36C26125Q0129.docx
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- Solicitation number
- 36C26125Q0129
About this file
This document is a Sources Sought Notice for Medical Escort Services for the Department of Veterans Affairs Pacific Islands Healthcare System (VAPIHCS). The purpose is to obtain market information to assist the agency in determining the acquisition strategy for these services.
The key details are: the solicitation number is 36C26125Q0129, the Product Service Code is R499, the NAICS code is 485999, and the performance period is 5 years. The services required include bed-to-bed transportation and medical escort services for eligible veteran patients of VAPIHCS, primarily originating from Hawaii, Guam, and American Samoa. The government estimates approximately 10-20 trips per year. Vendors are asked to provide information such as company details, an informal quote, capabilities, and existing IDIQ contracts. This is not an official request for quotes; the information gathered may be used to determine the acquisition strategy. Responses are due by 10PM Pacific Time.
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SUBJECT*
Medical Escort Services-Base plus four options
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 89086 |
| SOLICITATION NUMBER* |
| 36C26125Q0129 |
| RESPONSE DATE/TIME/ZONE |
| 10PM PACIFIC TIME, LOS ANGELES, USA |
| ARCHIVE |
| 15 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| R499 |
| NAICS CODE* |
| 485999 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086
POINT OF CONTACT*
Contracting Officer James Postell james.postell@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| VA Pacific Islands Health Care System |
459 Patterson Road
Honolulu HI
| POSTAL CODE |
| 96819 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
The purpose of this sources sought is to obtain information in support of Market Research. Interested vendors are asked to review the attached specifications and provide the following information in their response:
1. Company Name, Point of contact, Email address.
2. An Informal Quote
3. Authorized Distributor Letter (if Applicable)
4. Capabilities Statement
5. Business Size
6. UEI Number
7. Vendor POC information
8. Any existing IDIQ contracts in which these items can be ordered from (e.g. GSA, NASA SEWP, DLA eCAT, VA SAC, or VA NAC) This notice is not an official request for quotes. Information obtained from this notice may be used to the assist the Agency in determining the strategy for obtaining these items/services. Please note an official request for quote may or may not be released in connection of this notice.
All responses shall be submitted to james.postell@va.gov prior to the closing date of this notice.
Sources Sought Notice Sources Sought Notice
| *= Required Field |
| Sources Sought Notice |
Sources Sought Notice
Performance Work Statement (PWS) Medical Escort Services Veterans Affairs Pacific Islands Healthcare System (VAPIHCS)
I. Description of Services:
The Contractor shall provide performance-based transportation and medical escort services. Transportation services will include escort and transport services for eligible veteran patients of the Department of Veterans Affairs Pacific Islands Healthcare System (VAPIHCS). Transportation services entails bed-to-bed services and may therefore include ground transport, air travel arrangement, air transport, and any other ancillary services related to bed-to-bed medical escort services.
Medical escort services include escort of VAPIHCS patients while at a medical treatment facility or other VA facility. All services are scheduled in advance by the VAPIHCS. The need for medical escort services may arise in The State of Hawaii (all islands), Guam, American Samoa, and Saipan. The destination will be to The State of Hawaii (all islands), Guam, American Samoa, Saipan, or the Continental United States (CONUS). A majority of trips originate from The State of Hawaii, Guam, or American Samoa. The Government estimates approximately 10-20 trips per year. Historically the breakdown is as follows: 1-5 trips from American Samoa/Guam, 3-6 trips from Hawaii to CONUS, and 10+ trips inter-island Hawaii. All medical escort services are via commercial air travel. The scope of this requirement does not include private air charter services.
Performance requirements are established to focus on outcomes. These include:
· Operational Responsiveness – is demonstrated by providing timely transportation and medical escort services.
· Operational Flexibility – is demonstrated through accomplishment of Ad Hoc changes to specific transportation and medical escort tasks.
· Operational Efficiency – is demonstrated through flexible contract performance by providing timely services that minimize Veteran and VAPIHCS wait times.
· Professionalism, Safety and Security – is initially demonstrated through licensing, certification, and qualification of staff with applicable laws and policy. The proficiency demonstrated by these items is needed to ensure the safety and security of veterans and all other with whom they come in contact.
II. Contractor Responsibilities:
A. The Contractor shall coordinate all arrangements for bed-to-bed medical repatriation of VA beneficiaries.
B. The Contractor shall be staffed with trained professionals that hold the necessary licenses in the State in which services are performed. For example, for nurse escort services originating on Oahu, HI, the nurse escort must be a licensed registered nurse in the State of Hawaii.
C. The Contractor shall have available at all times during a medical escort a Medical Director that can be readily contacted for guidance and oversight.
D. Patient Transfer – The Contractor shall arrange any additional needed consultation between transfer and accepting physicians and coordinate transport arrangements. The Contractor and the VAPIHCS shall assess the patient to determine the appropriate level of care needed. Both parties shall come to a consensus on what type of airfare is required (i.e., coach, business, first class).
E. Upon arrival at the patient pick-up point, if the contractor determines the condition of the patient scheduled for pick-up is different than what was stated on the travel request, the contractor shall notify the VAPIHCS Patient Referral Coordinator, Travel Office or Administrative Officer of the Day (AOD) for further instruction.
F. Travel Arrangements - Contractor will be responsible for making travel arrangements to fly with the veteran to the assigned medical facility as directed and authorized under the task order. The Contractor will be responsible for making ground transportation arrangement to pick up the veteran from the origin point, ensure safe transport to the airport and air transport, and ground transportation to drop off the veteran at his/her destination medical facility.
G. Ground Transportation – Contractor shall make ground transportation arrangements as determined necessary to provide optimum care to the travelling beneficiary.
H. Loading and unloading patients - Contractor(s) will be required to assist patient to load and unload from air and ground transportation from point of pick-up to point of destination.
I. Medical Service - The contractor will be responsible for obtaining and administering all medical and non-medical supplies needed to perform services. Patients medical conditions shall include but not be limited to:
a. The requirement for a respiratory specialist with a RN to service ventilator patients (approximately once a year);
b. Psychiatric patients (may need sedation)
c. Acute nursing home patients
d. Stroke patients
e. In-patient to in-patient transports (hospital to hospital)
III. Orders for Escort Services:
A. Request for services will originate from VAPIHCS. VAPIHCS will email (RMS encryption) or FAX request to the vendor without SSN or Birthdate. Email responses will use the same encrypted email chain. Only name and pick-up and drop-off information will be provided. Follow up phone call will provide final instructions. No connection to the VA network is required.
B. In each Blanket Purchase Agreement (BPA) call, the Government shall identify the specific details related to the performance requirement.
C. The contractor is required to provide pick up within 24-48 hours of the call order.
IV. BPA Calls
A. The Contracting Officer will furnish the contractor a written request for quote.
B. The Contractor shall provide the Contracting Officer a work plan (trip itinerary) and price quote. The quote shall include an itemization of costs involved in the trip and include screenshots or proof of actual travel costs (airfare, hotel).
C. Upon completion of the review process, the Contracting Officer will issue the BPA Call. Only after receipt of an executed BPA Call shall the contractor commence work.
D. BPA Calls are firm-fixed price.
E. Refer to Attachment I for BPA Call Procedures.
V. Period of Performance
The period of performance shall be for five (5) years.
VI. Place of Performance
The place of performance shall be within the State of Hawaii, American Samoa, CONUS, and Guam. A majority of escort requests originate from these locations. However, the Contractor may have to provide services originating from Saipan (very rare). The origin point/reimbursement point for inter-island transports is Honolulu, HI.
VII. Standard Operating Procedures (SOPs):
The Contractor shall submit SOPs to the COR within 30 days after award. The SOPs shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this BPA and available for audit upon request.
Detail procedures and protocols that contract staff will adhere to safe, effective, and compliant operations. At a minimum, the SOP shall include:
· Personal Property Procedures Plan for Patients – procedures for managing personal property of patients.
· Patient Pickup – procedures for picking up and escorting patients. Content will include required documents, identification, and procedures for turnover upon arrival to destination.
· Patient Assessment – procedures for assessing patient’s need and what type of medical escort services are needed to include assessment on what type of airline class (i.e., coach, business, first) is required for each patient.
· Patient Monitoring – procedures for monitoring patient health and well-being during the escort services.
· Medical Emergencies – procedures for handling medical emergencies while in the air.
VIII. Incident/Accident Reports:
A. Any adverse events involving the welfare of a VA beneficiary while in the care of the contractor during transport shall be recorded and reported to the COR or to the AOD after normal business hours (4:00pm-7:30am) within 24 hours of the event.
B. The contractor shall make initial contact immediately after the event via telephone, fax, or email notifying the VA of any incident, accidents, or medication or transfusion errors involving injury to VA patients during transport. The VA will provide POC’s and phone numbers after contract award and prior to service start.
C. The contractor shall prepare and submit a detailed incident report with all information necessary to conduct a full review (date, time, patient, place of pick, place of incident, names of parties involved, a detailed summary of events etc.) with recommended/implemented corrective action within 24 hours of such incident to the contracting officer with a copy to the Chief, Member Services of VA Pacific Island Health Care System, Honolulu.
IX. Infection Control Requirements:
A. Health tests. Contractor attests that assigned personnel have fulfilled all testing and screening requirements as described below prior to first duty shift. Evaluations and tests shall be current within the past year, except as noted. At the VA’s request, Contractor shall provide proof that all requirements are current and fully met as described within 2 business days of request.
B. Tuberculosis Screening and Testing.
i. For those with previous documented positive Purified Protein Derivative (PPD) test results: All Contractor personnel shall provide a note from their physician, dated within the past three months stating they are free of any signs and symptoms of tuberculosis. This evaluation will be renewed annually.
ii. For those with previously negative PPD skin test results: All Contractor personnel shall provide proof of a negative reaction to PPD testing, performed in accordance with the latest CDC standards and CDHC/California Tuberculosis Controllers Association guidelines, within the past 6 months. This test shall be renewed annually.
iii. For PPD skin converters (a change from a previously negative skin test to positive; defined as an increase in duration of 10mm or more with 2 years): An evaluation from their physician within 30 days of the positive test stating they are free from signs/symptoms of TB and indicating whether prophylactic treatment is indicated. If treatment is indicated, a note from the physician stating it was satisfactorily completed.
iv. Rubella Testing. All Contractor personnel shall provide proof of immunization for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with a follow-up documentation provided to the COR.
v. Varicella (Chicken Pox) Testing. Provide a history of varicella or, if unknown, results.
X. Security:
A. Controls – The contractor shall comply with the VA administrative, physical and technical security controls to ensure that the Government’s security requirements are met.
B. Identification Badges – All contractor employees shall wear Contractor provided, tamper proof photo identification badges when working in Government facilities.
C. Information Security – The Contractor shall adhere to the security requirements in Attachment III.
XI. Health Insurance Portability and Accountability Act (HIPAA), Privacy Rule, and Security Rule
Whereas the Contractor will have access to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); and whereas, Department of Veterans Affairs Veterans Health Administration is a “Covered Entity” as that term is defined in the HIPAA implementing regulations, 45 CFR 160.103, the Contractor will be required to complete the blanks, sign, date and provide a completed Business Associate Agreement with their quotation or proposal (as provided as an attachment to this solicitation).
The Contractor shall dispose of archived records in accordance with HIPAA and the ambulance companies’ accreditation standards. The Joint Commission & VA regulations:
· Records Control Schedule (RCS) 10-1, Section XXVI.
· M1, Part I, Chapter 5, Patient Records.
· Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), Standard IM.2 and IM3
XII. Non-Personal Services:
The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the CO immediately. These services shall not be used to perform work of a policy/decision making or management nature, i.e., inherently Governmental functions. All decisions relative to programs supported by the contractor shall be the sole responsibility of the Government.
XIII. Designation of Contracting Officer Representative (COR):
A. The Contracting Officer (CO) will appoint a Contracting Officer Representative (COR) to perform tasks related to the execution and surveillance of this contract. The COR will be designated to represent the CO in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the CO and shall not be delegated.
B. The CO is responsible for the administration of this contract. The CO is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the CO. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the CO. No oral statements of any person whosoever will in any matter or degree, modify or otherwise affect the terms of this BPA.
C. The Contractor will receive a copy of Delegation Letter which will identify the COR appointed by the CO.
XIV. Contractor’s Quality Assurance Plan (QAP):
A. The contractor shall establish and maintain a complete QAP to assure the requirements of this contract are provided as specified, during the life of the contract. The contractor’s QAP shall include the following:
i. An inspection plan covering all services required by this contract: The inspection plan must specify the type of inspections (i.e. scheduled, unscheduled), areas for inspection, frequency of inspections and documentation of inspections, and who will conduct the inspections, with his or her title specified.
ii. On-site records of all inspections conducted by the Contractor: The inspection records must note findings and necessary corrective action taken, the timeframe, and follow-up responsibility/issues. The VA reserves the right to request copies of any and/or each inspection.
iii. Internal procedures for updating medical service protocols: The contractor must have established internal procedures for updating medical service protocols, which have been revised, requires changes and/or incorporation of new protocols since licensing. The changes to processes, equipment, and/or protocol that may affect performance of contract must be communicated in writing to the Contracting Office.
iv. Methods for identifying and preventing deficiencies: The contractor must have quality improvement mechanisms in place that allows the business to evaluate the quality of services performed by using established methods for identifying and preventing deficiencies before the level of performance becomes unacceptable. Specific organizational monitoring functions and areas must be identified with levels of responsibility associated, noting intermediate supervisory responsibility and overall management responsibility for ensuring total acceptable performance.
v. On-site competency records of each employee: The contractor must have employee records available on-site that identifies the character, physical capabilities, certifications, and ongoing training records of each employee performing services under this contract.
vi. On-site records for tracking of customer complaints and actions taken the contractor shall keep onsite records for tracking customer complaints or problems with the procedures or initiatives implemented for correction and/or elimination of the problem before negative effects caused interruption of performance on contract.
vii. Drug Testing Policy: The contractor shall have internal policies and procedures for addressing drug and alcohol abuse.
viii. Patient Satisfaction Survey: Contractor shall develop a patient satisfaction survey for the VA’s approval. Once approved contractor shall report results of the survey semi- annually.
XV. Quality Assurance Surveillance Plan:
Quality Assurance Surveillance Plan: See Attachment II.
XVI. Invoices:
Invoices must be submitted electronically to VA-FSC in one of two ways:
| · | Through third-party contractor, Tungsten. Please go to this website: http://www.tungsten- network.com/US/en/veterans-affairs/ to set up an account begin submitting electronic invoices free of charge. VA’s Tungsten buyer number is AAA544240062. |
| · | A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org). |
XVII. Reports
The contractor shall provide to the CO and the COR a quarterly report that details trip orders to include: date of call order, date of trip, origin point, destination point, date of origin flight, date the contractor-RN returns back to origin, additional services/supplies and cost, cost of airfare (for each segment), cost of hotel (if applicable), cost of per diem (if applicable). The report shall include proof of actual costs for airfare and hotel.
XVIII. Deliverables and Delivery Schedule:
| Item |
| Deliverable |
| Timing |
| PWS |
Reference
| Due To |
| Format |
| 1 |
| SOP |
| 30 days after |
award
| VII |
| COR |
| PDF or Word |
Format
| 2 |
| QAP |
| 30 days after award |
| XIV |
| COR and CO |
| PDF or Word Format |
| 3 |
| BAA |
| 5 days after |
award
| XI |
| CO |
| PDF or Word |
Format
| 4 |
| Incident/Accident Report |
| 24 hours after incident |
| VIII |
| COR |
| PDF or Word Format |
| 5 |
| Reports |
| Quarterly |
| XVII |
| COR and CO |
| Excel and PDF |
(proof of costs)
XIX. Performance Requirements and Standards:
The performance objective for this Performance Work Statement (PWS) is to provide secure medical escort services via commercial airlines in an effective, efficient, and flexible manner to meet the Government’s operational requirements throughout the Pacific. The health, safety, and security of contractor personnel and the veteran-patient shall remain a top priority. All transportation and medical escort services shall be met through compliance with all applicable state and federal regulations. The Contractor shall be responsible for all costs associated with providing the services specified in the task order/contract.
| Description |
| Standard |
| Acceptable Quality Level (AQL) |
| Surveillance Method |
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| Operational Responsiveness |
| 100% of routes approved by the Government were completed as planned. |
| 95% completed as planned. |
| Contractor self- reporting and patient complaints |
| Personnel Qualification Compliance |
| 100% of the personnel are qualified and all personnel policies and procedures required by the Government are complied with. |
| 100% of personnel are qualified. |
| Contractor self-reporting and periodic sampling |
| Policies and Procedures Compliance |
| 100% of Government’s and Contractor’s policies and procedures are complied with. |
| 100% compliance |
| Government periodic sampling |
| Safety Record |
| The Contractor has written policies and procedures to prevent vehicle mishaps, personnel and patient injuries. |
| No vehicle mishaps, personnel or patient injuries occur due to not following policies and procedures. |
| Contractor self-reporting and Government evaluation. |
| Notification Reports |
| Submission in accordance with PWS |
| Initial reportable notifications must be immediate (verbal/email) and followed by a written detailed report within 24 hours. |
| Contractor self-reporting and Government evaluation |
XX. Special Considerations:
A. Changes to the PWS – No changes to the PWS or cost increases shall be incurred without written prior approval of the CO as coordinated by the COR. Any changes or cost increases will not take effect until the CO executes a written modification.
B. Travel – Every effort will be made to obtain economic airfares. Travel and per diem costs are reimbursed in accordance with the Federal Acquisition Regulations (FAR) 31.205-46, the Federal Travel Regulations and in accordance with acceptable accounting procedures.
C. Non-Disclosure of Information – Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the task.
XXI. NARA Records Management Language for Contracts (May 2017):
https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability 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.
B. Definitions “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.
The term Federal record:
1. includes [Agency] records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:
ADD THE FOLLOWING 11 ITEMS TO THE STATEMENT OF WORK (SOW):
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. [FACILITY] 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 [FACILITY] 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 [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.
8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The [FACILITY] 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 [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take 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.] D. Flowdown of requirements to Subcontractors
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.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
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