36C25624Q1066_1.docx

VA256-17-R-1409

GENERAL INFORMATION

SET-ASIDE

G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

POINT OF CONTACT*

Contracting Officer Jennifer Stasher jennifer.stasher@va.gov 601-206-7052 None None

PLACE OF PERFORMANCE

G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

DESCRIPTION

Sources Sought Notice Only:

DESCRIPTION: This is a sources sought to determine the availability of potential sources having the skills and capabilities necessary to provide the SPECIFIED REQUIREMENT. All interested vendors are invited to provide information to contribute to this market survey/sources sought including commercial market information.

THIS IS NOT A SOLICITATION ANNOUNCEMENT. This is a sources sought synopsis only. Questions shall be submitted by email to Jennifer.Stasher@va.gov. Provide only the requested information below. The purpose of this sources sought is to gain knowledge of potential qualified sources and their size classifications (Service Disabled/Veteran Owned Small Business (SDVOSB/VOSB), Hub zone, 8(a), small, small disadvantaged, woman owned small business, FSS/GSA contract schedule holders or large business) relative to NAICS CODE: 562111– Solid Waste Collection-PRODUCT/SERVICE CODE: S205-NONHAZARDOUS SOLID WASTE REFUSE AND DISPOSAL SERVICES. The size standard is 1000 Employees.

Responses to this sources sought will be used by the Government to make appropriate acquisition decisions. After review of the responses to this sources sought synopsis, a solicitation announcement may be published on the GSA or FBO website. Responses to this sources sought synopsis are not considered adequate responses to the solicitation announcement. All interested offerors must respond to the solicitation announcement in addition to responding to this sources sought announcement. Please read the Statement of Work carefully before responding to this RFI.

Period of Performance: Base plus Four (4) Option Years.

SPECIFIED REQUIREMENT: Network Contracting Office 16 (NCO16) is seeking sources for a potential contractor to perform the following type of service for preventative maintenance and repair for GE Medical Equipment.

REQUESTED INFORMATION: (1) STATEMENT OF CABABILITY: Submit a brief description, five (5) pages or less, that demonstrates how your company has the supervision, facilities, labor, and experience to perform the scheduled and unscheduled pharmaceutical waste collection, transport and disposal as described above. Include experience in performing these services to the VA, other Government (Federal or State) agency, or for a private facility. Please specify your availability to start date and your address. (2) BUSINESS SIZE AND SOCIO-ECONOMIC STATUS: (a) Indicate whether your business is large or small (b) If small, indicate if your firm qualifies as a small, emerging business, or small disadvantaged business (c) If disadvantaged, specify under which disadvantaged group and if your firm is certified under Section 8(a) of the Small Business Act (d) Indicate if your firm is a certified Hub-zone firm (e) Indicate if your firm is a woman-owned or operated business (f) Indicate if your firm is a certified Service-Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) (g) Include the DUNS number of your firm. (h) State whether your firm is registered with the Beta.Sam.Gov at https://beta.sam.gov and/or the VetBiz Registry at https://vetbiz.va.gov , (i) NOTE that any future solicitation could only be awarded to a contractor who is registered in SAM and to receive award based on VOSB or SDVOSB status you must be registered in the VetBiz Registry.

Responses shall be submitted to 36C25624Q1066 later than 10PM CST, Friday, July 05, 2024. Fax or Telephone calls will not be accepted. Your response should include both the STATEMENT OF CABABILITY and BUSINESS SIZE AND SOCIO-ECONOMIC STATUS information as explained above. Please place "Attention: “Nonhazardous Solid Waste Refuse and Disposal Services– Jackson, MS” in the subject line of your response. This notice is to assist the VA in determining sources only. A SOLICITATION IS NOT CURRENTLY AVAILABLE AND MAY NOT DEVELOP FROM THIS RFI. If a solicitation is issued it will be announced later and all interested parties must respond to that solicitation announcement separately from the responses to this announcement.

Sources Sought Notice Sources Sought Notice

Sources Sought Notice

PERFORMANCE WORK STATEMENT

G.V. (SONNY) MONTGOMERY VA MEDICAL CENTER

NONHAZARDOUS SOLID WASTE REFUSE AND DISPOSAL SERVICES

1. STATEMENT OF WORK/DESCRIPTION. The contractor shall furnish all labor, material, equipment, repairs/maintenance, supplies, transportation, management, and supervision necessary to perform all Non-Hazardous Solid Waste Refuse Collection and Disposal Services at the G.V. (Sonny) Montgomery Veterans Administration Medical Center, Jackson, Mississippi (Jackson VAMC) at a fixed rate fee. This is a base plus four (4) option years contract.

1.1 The Contractor shall provide dumpsters and removal of waste services.

1.2 This includes establishing quarterly meetings, monthly electronic tracking reports and consultations, necessary to help identify and reduce the facility’s solid waste stream. The Contractor shall immediately report any adverse actions or problems that directly or indirectly impact the facility’s primary mission to provide the best healthcare possible to our Veteran patients. This contract covers all solid waste generate by the Jackson VAMC, except the following – Regulated hazardous waste that the Environmental Protection Agency (EPA) requires to be disposed of in a Resource Conservation and Recovery Act (RCRA) Hazardous Waste Facility, Regulated Medical Waste, trace Chemotherapy and Pathological Waste, Radioactive Waste requiring disposal in a Nuclear Regulatory Commission licensed facility, regulated friable asbestos waste, and any other hazardous materials in amounts for which U.S. Department of Transportation (DOT) would require hazardous material shipping papers and/or placards to transport.

2. GREEN ENVIRONMENTAL MANAGEMENT SYSTEM(GEMS) PROGRAM

CONTRACT OBJECTIVES. To establish a contract to divert materials currently going to the landfill by seeking opportunities for maximizing recycling material sales. Jackson VAMC wishes to collaborate closely with the selected contractor on this initiative to meet goals and improve resource efficiency. It is intended that the service provider shall perform the work in compliance with all applicable federal, state, and local environmental regulations, as well as ISO 14001 EMS.

2.1.1 Target 1: Pursue continuous improvement in resource efficiency (increased diversion through reuse, recycle, composting, waste to energy conversion), and with the VAMC’s approval, take the lead role in identifying, designing, and implementing innovative, cost-effective means to increase diversion and increase recycling revenue with the additional benefits of reducing refuse collection and disposal costs. Optimize current hauling, garbage disposal, and recycling operations and services to reduce overall waste management system costs. Develop a detailed tracking, reporting, and billing/invoicing system to support the goal setting, performance tracking, and decision-making ability. Conduct educational training and outreach as necessary, including but not limited to, recycling procedures or waste minimization.

2.1.2. Target 2: The Contractor shall provide the assigned Contracting Officer Representative (COR) an electronic invoice and detailed solid waste (weight in pounds) report that clearly outline each charge for services provided to this facility monthly.

3. REPORTS AND RECORDS. The Contractor shall provide an annual electronic Solid Waste Report to the VAMC COR no later than (NLT) January 15th of the new year, that charts and show trends that shows the total number of hauls from each location, total pounds collected, areas of improvements, deficiencies, and recommendation with changes to keep the program on track to meet the federal target of reducing the solid waste stream. In addition, the solid waste reports shall also include the specific place of disposal (e.g. incinerator, sanitary designated landfills).

4. SCHEDULE.

4.1. Pick-up Schedules: The Contractor shall furnish and maintain, always, containers at pickup stations designated for trash (as determined by Contractor and COR) and, as a minimum the frequency outlined herein.

4.2 Refuse Schedule: Refuse collection from all containers shall be accomplished Monday through Friday, excluding Federal Holidays, between the hours of 4:00 am and 12:00 noon. The COR shall be notified in advance of any deviations from the regular schedule.

4.3 Emptied Containers: When emptied, the refuse and recycling containers shall be returned to their designated position, as they exist now at the facility or as recommended by the COR for the hospital with lids/doors replaced in the closed position. The Contractor will also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of the containers. ALL refuse on the ground within 10 feet of the container, whether spilled by the Contractor or placed there by the medical center personnel will be picked up by the Contractor during collection. The Contractor will maintain all Contractor and Government provided containers to ensure they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good working condition. The containers must remain easily accessible to customers. The Contractor will perform all cleaning, painting, repair, and other maintenance tasks off medical center premises. Trucks and trailers used for hauling and collecting will be washed OFF VA property as required to ensure that they are free of odor, dirt, leaks, debris, and pests before entering VA premises. Compactor will be pressure washed by contractor as needed.

5. Contractor-Furnished Supplies, Materials, and Equipment: The Contractor shall furnish all necessary supplies, materials, and equipment, of the size and type customarily used in work of this kind, needed for the performance of the work, except for those specifically stated to be Government-Furnished. Materials supplied by the Contractor shall be of a quality to conform to applicable Federal and State specifications.

5.1 Minimum Equipment Requirements, Existing Locations, and Pick-ups Frequency: The Contractor shall provide the services and equipment to pick-ups containers and maintain/repair/clean accessory equipment as necessary at the following locations at the frequencies (subject to Contractor change to reduce cost and improve efficiency) identified by building locations.

5.1.1 Jackson, Mississippi VAMC

5.1.1.1. Behind Plumbing Shop Site #001: 30 Cubic Yard Compactor approximate number of pick-ups per month 10.

5.1.1.2 Behind Linen Room Site #002: 30 Cubic Yard Cardboard Compactor approximate number of pick-ups per month 6. Needs to have a high opening or chute level with controls with dock. Current cardboard bundles are @ 16,000 pounds a month. Cardboard MUST be sent for recycling unless not possible due to contamination from trash improperly placed in Cardboard Compactor. Vendor Must report separately the amount of cardboard sent for recycling as part of the monthly reporting.

5.1.1.3 Behind the Pizza Shop. Pick-ups Ramp Site #003: 30 Cubic Yard Open Top Container on an as needed basis. Approximate number of pick-ups per month 12.

5.1.1.4 OFF-SITE PEARL LOCATION TO DISPOSE OF OLD FURNITURE REMOVED FROM MAIN HOSPITAL AND NOT SOLD ON GSA

(1) 30CY MSW Rolloff - approximate Serviced 2x/week

5.1.1.5 Optional Pick-ups: 30 Cubic Yard Open Container top approximate number of pick-ups per month 2.

5.1.1.6 All Self-Contained Compactors shall be picked up, washed, sanitized, and inspected at least once per month minimum, as part of the routine container maintenance.

5.1.2 The Contractor shall ensure invoices submitted for payment for services rendered shall include, as a minimum:

5.1.2.1 The date of pick-ups and service.

5.1.2.2 Trip ticket number.

5.1.2.3 Identification of service location as identified in paragraph 1 (a) – (f).

5.1.2.4 Quantity.

5.1.2.5 Total weight in pounds of municipal solid waste picked-up at each service location.

5.1.2.6 Total flat fee charge per service location.

5.1.2.7 Total Invoice Charges.

5.1.3 The Contractor shall provide a separate invoice for payment of services rendered for emergency requests.

5.1.4 The Contractor shall ensure a trip/haul ticket for each service location is dropped off in Facility Management Service, Room L-227, for every haul, prior to submitting an invoice for payment for services rendered.

5.1.5 The Contractor may receive notification for pick-ups of solid waste containers by the primary, alternate, or the solid waste-monitoring vendor listed below:

5.1.5.1 Primary COR: Joe Yawn, EMS, (601) 368-3936 EMS Administrative Officer.

5.1.5.2 Alternate COR: Assistant Chief of Environmental Management Services (EMS James Mallett, EMS, (601) 594-4014, Housekeeping Cell Phone.

5.1.6 The Contractor shall provide to the Jackson, Mississippi VAMC, copies of the following documents:

5.1.6.1 All State and Local permits and registrations required to handle, haul, or dispose of municipal solid waste.

5.1.6.2 All State and Local permits and registrations required for operation and management of a sanitary landfill for all landfills utilized.

5.1.6.3 All Federal permits and registration required in the management of municipal solid waste.

5.1.6.4 Preventative maintenance, repair, and cleaning scheduled for maintaining receivers, self-contained compactors, power-packs, and open-top containers to maintain rental equipment in an operable condition to support VA processes.

5.1.6.5 Copy of disaster or contingency plans for operation and support of this medical center during unplanned natural or man-made disaster conditions.

6. DEFINITIONS.

6.1 Refuse: Includes all garbage, debris, rubbish, and other similar waste material. Not included is regulated hazardous waste material and contaminated medical wastes.

6.2. Garbage: Animal and vegetable wastes (and containers thereof) result from the handling, preparation, cooking, and consumption of foods. Bulk amounts of used cooking oil are separated for recycling and picked up by a separate vendor, and therefore, NOT included in this Contract. Small amounts of used cooking oil may be placed in the Trash Compactor with other garbage.

6.3. Debris: Grass cuttings, tree trimmings, stumps, street sweepings, roofing, construction and demolition materials, and other similar waste material.

6.4 COR: The Contracting Officer’s Representative assists the Contracting Officer by monitoring compliance with all contract terms and conditions. The Contractor will be required to complete and return the COR Delegation of Responsibilities form to the Contracting Officer.

This form clearly states the role, responsibilities, and limitation of authority imposed on the COR. Only the Contracting Officer has the authority to negotiate changes or to modify the contract. THE COR is not authorized in any way to commit the Government.

7. APPLILCABLE DOCUMENTS. The Contractor shall comply with all Federal, State, Local, and VA environmental and hazardous laws, regulations, directives, and applicable instructions pertaining to the services required herein and to the conduct and qualifications of personnel in performance of this contract. The Contractor shall utilize safe products, equipment, and qualified personnel to ensure the health and safety of all in compliance with the Environmental Protection Agency (EPA), Occupational and Safety Hazard Administration (OSHA), and applicable state regulations.

8. TECHNICAL REQUIREMENTS. The Contractor shall schedule and perform all refuse and recycling collection and disposal services of garbage and trach for the VAMC’s in accordance with the contract, frequency and work schedule, the approved Contractor Quality Control Plan, and the required reports in accordance with the Deliverables section. All areas, which are involved in the collection and disposal services, shall be maintained in a neat, clean, uniform, and safe condition always. All power equipment shall be operated within the safety parameters as defined by OSHA. Equipment shall be operated with care when near pedestrians. Equipment shall be in working, safe, and good mechanical condition to operate on government property. There shall be no visible oil or refuse spills on the road due to Contractor carelessness or inadequate equipment. Contractor shall promptly clean-up any oil spills caused by his or her equipment while n VA Property and provide for proper disposal of waste generated from such clean-up.

9. SPECIAL COLLECTION SITUATIONS.

9.1 Unscheduled Pickups, Additional Pickups, and Special Events: In addition to the scheduled collections, the COR may request the Contractor to make unscheduled collections and disposals. For unscheduled events, the Contractor shall respond within 24 hours of the notification from the COR or his/her designee. For special events, the Contractor shall also provide (or re-position as directed) containers. These containers shall be placed in locations for length of time designated by the COIR or his/her designee. The Contractor shall be compensated at a unit rate based on the container size.

9.2 Hazardous Materials: The Contractor shall inform the Cor immediately of any hazardous materials (as defined above) found in waste streams listed in this contract that would impact the performance of this contract to ensure they are not disposed of until coordinated by the COR. The Contractor shall comply with all Federal, State, and Local environmental laws and regulations when handling hazardous materials and wastes.

10. DISPOSAL

10.1 Refuse Disposal: All refuse, bulk items, and debris shall be disposed of to a location licensed by the State where performance occurs following all Federal, State, and Local licenses and regulations for such purposes. All landfills utilized must be fully permitted to accept municipal solid waste and meet or exceed the requirements of 40 CFR Part 258 (Design Standards for Municipal Solid Waste Landfills). The Contractor shall obtain all necessary permits for disposing of refuse; and copies of these permits shall be submitted to the COR for approval. If the Contractor changes the location of the site, a new permit shall be obtained, and a copy again shall be submitted to the COR for approval. All payments for the permit shall be at the Contractor’s own expense.

10.2 Solid Waste Diversion. The VA is bound by Executive Order 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition to fully comply with the RCRA federal requirement. Solid waste diversion is a major focus of this contract and the Contractor shall be expected to work to improve the installation’s diversion rate by improving techniques, methods, and researching new markets for items not currently recycled. The Contractor shall make every effort to divert 50% of non-hazardous solid waste from disposal.

11. SECURITY

11.1 The C&A requirements do not apply, and a Security Accreditation Package is not required.

11.2 Should documents containing personally identifiable information be identified, the Contractor shall IMMEDIATELY segregate and secure the affected items and notify the COR and the Facility’s Privacy Officer. Please contact the Facility’s COR for the Privacy Officer’s contact information.

12. EVIDENCE OF INSURANCE COVERAGE.

12.1 Before commencing work under this contract, the Contractor shall furnish certification to the Contracting Officer that the coverage required have been obtained and such policy shall state “THIS POLICY MAY NOT BE CHANGED OR CANCELLED WITHOUT WRITTEN NOTICE TO THE VA.”

13. PERSONNEL REQUIREMENTS.

13.1 Project Manager or Supervisor: The Contractor or designated qualified personnel, such as a Project Manager or Supervisor and any substitute(s), shall effectively communicate with all Government and Non-Governmental personnel and shall have full authority to act for the Contractor on all contractual matters relating to the daily performance of the contract; and to receive, accept, and sign for any notices, inspection reports, and all other correspondence on behalf of the Contractor from the COR/Contracting Officer. This individual shall serve as the central point of contact for the Government and shall oversee the collection operations and monitor, ensure that all work is performed in accordance with the contract, and shall maintain the work specification requirements, scheduling, inspections, and safety standards. This individual shall always be available when the contract work is in progress, if needed and shall have the ability to respond to the site, when needed, to monitor work progress, and for any other emergency required. The Contractor or designated qualified personnel shall return calls to the COR within 1 hour of being contacted. This individual shall provide the COR his or her government-own cellular phone number or beeper to be reached during normal workday hours. The resume of the individual(s) shall be submitted with the Contractor’s quote in accordance with the Deliverables Section.,

13.2 Worker’s Safety, Security, and Use of Premises: The refuse collection workers will be working on a governmental installation and shall be familiar with and obey established fire, safety, environmental, and security regulations. All employees shall always wear a distinctive uniform. The Contractor shall ensure all employees look neat and wear safety equipment/clothing while collection is in progress. The Contractor shall provide a list of employees’ names in accordance with the Deliverables Section.

13.3 Safety Practices: The workers shall ensure that the work area is always clearly marked and take the necessary precautions to ensure safety hazards are minimized and migrated. the Workers shall perform and conduct the work to minimize obstructions to the paved driveways, parking and walkway areas, and/or other hospital operations. All refuse collection workers must wear, as a minimum all appropriate personal protective equipment and follow all applicable Local, State, and Federal safety and health regulations during the duration of the contract.

13.4 Protection of Property: The workers shall protect the existing surrounding equipment, personal belongings and property during this work. Any damages caused by the workers shall be corrected at the Contractor’s own expense. The Contractor shall repair any damage incurred to turf, vehicles, landscaping, building, utilities or pavement, because of his work, at no additional cost to the Federal Government.

13.5 Spills. Contractor shall be responsible for the clean-up and proper disposal of any spills caused by his or her operations. INCLUDING leaks/spills from Contractor vehicles that occur while on VA Property.

14. CONTRACTOR QUALITY CONTROL(QC) REQUIREMENTS.

14.1 The quality of control program is the driver for product/service quality in this contract. The Contractor shall develop a comprehensive program of inspections and monitoring actions. The first major step t ensuring a “self-correcting” contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the Contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

14.1.1 The Quality Control (QC) program/inspection system shall encompass all function of the contract. The Contractor shall develop and implement quality control procedures addressing the areas identified in the requirements herein and implement procedures to identify, prevent, and ensure non -recurrence of defective services. The Contractor’s management and the VAMC CO shall be informed of all issues affecting the quality of service, which shall include timeliness and effectiveness of corrective actions implemented. The contractor shall provide a copy of the quality control inspection record to the CO and COR for review and approval, at least 10 working days prior to the start of the contract.

15. GOVERNMENT QUALITY ASSURANCE REQUIREMENTS.

15.1 Fundamental Government Responsibilities: The Contracting Officer Technical Representative (COR) is responsible for representing the Contracting Officer for all facets of the services required. The COR will carry out the inspections, reviews, and approvals, handle deficiencies, and ultimately accept on behalf of the Contracting Officer. The functions of the COR are identified below. Government personnel, other than the Contracting Officer and the Cor, from time to time, may observe the Contractor’s operations. However, these personnel may not interfere with the Contractor’s performance.

15.2 General Quality Assurance Functions: To facilitate the surveillance of the Contractor’s Quality Control Program by the Government the COR will verify Contractor compliance with designated performance requirements contained in the Service Requirements Summary (SRS) herein. The COR will review the critical requirements to assess their applicability and recommend the addition or deletion of requirements as conditions warrants. In addition, for noncompliance and/or untimely corrective action to deficiencies of specific tasks, the Contractor shall be subject to re-performance (at the company’s expense) and/or an inspection fee. With this intent, the surveillance approach may not be one that stays the same throughout the duration of the contract. The COR will periodically update the surveillance approach when the need arises. The COR will inspect the Contractor’s QCP daily for compliance with requirements herein.

15.3 Service Requirements Summary (SRS): The Contractor’s Service Requirements are summarized into Performance Objectives that relate directly to mission essential items as identified in the contract. These thresholds are critical to mission success.

Performance Objectives

Collect and Dispose of refuse materials in accordance with the established schedule. Respond in accordance with the contract to additional and unscheduled pickups.

Set up quarterly meeting with COR to discuss contract service and performance improvements.

All spillage removed, which is any refuse or debris dislodged from containers and/or solid waste collecting equipment during collection and disposal; and containers returned to original location, in an upright position with lids securely in place.

Correct missed pickups within 24 hours.

Submit a complete detailed electronic monthly Solid Waste reports in a timely manner.

Reduce landfill costs and use through Solid Waste Diversion.

Divert 50% of non-hazardous solid waste from disposal.

Divert 50% of construction and demolition materials from disposal.

15.3.1 The above comprises the Government’s Quality Assurance Surveillance Plan (QASP), which has been developed to evaluate Contractor’s actions and is designed to provide an effective surveillance method of monitoring Contractor performance requirements written in this specification for this service. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish. The QSAP is based on a premise the government desires to maintain a quality standard for this service contract. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of Government is to ensure contract quality assurance standards are achieved.

16 NARA Records Management Language Clause:

The following standard items relate to records generated in executing the contract and should be included in a typical contract:

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. G.V. Sonny Montgomery VAMC (GVSMVAMC) 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 [Agency] 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 [Agency]. 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. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSMVAMC and Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be place in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] 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 [Agency] 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 GVSMVAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public GVSMVAMC 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. The GVSMVAMC 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 GVSMVAC 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 [Agency]-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. TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

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