36C25719Q0423-0001001.docx

STATEMENT OF WORK (SOW)

Regulated Medical Waste Removal and Sharps Container Treatment/Recycling

For

South Texas Veterans HealthCare System (STVHCS)

1. Introduction: This basic contract Statement of Work (SOW) defines the scope of a full range of collection, disposal and recycling of regulated medical and sharp waste. The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, other items and services necessary to perform Regulated Medical Waste Removal, Sharps Container Treatment/Recycling, and Final Disposal for the South Texas Veterans Health Care System (STVHCS). This requirement is based on the needs of the government and can be modified during the performance period (Base Year + Option Years) to comply with the current conditions of the healthcare system and its associated facilities outlined within this SOW.

2. Performance Period: The contractor shall complete required work detailed in this SOW upon contract award, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier date, and the Government accepts the contractor’s proposal, the contractor’s proposed date shall prevail. The performance period of the contract shall be 06/01/2019 thru 5/31/2020, plus four option years.

3. Type of Contract: This is a firm fixed contract with one base year, plus four option years (Table 1).

Table 1

4. Schedule of Services: Below is a schedule of services for the Base Year and option periods of this contract (Table 2). Contractor monthly pricing will include providing containers at locations listed in Attachment 1, collection, transport and disposal methodology depending on type of medical waste.

Daily Work Hours. Services are expected to be performed between the hours of 6:00 AM and 10:00 AM, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled pick-up falls on a holiday the contractor shall provide service the next business day.

Table 2

5. South Texas Veterans Health Care System facilities. Different waste streams, volumes and operation characteristics may exist in facilities identified in Table 3. Waste stream locations are found in Attachment 1.

Audie L. Murphy Medical Center, 7400 Merton Minter Blvd, San Antonio, Texas, 78229

Kerrville Medical Center, 3600 Memorial Blvd, Kerrville, Texas, 78028

Frank Tejeda Outpatient Clinic, 5788 Eckert Road, San Antonio, Texas 78240

Balcones Heights Outpatient Clinic, 4522 Fredericksburg Rd, San Antonio TX 78201

Villa Serena, 4455 Horizon Hill Blvd San Antonio, Texas, 78229

South Bexar Outpatient Clinic, 4610 E. Southcross Blvd, San Antonio, TX 78222

Audiology, Dental and Eye Clinic, 8410 Data Point, San Antonio, TX 78284

North Central Federal Outpatient Clinic, 17440 Henderson Pass, San Antonio, TX 79232

Shavano Park Outpatient Clinic, 4350 Lockhill Selma Rd, San Antonio TX 78249

Victoria Outpatient Clinic, 1502 E. Airline Suite 40, Victoria, Texas 77901

Poly-Trauma Rehab Program, 4949 Gus Eckert Rd, San Antonio, TX 78240

Fisher House, 7485 Wurzbach Parkway, San Antonio, TX 78229

Table 3

6. Historical Data. The following FY18 historical data is provided as estimates and does not reflect full expectations of annual weights (pounds).

Table 4

7. Scope. The Contractor shall be responsible for ensuring their proposed service solution will effectively achieve performance requirements.

a. System and/or equipment procedures designed by the Contractor shall ensure separation and preparation of waste streams for removal through final disposal.

b. The Contractor shall provide a contingency plan for the disposal of medical waste. Provide recommendations and solutions to ensure the facilities develop onsite treatment of medical waste disposal, sharps disposal, used needle disposal, bio-hazard disposal, regulated waste disposal, bio-hazard cleanup infectious waste disposal for catastrophic disaster (Pandemic influenza plan, fire, flood or terrorism).

c. The Contractor’s methodology shall encourage recycling to the greatest extent possible. Any reduction in the volume of waste disposed and/or an increase in items recycled are encouraged.

8. Container Phase-in and Phase-Out. In the event a new service provider is awarded other than the incumbent, the Contracting Officer’s Representative (COR), Contracting Officer (CO), incumbent contractor and new contractor will coordinate the phase-out and phase-in of sharps and medical waste containers. The phase-out and phase-in period shall be accomplished within 30 calendar days of the start of the period of performance, unless otherwise authorized by the CO. Installation of all containers shall proceed in accordance with the accepted phase-out and phase-in schedule. The new contractor will submit the schedule for acceptance to the COR. The COR will ensure to provide to old contractor for any inputs, concerns, or unavailable dates. The CO will intervene as necessary to ensure a smooth transition. No area, room or location will be without a container by close of duty day.

9. Container description and service. The Contractor shall provide containers at all locations identified in Attachment 1.

a. The Contractor assumes all responsibility for the routine collection, in-house transportation, and disposal or recycling and final destruction of medical sharps, regulated medical and pharmaceutical waste. Collection of material at the VA sites shall be individually scheduled with on-site CORs in Environmental Management Service (EMS).

b. An initial collection schedule shall be executed daily during the first 30-day contract period at all locations identified herein. The Contractor shall submit a proposed revised collection schedule after initial 30-day period ensuring all containers and locations do not exceed ¾ full. Contractor’s pick-up schedules shall be coordinated and provided to VA CORs.

c. In the event a container is identified as full or overflowing, the contractor must be available to respond within 4-hrs by the COR at no additional cost to the government.

d. The Contractor is responsible for all sharp’s container inventory levels, ensuring that all required containers are available during each service period.

e. The Contractor shall provide a full-service sharps management program to include the recycling of sharps containers. The Contractor shall be solely responsible to ensure area/rooms have satisfactory capacity for disposal of sharps between servicing and adequate supply of sharps containers during each service period.

f. The Contractor shall supply flame retardant reusable sharps containers to meet National Fire Protection Association (NFPA) regulations for patient room installation.

g. Contractor shall supply sharps containers which have horizontal/vertical drop openings, are rigid, heavy duty, puncture resistant, leak proof on sides, bottom and able to be closed for transport. Containers must be secured throughout the entire process.

h. Contractor shall supply sharps containers with a viewing top so that clinicians can see the level of sharps in the container while remaining aesthetically pleasing to patients and visitors.

i. Contractor shall provide and install uniform outer cabinets for all wall mounted container sizes. Outer cabinets must enclose the sides and bottom portions of all containers to ensure safety and aesthetics. Contractor shall provide outer cabinets that incorporate a key locking system to ensure that no wall mounted container is removed by unauthorized personnel. The VA reserves the right to inspect Contractor’s facility site(s), equipment, and disposal facilities at any time. All permits, including disposal permits, licenses, and insurance of the disposal site(s) shall be included in the proposal submitted. Contractor shall submit annually, updated documents as they are renewed.

j. Contractor shall provide outer cabinets and containers that comply with federal, state and local regulations regarding labeling. Contractor shall responsible for cleaning of the cabinets and containers. All cabinets and containers will be clearly labeled with the biohazard symbol and the word BIOHAZARD.

k. Contractor shall provide reusable sharps containers, container outer cabinets, outer cabinet installation, equipment, and proper vehicles as legally required, for the transportation of sharps waste to disposal site(s). Contractor vehicles shall be operated only by licensed operators and only on paved roadways, unless otherwise authorized by the VA Contracting Officer Representative’s (COR’s).

l. The Contractor shall provide Medical Waste containers/tubs to include the red liner biohazard bags, appropriate packaging labels, and cardboard boxes. The contractor for the packaging of medical waste transportation shall provide reusable containers.

m. Transport carts to service all VA facilities shall be provided by the contractor, all carts shall be disinfected after each use.

10. Collection and disposal documentation. The Contractor shall furnish all required controlled documents to the VA COR and the respective facility promptly after final disposal. After contract award, the Contractor shall conduct an annual site visit of their respective disposal/recycling sites, to verify capability and compliance.

a. The Contractor shall coordinate marking, packaging, and providing proof of disposition for medical waste, antineoplastic drugs, and pathological waste, in strict accordance with all local, state, and federal laws.

b. The Contractor shall provide necessary documentation to ensure compliance with Joint Commission requirements related to items under this contract.

c. The contractor shall ensure storage, pick up, transportation and disposals are performed in accordance with all local, state, and federal laws, regulations and codes.

d. The Contractor shall provide VA COR’s with documented proof that transportation and disposal of such waste in accordance with applicable legal requirements. Proof of all legally required permits, licenses, insurance, manifests, or any other documentation so required by law, shall be provided and furnished to the VA CORs.

e. The Contractor shall notify the VA CORs of any change or alteration to Contractor’s permits and licenses for facilities, (including but not limited to disposal sites), or for any change in status which may affect Contractor’s performance and in performance of obligations under this contractual agreement.

f. The Contractor’s services, as required by this contract, shall be in accordance with all Department of Transportation (DOT), Environmental Protection Agency (EPA), Department of Health (DOH), Department of Environmental Conservation (DEC), Food and Drug Administration (FDA) and applicable Federal, State and Municipal governmental regulations and codes that are applicable, but different in scope, are to be all complied with and shall be strictly adhered to, shall include:

Transporter must provide container water-resistant labeling of regulated waste with the following information: Name of Transporter or immediate handler and State permit or identification number of the transporter.

No intermediate handlers or subcontracting of collection and/or transportation is allowed without obtaining prior approval from the VA CORs.

Contractor shall sign, date, and furnish a copy of the manifest, prior to any medical regulated waste leaving the pickup sites. The manifest will be broken down reflecting quantity / volume of sharps and medical waste being disposed. Contractor shall ensure manifest certification matches the removed material, transport waste to an authorized facility, and sign the manifest to verify that medical waste has been delivered. Contractor shall also maintain a copy of the manifest for their records, return all remaining copies of the manifest to the generator, assuring final disposal.

g. Contractor shall supply documentation assuring all employees are trained according to applicable Federal, State and local regulations and supply training updates to VA CORs.

h. Contractor shall have enough backup equipment and manpower to perform contractual obligation under adverse or emergency conditions, backup equipment and manpower shall be listed on the equipment and manpower list submitted with proposal.

i. Contractor shall have and submit with proposal, a listing of disposal site(s), backup disposal site(s), along with copy of permits. Contractor shall submit backup disposal site(s) permits annually thereafter.

j. Contractor shall provide all locations with the following reusable sharps containers, outer cabinets, and/or wire racks in approximate size, locations, and quantities:

Red:

2-Gallon reusable container 3-Gallon reusable container 8-Gallon trap or funnel top container 17-Gallon reusable container

Yellow:

17-Gallon single-use container

White:

17-Gallon single-use container

k. The Contractor will provide a transition plan for coverage of all locations that use bio-waste containers and the process to expand total containers due to increased work load or establishment of new clinical space.

l. Contractor’s reusable sharps containers, collection, reprocessing of containers and disposal of waste must comply with all applicable Federal, State and local regulations including but not limited to the following standards:

Occupational Safety and Health Administration (OSHA), including but not limited to Blood Borne Pathogens Standard 29 CFR 1910 and 1030, and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable sharps containers.

Department of Environmental Conservation (DEC), Food and Drug Administration (FDA) including, but not limited to Title 21 of the Code of Federal Regulation (CFR) and Quality Systems Regulation (QSR) regarding reprocessing, validation reporting and annual registering for all equipment used to release medical equipment into commerce.

11. Federal, state and local regulations:

· The United States Environmental Protection Agency (EPA) rules and guidelines

· The National Environmental Policy Act (NEPA), 42 USC, §§4321 - 4370e (1969, as amended).

· The Resource Conservation and Recovery Act (RCRA), 42 USC, §§6901 - 6991i (1976, as amended).

· The Texas Solid Waste Disposal Act (TSWDA)-, THSC, Chapter 361.

· Clean Water Act, Federal Water Pollution Control Act (CWA), 33 USC, §§1251 - 1387 (1977, as amended).

· The Texas Administrative Procedure Act (APA)-, Texas Government Code, Chapter 2001.

12. EQUIPMENT MAINTENANCE: The contractor shall maintain all contract provided containers and cabinets ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers and cabinets must remain in good, workable condition.

13. QUALITIY CONTROL: The contractor shall develop and maintain a quality control program to ensure contracted services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective service.

14. QUALITY ASSURANCE: The government will periodically evaluate the contractor’s performance by appointing a COR to monitor and ensure performance of services are received. The COR will evaluate the contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and validation of customer complaints. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

The Contractor will provide a Quality Assurance plan for review and insure control measures are meet and evaluated for completeness. The Quality Assurance plan shall systematically monitor and evaluate various aspects of the service ensuring standards of quality are being met.

15. PERSONNEL REQUIREMENTS: The Contractor shall designate and provide name(s) and phone numbers of contact person(s), and a backup, as representatives of the Contractor. The Contractor shall provide qualified employees who will conduct and/or supervise the removal and pickup of all regulated sharps waste from all VA locations.

16. CONTRACTOR SUBMITTALS:

Contractor shall have sufficient backup equipment and manpower to perform contractual obligation under adverse or emergency conditions and such backup equipment and manpower shall be listed on the equipment and manpower list submitted with proposal.

Contractor shall have and submit with proposal, a listing of disposal site(s), backup disposal site(s), along with copy of permits. Contractor shall submit backup disposal site(s) permits annually thereafter.

Contractor shall supply documentation assuring that all its employees are trained according to applicable Federal, State and local regulations and supply training updates to COR.

17. STX671-01 LOW RISK-CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (May 2010)

a. All contractor employees who require access to the Department of Veterans Affairs’ computer systems or routine access to VA Facilities shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access.

b. Position Risk and Sensitivity Designations – Shall be determined by Contracting Officer’s Technical Representative (COTR) in accordance with VHA Directive 0710 Appendix A. The position sensitivity for this contract has been designated as LOW RISK

c. Position Risk and Sensitivity Designations are directly tied to background investigative requirements.

· A position designated as Low Risk requires a National Agency Check with Inquires (NACI).

· A position designated as Moderate Risk requires a Minimum Background Investigation (MBI).

· A position designated as High Risk requires a Background Investigation (BI).

18. CONTRACTOR RESPONSIBILITIES:

a. The contractor shall prescreen all personnel requiring access to the computer systems or routine access to VA facilities to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

b. After award and prior to contract performance, contractor shall submit to the Contracting Officer’s Representative all required information to initiate background check by completing the latest version of Local Background Check Request Form for each employee providing services under this contract. This form shall be provided by the COR.

c. Contractor shall notify the COR prior to changing/adding new contract personnel by submitting a new Local Background Check Request Form.

d. The Contractor, when notified of an unfavorable determination by the Government shall withdraw the employee from consideration of working under this contract.

e. The contractor shall submit the following required forms to the VA Office of Security and Law Enforcement as outlined within automatic email notification identifying the web site link following the detailed instructions regarding completion of the application process. This includes:

· Standard Form 85, Questionnaire for Non-Sensitive Positions

· If needed, Continuation Sheet for Questionnaires Standard Form 86A

· FD 258, U.S. Department of Justice Fingerprint Applicant Chart; OR schedule to have electronic fingerprints as coordinated by COTR

· VA Form 0710, Authority for Release of Information Form

· Optional Form 306 (2 Copies), Declaration for Federal Employment (one copy submitted to office conducting electronic fingerprinting)

· The Contractor shall ensure that all personnel requiring computer access will complete the VA’s Cyber Security Training and Privacy training prior to obtaining computer access and annually thereafter.

· Failure to comply with the contractor personnel security requirements may result in termination of the contract.

19. GOVERNMENT RESPONSIBILITIES:

a. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor’s employees after receiving a background investigation request. The COR shall submit Local Background Check Request Form to Contracting to initiate request in the Contractor Request Database (CRD).

b. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. The forms will be returned to the Contractor if incomplete or inaccurate.

c. The VA Office of Security and Law Enforcement will notify the Contracting Office and contractor after adjudicating the results of the background investigations received from OPM.

d. The Contracting Office will file and secure evidence that investigations have been completed or are in the process of being requested appropriately.

e. The COR shall ensure that all personnel requiring computer access have completed the VA’s Cyber Security Training and VA’s General Privacy Training and signed Rules of Behavior, prior to obtaining computer access and annually thereafter; hard copies provided to contract officer by contract number.

20. STX671-02 PERSONAL SECURITY VERIFICATION (PIV) CARD AND/OR SECURITY BADGE REQUIREMENTS FOR CONTRACTOR EMPLOYEES (FEB 2010)

DEFINITIONS. As used in this clause –

a. Access means routine, unescorted physical entry into, and to the extent authorized, mobility within a Government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology.

b. Contractor employee means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.

c. Facility and Government facility mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the federal government.

d. Information technology means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/applications and general support systems as defined by OMB Circular A-130, owned by VA or owned and operated on VA’s behalf by another party.

Access to VA Facilities or Systems.

a. General. The performance of this contract requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee will be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.

Citizenship-related requirements. If required by the contract, each affected contractor employee shall be:

- A United States (U.S.) citizen; or

- A national of the United States (see 8 U.S.C. 1408); or

- An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151.

EMPLOYEE BACKGROUND INFORMATION.

For each contractor employee that has access to VA facilities or systems, the contractor shall coordinate with assigned Contracting Officer’s Representative (COR) to schedule electronic finger printing and initiate a Special Agreement Check (SAC). The COR will provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining Security Badges or PIV Cards.

After completion of the fingerprint check, the Contracting Officer will notify the contractor in writing if any contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the contractor shall not allow such employees to perform work on this contract.

Security Badge or PIV Cards

VA will issue a Security Badge or PIV Card to each contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or PIV Card. Contractor employees that require logical access and email address in VA systems, access to sensitive records, sensitive physical access or common physical access of greater than 6 months, or considered as a fulltime equivalent will require PIV Card, requiring background investigation (NACI) and SAC.

VA will issue Non-PIV Security Badges to contractor employees that require logical access with no email address in VA systems, access to sensitive records, sensitive physical access or common physical access of less than 6 months, or not considered as a fulltime equivalent will require non-PIV Card, requiring SAC. This card is issued with expiration date of 6 months or less.

Security Badge or PIV Cards shall identify individuals as contractor employees. Contractor employees shall always display their Security Badge or PIV Cards on their persons while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel.

The contractor shall be responsible for all Security Badge or PIV Cards issued to the contractor’s employees and shall immediately notify the COR if any Security Badge or PIV Card(s) cannot be accounted for. The contractor shall notify the COR immediately whenever any contractor employee no longer has a need for his/her VA-issued Security Badge or PIV Card (e.g., employee terminates employment with the contractor, employee’s duties no longer require access to VA facilities). In such cases, the COR will instruct the contractor on how to return the Security Badge or PIV Card. Upon expiration of this contract, the COR will instruct the contractor on how to return all VA-issued Security Badge or PIV Cards not previously returned. The contractor shall not return Security Badge or PIV Cards to any person other than the COR.

Control of access. VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to VA facilities and systems. The Contracting Officer will notify the contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee’s Security Badge or PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The VA will not give the contractor the reason for requiring the removal of the unsuitable contractor employee but can provide the applicant the phone number to call the FBI to receive a copy of the SAC report used for this determination. The Government shall not be responsible for any costs incurred by the contractor because of removing such employee from the subject contract.

Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default.

a. All contract personnel shall be instructed that smoking is prohibited in building and only allowed in designated outside smoking areas as identified.

b. All conduct of contract personnel shall be respectable and sensitive to patients, visitors and VA Personnel.

PRIVACY: Upon the incidental discovery of any patient sensitive information found during the term of this contract, the contractor shall secure the material and notify the COR immediately. The Facility Privacy Officer and COR shall make the necessary arrangements to retrieve the material such as (Patient medical records, and documents with SSN and Names).

INFORMATION SYSTEMS OFFICER, INFORMATION PROTECTION: The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

RECORDS MANAGEMENT:

Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 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.

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.

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.

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.

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

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

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 enough technical documentation with all data deliverables to permit the agency to use the data.

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.].

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.

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.

Compliance with Hospital Policies and Procedures: Contractor’s will adhere to all hospital policies and procedures related to non-smoking except in designated areas and the requirement for using I.D. badges. In addition, the contractor must also adhere to the Information Security, Records Management and Privacy local and national policies prescribed herein:

Information Systems Officer, Information Protection: The contractor will not have access to VA desktop computers nor will they have access to online resources belonging to the government while conducting services in the application of complex adaptive systems theory to health care organizations. The certification and accreditation requirements do not apply to this procurement nor is a security accreditation package required.

Privacy Officer: The contractor will have access to Patient Health Information (PHI) and will have the capability of accessing patient information during the services provided to the VA. All documents accessible to the Contractor will be de-identified through the destruction of the sensitive information which is the purpose of this contract.

Records Manager: The following standard Items relate to records generated in executing this contract and should be included:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 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.

1. 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.

1. 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.

1. 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.

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

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

1. 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 enough technical documentation with all data deliverables to permit the agency to use the data.

1. 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.].

1. 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.

1. 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.

21. GOVERNMENT HOLIDAYS:

a. The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

b. In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President’s Proclamation

c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

22. PROGRAM OFFICE POINTS OF CONTACT:

a. Contracting Officer’s Representative (COR): Brian McDonald, Administrative Officer – EMS, 210-617-5142, brian.mcdonald3@va.gov

b. Supervisory POC: Joseph Connolly, Deputy Chief – EMS, 210-617-5300 x15142, joseph.connolly@va.gov

END OF STATEMENT OF WORK