Attachment A Draft OVAHCS MEDGAS PWS.docx

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H265--FY:25 Medical Gas Testing, Preventative Maintenance, and Repair.
Solicitation number
36C24825Q0194
Issued by

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This is a Performance Work Statement for medical gas testing, preventative maintenance, repair, and emergency services at the Orlando VA Healthcare System (OVAHCS) facilities. The scope includes labor, tools, materials and equipment for testing/maintaining medical gas systems, dental gas/air systems, lab air/vacuum systems, waste anesthetic disposal systems and associated equipment at multiple locations including Orlando VA Medical Center, Lake Baldwin VA Clinic, and Viera VA Clinic.

The contract period is one base year plus four option years, with work typically performed Monday-Friday 8:00am-4:30pm. Key requirements include quarterly/annual system testing and certification, preventive maintenance on specified equipment (compressors, manifolds, alarms, etc.), repairs as needed, and emergency response within 1 hour during business hours or 4 hours after hours. The contractor must have ASSE 6020 Medical Gas Inspector and ASSE 6040 Medical Gas Maintenance Personnel certifications. The work includes maintaining oxygen, nitrogen, nitrous oxide, vacuum and other medical gas systems, with detailed equipment lists provided for each facility. Contractors must provide detailed service reports, maintain documentation, and respond to both emergency and non-emergency service calls within specified timeframes.

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Orlando VA Healthcare System (OVHCS) Medical Gas Testing, Preventative Maintenance, Repair, and Emergency Services of Medical Gas, Vacuum, and Control Air Source Equipment.

Performance Work Statement

1. INTRODUCTION:

1.1. The mission of the Orlando VA Healthcare System (OVAHCS) Facilities Management Service (FMS) is to provide, operate, and maintain a "state of the art" facility service program in support of our Veterans Health Care System. The OVAHCS and supported outpatient clinics utilize various sources and outlets to supply medical gases and vacuum for patient care, such as medical gas sources (which supply oxygen, nitrogen, nitrogen oxide, carbon dioxide, and vacuuming).

1.2. This service contract will provide all labor, tools, material, and special equipment necessary to perform complete testing and preventive maintenance on the medical gas system, dental gas system, dental air, and vacuum systems, lab air and vacuum systems, medical air and vacuum systems, waste anesthetic disposal (WADG) system, and associated equipment.

1.3. The Objective of this requirement is to provide the following:

i. Medical Gas System Testing, Inspections, and Certification.

ii. Preventive Maintenance on OVAHCS Medical Gas System equipment at different locations. (See Attachment)

iii. Repair services on OVAHCS Medical Gas System equipment at different locations as needed.

iv. Emergency and Non-Emergency call services.

1.4. Acronyms: This section lists acronyms that are used in this Statement of Work/Performance Work Statement and other parts of the solicitation.

· ANSI – American National Standards Institute.

· ASSE – American Society of Sanitary Engineering.

· CGA – Compressed Gas Association.

· CO – Contracting Officer.

· CS – Contract Specialist.

· COR – Contracting Officer Representative.

· DHHS – Department of Health and Human Services.

· FDA – U.S. Food & Drug Administration.

· SDS – Safety Data Sheets.

· N2 – Nitrogen gas.

· N2O – Nitrous Oxide.

· NFPA – National Fire Protection Association.

· NIOSH – National Institute for Occupational Safety and Health.

· O2 – Oxygen.

· OSHA – Occupational Safety and Health Administration.

· SCF – Standard Cubic feet.

· TJC – The Joint Commission.

· USP – United States Pharmacopeia.

· VA – Department of Veterans Affairs.

· WHEN – Weekends, Holiday, Evenings, and Nights.

1.5. The contractor shall be a certified ASSE 6020 Medical Gas Inspector and ASSE 6040 Medical Gas Maintenance Personnel. The contractor shall have comprehensive knowledge and experience of all the pertinent standards, laws, regulations, specifications, and procedures, including NFPA, ANSI, CGA, USP, OSHA, DHHS, TJC, and NIOSH.

1.6. The Contractor shall perform these requirements in accordance with this PWS, manufacturer's manual, local, state, and federal laws and regulations, and Veteran Affairs (VA)regulations. In the event of a conflict between regulatory guidance, the most stringent requirement shall apply.

1.7. The contractor shall ensure that its employees have received any necessary safety training on equipment to be used as part of this contract, any required Personal Protective Equipment (PPE), medical surveillance programs, individual health protection measures, and the manufacturer's product and Safety Data Sheet (SDS), as required by OSHA. The contractor shall also comply with all applicable national safety codes and standards.

1.8. The contractor shall always maintain a copy of all current safety certifications at the site, as well as comply with all other site documentation requirements of applicable OSHA programs and this specification.

2. PLACE OF PERFORMANCE:

2.1. All work shall be performed at the OVAHCS locations:

· Orlando VA Medical Center (Lake Nona).

13800 Veterans Way, Orlando, FL 32827-5812 To Include:

a. CLC.

b. Tank Farm.

c. SIMVET Center

· Lake Baldwin VA Clinic.

5201 Raymond Street, Orlando, FL 32803-8208

· Viera VA Clinic 2900 Veterans Way, Viera, FL 32940-8007

3. PERIOD OF PERFORMANCE:

3.1. The period of performance for this service contract is one (1) base year from the date of issuance plus four (4) option years.

3.2. Anticipated hours of work will be Monday through Friday from 8:00 am – 4:30 pm. Additional hours must be coordinated through the COR.

3.3. WHEN hours; weekends, holidays, evenings and nights (Monday-Friday 4:00pm thru 7:00AM).

Observed Federal Holidays:

New Year’s DayMartin Luther King Jr. Day,President’s DayMemorial Day
JuneteenthIndependence DayLabor DayColumbus Day
Veterans DayThanksgiving DayChristmas Day

3.4. To perform this maintenance, a qualified medical systems mechanic must be employed, and a copy of the personnel's training and qualifications must be presented with the RFQ.

4. SCOPE OF WORK:

The contractor shall furnish all necessary equipment, materials, and labor to perform the specified services adequately:

*** See attachment A for a list of all equipment to be covered under the PWS for each location. Verification of listed equipment is to be completed by the contractor at the site visit and past inspection report. ***

4.1. Medical Gas System Testing, Inspections, and Certification:

4.1.1. The evaluation, inspection, and certification of Medical Gas Systems throughout OVAHCS, which include, but are not limited to, O2, N2, N2O, and Vacuum systems.

4.1.2. Evaluation, inspection, and certification of Medical Gas Systems throughout OVAHCS are to be done annually.

4.1.3. The test, evaluation, and certification of the following overall medical gas & vacuum system parameters:

•High & low-pressure systems.
•Leaks.
•Ambient levels (as required).
•Vacuum inlets and ventilation.
•N2O recirculation areas.

4.1.4. The test and evaluation of the O2, N2, N2O, and Vacuum system for the following, as it pertains to each system:

•Current Inventory.
•Master Alarms.
•Area Alarms.
•Zone Valves.
•Patient Terminals.
•Gaseous Contaminants.
•Dew Point Temperature.
•Solid Particulates.

4.2. Preventive Maintenance on OVAHCS Medical Gas System equipment at different locations.:

Lake Nona Room 1H301-02

· Powerex Medical Air, MX1054469, model NSH1506S5183181, 18 compressors

· Powerex Medical Vacuum, MX1054470, model CVPT150S5122708, 3 compressors

· Powerex WAGD, MX1054485, model CVTD050S5122708, 2 compressors

Room 0E102-01

· Powerex Dental Air, MX1050060, model MPT1508S5122708, 3 compressors

· Powerex Dental Vacuum, MX1049896, model VTD0204S5122708, 2 compressors

· West Tech Inc. Dental Oral Evac, MX1049970 & MX1049971, model DVC-40, 2 motors

Room OPS01-02

· Powerex Lab Air, MX827456, model MTD0504S5122708, 2 compressors

· Powerex Lab Vac, MX827507, modelVTD040S5122708, 2 compressors

Room 1H307-02

· AMICO Nitrogen, Gas Manifold

Room 1H309-02

· AMICO Nitrous Oxide, Gas Manifold

· AMICO Carbon Dioxide, Gas Manifold

Room 2J715-02

· Powerex Lab Air System

CLC Room 1A607

· Genesys Oxygen, Gas Manifold, 675-EE87782

· BeaconMedaes Medical Vacuum, model VDT030341,

· Powerex Medical Air, model MDT030445, serial (H) 1/11/2.11-4816888-651

· RAMVAC Dental Air, model 1027D20, serial CM1012114

· RAMVAC Dental Vacuum, model 002543, serial QT1011160

CLC MEDGAS Mechanical Room

· Genesys Oxygen, Gas Manifold

SimVet Center

· Genesys Oxygen, Gas Manifold

Lake Baldwin Central Energy Plant (CEP)

· BeaconMedaes Medical Air, model 4107000800, serial 221755-3

· BeaconMedaes Medical Vacuum, model 4107102412, serial 221755-4

· BeaconMedaes Dental Air, 675-EE10489, model 4107000856, serial 221755-2

M-Deck

· 2 each Bison 2 Dental Vacuums and distribution system

· 1 each AMICO Instrument Air Compressors and distribution system

· 110 each (approximately) AMICO Brand AOV Outlets

Tank Farm

· AMICO Oxygen Manifold

· AMICO Nitrous Oxide Manifold

· AMICO Carbon Dioxide Manifold

· AMICO Master Alarm Panel

· 12 each (approximately) AMICO Area Alarm Panel

Viera OPC Room E-516

· MIDMARK Dental Vacuum, model 029-3713-02, serial BN1006124

Room D-405

· Oxygen Manifold, 675-EE8283, model 24V00, serial A2AL-E-OVA2MM

Room D-603

· MSE CORP. Medical Vacuum, model 1DRB7.5T200, Serial 1253B9812

· EMSE CORP. Medical Vacuum, 675-EE7900

· Powerex Medical Air, 675-MX1280173, SERIAL 6060492-021

Associated Equipment, All Locations

· Master Alarm Panels

· Area Alarm Panels

· Valve Boxes

· Distribution Outlets

The contractor shall provide preventative maintenance using the following requirements:

4.2.1. Provide quarterly, semi-annual and annual preventative maintenance for all systems identified in this Performance Work Statement and in accordance with the manufacturer’s requirements and recommendations.

4.2.2. Provide a complete, detailed service report for each component within each system, illustrating the maintenance completed and the system’s overall condition. All data sheets shall be presented to the COR or his designee upon the completion of each service.

4.2.3. The contractor shall provide needed OEM parts and factory-required materials, including all lubricants, belts, and filters, during each visit.

4.2.4. The contractor shall have experience with medical air systems repair, maintenance, and service.

4.2.5. Only genuine O.E.M. parts shall be used in all repairs and services.

4.2.6. The contractor shall respond to an emergency call within one (1) hour of notification during normal business hours, 8 am— 4 pm Monday through Friday, and within four (4) hours of notification after hours and on weekends.

4.3. Repair services on OVAHCS Medical Gas System equipment at different locations as needed. (See Attachment):

The contractor shall provide Repair Services using the following requirements:

4.3.1. Repair: The correction of a malfunction or non-conformance that cannot be accomplished without significant time and/or material, as determined by the COR.

4.3.2. The contractor shall furnish, install, or repair, when necessary, all damaged or failed components of the medical gas/vacuum system. As this contract calls for normal preventative maintenance and replacement parts, any work beyond normal preventative maintenance must be approved by the Contracting Officer (CO).

4.3.3. The contractor shall present a repair quote to the COR and Contracting Officer. No work shall be performed without the approval of the CO.

4.3.4. The Contractor shall immediately, but no later than 24 (twenty- four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

4.4. Maintenance Frequency:

4.4.1. The table below is a sample of compliance frequency for various medical gas systems. This is not intended to be all-inclusive. Contractor shall use the up to date version or edition as guidance during the duration of this contract. All Medical Gas systems shall be inspected quarterly. In several cases, the manufacturers' required frequencies may vary. When a conflict arises concerning maintenance or testing, the most stringent Code, Standard, Specification, or recommendation shall apply unless so directed by this contract.

Component
Action
NFPA 99 Reference
ASSE
Air compressor
performance testing

E.3.5-G

Bulk liquid systems
test operation of the reserve and activation of reserve in use signal

E.3.5-B

Bulk system supply
check proper level activating switch

E.3.5-C

Dew point and CO monitor
calibrate and test operation

E.3.5-H

Dew point sensor
Proper functioning of the dew point sensor should be checked at least annually
C5.28(5.1.3.5)
Manifold
test proper function of switch for reserve-in-use alarm

E.3.5-D

Manifold
Test operation of the changeover for the secondary supply

E.3.5-E

medical compressed air system alarm
test alarms
C5.2.13 (5.1.9.2.4)
outlets
check all outlets for flow, pressure/vacuum, damage, and wear

E.3.5-A

Pressure Gauges
Assure gauges are mechanically functional

E.3.5-F

Receiver
ensure gauge and high-water level sensor are operational
C5.2.7(5.1.3.5.14)
reserve
test operation of the reserve and activation of the reserve -in-use signal
C5.2.2(5.1.3.4.10)
Reserve Actuating Switch
test for operation (if equipped)
C5.2.3(5.1.3.4.10)
Reserve Supply Low, High-Pressure Cylinder, or Liquid Warning Systems signal
Test IAW (2) through (8) of the procedure given in NFPA 99, C.5.1.5.
C5.2.12(5.1.9.2.4)
Reserve -in-use Warning Signal
Test IAW (2) through (7) of the procedure given in NFPA 99, C.5.1.4
C5.2.11(5.1.9.2.4)
Warning Systems
retest all components if it can be done without changing piping system line pressure
C5.2.15(5.19)
Area Alarm
Activate all audible and visual signals using test buttons

E.3.2-A

Area Alarm Panel Gauges
Check Line Pressures

E.3.2-D

Dewpoint and CO alarm
Test audible and visual signals.

E.3.2-H

4.5. Special Instructions:

4.5.1. The contractor shall visit the work site, verify all existing conditions, and include all such implications in his/her proposal.

4.5.2. All work shall be in strict accordance with all applicable codes and requirements, including, but not limited to, OSHA, ANSI, NEC, NFPA99, ASTM, ASME, EPA, VA STANDARDS, and all other related codes and standards.

4.5.3. After-hours and weekend work are at the contractor's discretion and will not change contract terms. All overtime/weekend work shall be coordinated with the COR and is not guaranteed approval.

4.5.4. Government holidays are non-workdays for the contractor unless previously arranged with the COR or VA technical representative.

4.5.5. The VA will provide NO tools, equipment, or labor except as specifically noted within this PWS.

4.5.6. The VA will NOT receive, unload, load, or transport contractor materials. All deliveries shall be arranged and approved through the COR and exclude weekends and holidays. Secure storage at the work site is NOT available.

4.5.7. All hot work, if needed, shall require a “burn permit.” A 24 - 48 hour notice is required before any hot work commences, including all open flame work, such as soldering, brazing, and welding. This shall be requested from the COR.

4.5.8. All work shall be coordinated with the COR or VA technical representative. All contractors, subcontractors, and workers are subject to all VA rules and regulations of the VA Medical Center.

4.6. Emergency Calls/Services:

4.6.1. The contractor shall respond to emergency calls in case any of the equipment included as part of this requirement stops working and VA personnel is not able to put it back on service, which will affect patient care service. The minimum response time for emergency calls shall be one (1) hour to respond to our call and four (4) hours to report on-site for assistance. We define an emergency as the entire system being completely off and not running.

4.7. Non-Emergency Calls/Service:

4.7.1. The contractor shall respond to non-emergency calls /service calls if the VA notices an alarm in any of the equipment included as part of this requirement. The minimum response time for service calls shall be 24 hours to report onsite for assistance. (This is different from emergency calls)

5. DELIVERABLES:

5.1. The contractor shall provide the following Reporting requirements:

5.1.1 Inspections, evaluations, and certifications of medical gas systems and vacuums will be coordinated with COR within 15 Calendar days prior to their performance.

5.1.2 All written reports will be clear and legible and reflect how the measurements were made, where they were made (locations) and compared with specified standards for each test. The report will indicate gas outlets were tested for gas type of expected gas and detected gas, oxygen concentration, static pressure, pressure during flow and pressure drop; vacuum inlets were tested for pressure during flow and maximum flow; report will show date of test for each outlet tested with locations noted on written report, and provide additional documentation with inventory and recommendations, deficiency, location, code reference and priority on O2, Med Air, N2O, N2 and Vacuum. Some testing locations in the Surgical Suite (Operating Room) may require pressure gauges and flow meters to identify and record testing limits. Test results will be in an easy-to-read format that is recognized by the Joint Commission.

5.1.3 Contractor shall provide preliminary list of discrepancies prior to final departure form VA property. Said list shall be emailed to the COR to allow for immediate correction of minor discrepancies.

5.1.4 Contractor shall also provide printable reports (PDF) via e-mail to COR no later than seven (7) calendar days after completing Testing and Preventative maintenance.

5.1.5 Report and update (as needed) the total amount of medical gas terminals, master alarms, area alarms, and zone valves to be evaluated, inspected, and certified.

5.1.6 Additions/Deletions: A supplemental agreement may include or delete additional terminals, alarm points, or valves from the contract.

5.1.7 In addition to providing the documentation at the end of each service, the contractor is responsible for maintaining the required documents of all the services conducted by the Contractor and the corrective actions taken. All documentation shall be made available to the Government during the term of the contract via a cloud base system.

5.1.8 The Contractor shall immediately, but no later than 24 (twenty- four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

5.2. Progress and Compliance:

5.2.1 The contractor shall make recommendations for changes and improvements that may be pertinent to meet this scope of work only to the extent indicated in this agreement. No additional services will be made without the prior approval of the contracting officer.

5.2.2. All procedures shall be completed according to the above Performance Work Statement requirements.

5.2.3. Contractor shall provide service tickets, at the time that services are rendered, for all services performed. These services tickets shall be signed and approved by a COR to confirm services were rendered.

5.2.4. All payments shall be made in arrears. Upon receipt of Contractor’s invoices, the COR will certify invoices through referenced service tickets, assuring that all services were performed in accordance with terms of contract.

5.2.5. The contractor is required to remove all refuse, rubbish, scrap materials and debris caused by its operation, to the extent that at all times the site of the work shall present a neat, orderly and workmanlike appearance.

5.3. Health and Safety:

5.3.1. The contractor shall comply with all applicable federal, state, and local requirements for protecting the safety of the contractor’s employees, building occupants, and the environment When working in accordance with this contract, the contractor shall follow all applicable OSHA standards.

5.3.2. Occupant Safety: No process or materials shall be employed in such a manner that they will introduce additional hazards into the occupied space.

6. REQUIRED CERTIFICATION AND COMPETENCIES:

Any contractor personnel performing work on OVAHCS campuses in relation to the medical gas system shall adhere to the requirements outlined in NFPA 99 2021 Chapters 5, 11, and 15, NFPA 55 2023, VA Plumbing Design Manual Chapter 8, and VHA Directive 7515(1). Also, the contractor must be able to furnish on-site technicians with the following active/valid certifications capable of performing the required exploratory inspection and evaluation work per ASSE/IAPMO/ANSI Series 6000-2021.

· American Society of Sanitary Engineering (ASSE) 6005 Medical Gas Specialist.

· American Society of Sanitary Engineering (ASSE) 6020 Medical Gas Inspector.

· American Society of Sanitary Engineering (ASSE) 6030 Medical Gas Verifier.

· American Society of Sanitary Engineering (ASSE) 6035 Bulk Medical Gas System Verifier.

· American Society of Sanitary Engineering (ASSE) 6040 Medical Gas Maintenance Technician.

7. PERFORMANCE REQUIREMENT SUMMARY:

PRS #
Performance Objective
Performance Standards
Acceptable

Quality Level Surveillance Method Remedies

1
Medical Gas System Testing, Inspections, and Certification.
PWS Paragraph Section 4.1.
98%

acceptable level

As per PWS Paragraph Section 4.1.
Re-perform tasks within 3 working

days at no additional costs to the Government.

2
Preventive Maintenance on OVAHCS Medical Gas System equipment at different locations.
PWS Paragraph Section 4.2. – 4.5.
100% acceptable

level As per PWS Paragraph Section 4.2. – 4.5.

Re-perform tasks within 3 working days at no additional costs to the Government.

3
Emergency Calls/Services.
PWS Paragraph Section 4.6.
99%

acceptable level

As per PWS Paragraph Section 4.6.
Re-perform tasks within 3 working

days at no additional costs to the Government.

4
Non-Emergency Calls/Service.
PWS Paragraph Section 4.7.
100%

acceptable level

As per PWS Paragraph Section 4.7.
Re-perform tasks within 3 working

days at no additional costs to the Government.

5
Deliverables: Reporting
PWS Paragraph Section 5.
100% acceptable

level As per PWS Paragraph Section 5.

7.1. Quality Assurance. The Government will evaluate the Contractor’s performance under the contract, IAW the PRS Matrix. The Government retains the right to inspect and test all services called for by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

7.2. Whenever the COR notifies the contractor of any deficiencies detected in the work performed, the contractor shall correct cited deficiencies within 3 days, or as otherwise authorized by the COR, after the notification in writing by the COR without affecting the regularly scheduled work.

7.3. Upon satisfactory completion by the Contractor and acceptance by the COR of the work completed by the contractor in accordance with this Performance Work Statement, payment will be approved. Failure to complete the work stated in this PWS may result in unfavorable Contractor Performance Assessment Reporting System (CPARS) ratings and/or deduction to be determined by the CO.

8. USE OF PREMISES:

8.1. The contractor expressly undertakes, either directly or through its subcontractor(s):

a) To perform this contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work.

b) Follow medical facility policy when parking your vehicle. Only use authorized parking places.

c) To clean up frequently, all refuse, rubbish, scrap materials and debris caused by its operation, to the extent that at all times the site of the work shall present a neat, orderly and workmanlike appearance. Comment by Edwards, Robert: May have to be reworded in order be concise with the rest of the document. Comment by Candelaria, Freddie J.: I do not see why this section is not clear

9. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1.includes VHA records.
2.does not include personal materials.
3.applies to records created, received, or maintained by Contractors pursuant to their VHA contract.
4.may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the 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. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS):

Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down of requirements to subcontractors

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

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

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