Attachment 1 - Updated Performance Work Statment- Facilities Operations Staffing Assistant Station 135 .docx

OFFICE OF INTEGRATED VETERAN CARE

FACILITIES OPERATIONS ASSISTANT

PERFORMANCE WORK STATEMENT

1.0 GENERAL

1.1. SCOPE OF REQUIRED SERVICES: The contractor shall provide assistance to the Office of Integrated Veteran Care (IVC) Logistics Department. The services relate to space planning coordination. The incumbent serves as a liaison for the Facility’s section of Logistics assisting with the coordination of various minor construction and repair projects throughout the facility.

1.2. PLACE OF PERFORMANCE: To start the place of performance will be at the Office of Integrated Veteran Care (IVC) located at 3773 Cherry Creek Dr. N, Denver, CO 80209. Between June 2024 and March 2025, the IVC office will be relocated to the Denver Federal Center, West 6th Avenue and Kipling Street, Lakewood, CO 80225. The Contractor will receive at least a 30-day notice of this change.

1.3. STAFFING REQUIREMENTS: The contractor shall provide the following key personnel:

FTE Needed:

· Facility Operations Assistant: 1 FTE

· Hours M-F Except Federal Holidays 0700-1530

The VA Full Time Equivalency (FTE): FTE is defined by VA as a minimum of 80 hours every two weeks and does not include holidays.

Length of Service: Length of service shall be a base year with four (4) one-year options.

1.4. POSITION DUTIES:

(a) Space Planning & Design The incumbent applies analytical skill and a general knowledge of mechanical, electrical, and/or structural facilities engineering operations to projects, problems, and studies related to the evaluation and improvement of the assigned program. The incumbent serves as one of IVCs primary contacts for all issues related to the assigned facilities program, including short- and long-term strategic planning, budget development, procurement of supplies, materials, and services, identification of requirements and priorities, and delivery of goods and services. Incumbent has frequent contact with a wide cross-section of the IVC community and is required to write and revise standard operating procedures, initiate, and prepare contract package documentation, prepare technical reports and program requirements, and justify budget requirements for the operation, maintenance, repair and alteration of VA IVC facilities. Assist with budget requirements for the operation, maintenance, repair, and alteration of IVC facilities. The incumbent will assist with the Facilities Maintenance Program and assist with the enforcement of all safety and security policies.

The incumbent assists with the preparation of analysis of facility assessment results to develop short and long-term strategies, plans, and requirements for facilities engineering, maintenance, and repair. Recognizes areas where improvement or changes are needed and exercises sound, reliable judgment in recommending actions to improve effectiveness and efficiency of the facility to support the mission. Assist with maintenance, repair, and alteration projects requested by IVC Departments in compliance with the IVC master plan and budgetary restraints.

Assist with the design phase of the major/emergency repair/replacement; assist with the selection of designers, and construction contractors for projects, conducts and/or coordinates meetings with interagency, architectural/engineering firms, and contractors to ensure that the needs of the government are met in the most economical fashion. The incumbent will assist with the analysis, development, and evaluation of the architectural/engineering scope of work; assist with development of project requirements ensuring that IVC’s needs are met.

The incumbent provides guidance to architects, engineers, planners, research administrators, environmental experts, construction contractors, suppliers, and facility maintenance personnel as directed by the Supervisory Facility Management and the building manager. Incumbent is required to have a working knowledge of Computer Aided Drawing (CAD) software and will perform duties required to manipulate drawings and space plans. Incumbent is also required to have a working knowledge of Microsoft Project and other design programs as deemed necessary by the Supervisory Building Management.

(b) Materials Management – Incumbent serves as an alternate receiving agent for ergonomic equipment, office furniture and office supply line items. Physically conducts or maintains inventories of expendable and non-expendable items as needed or assigned. The employee is the alternate person responsible to maintain, update and utilize Generic Inventory Package (GIP) for all ergonomic supplies and provide required reports to assist in accurate ordering and accounting of supplies to minimize fraud, waste and abuse of ergonomic equipment, and ergonomic related furniture. Incumbent shares in the division’s full responsibility of managing, coordinating, controlling, and storing a variety of supplies and equipment to support the center. This requires gathering and analyzing usage data while utilizing knowledge and judgment gained from experience and training in the supply system methods, practices, and techniques. Employee receipts for incoming shipments, determining delivery sites of receipted items, stores, and stacks items properly. Employee sorts and delivers all incoming ergonomic supplies to be issued to appropriate agency personnel. Incumbent serves as the alternate person responsible for coordinating the repair of ergonomic equipment, furnishings, and other agency equipment with contracted vendors and provides weekly reports as required. Provides physical escort to vendors utilized to deliver, install, or assemble purchased equipment or furnishings ensuring no compromise of personal data during this process. Develops plans for storage and arrangement of stock to determine movement and traffic flow.

Employee is also responsible for determining or coordinating the appropriate disposal and condition of materials with the IVC inventory Manager. Employee must have a basic knowledge of supply systems, warehousing methods, procedures, underlying management concepts and techniques used to control the level and flow of supplies. A thorough knowledge of all receiving procedures from loading dock to final disposition and ability to safeguard, ensure proper notation and documentation is proved with receipts. It is the incumbent’s responsibility to control the flow of supplies and equipment he/she is entrusted with. The incumbent will provide the Supervisor Building Manager a copy of all inventoried items stored at the Denver Federal Center monthly or upon request.

(c) Coordinator/Escort Official – The incumbent must at times alter her/his established work schedule in support of IVC needs to complete work performed by vendors outside of normal business hours. During these periods’ incumbent will be responsible to control the movements of any un-cleared personnel assigned under his/her control. Incumbent will at all times be required to ensure that personnel are unable to access any documentation not associated with their specific assigned task. Incumbent must maintain alertness at all times, will not become distracted, but devote his/her full attention to maintaining control and visibility of contracted personnel. When directed by the supervisor the incumbent will also be responsible for the coordination of requesting and acquiring quotes from vendors interested in performing specific task for repair or upkeep of IVC workspace. The incumbent serves as one of IVC’s primary contacts for all issues related to the assigned facilities program, including short- and long-term strategic planning, budget development, procurement of supplies, materials, and services.

(d) Ergonomics – Incumbent serves as the alternate point of contact for the IVC Ergonomic Program responsible for coordinating evaluations conducted by an outside independent vendor. The incumbent serves as the alternate first line point of contact for employees suffering from ergonomic discomforts and is responsible for updating information briefed to the agency’s Executive Leadership Team. Incumbent with guidance from the supervisor will plan and schedules critical ergonomic evaluations for staff members by checking for the most optimum times for the agency and the employee. Incumbent will facilitate, oversee, and implement all recommendations made by ergonomic evaluator. Incumbent serves as a back-up for agency’s Ergonomic Pre-assessment Evaluator who is responsible for making initial contact with customers experiencing Work Musculoskeletal Disorders (WMSD). Incumbent will maintain a viable bench stock of items to be made readily available to customers upon request, but ensure all high dollar requested items are properly recorded and reported to the agencies Reasonable Accommodations Committee prior to issue for concurrence by the committee’s majority or chair. Incumbent will also be responsible for scheduling and maintaining files pertinent to each customer’s case insuring all Personal Identifiable Information is properly safeguarded. Incumbent will assist with, adjust, or oversee customer workstations needing adjustments. Incumbent will work closely with IVC staff.

Primary Pre-Ergonomic Evaluator to ensure all reported WMSD’s are addressed within 3 duty days of notification and assist with any training deemed necessary to promote customer comfort.

2.0 CREDENTIALING:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to performance. The contractor will be responsible for the actions of those individuals they provide to perform work for the IVC.

2.1 Position Sensitivity – The position sensitivity has been designated as Low Risk.

2.2 Background Investigation – Tier 1

2.3 Must be authorized to work in the United States.

1. SUBPART 839.2 – INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

3.0 CONTRACTOR RESPONSIBILITIES

3.1 The contractor shall provide all necessary contracted staff, upon request of IVC to include:

1) Find sources for requested contract staff positions and shifts.

2) Provide contract staff selection choices to Government

3) Onboard the selected contract staff

4) Maintain required documents

5) Offboard contract staff when no longer needed

6) Pay sub-contracted staff who performed services

7) Identify wasted effort in legacy processes and utilize information technology to streamline business processes

3.2 Contractor shall ensure staff complete mandatory training for the position as determined by VA.

3.2 The contractor shall prescreen all personnel requiring access to the computer system to ensure they are eligible for employment, and are able to read, write, speak, and understand the English language.

4.0 HOURS OF OPERATION

4.1 Work Schedule: Contract personnel must be available 5 days a week, 365 days a year. Work schedule is 0730-1600.

4.2.1 Federal Holidays are determined by OPM and listed on OPM’s website.

4.3 The Government reserves the right to adjust work schedule for inclement weather and unexpected office closure with little to no notice.

5. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

6. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

7. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

8. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other C-10 compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

9. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $42.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

10. TRAINING

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

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

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

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

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

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

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

Note: "The C&A requirements do not apply and that a Security Accreditation Package is not required".

RECORDS MANAGEMENT OBLIGATIONS

This clause applies to all contractors whose employees create, work with, or otherwise handle Federal records, as defined below:

“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 information value of data in them.

The term Federal Record:

1. Includes (Agency) records

1. Does not include personal materials

1. Applies to records created, received, or maintained by Contractors to the (Agency) contract

1. May include deliverables and documentation as associated with deliverables

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 transportation, 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 (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. Office of Integrated Veteran Care (IVC) 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 IVC 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 IVC. 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. 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 IVC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Contract. 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 co, contracts. The Contractor (and any sub-contractor) is required to abide by Government and ECHCS 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 contractor and in accordance with IVC policy.

8. The Contractor shall not create or maintain any records containing any non-public ECHCS 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. ECHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which ECHCS 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 VA 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.

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, and require written subcontractor acknowledgement of same.

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