AMDT 36C26123Q0403 0003 Water Testing_.pdf
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- Attached to
- H168--Water Treatment Services (HVAC) | RFQ Posting due 05/01/2023 Federal contract opportunity
- Solicitation number
- 36C26123Q0403
About this file
This document contains an amendment to a solicitation for water treatment services at multiple Department of Veterans Affairs medical facilities. Key details include:
-
The solicitation seeks monthly water treatment services for heating, ventilation, and air conditioning systems including boilers, chilled water loops, cooling towers, and safety testing cabinets at VA facilities in Sacramento, McClellan, Martinez, Mare Island, and Fairfield, California. Services include chemical treatment, inspections, testing, preventative maintenance, and annual cleaning of cooling towers.
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The amendment extends the response deadline to May 19, 2023 at 3:00 PM PST and includes responses to bidder questions. Performance is required for an initial one-year base period with four one-year options. The selected contractor must have a service organization within 50 miles of one of the listed VA locations.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| AMDT 36C26123Q0403 0004 Water Testing.pdf | ||
| 36C26123Q0403 0004_1.docx | DOCX document | |
| 36C26123Q0403 0003_1.docx | DOCX document | |
| ADMT_36C26123Q0403 0002_Water Testing.pdf | ||
| 36C26123Q0403 0002_1.docx | DOCX document | |
| AMDT_36C26123Q0403 0001_Water Testing.pdf | ||
| 36C26123Q0403 0001_1.docx | DOCX document | |
| WD2015_5631_REV18_Sacramento.pdf | ||
| WD2015_5655_REV17_Solano.pdf | ||
| Self Performance Worksheet.docx | DOCX document | |
| S02 RFQ 36C26123Q0403 Water Testing.pdf | ||
| WD2015_5623_REV20_Contra Costa.pdf | ||
| 36C26123Q0403_1.docx | DOCX document |
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5. PROJECT NUMBER (if applicable)
CODE 7. ADMINISTERED BY
2. AMENDMENT/MODIFICATION NUMBER
CODE
6. ISSUED BY
8. NAME AND ADDRESS OF CONTRACTOR
4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE
9A. AMENDMENT OF SOLICITATION NUMBER
9B. DATED
PAGE OF PAGES
10A. MODIFICATION OF CONTRACT/ORDER NUMBER
10B. DATED
BPA NO. 1. CONTRACT ID CODE
FACILITY CODE CODE
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
E. IMPORTANT:
is extended,
(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.
12. ACCOUNTING AND APPROPRIATION DATA
(REV. 11/2016)
is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
15C. DATE SIGNED
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES
SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER
Contractor
16C. DATE SIGNED
14. DESCRIPTION OF AMENDMENT/MODIFICATION
16B. UNITED STATES OF AMERICA
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER
15B. CONTRACTOR/OFFEROR
STANDARD FORM 30 PREVIOUS EDITION NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.243
(Type or print) (Type or print)
(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
(Number, street, county, State and ZIP Code)
(If other than Item 6)
(Specify type of modification and authority)
(such as changes in paying office, appropriation date, etc.)
(If required)
(SEE ITEM 11)
(SEE ITEM 13)
(X)
CHECK
ONE
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
(Signature of person authorized to sign) (Signature of Contracting Officer)
1 13
05-11-2023
612-23-3-6133-0017
None
612MCP
Department of Veterans Affairs
Network Contracting Office (NCO) 21
5342 Dudley Blvd., Bldg. 209
McClellan CA 95652-2609
612MCP
Department of Veterans Affairs
Network Contracting Office (NCO) 21
3230 Peacekeeper Way, Bldg. 209
McClellan CA 95652-1012
To all Offerors/Bidders
36C26123Q0403
X
X X
May 19, 2023 3:00 PM PST
See CONTINUATION Page
X
Solicitation 36C26123Q0403 is amended as follows:
a. The purpose of this Amendment is to extend the solicitation closing date to 05/19/2023 at 3:00 PM PST, please submit all required information/documents per the solicitation instructions FAR 52.212-1 and evaluation factors FAR 52.212.2 in order to be considered. Final questions must be submitted no later than 5/16/2023.
b. The following Questions and Answers have been included in this amendment and attached.
c. The following paragraph 1.5.3.11 referencing Auto Chlorination system requirements within the Statement of Work has been removed in its entirety and included in this Amendment and attached. Please include all amendments with your quote.
Angela Gerlitzki
Contracting Officer
CONTINUATION PAGE
QUESTIONS AND ANSWERS
1. What are the gallon volumes for the closed loops? Without volumes there is no way to calculate the product needed to treat each system. As a result, the only quote that be provided is cost to treat $1,000 gallons.
Answer: We would recommend in your proposal you state your assumptions on treatment clearly so price proposals can be evaluated correctly and fairly against competitors’ bidders.
2. For Auto Chlorination system, is winning bidder responsible for providing parts and chemistry?
Answer: See updated Statement of Work Auto Chlorination system requirements have been removed.
Updated Statement of Work
B.3 STATEMENT OF WORK
1. GENERAL INFORMATION
1.1. The Contractor shall furnish all equipment, labor, supervision, management, transportation, supplies, permits, replacement parts, software, and all other materials necessary to provide water treatment services for the Department of Veterans Affairs (VA) Sacramento Medical Center, McClellan Outpatient Clinic (OPC), Martinez OPC, Mare Island and Fairfield. The Contractor shall be responsible for all costs related to performing a comprehensive water treatment program for the heating hot water boilers, heating/chilled water loops, cooling towers and providing testing chemical solutions to all continuous monitoring water safety testing cabinets.
1.2. Contractor/Vendor shall provide labor, material and supplies necessary to complete service for corrosion build up on (1) cooling tower. This work will include removal of all corrosives building up material or white rust from the system component to improve efficiency and life span. The contractor/vendor shall provide a protective layer of protective corrosion inhibitor on the metal surfaces of the component to improve sustainment of future buildup of material from occurring.
All products used should be within the cooling tower’s manufacturers recommendation and be submitted for approval by the Contracting Officer’s Representative (COR) before utilizing or service to occur.
1.3. PERIOD OF PERFORMANCE: The period of performance for this service contract is for one base year with (4) one-year options.
1.4. SPECIFIC REQUIREMENTS
1.4.1. It is the VA’s desire to remain as close to a “mainstream” or “traditional” water treatment program as possible. The VA will accept suggestions that can benefit the facility in efficiencies and protecting the life span of the equipment. Suggested performance standards are in this document to ensure this as it relates to utilities use by way of clean heat transfer surfaces, system water use through normal discharge percentages and system metals corrosion rates.
1.4.2. Due to the additional hazards of on-site use and storage, acid programs used to suppress alkalinities for greater cycles of concentration on the condenser water systems will not be accepted.
1.4.3. Studies or evaluations shall be completed during a brief survey process that should take the
Contractor’s staff no longer than a 24-hour span. Contractor shall bear any expense for approved activities that fall within this description or require that our chillers or boilers have any mechanical work or openings performed.
1.5. SCOPE OF WORK
1.5.1. LOCATIONS
1.5.1.1. Contractor shall maintain VA systems at the following locations:
1.5.1.1.1. MATHER VA BUILDINGS 702 AND 703:
1.5.1.1.1.1. 2,000-ton combined condenser water system
1.5.1.1.1.2. 5000+ gallon chilled water loop
1.5.1.1.1.3. 5000+ gallon hot water heating loop
1.5.1.1.1.4. 76 combined horsepower steam generator system
1.5.1.1.1.5. Equipment is in Buildings 702 and 703
1.5.1.1.1.6. 2 water safety cabinets located at Building 702 and 726
1.5.1.1.1.7. 1 chilled water (chw) loop and 1 heating hot water (hhw) loop Building 726
1.5.1.1.1.8. 1 hhw loop in Building 727
1.5.1.1.1.9. 1 cooling tower condenser loop and 1 hhw loop Building 728
1.5.1.1.1.10. 1 chilled water loop Building 700 Radiology bump-out
1.5.1.1.2. MCCLELLAN OPC: BUILDINGS 88, 98, 209, AND 949
1.5.1.1.2.1. Building 88: Three (3) boilers in the basement which currently have a pot feeder next to them.
1.5.1.1.2.2. Building 88: 45-ton air cooled chiller located behind west side of the building.
1.5.1.1.2.3. Building 98: Two (2) boilers located in the basement. Currently pot feeder in front of boiler #1.
1.5.1.1.2.4. Building 98: 170-ton Chiller, currently has pot feeder next to water pump.
1.5.1.1.2.5. Building 98: Cooling Tower 199.3 Nominal tons. Pot feeder located in Basement next to chiller.
1.5.1.1.2.6. Building 209: Boiler and chilled water loop in basement of 209
1.5.1.1.2.7. Building 949: One (1) Boiler. Pot feeder is located near the heating hot water
Recirculation pumps.
1.5.1.1.2.8. Building 949: Two (2) Chillers. One is 210 ton, and one is 130 ton.
1.5.1.1.3. MARTINEZ VAMC: BUILDINGS 16,19, 20, 21, 22, 23, 24, 25, AB-6, AB-7,
AND R-1:
1.5.1.1.3.1. There are 16 Closed loops total on the Martinez site in the buildings listed below.
1.5.1.1.3.1.1. Building 16: 1 chilled water loop, 1 geo-thermal loop
1.5.1.1.3.1.2. Building 19: 1 heating hot water loop, 1 chilled water loop
1.5.1.1.3.1.3. Building 20: 1 heating hot water loop
1.5.1.1.3.1.4. Building 21: 2 heating hot water loops, 1 chilled water loop
1.5.1.1.3.1.5. Building 22: 1 heating hot water loop
1.5.1.1.3.1.6. Building 23: 1 heating hot water loop
1.5.1.1.3.1.7. Building 24: 1 heating hot water loop
1.5.1.1.3.1.8. Building 25: 1 heating hot water loop
1.5.1.1.3.1.9. Building AB-6: 1 heating hot water loop, 1 chilled water loop
1.5.1.1.3.1.10. Building AB-7: 1 heating hot water loop
1.5.1.1.3.1.11. Building R-1: 1 heating hot water loop
1.5.1.1.3.1.12. 3 Cooling Towers in Building 19
1.5.1.1.3.1.13. 1 Cooling Tower in Building 16
1.5.1.1.3.1.14. 1 Cooling Tower in Building 24
1.5.1.1.4. MARE ISLAND OPC: BUILDING 201
1.5.1.1.4.1. 1 heating hot water loop
1.5.1.1.4.2. 1 chilled water loop
1.5.1.1.4.3. 1 geo-thermal water loop
1.5.1.1.4.4. 1 cooling tower
1.5.1.1.5. FAIRFIELD OPC: BUILDING 778
1.5.1.1.5.1. 1 heating hot water loop
1.5.1.1.5.2. 1 chilled water loop
1.5.2. TREATMENT PRODUCTS
1.5.2.1. Condenser water treatment products to include:
1.5.2.1.1. Condenser water scale and corrosion inhibitor
1.5.2.1.2. Oxidizing primary biocide
1.5.2.1.3. Non-Oxidizing secondary biocide
1.5.2.2. Closed loop treatment products to include:
1.5.2.2.1. Closed loop corrosion inhibitor for mild steel and copper metals
1.5.2.3. Steam boiler system products to include:
1.5.2.3.1. Combination polymer/sludge conditioners
1.5.2.3.2. Sulfite oxygen scavenger
1.5.2.3.3. Neutralizing amine corrosion control
1.5.2.4. Each product must have a specific description. Combination products will be permitted as a part of this quotation for any system; however, the description must clarify content.
1.5.2.5. A Nitrite based product is preferred for use in the closed loop systems. Offerors must specify in their quote which product types they intend to use. Offerors should make sure to allow for losses from the closed loop systems as it is expected that “additional use” due to losses will be covered by the contract at no additional cost to the VA.
1.5.3. SERVICE REQUIREMENTS
1.5.3.1. Minimum once per month on-site service to include:
1.5.3.1.1. Full checks of all chemical control and dispensing equipment (controllers, pumps, and blowdown valves)
1.5.3.1.2. Inspection of water softener
1.5.3.1.3. Inspection of restocking of on-site test equipment and reagents used by plant operators
1.5.3.1.4. Restocking of on-site product supplies
1.5.3.1.5. Full on-site chemical analysis of all treated systems as listed below.
1.5.3.2. City water testing requirements (MONTHLY)
1.5.3.2.1. pH
1.5.3.2.2. Conductivity
1.5.3.2.3. Total Alkalinity
1.5.3.2.4. Total Hardness
1.5.3.2.5. Ca Hardness
1.5.3.3. Condenser water testing requirements (MONTHLY)
1.5.3.3.1. pH
1.5.3.3.2. Conductivity
1.5.3.3.3. Total Alkalinity
1.5.3.3.4. Total Hardness
1.5.3.3.5. Ca Hardness
1.5.3.3.6. Treatment levels
1.5.3.4. Closed loops testing requirements (MONTHLY)
1.5.3.4.1. pH
1.5.3.4.2. Conductivity
1.5.3.4.3. Treatment levels
1.5.3.4.4. Iron
1.5.3.5. Steam Boiler system testing requirements (MONTHLY) Boiler Water Samples
1.5.3.5.1. pH
1.5.3.5.2. Conductivity
1.5.3.5.3. “P” Alkalinity
1.5.3.5.4. Total Alkalinity
1.5.3.5.5. “OH” Alkalinity
1.5.3.5.6. Treatment level – Phosphate/Polymer
1.5.3.5.7. Treatment level – Sulfite
1.5.3.6. DA Water Sample (MONTHLY)
1.5.3.6.1. pH
1.5.3.6.2. Conductivity
1.5.3.6.3. Total Alkalinity
1.5.3.6.4. Total Hardness
1.5.3.6.5. Dissolved Oxygen Content
1.5.3.7. Softener Water Sample (MONTHLY)
1.5.3.7.1. pH
1.5.3.7.2. Conductivity
1.5.3.7.3. Total Alkalinity
1.5.3.7.4. Total Hardness
1.5.3.8. Condensate Return Sample
1.5.3.8.1. pH
1.5.3.8.2. Conductivity
1.5.3.8.3. Iron
1.5.3.9. All test results shall be presented in writing and reviewed with plant operators at time of service. These tests are the minimum requirement to be performed on a monthly basis for each sample listed. Contractor may suggest or perform tests in addition to those listed.
1.5.3.10. In addition to normal weekly service, the VA requires the following services to be included as part of this program.
1.5.3.10.1. Annual testing of four (4) fuel oil samples taken from the above ground storage tanks for VA Medical Center in Mather, CA, and Martinez VAMC.
1.5.3.10.2. One (1) complete cooling tower cleaning to be provided for each of the cooling tower until as part of the annual program. “Complete” includes a thorough washing of all louvered and fill media surfaces, a thorough cleaning of the distribution deck and a thorough cleaning the of tower basins to remove all mud, silt, and debris.
1.5.3.10.3. Corrosion coupons (both mild steel & copper) will be tested at least twice per year on all condenser water and closed loop systems.
1.5.3.10.4. It will be understood that occasionally the plant staff may request laboratory tests to be performed on various water samples from the condenser water, and closed loop water systems. These laboratory tests will serve to verify results or to trouble shoot concerns regarding the above-mentioned systems. A total not to exceed four (4) lab tests (annually) will be provided by the Contractor at no additional charge to the VA.
1.5.3.10.5. Per VHA Directive 1061 and VHA ES-2019-001, monthly bacteria testing (HPC) shall be conducted on cooling tower water systems.
1.5.3.11. HPC testing shall be performed once a month for each cooling tower sump in accordance with the following criteria:
1.5.3.11.1. The laboratory that is performing HPC analysis must be accredited by either NELAP or AALA.
1.5.3.11.2. Each sample must be of 100ml or greater depending on the laboratory’s requirements.
1.5.3.11.3. The sample must be processed by the lab as soon as possible after it is collected, and temperature control during transport is critical.
1.5.3.11.4. Samples held for longer than 24 hours are to be considered invalid.
1.5.3.12. Fuel oil tests must be performed by an “independent laboratory” and not by any lab owned by the Contractor. The Contractor shall bare all responsibility for the cost of lab fees, sample bottles, corrosion coupons and related freight charges to send these to the lab, as well as equipment and personnel in providing the above services detailed in this section marked “additional services required”.
1.5.3.13. Offerors shall address in their quote what they will do in the event of failure of the existing water softener for the boiler system.
1.5.3.14. Equipment listing is below and attached in Excel workbook.
1.5.4. PERFORMANCE STANDARDS
1.5.4.1. Condenser Water, chilled loop water and hot loop water: Maintained cleanliness to ensure no effect on chiller performance as measure by approach temperatures, amperage draw, and heat transfer based on refrigerant temperatures. Corrosions rates to specifications of Mild Steel: <1.0 mls per year. Copper: <0.1 mls per year.
1.5.4.2. Condenser loops must be maintained at >4 Cycles & >35% Blowdown.
1.5.4.3. Steam boiler system must be maintained at >10% Cycles.
1.5.4.4. Proposals must indicate the following:
1.5.4.4.1. Targeted final chemistries for each system.
1.5.4.4.2. Targeted cycles of concentration for both condenser water & steam generators.
1.5.4.5. Contractor shall guarantee that all heat transfer surfaces will remain free from scale and biofouling, or they will bear the responsibility and cost for removal of same. This guarantee does not include fouling as a result of windblown debris including mud, silt and sand that collect in the tower system and migrate into the condenser barrel.
1.5.4.6. Deliverables: The Contractor shall document each online and onsite service call (work orders). The contractor shall furnish the VA with an electronic copy showing time, date, equipment system location, system identification description, and a brief description of activity. Work orders for onsite system preventative maintenance will list inspection date, individual reported to, name of the contractor personnel that performed the service, work to be performed, and any special instructions. Electronic reports are considered a part of the service and will be submitted to COR monthly, prior to invoicing, and by the 5th business day after the service was rendered. It is preferred that the contractor provide access to an online database for at least 2 VA personnel to access electronic reports. A sample of all inspection reports will be submitted to the COR within 10 days of the contract award date for review and approval. The COR will provide a response to the contractor within 5 business days of receipt.
1.5.4.7. CONFIRMATION OF REPAIR WORK: All services provided shall be approved by the
Central Energy Plant Supervisor or his/her designee. When service is completed, the certified technician shall indicate on the service ticket the equipment serviced, specific action taken, and all parts replaced. The equipment serviced shall be identified clearly by name, serial number, and location.
1.5.5. CONTRACTOR REQUIREMENTS
1.5.5.1. Hours of Work and Scheduling: Work in Building # 702 Central Energy Plant may be accomplished as scheduled in advance, 24 hours per day, 7 days per week. Contractor shall schedule all work with Building # 702 Central Energy Plant Operator at (916) 366-
5465. An operator is on duty 24 hours per day, seven days per week. McClellan OPC number to schedule work is (916) 843-5491. Martinez VAMC number to schedule work is (925) 372- 2540.
1.5.5.2. Qualifications: Contractor shall maintain a service organization within a 50-mile radius near one of the following locations: VA Sacramento Medical Center, McClellan OPC, and/or Martinez OPC.
1.5.5.3. Compliance: The Contractor shall be fully responsible for compliance with all VA, Federal, State, and local environmental/occupational safety laws, rules, and regulations.
The Contractor shall follow applicable OSHA requirements and take necessary actions to avoid conditions that may be hazardous to the health and safety of employees, VA hospital staff, and/or patients. All work for the duration of the contract shall be performed by trained and certified technicians.
1.5.5.4. Contractor Employee Uniform: Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Example: wearing of distinctive clothing such as uniforms, badges, patches, etc.
1.5.5.5. COVID 19 Screening: All Contractor personnel shall get screened for COVID 19 and receive a wrist band prior to commencement of work at ALL locations.
1.5.5.6. Escorts and Security Police Check-In: Access to work areas, and performance monitoring, will be provided by VA steam plant personnel or maintenance personnel. In the event of an after-hours response, the work will be monitored by VA Central Energy
Plant for each location. In all cases, Central Energy Plant Operator shall be notified of any changes which may affect the response time of vital equipment.
1.5.6. PAYMENT
1.5.6.1. Invoices will be paid in arrears. All services must be rendered. “Services” include applicable detailed water treatment/inspection reports by site. Prior to submitting invoice in Tungsten, contractor personnel will submit a comprehensive invoice report to the COR for approval that includes the lines outlined below. The contractor shall submit a template of this report within 15 days of the contract award date to the COR for approval. See example below. The COR will provide a response to the contractor within 5 business days of receipt.
1.5.6.1.1. Site location
1.5.6.1.2. Building number
1.5.6.1.3. Water system description
1.5.6.1.4. Type of service (ex: monthly, semi-annual etc.)
1.5.6.1.5. Inspection results/notes or remarks
1.5.6.1.6. Date service was rendered
1.5.6.1.7. Invoice amount (according to CLIN)
1.5.6.1.8. Example:
1.5.6.2. It is preferred that contractor personnel have experience with hospitals, government contracts or VA hospitals. Contractor’s technician resumes will be evaluated based on experience on these types of experience and certifications.
1.5.7. QAQC PLAN
1.5.7.1. Records Management Language for Contracts Required
1.5.7.1.1. Applicability
1.5.7.1.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
1.5.7.1.2. Definitions
1.5.7.1.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
1.5.7.1.3. The term Federal record:
1.5.7.1.3.1. Includes VHA records.
1.5.7.1.3.2. Does not include personal materials.
1.5.7.1.3.3. Applies to records created, received, or maintained by Contractors pursuant to their VHA contract.
1.5.7.1.3.4. May include deliverables and documentation associated with deliverables.
1.5.7.1.4. Requirements
1.5.7.1.4.1. 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.
1.5.7.1.4.2. 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.
1.5.7.1.4.3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created while 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.
1.5.7.1.4.4. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.
1.5.7.1.4.5. 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. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA 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).
1.5.7.1.4.6. 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 VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
1.5.7.1.4.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.
1.5.7.1.4.8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.
1.5.7.1.4.9. 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.
1.5.7.1.4.10. The VHA 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 VHA 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.
1.5.7.1.4.11. 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. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]
1.5.7.1.5. Flow down of requirements to subcontractors
1.5.7.1.5.1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
1.5.7.1.5.2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
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