36C26320Q0104-0001001.pdf

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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

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16C. DATE SIGNED

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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.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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1 14

0001 03-19-2020

618-20-1-6023-0004

None

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

To all Offerors/Bidders

36C26320Q0104

03-13-2020

X

X X

03/26/2020 at 11:59pm ET

618-3600162-6023-854100-2580-010050192 618-20-1-6023-0004

Solicitation 36C26320Q0104 for Boiler Maintenance services at the Minneapolis VA Health Care System is hereby amended to provide questions, answers, and clarification as detailed below. Offerors are required to acknowledge this amendment by signing and returning one copy with their quote. The solicitation closing date and time has been changed to 03/26/2020 at 11:59pm ET.

John Becker Contracting Officer

VA-VHA-2019-95FFC7A6

Solicitation 36C26320Q0104 Amendment A00001

Questions, Answers, and Clarification

1. The Statement of Work is modified by adding subsection 5. Emergency Services to Section 8. The Statement of work shall be as follows:

B.3 STATEMENT OF WORK

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTERS

BOILER PLANTS

STATEMENT OF WORK

Inspection of Boilers, Feedwater Deaerators

Section 1. Background:

a. The Department of Veterans Affairs, Minneapolis Health Care System (VAHCS) has a requirement for Boiler Plant Inspection, Safety Device Testing, and Calibration Services for the VA Energy Center located in Minneapolis, Minnesota.

b. The requirements for this service contract include boiler plant inspection, feedwater deaerator pressure vessel inspection, and safety device testing and calibration.

c. Services shall be provided at the following location:

Minneapolis VA Health Care System Energy Center One Veterans Drive Minneapolis, MN 55417

d. The equipment to be serviced under this contract is:

1. Boiler #1 Cleaver Brooks- Model DL-68-RH 45,000 pounds of steam, 1275 horsepower.

2. Boiler #2 Cleaver Brooks- Model DL-68-RH 45,000 pounds of steam, 1275 horsepower.

3. Boiler #3 Cleaver Brooks- Model DL-68-RH 45,000 pounds of steam, 1275 horsepower.

4. Boiler #4 Cleaver Brooks- Model DL-52-RH 30,000 pounds of steam, 875 horsepower.

5. Boiler #5 Small Low Pressure Boiler – Model, Pounds of Steam, and Horsepower to be determined.

6. Deaerator tank - Internal inspections base year only

7. Condensate Tank

Note: Boilers # 1-4 are located in building 69, also known as the Energy Center, of the Minneapolis VA Health Care Systems (VAHCS) Facility. Boiler #5 is located in building 222.

e. Period of Performance:

Base Year: 04/01/2020 to 03/31/2021 Option Year I: 04/01/2021 to 03/31/2022 Option Year II: 04/01/2022 to 03/31/2023 Option Year III: 04/01/2023 to 03/31/2024 Option Year IV: 04/01/2024 to 03/31/2025

Section 2. Introduction:

A. VAHCS has a central high pressure boiler plant to provide steam for heating and air conditioning, domestic hot water, kitchens, and sterilization. Some medical centers have laundries that utilize steam.

B. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VAHCS management. Boilers and feedwater deaerators are pressurized devices containing steam and hot water. They can fail catastrophically causing injuries and death and massive property damage. Regular inspections by experts are an essential part of a program to address these concerns.

C. This “Statement of Work” describes the requirements for the boiler inspections and feedwater deaerator inspections to be performed by “Qualified Professional Inspectors” under contract.

D. The Background section above lists the facilities where the inspections will be required, lists the boilers and feedwater deaerators to be inspected at each facility and provides a schedule for the inspections. Other pressure vessels may be included in the inspection requirements.

E. “Qualified Professional Inspectors” as defined below shall perform internal and external inspections on high pressure (over 15 psig) steam boilers and internal inspections on feedwater deaerators and other pressure vessels.

F. Non-destructive testing of feedwater deaerator pressure vessels shall be performed by certified non-destructive testing technicians as defined below under the guidance of the Qualified Professional Inspector.

Section 3. “Qualified Professional Inspector” is defined as any one or combination of:

A. A boiler inspector who has a valid commission from the National Board of Boiler and Pressure Vessel Inspectors (NB).

B. A boiler inspector who has qualified by passing a written examination under the laws, rules and regulations of a jurisdiction of a state.

C. A boiler inspector who is regularly employed as a boiler inspector by a jurisdiction which has adopted and administers one or more sections of the American Society of

Mechanical Engineers (ASME) Boiler and Pressure Vessel Code as a legal requirement, and has a representative serving as a member of the ASME Conference Committee.

D. A boiler inspector who is regularly employed by an insurance company which has been licensed or registered by the appropriate authority of a State of the United States to write boiler or pressure vessel insurance.

Section 4. Qualifications for Non-Destructive-Testing Technicians:

The technicians shall be certified as being qualified Level II technicians in the non-destructive testing methods to be utilized. The certification shall be in accordance with the requirements of the American Society for Non-Destructive Testing (ASNT).

Section 5. Reference Materials:

The “Qualified Professional Inspector” shall demonstrate familiarity with and ready access to the current versions of the following codes and manuals:

ASME Boiler and Pressure Vessel Code:

Section I - Power Boilers Section IV - Heating Boilers Section VI - Care and Operation of Heating Boilers Section VII - Care of Power Boilers

ASME B31.1, Power Piping Code ASME CSD-1, Controls and Safety Devices for Automatically Fired Boilers ANSI/NB-23, National Board Inspection Code NFPA 85, Boiler and Combustion Systems Hazards Code VHA Boiler Plant Safety Device Testing Manual, most recent edition (currently 5th Ed.)

All boiler and pressurized vessel codes adopted by the State of Minnesota

Section 6. Inspection Requirements:

A. Annual internal and external inspections are required for each boiler. Internal inspections of the feedwater deaerator pressure vessel are required every six years (or more frequently if welding repairs have been performed).

B. At least two weeks notice to VAHCS is required prior to an inspection. Also, the inspection must be scheduled for periods when VAHCS determines that the boilers that will be inspected internally will not be needed for steam supply and when the VA Technical Representative (VATR) or his/her designate is available on site to monitor the inspections. To maintain steam service, typically only one boiler at a time will be scheduled for internal inspections per inspection visit. Thus, multiple visits per VAHCS facility will be necessary every year to inspect all the boilers internally.

C. Feedwater deaerator pressure vessel inspections must be scheduled during periods of low steam demand.

D. Coordinate the inspection schedule with the VATR so that VAHCS can prepare the boilers and feedwater deaerator for the inspections in advance and have personnel available to monitor the inspections.

E. Boilers scheduled for internal inspection will be prepared for the inspection by VAHCS prior to the scheduled arrival of the inspector. This includes cooling the boilers to near ambient temperature and having all manways, handholes and furnace access doors open; the boilers cleaned of loose materials waterside and fireside; electrical “lock-out, tag-out” in place; connecting piping isolated; proper illumination provided; compliance with “confined space” access requirements including having safety personnel present in the boiler plant. Similar advance preparations will be made to the feedwater deaerator when it is scheduled for internal inspection.

F. VAHCS will comply with any other requirements of the inspector that are considered reasonable by VAHCS and have been presented in writing at least two weeks prior to the scheduled inspection.

G. The boiler and feedwater deaerator inspections shall comply with the guidelines in the current issue of the NATIONAL BOARD INSPECTION CODE, Part RB, Inservice Inspection of Pressure-Retaining Items, and ASME Boiler and Pressure Vessel Code, Section VI or VII as applicable. In addition to those guidelines, the inspections shall comply with all VAHCS requirements as listed in this document.

H. The inspector must completely enter the internal spaces of the boiler or feedwater deaerator and visually inspect all internal surfaces that can be accessed.

I. Methods for testing safety devices shall comply with VHA Boiler Plant Safety Device Testing Manual, 5th Edition or most recent edition.

J. Summary of the minimum inspection requirements for boilers:

1) Review the boiler history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping on boiler, National Board registration number, history of repairs and modifications. Review boiler logs, water test reports, and reports on tests performed on the burner controls and interlocks.

2) Assess the external parts of the boilers and boiler accessories and piping and valves for safety, accessibility, proper maintenance and operation, cleanliness, and compliance with codes.

3) Inspect for evidence of leakage of combustion gases or fluids, externally and internally, including all gaskets.

4) Inspect foundations for signs of stress such as cracking or movement.

5) Inspect boilers externally and internally for defects including bulges, blisters, cracks, wasted or eroded material, warping, general corrosion, grooving and pitting, damaged insulation.

6) Inspect all accessible internal surfaces for waterside and fireside deposits, including scaling, sediment, debris, carbon deposits.

7) Examine all stays and stayed plates.

8) Inspect gas side baffles.

9) Inspect internal drum surfaces and steam separating internals.

10) Inspect soot blowers and verify proper alignment.

11) Inspect tubes, tube ends and tube alignment. Check for sagging tubes.

12) Verify that all nozzles of internal piping such as feedwater admission and bottom blowoff collection are clear with no obstructions.

13) Inspect seating surfaces of manways and handholes.

14) Check that boiler structure is plumb and level with no excessive deformations.

15) Check for missing items such as bolts and nuts.

16) Examine all valve and pipe connections to the pressure vessel.

17) Inspect refractory including burner throat, expansion joint, bull ring, furnace seals, furnace walls and floor.

18) Verify proper alignment of burner assembly.

19) Inspect furnace for evidence of flame impingement.

20) Test operation of water level gage glass.

21) Perform mechanical and electrical inspection of disassembled low water cutouts

(disassembly by VA). After reinstallation, test operation to the extent possible.

Test low water cutouts on hot boilers by lowering water level gradually.

22) Verify that steam pressure gage is properly calibrated.

23) Test operation of high steam pressure cutouts on hot boilers by raising steam pressure.

24) Inspect safety valve installations and verify that the valves have proper capacity and set pressure and valves, drains and vents are properly installed. Verify that valve locking seals are not broken. On boilers that are hot, perform an operation test under pressure to confirm operation at proper set pressures. Operate boiler with burner at high fire to verify adequate steam flow capacity of the safety valves (“accumulation test”).

25) Inspect piping connected to the boilers for evidence of leakage, provision for expansion, provision of adequate support, proper alignment, evidence of detrimental conditions.

26) Inspect piping to the water column, low water cutoffs and alarms, gage glass.

Verify that interior of piping is clear of obstructions.

27) Inspect valves on boiler feedwater, blowdown, drain and steam systems.

28) Provide recommendations for non-destructive testing when the inspections indicate that this is necessary to assure continued safety and reliability under current operating conditions.

L. Summary of the minimum inspection requirements for feedwater deaerators:

1) Review the feedwater deaerator history including: operating conditions, date of last inspection, current inspection certificate, ASME stamping, National Board registration number, materials of construction, extent of postweld heat treatment, history of repairs and modifications.

2) Assess the external parts of the feedwater deaerator and accessories and piping for safety, accessibility, cleanliness. proper operation, and compliance with codes.

3) Inspect for evidence of leakage.

4) Note feedwater deaerator pressure gage and thermometer readings and verify gage and thermometer accuracy.

5) Inspect safety valve installation and verify that the valves have proper set pressure and capacity and are properly installed. Perform an operation test under pressure to confirm operation at proper set pressures. Verify that the deaerator can safety withstand the test pressure prior to testing the valve(s) in-situ.

6) Verify that non-condensable gas vent line is open and proper orifice is provided to permit venting of gases.

7) Inspect support structures for proper integrity and allowance for thermal expansion.

8) Internal inspections (6 year intervals unless otherwise recommended because of welding repairs):

a. Visually inspect all visible pressure vessel surfaces for corrosion, material thinning, deposits, and weld cracking.

b. Inspect spray nozzles and trays.

c. Certified American Society for Non-Destructive Testing (ASNT) Level II technicians shall perform non-destructive tests using the wet fluorescent magnetic particle (WFMT), ultrasonic testing (UT), and any other necessary non-destructive tests.

o Completely examine all accessible welds utilizing the WFMT test method.

Properly prepare the surfaces before testing.

o Determine pressure vessel material thickness by UT. Thickness measurement locations shall be selected by dividing the storage tank heads into quadrants and taking measurements at each quadrant on two imaginary rings in each head (eight measurements total). Measurement locations on the shell shall be on each of the quadrants, on four to six locations along the length of the shell (16 to 24 measurements total). The technician may recommend fewer or more tests to the owner, providing justification.

o Typically, the pressure vessel section containing the deaerator trays and sprays is not accessible for non-destructive testing. The experience is that this section, which is mainly exposed to steam, is less vulnerable to weld failures and material thinning than the storage section which contains condensate and make-up water.

d. Calculate maximum allowable working pressure rating of vessel based on thickness measurements. Calculate depletion rate of material thickness.

Section 7. Report Requirements:

1. Provide complete written report fully describing all inspections and tests performed, findings, and recommendations. The condition of all items inspected shall be stated whether acceptable or deficient. All deficiencies shall be fully described along with recommendations for methods of correction. Utilize National Board Forms NB-6 and NB- 7, or other similar forms acceptable to owner.

2. Provide sketches and photographs as necessary and as requested by owner to show areas identified as not acceptable for continued service or requiring repair.

3. Include test data and calculations. Show locations and extent of all non-destructive testing by sketches.

4. Furnish report within one week of each facility inspection in “Microsoft Word” format by email to the VATR and to the VA Headquarters office designated in the attachment.

5. All safety-related deficiencies shall be immediately reported to the VATR during the inspection visit.

6. Provide recommendations on need for re-inspections after correction of deficiencies.

Cost of re-inspections shall be extra cost negotiated with VA Contracting Officer.

Section 8. Inspection, Testing and Calibration Boiler Plant Burners, Controls, Instruments and Data Management

1. Introduction:

A. Most Department of Veterans Affairs Medical Centers (VAMC) have a central boiler plant to provide steam for heating and air conditioning, domestic hot water, kitchens and sterilization. Some medical centers have laundries that utilize steam.

B. Boiler plant safety, reliability, efficiency and equipment longevity are paramount concerns of VAMC management. Malfunctioning burners or controls can cause catastrophic events resulting in injuries and death and massive property damage.

Inaccurate or inadequate data management and monitoring systems can fail to warn of unsafe or inefficient performance. Regular inspections, testing and calibration by expert technicians are an essential part of a program to address these concerns.

C. This “Statement of Work” describes the requirements for the inspection, testing and calibration of the boiler plant burners, controls and instruments by qualified technicians.

2. Technician Qualifications:

A. Technicians shall have completed at least a one-year trade school and have five years successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the VAMC plant. The VAMC facility manager/engineer may define and accept equivalent qualifications.

B. Technicians shall demonstrate familiarity with and ready access to the current versions of the following references:

NFPA 85, Boiler and Combustion Systems Hazards Code.

VHA Boiler Plant Safety Device Testing Manual, 5th Edition or most recent edition.

C. Technicians shall be equipped with portable electronic flue gas analyzers and other test instruments necessary for the required tests and calibrations, all calibrated within one month of the site visits. At facilities with programmable digital controls, the technicians must be capable of programming the controls and have the appropriate hardware and software for this.

3. Inspection, Testing and Calibration Requirements:

A. Technicians shall perform inspection, tuning, testing, calibrating, and adjustments of burners and boiler and boiler plant controls as specified below. This shall be done every six months in accordance with a schedule provided by VAMC. VAMC may extend the schedule for burners in limited service.

B. Instrumentation, monitoring and data management systems as listed below shall be calibrated every six months.

C. Provide at least two weeks notice to the VA Technical Representative (VATR) prior to performing the work. Work cannot be scheduled during heavy steam load periods.

Only one boiler at a time can be out of service for the inspection, testing and calibration procedures. Work must be conducted when the VATR or his/her designate is available on site to monitor the work.

D. VAMC will have the boilers that are to be serviced prepared for the technicians upon their scheduled arrival. This includes having the boilers clean of soot and loose scale; fully warmed and at normal steam pressure; steam exhaust silencer system operable; all boiler, burner and fuel train pressure gages and thermometers calibrated; fuel meters in accurate operation (pressure/temperature correction factors provided, if applicable); boiler steam flow, stack temperature and flue gas oxygen instruments operating.

E. VAMC will comply with any other requirements of the test personnel that are considered reasonable by VAMC and have been presented in writing at least two weeks prior to the scheduled testing.

F. The inspections, testing and calibrations shall comply with:

1) The recommendations and requirements of VHA Boiler Plant Safety Devices Testing

Manual, most recent edition.

2) The written recommendations of the equipment manufacturers.

3) The requirements and recommendations of NFPA 85 Boiler and Combustion

Systems Hazards Code including applicable appendices.

4) Burner performance requirements in this document.

G. A summary of the work is as follows:

1) Review boiler plant log sheets and alarm and trouble reports.

2) Review records that show combustion performance (flue gas oxygen and carbon monoxide).

3) Perform overall visual inspection of systems. Verify that systems comply with referenced codes and VAMC requirements stated in this contract.

4) Test and record the operation and set points of all burner/boiler safety interlock devices. Refer to list below. Verify that the set points and operating points are within approximately 20% of normal operating parameters. Make adjustments as necessary and record the new settings. The operation of a device must result in burner shutdown and/or proper alarm operation.

5) Operate burner(s) on each fuel from low fire to high fire and back to low fire in at least six increments and record combustion performance (flue gas oxygen, carbon monoxide, NOx where applicable), fuel train pressures, atomizing train pressures, burner pressures, stack temperatures, boiler steam output.

6) Compare the combustion performance data with VAMC requirements (see below) and previous readings. If necessary, make adjustments to the fuel flow and combustion air controllers, control valves and dampers to obtain the required performance. Record the new performance data.

7) Verify accuracy of instrumentation listed below. Verify that all devices are properly selected for the application in terms of type, size, set point range, performance, code approval. Calibrate all instruments that are not within manufacturer’s specifications for accuracy.

8) Immediately inform VATR of any recommended repairs or modifications.

H. List of interlocks and safety devices to be inspected and tested on each boiler/burner:

1) Low water cutoff and shunt switch.

2) Auxiliary low water cutoff and shunt switch.

3) High water alarm.

4) Low water alarm.

5) High operating steam pressure switch – recycle.

6) High operating steam pressure switch – non-recycle.

7) High and low main fuel pressure switches (gas/oil).

8) Low pilot gas (igniter) pressure switch.

9) High and low fuel temperature switches (heated oil).

10) Low fuel oil atomizing media (steam/compr.air) pressure switches.

11) Low differential pressure switch, atomizing media/fuel oil (if provided by burner manufacturer).

12) Low flue gas oxygen.

13) Oil burner position switch (if provided by burner manufacturer).

14) Fuel safety shut off valves proof of closure (overtravel/valve seal switch).

15) Leak test fuel safety shut off valves (main and pilot burners) (seat leakage).

16) Leak test gas fuel vent valves.

17) Forced draft motor interlock.

18) Forced draft damper wide-open interlock for purge.

19) Outlet damper open interlock for purge (if outlet damper provided).

20) Purge airflow interlock.

21) Purge timing.

22) Ignition timing.

23) Low fire position interlock.

24) Combustion airflow interlock.

25) Main flame out – time to close fuel valves.

26) Ignition flame out – burner shutdown.

27) Scanner not sensing ignition spark (ultraviolet scanner).

28) Scanner not sensing hot refractory (infrared scanner).

29) Control air pressure interlock.

30) Low flue gas oxygen interlock.

31) Flue gas recirculation damper set for prepurge.

I. Required burner performance (natural gas and fuel oil):

1) Turndown (ratio of maximum and minimum firing rates): 10/1 8/1 5/1 4/1 (Refer to original burner specification).

2) Achieve, but do not exceed, boiler maximum steam flow output rating. Measure fuel input at minimum and maximum firing rates.

3) Maximum carbon monoxide: 200 parts per million (ppm)

4) Maximum NOx: _____ (Refer to original burner specification).

5) Flue gas oxygen: 2.5 – 4.2% (Up to 5.2% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single-point positioning systems).

6) Flue gas oxygen (low excess air burners): 1.0 – 2.0% (Up to 2.5% at loads below 40% of maximum steam output; no upper limit at minimum firing rate; oxygen can be one percentage point higher on oil firing on single point positioning systems).

7) No visible smoke, except on heavy oil fuel maximum opacity is 20%. Comply with local emissions regulations.

8) Flames shall be stable with no pulsations, shall be retained near burner, no blowoff or flashbacks, no constant flame impingement on refractory or waterwalls.

J. List of instrumentation and controls to be inspected and calibrated:

1) Steam flow transmitters (all).

2) Steam flow recorders/computer readout.

3) Flue gas oxygen sampling, analyzing and recorder/computer readout.

4) Boiler and economizer stack temperature transmitters and recorder/computer readout.

5) Master steam pressure and combustion controllers.

6) Boiler outlet draft controllers.

7) Boiler water level controllers.

8) Feedwater deaerator and condensate storage tank water level controllers including overflow.

9) All pressure and temperature sensors and transmitters.

10) All signal processing and readout devices.

4. Report Requirements:

A. Provide complete written report of the inspection fully describing all tests performed, all findings, and recommendations.

B. Furnish report within one week of each facility inspection in “Microsoft Word” format by email to the VATR and to the VA Headquarters office designated. Provide hard copies of data sheets and flue gas analyzer “strip” printouts to the VATR within one week of visit.

C. All safety-related deficiencies shall be immediately reported to the VATR during the inspection visit.

5. Emergency Services:

A. If the boilers at the Energy Center are such that a required back-up is not available, it will be considered an emergency. Contractor shall provide emergency service including diagnosis, repair, parts and labor to correct problems related to the equipment covered under the contract. The service shall be rendered at any hour of any day of the week. Contractor is required to call the Energy Center back within one (1) hour of contact and must arrive on-site at the Energy Center within four (4) hours of notification. Contractor shall make necessary repairs within three calendar days. If emergency service is performed during normal hours, there shall be no additional charges.

i. If additional repairs are required to make a boiler operational, provide the nature of the repair and a budgetary cost estimate.

ii. Any additional charges claimed must be approved by the Contracting Officer before service commences. Any additional work performed by the contractor without the prior written approval of the Contracting Officer will be performed by the contractor at no additional cost to the government.

Section 9. General Requirements

a. All work and schedules shall be coordinated with the VATR before commencing services.

i. Check in/out procedures as follows: Prior to the commencement of and immediately after each service visit; the Contractor and/or the Contractor’s authorized technicians, must check in and out with the VA Boiler Plant staff. Due to heightened security requirements, the Contractor and/or the Contractor’s authorized service representatives shall be escorted and will be required to wear an ID Badges which will be signed for upon arrival and turned in when leaving and be escorted. This badge must be turned in before leaving the premises; otherwise, the person signing for it will be required to pay for the unreturned ID Badge.

b. It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

c. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free and weapons are prohibited on the premises.

2. Security Requirements

a. Contractor will need to obtain a Vendors badge from the Outpatient Entrance Security Desk.

b. A valid government form of identification will be required: (driver’s license of state issued ID etc.).

3. National Archives and Records Administration (NARA) Records Management

Language for Contracts

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C.

552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

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

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

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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

B.3 STATEMENT OF WORK