36C25719Q0726-001.pdf

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Integrated Pest Management Services
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36C25719Q0726
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STATEMENT OF WORK (SOW)

Integrated Pest Management Services

INTEGRATED PEST MANAGEMENT (IPM)

1. Description.

The South Texas Veterans Health Care System (STXVHCS) has a need for a comprehensive Integrated Pest Management (IPM) program. IPM is a process for achieving long term, environmentally sound pest suppression through the use of a wide variety of technological and management practices.

Control strategies in an IPM program extend beyond the application of pesticides to include structural and procedural modifications that reduce the food, water, harborage, and access used by pest. Contractor provided IPM program will be utilized as stated within this Statement of Work.

2. Introduction and Background.

The contractor shall provide all management, licenses/certifications, laboratory testing, tools, supplies, equipment, transportation, supervision and labor to develop and implement an IPM program for pest control services at locations listed in table 1.

Audie L. Murphy Medical Center, 7400 Merton Minter Blvd, San Antonio, Texas, 78229-4404 Kerrville Medical Center, 3600 Memorial Blvd, Kerrville, Texas, 78028 Villa Serena, 4455 Horizon Hill Blvd San Antonio, Texas, 78229-4404 Poly-Trauma Rehab Program, 4949 Gus Eckert Rd, San Antonio, TX 78240 Fisher House, 7485 Wurzbach Parkway, San Antonio, TX 78229

Table 1 – Pest Management Locations

Service shall be performed in a manner that shall ensure the health and general well-being of hospital staff, medical staff, patients, visitors and their families, and effectively control pests. Pest control services shall be performed in accordance with (IAW) commercial and Department of Veterans Affairs (DVA) standards.

3. Service Request Procedures.

All pest control service requests shall be submitted to the contractor via log book kept in the Environmental Services offices at the Audie L. Murphy Campus, by toll free telephone number, or by government approved electronic communication. In addition to making rounds and checking/replacing monitors (bait boxes, fly lights, traps, glue boards, etc.) throughout the STX VHCS, the Contractor shall check the Pest Control Log Book daily for all reports contained herein and report to Contracting Officer Representative (COR) or designee upon arrival and fill out the log book with the remedies applied for each reported incident. All glue boards used in the administration of this contract shall have the date placed clearly marked and shall be changed at minimum on a bi-weekly basis or when pests are present on the monitors. The Pest Control Technician must also report to the COR prior to departure from the installation to ensure all reports of pests have been addressed in a manner suitable to the Government IAW the contract.

4. Hours of Operations.

The contractor shall provide sufficient personnel to cover all required services during normal hours of operation which are specified below. Emergency Services may require work on Holidays, Saturday and/or Sunday.

4.1. Audie L. Murphy Campus (ALMC), 7400 Merton Minter Blvd, San Antonio, Texas 78229-4404.

Contractor shall be on-site daily Monday-Friday for 4-hours (between the hours of 7:00 AM CST and 4:00 PM CST) except for Federal Holidays. Contractor shall provide a comprehensive plan to ensure all areas of the facility are maintained in a state free of pests by providing integrated pest management (IPM) and routinely inspecting and treating as appropriate. Not less than (100) glue board monitors will be in place at any given time at ALMC (locations subject to approval from COR). There shall be a minimum of 20, but not to exceed 30, fly lights in which the contractor shall be responsible for maintaining bulbs when replacement is needed (i.e. bulb becomes inoperable) as well as replacing glue board on a bi-weekly basis. Contractor shall also provide (20) exterior bait stations to monitor pest activity exterior of the buildings.

4.2. Fisher House (FH), 7485 Wurzbach Parkway, San Antonio, Texas 78229-4404.

Contractor shall be on-site as needed and at least every Wednesday for not less than 2-hours (between the hours of 7:00 AM CST and 10:00 AM CST) except for Federal Holidays. Should Wednesday be a federal holiday, contractor shall be on-site the day before or after federal holiday. Contractor shall provide a comprehensive plan to ensure all areas of the facility are maintained in a state free of pests by providing integrated pest management (IPM) and routinely inspecting and treating as appropriate. The contractor must also provide at least 20 glue board monitors throughout the interior of FH (locations subject to approval from COR). Contractor shall also provide (5) exterior bait stations to monitor pest activity exterior of the building.

4.3. Polytrauma Transitional Rehabilitation Program (PTRP), 4949 Gus Eckert Road, San Antonio, Texas 78240-4404.

Contractor shall be on-site as needed and at least every Thursday for not less than 2-hours between the hours (between the hours of 7:00 AM CST and 10:00 AM CST). Should Thursday be a Federal Holiday Contractor shall be on-site the day before or after Federal Holidays. Contractor should provide a comprehensive plan to ensure all areas of the facility are maintained in a state free of pests by providing integrated pest management (IPM) and routinely inspecting and treating as appropriate. The contractor must also provide at least 20 glue board monitors throughout the interior of PTRP (locations subject to approval from COR). Contractor shall also provide (5) exterior bait stations to monitor pest activity exterior of the building.

4.4. Villa Serena Domiciliary, 4455 Horizon Hill, San Antonio, Texas 78229-4404.

Contractor shall be on-site as needed and at least every Tuesday for not less than 2-hours between the hours (between the hours of 7:00 AM CST and 10:00 AM CST). Should Tuesday be a Federal Holiday Contractor shall be on-site the day before or after Federal Holidays. Contractor should provide a comprehensive plan to ensure all areas of the facility are maintained in a state free of pests by providing integrated pest management (IPM) and routinely inspecting and treating as appropriate. The contractor must also provide at least 20 glue board monitors throughout the interior of Villa Serena Domiciliary (locations subject to approval from COR). Contractor shall also provide (5) exterior bait stations to monitor pest activity exterior of the building.

4.5. Kerrville Campus (KC), 3600 Memorial Blvd, Kerrville, TX 78028.

Contractor shall be on-site 3-days per week for 4-hours per day between the hours (between the hours of 7:00 AM CST and 4:00 PM CST) on Monday, Wednesday, and Friday except for Federal Holidays.

Contractor shall be on-site the day before or after Federal Holidays. Contractor provide a comprehensive plan to ensure all areas of the facility and grounds are maintained in a state free of pests by providing integrated pest management and routinely inspecting and treating as appropriate. All grounds and exterior buildings located on the Kerrville Campus shall be serviced to include, but not limited to the following:

Building 1 – Logistics Building 18 – Laundry Building 2 – Education Building 19 – Boiler Plant Building 22 – Paint Shop Building 46 – Transportation Building 29 – Engineering Building 114 - Warehouse Building 96 – KTC

The contractor must also provide at least 100 glue board monitors throughout the interior of KC (locations subject to approval from COR). Contractor shall also provide (30) exterior bait stations to monitor pest activity exterior of the building.

5. Objective.

Pest control services shall be performed IAW commercial and Department of Veterans Affairs (DVA) standards, as stated in VHA Handbook 1850.02 (Pest Management Operations) and the Facility Integrated Pest Management Operations Guide. Service shall be performed in a manner that shall ensure the health and general well-being of hospital staff, medical staff, patients, visitors and their families, while focusing on utilizing the most environmentally friendly and effective means to control pests.

6. Major Requirements.

6.1. Integrated Pest Management Plan.

The contractor shall develop and submit an IPM plan within 30-days of contract start date and submit any proposed change to the plan to the COR at least 30-days prior to the proposed change for consideration by all of the relevant stakeholders prior to any update or significant change to the plan which effects the equipment, strategies and or chemicals utilized in the provision of the integrated pest management services. The updated plan shall be approved by the COR and the stakeholders within 30-days of submission. The IPM plan shall be coordinated to make the best use of pest and environmental information and pest control methods to reduce and or eliminate as much as practical the use of pesticides, and thus reduce the possible hazards to people, property, and the environment.

The contractor’s IPM plan shall establish the strategy and methods for conducting a safe, effective and environmentally sound pest management program. In developing the IPM plan, the contractor shall address preventative measures, continuous monitoring, pest response and removal procedures, record keeping, warranties, pest education and communication to prevent pests and disease vectors. The IPM approach shall use targeted (effective and environmentally sound) methods including habitat/facility modification, biological/genetic/cultural control, mechanical/physical control, and where necessary with the judicious use of the least hazardous pesticides following all Federal, State, County and local requirements.

A list of all proposed pesticides to be used for pest control services shall be included in the IPM plan. The contractor shall only use pesticides from Federal listings approved by the COR. The contractor shall supply electronic copies of Safety Data Sheets (SDS) and Chemical Labels to the COR within 30-days prior to the start date of each contract year.

The Contractor shall review and update the plan annually and as strategies or chemicals change for all pest control categories. The updated IPM plan shall be submitted to the COR within 30-days prior to the start date of each contract year.

Approved exclusion methods of preventative pest management include the following:

a. Bait Stations

b. Spikes

c. Netting

d. Bird Slides

e. Light Traps with attractants (exterior and interior)

f. Air Curtains

g. Sonic Devices

Approved compounds for pest control shall be the following:

a. Boric Acid

b. Disodium octaborate tetrahydrate

c. Silica gels

d. Diatomaceous earth

e. Non-volatile insect and rodent bait in tamper-resistant containers

f. For crack and crevice treatment only microbe-based insecticides, pesticides made with essential oils (not including synthetic pyrethroids) without toxic synergists, and materials for which the inert ingredients are non-toxic and disclosed.

Materials proposed for pest control shall not be determined by the EPA (Environment Protection Agency) as a probable, likely or known:

a. Carcinogen

b. Endocrine Disruptor

c. Mutagen

d. Reproductive toxin

e. Developmental neurotoxin

f. Immune System toxin

g. Toxicity I or II pesticide

h. In the organophosphate or carbamate chemical family

i. Contain inert ingredients categorized as “List 1: Inert of Toxicological concern.”

6.2 Pest control actions.

Record all activities on a facility-specific log sheet.

Infestation from outside: Pest Management shall begin outside the building.

Therefore, survey the exterior of the building for cracks, crevices, holes in external walls, and poor seals at doors and windows. Report all suspected areas to the COR for correction.

When a pest problem is identified, baits, traps, air curtains and other excluders shall be the first line of defense. Traps for both insects and rodents shall be carefully and strategically placed and monitored.

When necessary, a pesticide product specific to the species being eliminated shall be used. The building and site shall be regularly inspected for pests at a minimum as required herein. Any pests observed shall be monitored and the need for pesticides shall be evaluated and documented.

Provide recommendations to reduce likelihood for infestation, including sanitation, structural repairs, mechanical controls, or living biological controls, so as to provide alternatives to chemical options.

The above mechanical methods of prevention should be actively placed at entrances, doors and other areas in order to prevent infestation from occurring in the building or the grounds. The above compounds can be applied without giving notice to building occupants.

In addition, the IPM plan shall comply with all applicable EPA, Occupational Safety and Health

Administration (OSHA), federal and state/local regulatory guidance on pesticide usage, disposal and applications.

7. Basic service.

7.1. Common pest. Common pests are described as any insect, invertebrate, arachnid, rodent, mammal, bird, or snake that causes an economic loss, or presents a hazard. These pests include mice, rats, squirrels, gophers, birds, bats, ants, bees, snakes, mosquitos, gnats, beetles, weeds, termites, cockroaches, wasps, spiders and other crawling and flying insects within and around the facilities identified herein and also to any future requirements. Treatment should also include for the prevention of reappearance of all pests. This list is not all inclusive and shall not be considered to be a complete list of the pests the contractor shall be responsible to control. Contractor shall ensure applicators are trained in the proper and safe handling of snakes.

7.2. Structural pest control services. Inspections and Treatment: Inspections of all facilities shall be accomplished according to the schedule established above in the Introduction/Background. All inspections and treatments performed within the month shall be included in the monthly service charge. The Contractor shall complete all requests for treatment/service within two (2) hours of notification, or coordination with the COR or designee. Treatments shall be performed at a time approved by the COR or designee. The Contractor shall coordinate all treatments performed with the COR or designee. The contractor shall provide services in accordance with the requirements defined for each location. Any changes to the schedule shall be coordinated with the COR or designee. Inspections and treatments shall be completed in all areas and locations covered by this contract.

7.3. Areas of treatment. Contractor is responsible for treating all areas of the facilities to include drains, elevator well, interstitial areas, basements, storage rooms, and all areas of the grounds on each campus. All pest control treatments should be carried out in accordance with the schedule approved by both parties and contractor shall ensure least possible disruption to day-to-day operations while providing the services at STVHCS facilities. Contractor shall coordinate in advance with the COR or designee when any type of major service is necessary that causes the disruption of normal operations.

7.4. Pest control for facilities. The contractor shall maintain a log book on site at each location serviced (ALMC, KC, and Villa Serena). The log book shall be used to identify issues and concerns identified at each location. Contractor shall complete all routine pest control requests identified during each visit according to established schedule. Contractor shall coordinate with the COR or designee on pest management practices to keep pests under control using the least amount of pesticides. The contractor shall contact the COR or designee prior to any pest control actions.

7.5. Mosquito and larvae control. Contractor shall perform treatment and ensure effectiveness of treatment of areas that have been identified as mosquito harborage and breeding areas by the COR. All treatments to identified areas shall be accurately documented and reports shall be provided to the COR upon request.

8. Emergency services.

8.1. Definition of an emergency:

a. A sudden large increase in a previously controlled pest population.

b. A sudden infestation of pests that poses significant threat to occupant health and safety or potential to cause serious property damage.

c. A sudden infestation of pests that causes an area of the site/building to be unusable.

The contractor must be able to respond at any time and provide 24-hour emergency call out services at no extra charge to the government where treatment to the facilities has been carried out by Contractor in accordance with the schedule but the facility is still not free of pest. In such cases Contractor shall provide appropriate Pest Control Services as needed to rectify identified pest issues as identified by the government. Contractor must ensure that a representative in on-site within two (2) hours after receiving and emergency notification from the government. NOTE: Contractor may have to perform work at times other than the normal duty hours for emergencies.

9. Pesticide mixing and storage.

No pesticides shall be stored at any government location. All unused pesticides, empty pesticide containers and residue shall be disposed of properly at an approved disposal area. In the event the contractor spills or releases any hazardous substances, the contractor shall immediately notify the COR.

Chemical mixing for immediate application may be accomplished at the site of application/treatment and only state certified applicators may mix or apply pesticides.

10. Safety.

Contractor shall wear safety items while mixing and applying chemicals. When the label states than an eye irritation may occur, or lists flushing eyes, face and eye protection shall be worn as part of the required safety items. Contractor shall provide a spill container at missing areas to ensure that no chemicals impact an area that is not being treated. The contractor shall have an operational emergency eyewash kit available at each mixing location.

11. Facility manager / Housing occupant training.

Contractor shall provide training to government staff on methods to reduce and prevent infestations. This training shall be accomplished quarterly through pamphlets, briefing slides, or other training material based on the season and the types of pests that are common during that period. Training materials will be submitted to the COR for approval prior to use.

11.1 Type of uniform.

All employees shall wear Contractor provided standard uniforms, including pants, shirts, skirts, blouses, and/or dresses, which are clearly distinguishable from other VA uniforms currently in use. The uniforms shall be worn as designed by the uniform manufacturer Uniforms shall be neat, clean, and in good repair, and have a badge or monogram with the contractor's name on it. Contract staff shall wear contractor-provided approved uniforms at all times while performing pest control duties except when working in areas requiring government-furnished surgical garments.

Sandals or other open-toed shoes shall not be worn.

11.1. Government furnished information or material.

11.1.1. Identification badges and passes.

All Contractor Personnel requiring access to the VA shall obtain employee identification badges and vehicle passes required by the Government. Prior to the start of this contract the Contractor shall submit to the COR the names of all personnel employed in performing this contract and all information required to prepare identification badges for all Contractor personnel. The Government will issue these badges without charge to the Contractor. However, a charge will be required for each replacement badge issued as a result of abuse or loss. Contractor employees shall wear the Government furnished badge on the front of their outer clothing and above the waist except for protective clothing. When an employee leaves the Contractor's employment, the Contractor shall return all identification badges and passes of the employee issued by the Government to the COR or security personnel within five working days after termination of their employment. Due to the time required for the various Agencies involved in the background check for badge issuance to work at a federal facility the Contractor shall provide a pool of potential candidates as soon as practical after contract in order to ensure that after award the Contractor has enough staff available to assume all of the duties contained herein in this statement of work. The Contractor must ensure to update that pool periodically if the Contractor experiences attrition in order to ensure the Contractor has a sufficient workforce to fully complete all tasks and assignments as outlined in this statement of work on a consistent basis throughout the life of this contract.

All personnel shall display identification badges, except for over protective clothing, which shall include the employee's full name and Contractor's full name.

The contractor personal shall comply with agency personnel identifies identification verification procedures when the contract personnel is required to have physical access to a federally controlled facility.

The contractor will comply with the identification badge access process that is currently in place.

No contractor will work without having the proper identification badge. If a contract personnel no longer work for the Contractor, the identification badge must be turned in to the Contract Officer. An e-mail communication will be sent to the CO when a contract personnel leaves employment with the Contractor.

12. Utilities and services.

The Government will furnish the following utilities and services as may be required to perform work under the contract at no cost to the contractor. Utilities will be provided at existing outlets and will include electrical power, water, and sewers.

12.1. Local telephone service.

Local telephone service shall be provided by the government. Use by the contractor is limited to those calls required to perform the services identified herein. Commercial long-distance service is not included.

All repairs to the facility not due to the Contractor’s negligence.

Security police and fire protection services, including all applicable telephone numbers.

12.1. Meetings and reviews.

The contractor service requirements are summarized into performance objectives that relate to mission essential items. The performance thresholds briefly describe the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

13. Quality control plan.

The contractor shall develop and maintain a Quality Control Plan (QCP) to ensure systematic inspection of facilities for pests, a customer service call/emergency response system for pest removal, and a continuous pest prevention education program for government staff. The contractor shall develop and implement procedures to identify and prevent defective services from recurring on all services required by this SOW. At a minimum, the contractor shall develop quality control procedures that address the areas identified in the Services Summary. The Contractor’s QCP shall be written and submitted to the COR within 10 calendar days from the date of award and within 30 calendar days prior to the start of each option year or as changes occur. The contractor shall identify their quality control representative in writing to the government COR for notification and resolution of valid customer complaints or Quality Control Issues.

13.1 Quality assurance.

The government shall evaluate the contractor’s performance by appointing COR to monitor performance to ensure services are received. The COR shall evaluate the contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and receipt of complaints from visitors or personnel.

14. Travel requirements. There are not travel requirements for this contract.

15. Contracting officer’s representative (COR).

a. COR: Brian McDonald Office: (210) 617-5142 b: Alternate: Joseph Connolly Office: (210) 617-5142

No government personnel, other than the Contracting Officer, have the authority to change or alter these requirements. The COR shall clarify technical points or supply relevant technical information, but no requirements in this scope of work may be altered as a sole result of such verbal clarification.

16. Reports and deliverables.

Monthly reports shall be electronically submitted to the COR within the first five (5) days of the following month.

The contractor shall maintain a complete pest control record and reports that shall be provided within 24-hours after receipt of a request for information from the COR. This record provides all information required by the Department of Veterans Affairs, Federal, State and Local Regulations. All reports shall have the Percentage of Active Ingredient used and for each chemical used.

The contractor shall maintain a log book at each location that the contractor shall maintain. Log book shall be available for the government to document any pest control issues that arise, and the contractor shall be responsible for documenting all services performed.

The contractor shall provide statistical data as required by the government. This includes types and quantities of chemicals, pesticides and any other materials used in the performance of pest control services, types of treatments provided over a given period (monthly, quarterly, annually) and types/quantities of pests that were treated. This information shall be provided within one (1) workday of request.

17. Services summary.

Services Summary Objective SOW Paragraph

References Assessment

Method Performance

Threshold

SS-1 Submit Integrated Pest Management (IPM) within 30-days of contract start 6.1

Review of work and accepted by the government.

100% Compliant

SS-2 Complete pest control services 3, 5, 6.2, 7.1 – 7.5

Random surveillance and customer complaint

No more than one valid discrepancy per month

SS-3

Respond to emergency service calls within two (2) hours from the time of notification

8 - 8.1 Random surveillance and customer complaint

No more than one valid discrepancy per month

SS-4

Contractor Employee Certification.

Contractor shall have a State of Texas certified pest control manager

19.1 Random surveillance 100%

Compliant

SS-5 Submit reports and deliverables 16 Random surveillance and customer complaint

100% Compliant

18. Period of service

The Period of Service is one year from date of contract award with four option years. Option years will be funded by annual appropriations and each option year will not exceed one year except when authorized by law or by exercise of option periods. Base Year will be July 1, 2019 – June 30, 2020 plus 4 option years.

Line Item Estimated Description of Supplies/Services Qty Unit

1 Pest Control at Audie L. Murphy Campus (ALMC), 7400 Merton Minter Blvd, San Antonio, TX 78229

1040 Hours

2 Pest Control at Kerrville Campus (KC), 3600 Memorial Blvd., Kerrville TX 78028

624 Hours

3 Pest Control at Fisher House, 7485 Wurzbach Parkway, San Antonio, TX 78229

104 Hours

4 Pest Control at Villa Serena Domiciliary, 4455 Horizon Hill, San Antonio, TX 78229-4404

104 Hours

5 Pest Control at Poly-Trauma Rehab Program, 4949 Gus Eckert Rd, San Antonio, TX 78240

104 Hours

19. Contractor qualifications.

19.1. CONTRACTOR EMPLOYEES: The contractor shall have a State of Texas certified pest control manager specifically assigned to support this contract available within two (2) hours to meet with government personnel (telephonically or in person) during duty hours. All contractor employees shall comply with Texas Code of Regulations. All contract employees that apply or mix pesticides shall have a current Texas Pesticide Applicator Certificate. The contractor shall be responsible to ensure that the licenses and certificates and timing of contractor personnel are kept current and copies provided to the COR.

20. Security / National agency check requirements.

All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems;

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VA Handbook 6500.6, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA Privacy and HIPAA training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role based information security training required in accordance with NIST Special Publication 800- 16.

21. Information technology security training requirements.

The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

22. Security requirements for unclassified information.

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.

23. Security accreditation package. The C&A requirements do not apply and a Security Accreditation Package is not required.

24. General security.

24.1. General.

The Contractor shall comply with all Government security requirements. Upon written request, by the COR, the Contractor shall submit a list of the names and addresses of all employees hired to perform the work specified in this contract.

24.2. Consequences of illegal activities.

Contractor employees who are found in violation of Government security regulations will be immediately removed from the hospital and barred from performing further work under this contract.

24.3. Loitering.

Contractor employees shall not loiter on STXHCS Contracted areas or grounds when in a non-duty status. After completing assigned work shifts, all Contractor personnel shall promptly depart the station.

24.4. Security checkout procedures.

The Contractor shall ensure that all employees hired to perform the work specified in this contract, clear the appropriate security office upon termination of their employment. Checkout shall include the return of Government issued passes and identification badges (see paragraph 11.9.1 above).

25. Compliance with hospital policies and procedures.

Contractor’s shall 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:

25.1. Information Systems Officer, Information Protection.

The contractor shall not have access to VA desktop computers nor shall 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.

25.2. Privacy Officer.

The contractor shall not have access to Patient Health Information (PHI) and shall have the capability of accessing patient information during the services provided to the VA. All documents accessible to the Contractor shall be de-identified through the destruction of the sensitive information which is the purpose of this contract.

25.3. Records Management.

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

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.

chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. STVHCS 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 STVHCS 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 STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS 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).

f. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

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

i. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j. The STVHCS 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 STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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