 December 2020. The government intends to continue this same quality and level of service into a new full service contract.

(4). Performance Period: The Contractor shall begin the work required under this SOW commencing with the effective date of award, unless otherwise directed by the CO, and shall provide continuous service until the date of contract expiration. Work at the VA Medical Center shall not take place on Federal holidays or weekends unless directed by the COR, AltCOR or the CO.

(5). Type of Contract: Firm-Fixed-Price.

(6). Extension of Contract. This contract may be extended for up to four (4) one (1) year option periods at the option of the VA in accordance with FAR 52.217-9, Option to Extend the Term of the Contract.

Notice of an extension must be served in writing by the VA prior to the scheduled expiration date. An extension may be exercised subject to the continued acceptable performance and responsibility of the Contractor, the continued requirement for services, and the availability of funds.

(b). CONTRACT AWARD MEETING: The Contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick off meeting, or has advised the Contractor that a kick off meeting is waived.

(c). EQUIPMENT TO BE SERVICED: Each of the following items is to be serviced in accordance with the specifications, terms and conditions of this contract.

(d). SERVICES TO BE PROVIDED: The Contractor shall supply all labor, travel, materials, equipment, tools, supervision, any and all incidentals to complete on-site full service planned maintenance and repair of the equipment and the accessories attached to the Draeger Apollo Anesthesia Delivery systems including the Endotracheal Bronchial Aspirators and Scavenger units and other accessories as identified in section (c) above, in accordance with design specifications and the specifications, terms, and conditions of this contract.

(1). Scheduled Maintenance:

(A).The Contractor shall perform preventive maintenance (PM) service to ensure that equipment listed in this SOW and section (c) - LIST OF ITEMS TO BE MAINTAINED, performs in accordance with section (g) (2) Conformance Standards. The Contractor shall provide checklists and utilize procedures with worksheet originals indicating work performed and actual performance values obtained (as applicable). The contractor shall provide written description of Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. This documentation shall be provided to the COR at the completion of the PM. PM services shall include, but are not limited to, the following:

(i). Cleaning of equipment.

(ii). Reviewing operating system software diagnostics to ensure that the system is operating in accordance with the manufacturer's specifications and section (g) (2) Conformance Standards.

(iii). Measuring flow rates, to include the Endotracheal Bronchial Aspirators, calibrating and lubricating the equipment.

(iv). Performing remedial maintenance of non-emergent nature.

(v). Testing and replacing faulty and worn parts and/or parts likely to become faulty, fail, or worn.

(vi). Inspecting electrical wiring and cables for wear and fraying and replacing where indicated.

(vii). Inspecting for electrical and mechanical integrity, safety, and performance all electrical and mechanical components which include, but are not limited to, power supplies, printed circuit boards, sensors, modules, displays, regulators, piston driven ventilators, support devices, cables and mounting hardware, chains, belts, seals, bearings and tracks, interlocks, clutches, motors, and keyboards; and replacing where indicated.

(ix). Returning the equipment to the full operating condition as defined in section (g) (2) Conformance Standards.

(x). Inspecting and calibrating the hard copy image device.

(xi). Providing documentation of all services performed.

(B). PM services on the “Apollo” systems shall be performed at least semi-annually. PM services on the vaporizers shall be performed at least annually. Any exceptions to the PM schedule shall be arranged and approved in advance with the COR and provided in writing to the Contracting Officer. Any charges for parts, services, manuals, tools, or software required to successfully complete scheduled PM shall be included within this contract and it’s agreed upon price, unless otherwise specifically excluded.

(C). The Contractor shall notify the Supervisor, Bio-Medical Section or his/her designee at least 48 hours in advance of the date of projected preventative maintenance inspection. Bio-Medical staff will accompany the Contractor as an observer during the inspection. The inspection shall be thorough and shall conform to manufacturer and Industry Standards for the medical equipment.

Sufficient time shall be allowed to permit a thorough inspection and test of each device comprising the overall system. Maintenance work and inspections may be combined at the approval of the COR or AltCOR if down time is not considered significant.

(2). Unscheduled Maintenance (Emergency Repair Service):

(A). The Contractor and Biomedical Engineering shall maintain the equipment in accordance with section (g) (2) Conformance Standards. Contractor shall provide unlimited telephone technical support and all required parts.

(B). Only the CO, COR, or designated alternate has the authority to approve/request an unscheduled service call to the Contractor.

(C). Response time - Contractor’s FSE or Technical Support shall respond with a phone call to the COR or designee within two (2) hours after receipt of telephoned notification. A qualified technician must respond on-site NLT next business day after the initial request for service, unless specified otherwise by the COR or AltCOR.

(D). Unscheduled service calls for other than normal working hours may be charged at the contractor’s standard commercial rates for labor and travel and will be invoiced separately from this contract. Invoice is to be provided to the COR or AltCOR.

(E). Technicians responding for unscheduled emergency service must report to the Supervisor, Bio- Medical Service or designee (after hours). Upon completion of service/repair the technician shall again report to that person.

(3). Parts: The Contractor shall have ready access to all parts, including unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall furnish all parts except -if applicable - those parts specifically listed as being EXCLUDED. The contractor shall use only new Original Equipment Manufacturer (OEM) or OEM approved parts. All parts shall be of current manufacture and have complete versatility with the presently installed equipment.

All parts shall perform identically to the original equipment specifications. Parts removed from another system, rebuilt and/or used, shall not be installed without specific approval by the CO and the COR. All defective parts replaced become the property of the Contractor, unless otherwise specified by the CO, COR or AltCOR.

(4). Excluded Parts: Patient circuits and cables-leads-probes, user-replaceable batteries, cartridges/filters.

(5). Service Manuals/Tools/Equipment:

(A). The VA shall not provide tools, test equipment, service manuals, or service diagnostic software to the contractor. Contractor shall obtain, have on file, and make available to its FSE all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service manuals, by name and/or the manuals themselves shall be provided to the CO upon request.

(B). The Contractor shall provide the COR or Biomedical Engineering two (2) copies of all documentation that pertains to any hardware, software, or firmware upgrade or repair.

(C). Copies of the latest version(s) of all documentation and licensing agreements, which shall include operation, service, and diagnostic software. The COR or Biomedical Engineering shall have access to the same operation, service, diagnostic software, and documentation as the OEM's FSE. Contractor shall provide to the COR or Biomedical Engineer OEM Service Bulletins for the equipment covered under this contract. All documentation and service bulletins, etc. shall be provided within 30 days of award in either hard copy or electronic format. Any future service bulletins generated during the contract period shall be provided to the COR within 30 days of receipt in either hard copy or electronic format.

(6). Removal of equipment to contractors repair facility: Approval of the CO must be obtained before removing any equipment from the VA Medical Facility. No transportation charges will be allowed for either the repair person or equipment to or from the Contractors facility. The Contractor will be responsible for all damage or loss of equipment. A loaner of the same type and functionality of the equipment removed, if required, shall be furnished, installed and made fully operational by the contractor without additional cost.

(e). EQUIPMENT TO BE MAINTAINED. The list of equipment to be maintained is provided in section (c).

(f). CONDITION OF EQUIPMENT. All equipment has been under original manufacturer’s warranty and repair agreement since installation. The Contractor has been provided an opportunity to visit the VA Medical Centers, examine the equipment, and note in writing to the CO any condition which may affect the Contractors performance of this contract. With the exception of any conditions so noted the Contractor accepts responsibility for the equipment described in section (c) in "as is" condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

(g). GENERAL REQUIREMENTS.

(1). Defects in equipment: The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

(2). Conformance standards: Contractor shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards; including but not limited to NFPA-99, UL, OSHA, VA, CDRH, etc. and the “Manufacturer's Performance standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates will meet the stated standards/specifications.

(3). Hours of Coverage:

(A). The contractor will provide all required services within the normal business hours (7:00 AM to

4:30 PM (CST) M-F).

(B). All services shall be performed during these normal hours of coverage unless one of the following conditions exists:

(i). The contractor wishes to furnish services at a time that is outside of the normal hours of coverage, at no additional cost to the Government, the contractor submits a request to the COR prior to the proposed start of the work, and the request is approved in writing by the COR before work is begun.

(ii). The COR directs that the services be furnished at a time that is outside the normal hours of coverage and the additional cost is recommended by the COR and authorized by the

CO.

(C). The contractor shall provide coverage 24 hours/day, 5 days/week excluding weekends and all Federal holidays.

(D). Work performed outside the normal hours of coverage must be preapproved by the CO, COR or AltCOR. The Contractor will provide a written estimate of the charges prior to approval of the work.

(E). Work performed outside the normal hours of coverage at the request of FSE/contractor shall be considered service performed during normal hours of coverage.

(F). There will be no additional charge for time spent waiting at the site during or after the normal hours of coverage for delivery of parts.

NOTE: Hardware/software update installations shall be scheduled and performed during normal hours of coverage at no additional charge to the government.

(4). Federal holidays observed by the VA Medical Center:

New Year’s Day Labor Day Martin Luther King Day Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day and any other day specifically designated by the President of the United States.

(5). Documentation/Reports: Hard copy is preferred on the day work is performed, however, no later than three (3) business days after the conclusion of any maintenance or repair the Contractor will provide to the COR or AltCOR a signed detailed service/inspection (electronic copy preferred) report listing all devices, all repairs for each device, parts used to maintain or repair the devices, and operating efficiency of the devices. The service/inspection report shall contain, at a minimum, the following information:

(A). Date of the technician’s arrival on station.

(B). Type, model, and serial number(s) of all equipment on which maintenance was performed.

(C). Detailed narrative description of work performed.

(D). Complete list of parts replaced.

(E). Comments as to the cause of the malfunction when applicable (F). Date the repair/preventive maintenance was completed.

(6). Required registration with Contractor Performance Assessment Reporting System (CPARS):

(A). As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates Contractor past performance on all contracts that exceed $150,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past (B). Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS.

CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

(C). Each Contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438- 1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the Contractor’s registered representative.

(D). For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(E). Failure to have a current registration with the CPARS database, or to re-assign the report to the CO within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond.

(7). Competency of contractor personnel:

(A). The Contractor must have an established business, with an office and full time staff who specialize in anesthesia delivery systems, medical gas systems and vaporizers. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup. The Contractor must have all necessary specialized tools and testing equipment required to maintain and repair the devices and the accessories covered under this SOW.

(B). “Fully Qualified" is based upon training and experience in the field. For training, the FSE(s) must have successfully completed a formal OEM Certified (or equivalent) training program for all equipment, and any required refreshers, to be maintained and all equipment to be utilized in the performance of the contract. For field experience, the FSE(s) must have a minimum of two years of experience in the installation, calibration, maintenance and repair of the specific equipment identified in section (c).

(C). All work shall be performed by "Fully Qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs.

The CO may authenticate the training requirements by request training certificates or credentials from the Contractor at any time for any personnel who are providing services. The CO and/or the COR or AltCOR specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the anesthesia equipment.

(D). If subcontractor(s) are used, they must meet the same competency standards as Contractor personnel and be preapproved by the CO. The Contractor shall submit any proposed change in subcontractor(s) to the CO for approval or disapproval.

(8). Exposure to blood borne or infectious material: There is a potential for exposure to blood borne or other infectious material with equipment throughout the medical centers. All Contractor personnel must use the “Universal Precautions” (i.e. decontamination of medical equipment, wearing protective gloves, aprons, and goggles) during cleaning and maintenance/repair procedures.

(9). Test equipment: The Contractor shall provide the COR or Alt-COR with a copy of the current calibration certification of all test equipment which is to be used by the Contractor in the performance of this contract. Test equipment calibration shall be traceable to a national standard.

(10). Identification, parking, smoking and VA regulations:

(A). Contractor’s personnel shall wear visible identification at all times while on the premises of the VA. Identification shall include, as a minimum, the employee’s name, position, and the contractor’s trade name.

(B). It is the responsibility of the contractor to park in the appropriate designated parking areas.

Information on parking is available from VA Police Service. VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions.

(C). 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 local district, state, or municipal court.

(D). Smoking is prohibited inside all VA buildings.

(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.

(h). DEFINITIONS/ACRONYMS.

(1). CO – Contracting Officer, Network Contracting Office (NCO) 15.

(2). COR – Contracting Officer’s Representative appointed under the contract.

(3). ESR - Engineering Service Report - Documentation provided by the vendor of the services rendered for each incidence of work performance under the terms and conditions of the contract.

(4). FSE - Field Service Engineer - A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the AVAHCS premises.

(5). NFPA - National Fire Protection Association.

(6). OEM – Original Equipment Manufacturer.

(7). OSHA – Occupational Safety and Health Administration.

(8). PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

(9). Unscheduled repairs – emergency services required to restore equipment to working condition outside normal hours of coverage.

(10). UL – Underwriter’s Laboratories.

(11). SOW – Statement of Work.

(i). FACILITY SECURITY REQUIREMENTS. Upon arrival at the VA Medical Center all Contractor personnel shall be required to report to the VA Medical Center Police for a temporary ID and then Biomedical Engineering to check in. This check-in process is mandatory. When the service is completed the personnel shall be required to check out with Biomedical Engineering. The check in process at Evansville Healthcare Center will be identical in that the Contractor will report to EHCC Police for a temporary ID and then on to Biomedical Engineering for escort to the device location.

(j). IT SECURITY REQUIREMENTS.

(1). Contractor personnel requirements: 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. Specific training and certification requirements for Contractor personnel for the viewing, handling or storage of confidential information are applicable to this contract.

(A). Specific requirements are contained in section C10 - VA INFORMATION AND

INFORMATION SYSTEM SECURITY/PRIVACY.

(B). Attachment (1) – Contractor Rules of Behavior (VA Handbook 6500.6 Appx D) form is furnished for the Contractors use and to provide advanced notice of the form’s requirements.

(2). Records: The following requirements are applicable to records generated in executing the contract:

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

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

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

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

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

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

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

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

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

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

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

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

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

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