Solicitation 36C26322Q0020 Amendment 0001.pdf

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

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10A. MODIFICATION OF CONTRACT/ORDER NUMBER

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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

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 5

636-22-1-5058-005

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

36C26322Q0020

X

636-3620162-5058-854100-3220 010055592

636-22-1-5058-005

X One

Critical Water System Maintenance service for the Nebraska-Western Iowa VA Health Care System.

This is an Amendment to Solicitation 36C26322Q0020 to Amend the Performance Work Statement to add Section 18 VHA

SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

No technical questions were received in regards to this solicitation.

Scott Morrison

Contracting Officer

NCO2316L2-65423

Critical Water Maintenance, Removal, & Installation Contract – NWIHCS

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B.3 PERFORMANCE WORK STATEMENT

1. GENERAL DESCRIPTION:

1.1. This contract relates to the services needed on water treatment equipment located at the Omaha and Grand Island Medical Center of the Department of Veterans Affairs Nebraska-Western Iowa

Health Care System.

1.2. This performance work statement includes service actions of maintenance, removal, and installation of existing and new water treatment equipment for the Sterile Processing Services

(SPS) departments at both the Omaha and Grand Island hospital campuses.

2. PERFORMANCE LOCATIONS:

2.1. Department of Veterans Affairs Nebraska-Western Iowa Health Care System

Omaha VA Medical Center

4101 Woolworth Avenue

Omaha, NE 68105

2.2. Department of Veterans Affairs Nebraska-Western Iowa Health Care System

Grand Island VA Medical Center

2201 N. Broadwell Avenue

Grand Island, NE 68803

3. PERFORMANCE PERIODS:

3.1. Base year from 12/01/2021 to 11/30/2022

3.2. Option year one from 12/01/2022 to 11/30/2023

3.3. Option year two from 12/01/2023 to 11/30/2024

3.4. Option year three from 12/01/2024 to 11/30/2025

3.5. Option year four from 12/01/2025 to 11/30/2026

4. PERSONNEL CONTACT INFORMATION:

4.1. The contractor shall provide to the contracting officer (CO) and the technical representative

(VATR) active mobile numbers, email addresses, and/or SMS texting numbers which can always be used to alert the contractor, including weekdays, weeknights, weekends, and holidays. Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication.

4.2. Omaha VA Medical Center 06:00–17:00:

4.2.1. Primary – Josiah Curley, 402-995-5545 & 918-581-4171, Josiah.Curley@va.gov

4.2.2. Secondary – Griffin Walsh, 402-995-3741 & 531-232-9231, Griffin.Walsh@va.gov

4.2.3. Tertiary – Plumbers / Pipefitters, 402-995-3017

4.3. Omaha VA Medical Center 17:00–06:00:

4.3.1. Primary – Boiler Plant Operators, 402-995-4830 & 402-547-3276

4.3.2. Secondary – AC Plant Operators, 402-995-3280 & 402-676-8341

4.4. Grand Island VA Medical Center 06:00–17:00:

4.4.1. Primary – Josiah Curley, 402-995-5545 & 918-581-4171, Josiah.Curley@va.gov

4.4.2. Secondary – George Burgess, 308-395-2369, George.Burgess2@va.gov

4.4.3. Tertiary – Plumbers / Pipefitters, 308-395-2013

4.5. Grand Island VA Medical Center 17:00–06:00:

4.5.1. Primary – Boiler Plant Operators, 308-395-3400 & 402-547-3276

4.5.2. Secondary – AC Plant Operators, 308-395-2018 & 308-395-2017

5. EQUIPMENT:

5.1. The Omaha critical water treatment system was designed and installed by Evoqua Water

Technologies.

5.2. The system consists of several filters, membranes, ion exchangers, UV light generators, centrifugal pumps, and related components.

5.3. The Grand Island critical water treatment system was designed and installed by Culligan Water.

5.4. The water treatment equipment in Grand Island is noncompliant with VA design standards (see

VHA Plumbing Design Guide).

5.5. The current system consists of PEX plumbing which is prohibited by the VA on reverse osmosis water systems.

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5.6. This system will require removal and modernization as discussed in the next section.

6. CURRENT EQUIPMENT LIST

6.1. Omaha VA Medical Center has an Evoqua water treatment system with an Aquafine UV unit, a

RO system, a UV unit, an endotoxin 0.2-micron filter, a backwashing carbon filter, and a mixed bed DI tanks w/quality lights.

6.2. Grand Island VA Medical Center has a Culligan water treatment system which will require removal and replacement per the requirements discussed in Section 9 of this PWS.

7. C ONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:

7.1. The contractor shall furnish necessary labor, tools, equipment, personnel, and transportation to complete each of the below action items described by reasonably achievable means upon award.

7.2. The awarded contractor must abide to the contractual requirements and performance criteria outlined in this section of the performance work statement.

7.3. The contractor may be required in some instances to perform work outside of normal business hours to ensure that the performance criteria and contractual requirements are satisfied within the performance period.

7.4. The contractor will be responsible for devising a feasible construction plan approved by the

VATRs.

7.5. This construction plan will remove existing PEX piping and install compliant PVC piping for the critical water system in Grand Island.

7.6. This work may be required to be performed after-hours and may also require 24-hours services to minimize SPS downtime for the VA depending on the nature and extent of the required work proposed by the contractor.

8. GENERAL REQUIREMENTS:

8.1. 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. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free. No weapons are permitted on the premises.

8.2. The contractor will be required to meet with the VATR prior to the award date of the contract to hold a kickoff meeting to discuss the contents contained within this performance work statement.

During this meeting, the contractor will ensure that questions, concerns, and expectations are brought up and addressed before commencing work to remove any ambiguity of the performance expectation and criteria.

8.3. The contractor personnel shall report to the VA site representative to sign in and acquire a badge, and they shall report back to the VA site representative to sign out and return the badge before departing the facility at the end of each day.

8.4. The contractor personnel shall wear an identification badge provided to them by the VA when performing contractual work on federal property.

8.5. If certain repair work is unable to be performed during normal business hours, arrangements will be made with the contractor and VATR for establishing a schedule to perform the work during after-hours.

8.6. The contractor will be responsible for providing electronic documentation detailing work performed at the end of each week or upon completion of work. It is the contractor’s responsibility to maintain a detailed account of work performed as well as the respective documentation of that work so that the VATR will be provided with a comprehensive record of the contract deliverables proving that the contractual requirements were, in fact, completed and documented. USBs or external hard drives will not be accepted as a method of providing digital documentation of contract deliverables to the VA, as they pose an IT security risk. Any contract work will not be considered complete until the documentation has been received and reviewed by the VATR.

8.7. The contractor will be responsible for ensuring that workplace safety regulations, such as regulations established by OSHA, are always adhered and that a clean, non-cluttered workspace is maintained upon completion of any repair work and related services. At no time will the contractor personnel leave equipment or leftover materials on location when work being

B.3-4 performed is not continual 24-hour work unless the VATR has given explicit written permission to the contractor to do so.

9. REPLACEMENT OF GRAND ISLAND CRITICAL WATER SYSTEM:

9.1. The contractor shall remove, design, and install a new critical water treatment system for the

Grand Island medical center’s sterile processing department within the shortest timeframe reasonably achievable both economically and feasibly from the standpoint of the contractor and

VA (e.g. 60 hours of continuous work). The contractor shall compose a feasible installation plan that meets the approval of the VATRs based on the requirements and stipulations of the VHA

Plumbing Design Guide.

9.1.1. The new critical water treatment system should be a Dual Column DI system with 1 meg quality light. This will provide polished water that exceeds the TDS requirements contained in TIR34. Ability to bypass the RO will be integrated in the system which will allow SPS to remain operational should the RO system experience a failure at any time.

9.1.2. An anti-scalant system will be included that provides for continued use of the RO system should softened water be unavailable at any time to SPS. This system can remain bypassed should soft water be available or easily utilized should soft water be unavailable for a period. Water hardness of ~20 gpg in Grand Island necessitates either soft water feed or use of an anti-scalant for best results.

9.1.3. Blending valve to achieve ideal feed water temperature of 77 F is not recommended for this application as capacity of recommended system using a 50% safety factor is twice the capacity of the existing SPS RO in Grand Island.

9.1.4. Both the RO unit and DI system are on casters allowing the system to be repositioned for maintenance. This is ideal given the space constraints of the existing water treatment area.

9.1.5. An example of an acceptable new critical water treatment system would be the

AmeriWater model OOHC-2019-AAMI or else a system with similar design outputs that is compliant with AAMI TIR34/ST108.

9.2. This construction plan will remove existing PEX piping and install compliant PVC piping along with additional water treatment equipment required to achieve the criteria outlined in section four “categories of water quality for medical device reprocessing” of AAMI TIR34:

2014/R2017. AAMI TIR34: 2014/R2017 is soon to be replaced with AAMI ST108 and will become a national standard. Contractor proposals to this solicitation should take into consideration future requirements that will take effect upon AAMI ST108’s adoption. Design proposals for the water treatment system should be based upon both the recommendations in

AAMI TIR34: 2014/R2017 as well as the future requirements of AAMI ST108. This work may need to be performed after-hours and may require 24-hours services to minimize SPS downtime for the VA depending on the nature and extent of the proposed work by the contractor. The installation of the new critical water system must satisfy the space restrictions where the existing equipment currently resides within the utility closet.

9.3. The contractor shall institute a comprehensive preventative maintenance program for the critical water treatment systems serving the sterile processing services departments located at both the

Omaha and Grand Island medical centers. The contractor shall be expected to perform operating inspections, routine preventative maintenance, emergency service requests, and proactive maintenance to maintain machines at their originally intended engineering design outputs and parameters as intended by the original equipment manufacturer. The preventative maintenance program established by the contractor must ensure that sterilization capability is available and ready whenever demand occurs by hospital staff. The preventative maintenance program proposed by the contractor should be reasonably achievable both economically and feasibly from an engineering standpoint by the contractor and the VA. Machines that would fall under the purview of this contractually required preventative maintenance program include the following items and are is not exclusive to just these: water treatment apparatuses, automatic water quality monitors, analog and digital displays, centrifugal pumps, and associate equipment included in the water treatment system from the initial point and final point of the process flow.

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9.4. The contractor shall have 30 calendar days to create and provide a detailed, comprehensive digital schematic of the process flow, equipment nomenclature, and purpose behind each piece of equipment within the water treatment systems at both the Omaha and Grand Island medical centers. This diagram will include any existing and newly installed water treatment equipment per the contractor’s recommendations and proposed design based on the suggested criteria for critical water quality laid out in AAMI TIR34: 2014/R2017 as well as the requirements contained in the VHA Plumbing Design Manual, and any future criteria included in a contract modification as the result of any new VHA Directive policies and standards). This schematic shall include salient equipment characteristics such as manufacturer, serial number, model number, and any other relevant data to adequately identify key attributes of the respective pieces of equipment. This schematic shall also include a brief explanation for each equipment in a succinct format describing the general design intent behind each component of the system as well as the purpose it serves. The schematic shall be provided to the VA as a deliverable in the form of a PDF or AutoCAD file.

9.5. The contractor will submit a comprehensive installation schedule for the necessary work in

Grand Island to the VATR within five business days prior to the start of the base year. The contractor will be required to submit daily progress updates when installation work is being performed. The contractor shall also submit a comprehensive maintenance schedule to the

VATR within five business days prior to the start of the base year and any recuring option years for both campuses included under the purview of the contract for preventative maintenance.

Maintenance performed shall be documented and sent to the VATRs in digital format so that a detailed record can be maintained for contractor accountability and VA records keeping. The contractor shall provide any requested documentation to the VATR as needed so long as requested information does not violate ethical standards or proprietary business information pertaining to the contractor.

10. PREVENTATIVE MAINTENANCE SERVICES

10.1. The contractor shall maintain the Omaha VA Medical Center and the Grand Island VA

Medical Center critical water systems by providing preventative maintenance and sanitation services per the manufacturers requirements and the standards of AAMI TIR34: 2014/R2017.

AAMI TIR34: 2014/R2017 is soon to be replaced with AAMI ST108.

10.2. Below are proposed system preventative maintenance and sanitization recommendations:

10.2.1. Re-bed backwashing carbon filter - Annually

10.2.2. Mixed bed DI tank - Quarterly worker tank exchange & tank rotation

10.2.3. Endotoxin filters remove/replace - Annually

10.2.4. Pre-sediment filter replacement - Quarterly

10.2.5. RO membrane replacement - Annually

10.2.6. UV bulb replacement - Annually

10.2.7. UV quartz sleeve replacement - Every 2 years

10.2.8. Sanitize entire loop/system - Annually

10.2.9. 0.2-micron vent filter replacement - Annually

10.2.10. Calibrate controllers on regular basis - Quarterly check/calibration

10.2.11. Service work order provided quarterly to VA Omaha and Grand Island staff

11. EMERGENCY SERVICES:

11.1. The contractor’s response to on-call emergency service shall be governed by the degrees of seriousness outlined below:

11.1.1. MINOR REPAIR

11.1.1.1. Definition – A malfunction or failure of a water treatment equipment is detected that has not compromised sterile processing services ability to ensure safe cleaning of critical medical devices to the point of shutting down hospital services.

11.1.1.2. Contractor response – The contractor shall respond on-site within 48 hours after notification by the COR or VATR of a malfunction or failure of the water treatment equipment and immediately initiate corrective maintenance (i.e. satisfying

B.3-6 manufacturer’s design outputs of respective equipment) repair actions to bring equipment back up to operational parameters.

11.1.2. MAJOR REPAIR

11.1.2.1. Definition – A partial or complete failure of equipment in the water treatment processing system is detected that has impacted, or will shortly impact, proper sterilization of critical medical devices to the point of shutting down hospital services

(e.g. a mission work stoppage in the affected areas).

11.1.2.2. Contractor response – The contractor shall respond on-site within six hours after notification by the COR or VATR of a partial or complete failure of the water treatment system that has caused or will shortly cause a mission work stoppage.

Under these conditions of equipment failure, the contractor shall be expected to work continuously (i.e. 24 hours/day), Saturdays, Sundays, and holidays or to the maximum level necessary to initiate corrective maintenance/repair actions. If 24 hour/day work is required to re-establish assurance of the critical water treatment system, then the contractor will be extended to deliver a crew capable of performing work on a 24 hour/day work schedule until the necessary repairs have been affected.

Major repairs include any repair actions that could not reasonably constitute the equipment reaching its end-of-life as the result of major mechanical component or electrical component failure. All other types of repairs needed to restore equipment to its originally intended engineering design outputs as per the original equipment manufacturer’s intention shall be included under this definition of major repair.

12. MODIFICATIONS AND REPAIRS

12.1. If additional unanticipated major repair items are required to make certain water treatment equipment operable and functioning as intended by the manufacturer (i.e. repairs that could reasonably constitute the equipment reaching its end-of-life as the result of major mechanical component failure), the contractor shall provide the nature of the repair and a budgetary cost estimate for such repairs in writing in the form of a quote. The contractor shall also provide a quote or prior invoice from another contract for the additional services needed.

The CO reserves the authority to make the determination on the VA’s behalf as to whether the pricing of services presented by the contractor constitutes fair and reasonable market pricing. As an alternative, the contractor shall provide a copy of an awarded prior contract with a federal agency for the same or similar types of repairs. If the cost for repairs exceed the amount in the applicable line item in the price/cost schedule, the CO may issue a bilateral contract modification to increase funding for authorized repairs after determining that the prices are fair and reasonable. Any additional charges claimed must be approved by the CO before services commence. Any additional work performed by the contractor without the prior written approval of the CO will be performed by the contractor at no additional cost or liability to the

Government. Parts may be repaired or replaced as the contractor deems appropriate so long as amount listed in CLINs cited in price/cost schedule are not exceeded. Only newly certified and/or recently refurbished equipment sold through authorized channels and distributors shall be used to affect repairs in this performance work statement’s contractual requirements.

12.2. The contractor may recommend equipment to be added, removed, or replaced during the active terms of the contract if the contractor deems it necessary for maintaining proper water quality control standards. Any changes to the water treatment equipment must be communicated and approved by the CO, and the changes must be deemed fair and reasonable from an economic standpoint based on market research. Changes in the water treatment design after the initial installation of equipment during the base year of the contract must meet the purification requirements set forth for reprocessing critical water in the AAMI TIR34 2014/R2017 water quality report and any current or future VHA Directive requirements pertaining to critical water.

Any water treatment equipment must be able to satisfy the demand requirements for the respective sterile processing department’s in Omaha and Grand Island. Installed water treatment process designs will be tested by a third-party laboratory for environmental validation to ensure that the system is delivering the as per AAMI TIR34 2014/R2017.

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13. REPORTING AND DOCUMENTATION:

1.1. The contractor will be responsible for providing weekly documentation of incremental work completed, if any, to the primary and secondary points of contact listed prior. Documentation should be submitted to the VATR when maintenance of any kind is performed, inspections of equipment is completed, inventory of materials is certified, or installation work is finished. The documents are to be in the form of electronic documents, preferably PDFs, and they should regularly be emailed to the VATRs at least one week after inspection or completion of work.

Any services provided and performed to and for to the VA must be documented digitally (or electronically scanned written documentation) and presented to the VA for records keeping upon completion of work.

14. LIMITATIONS ON SUBCONTRACTING:

14.1. By submission of an offer and execution of a contract, the offeror/contractor agrees in performance of the contract, in the case of a contract for services, it will not pay more than 75 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. An independent contractor shall be considered a subcontractor.

15. GRAY MARKET PREVENTION LANGUAGE:

15.1. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.

15.2. The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

15.3. The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

16. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS RECORDS MANAGEMENT

OBLIGATIONS:

16.1. Applicability

16.1.1. 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.

16.2. Definitions

16.2.1. “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.

16.2.1.1. The term Federal record:

16.2.1.2. includes Department of Veteran Affairs records.

16.2.1.3. does not include personal materials.

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16.2.1.4. applies to records created, received, or maintained by Contractors pursuant to their

Department of Veteran Affairs contract.

16.2.1.5. may include deliverables and documentation associated with deliverables.

16.3. Requirements

16.3.1. 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.

16.3.2. 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.

16.3.3. 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.

16.3.4. Department of Veteran Affairs 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 Department of Veteran Affairs 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 Department of Veteran Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

16.3.5. 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 action.

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 Department of Veteran Affairs 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 action. Destruction of records is

EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

16.3.6. 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

B.3-9 abide by Government and Department of Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

16.3.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

16.3.8. The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

16.3.9. 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.

16.3.10. The Department of Veteran Affairs 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 Department of Veteran Affairs 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.

16.3.11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veteran Affairs -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.]

16.4. Flowdown of requirements to subcontractors

16.4.1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract action, and require written subcontractor acknowledgment of same.

16.4.2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

17. CONTRACTOR PERSONNEL SECURITY AND CONDUCT REQUIREMENTS:

17.1. The contractor shall be responsible for ensuring compliance by its employees with all VA procedures governing building access and security. Contractor personnel shall always be escorted by VA personnel. The VA Technical Representative will assist the contractor personnel in obtaining requisite identification badges to enter the facilities and collect samples.

17.2. Contractor employees shall always present a professional appearance and their conduct shall not reflect discredit upon the United States and or the VA/VHA. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. VA/VHA facilities for misconduct or for security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract. The

Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee. The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

17.3. Employees of the contractor and sub-contractors shall always conduct themselves in a professional manner while on VA property.

17.4. Physical or verbal misconduct may be grounds for removing employees from VA property, or grounds for arrest by the VA Police. Employees may be banned from VA property because of inappropriate or illegal behavior. The contractor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the

Government as a result of employee misconduct.

B.3-10

17.5. Smoking: Smoking (including vaping) is prohibited on all NWIHCS campuses.

18. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE

COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

18.1. Contractor employees who work in or travel to VHA locations must comply with the following:

18.2. Documentation requirements:

18.2.1. If fully vaccinated, shall show proof of vaccination

18.2.1.1. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19

Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

18.2.2. If unvaccinated and granted a medical or religious exception, shall show negative

COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

18.2.3. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to

VA facilities and after entry for spot inspections by Contracting Officer

Representatives (CORs) or other hospital personnel.

18.2.4. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

18.3. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19

Screening Tool. Regularly check the website for updates.

18.4. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

18.5. Contractor must immediately notify the Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

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