DRAFT SOW_612A4-26-050.docx

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J061--612A4-26-050 | Install Building 644 Dermatology Generator Site Prep
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36C26126R0037
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This is a Statement of Work (SOW) for construction services at the VA Northern California Healthcare System (VANCHCS) Mather VAMC in Mather, California. The project (612A4-26-050) involves installing a Building 644 Dermatology Generator with associated site preparation work that must be completed within 180 days of contract award. The work encompasses five main components: (1) constructing approximately 500 square feet of permanent mobile generator enclosure with new asphalt paving, an 8-foot galvanized chain-link fence with privacy slats, and three access gates; (2) modifying existing sidewalk and creating ADA-compliant pedestrian routes with transition ramps around the enclosure; (3) relocating an existing generator tap box approximately 35 feet to the new enclosure location with conduit extension and electrical conductor replacement; (4) correcting sidewalk deficiencies at Building 651's northeast corner, including demolition of up to 1,000 square feet of concrete, new concrete panel installation, ramp extensions, and relocating traffic control signage; and (5) installing approximately 8,000 square feet of artificial grass with proper drainage and site preparation, plus 75 linear feet of stainless-steel handrail along a concrete sidewalk north of Building 646.

All construction must comply with VA Barrier Free Design Standards and ADA accessibility requirements. The contractor must provide detailed topographic surveys and layout drawings for COR approval, maintain an electronic project management website for all submittals and communications, submit pricing proposals with detailed breakdowns for the general contractor and all subcontractors, employ an OSHA-designated competent person on-site, use certified testing laboratories, and maintain full compliance with VA security management programs and federal records management requirements. All employees must obtain VA security badges and adhere to strict confidentiality protocols. The work involves multiple trades including demolition, earthwork, asphalt paving, concrete work, chain-link fencing, electrical installation, landscaping, and handrail installation, with materials and labor sourcing responsibilities falling entirely on the contractor.

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Statement of Work (SOW) VA Northern California Healthcare System (VANCHCS) Mather VAMC 10535 Hospital Way, Mather, CA 95655 Construction Services for Project 612A4-26-050 Install B644 Dermatology Generator Site Prep

GENERAL REQUIREMENTS

1. This Statement of Work (SOW) includes the furnishing of all labor, materials, equipment, supervision, administrative support, and any necessary professional engineering services required for the construction effort described therein.

2. Location of Work: The geographic location for services are the following areas: Mather VA Hospital – 10535 Hospital Way Bldg. 700, Mather, CA, 95655. A Mather VAMC site map is provided in Attachment 1.

3. The work shall be completed in a maximum of 180 days. Contractor shall submit a comprehensive schedule of work in compliance with 01 32 16.15 PROJECT SCHEDULES (SMALL PROJECTS DESIGN/BID/BUILD). Schedule will include all federal holidays. An updated project schedule shall be included with each payment application.

4. All construction is to be performed during normal working hours. Limited off-hours premium time is included for noise abatement and utility shutdowns only. Any item(s) to be salvaged by the owner are to be removed by the owner from the site before construction begins. Contractor to provide dumpsters for disposal of construction debris and materials.

5. Visits to the site by Bidders may be made only by appointment with the Medical Center COR.

6. All testing shall be by certified testing laboratories subcontracted by the Contractor. The Government shall not be required to contract testing for any trade.

7. All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

8. Contractor to utilize an electronic submittal exchange project website dedicated for this project for the duration of the contract. Contractor will provide VA access to the site. Contractor will keep this site current and will use it for all submittals, RFIs, change documents, Record Drawing, electronic file management, and communication logs for the duration of the contract.

9. Prior to commencing work, general contractor shall provide proof that an OSHA designated “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present. CP will have authority letter.

10. Pricing Proposal transparency requirements: this project requires pricing proposals to include breakdown pricing for the General Contractor and all subcontractors. All price proposals, including subcontractor pricing, must include a breakdown of pricing per the format included with this specification.

11. All Work to comply with VA Barrier Free Design Standard, ABBAS, https://www.cfm.va.gov/til/etc/dsBarrFree-2025-05.pdf

SCOPE OF WORK:

Part 1: Generator Enclosure Area

1. Prior to beginning any construction work, the contractor shall perform a detailed topographic survey of all affected areas and submit layout drawings for review and approval by the COR. These drawings shall illustrate the proposed work, including but not limited to fence layout, asphalt and concrete limits, and ramp configurations. Drawings shall indicate final grading and slope percentages.

2. The contractor shall provide all labor, materials, equipment, and supervision necessary to construct an approximately 500 square foot permanent mobile generator enclosure area as. This work includes converting existing parking stalls and adjacent landscape area into a secure enclosure designed to house a mobile emergency generator and its associated electrical connection equipment. A mockup for solicitation purposes is shown in Attachment 2. Additional photos showing the existing conditions are shown in Attachment 3.

3. The contractor shall demolish and remove existing asphalt pavement, concrete curbs, and landscape materials within the enclosure footprint. Both asphalt and concrete demolition shall be performed to the limits required for regrading, compaction, and construction of the new asphalt surface. All debris shall be removed from the VA campus in accordance with VA specifications. Subgrade shall be excavated and compacted to meet standard VA and industry requirements to provide adequate support for asphalt surfacing and mobile generator loading. The contractor shall grade the area to promote positive drainage away from the mobile generator and towards immediate gutters and storm drains.

4. Following preparation, the contractor shall install new asphalt pavement across the entirety of the enclosure area. The asphalt section shall match the adjacent asphalt in profile, elevation, and structural capacity to ensure proper integration with the existing paved areas. The surface shall be capable of supporting the weight and point loads of a trailered mobile generator during placement and operation. All transitions between the new asphalt and existing pavement, sidewalk edges, and curbs shall be smooth and free of tripping hazards. This installation must follow construction details in Attachment 4, Detail 11 – Vehicular Asphalt Pavement Section.

5. The contractor shall furnish and install a permanent galvanized steel 8-foot-tall chain-link fence system with full-coverage privacy slats. The fence shall include a full top rail, corner bracing, tension wire, posts, fittings, and all other components required for a complete and secure installation. Posts shall be set in concrete footings sized per manufacturer recommendations and good construction practice. See attached construction Specifications 323113 Chain Link Fences and Gates for exact technical and submittal requirements.

6. The enclosure shall include the following gates:

a. Two single-leaf personnel access gates aligned with the adjacent sidewalk to allow controlled staff entry.

b. One double-leaf swing gate providing a clear 10–12-foot opening to allow the mobile generator to be delivered, staged, and removed.

c. Gate hardware shall include provisions for locking using VA-provided lock cores. The contractor shall coordinate lock-hardware compatibility with the COR before installation.

Part 2: Sidewalk Around Generator Enclosure

1. Prior to beginning any construction work, the contractor shall perform a detailed topographic of all affected areas and submit layout drawings for review and approval by the COR. These drawings shall illustrate the proposed work, including but not limited to fence layout, asphalt and concrete limits, and ramp configurations. Drawings shall indicate final grading and slope percentages.

2. The contractor shall modify the existing sidewalk and pedestrian route along the street‑facing side of Building 644 to accommodate the new generator enclosure. This work includes providing safe, continuous pedestrian path around the enclosure by constructing two new concrete transition ramps and establishing a designated walkway along the asphalt adjacent to the enclosure.

3. At the point where the existing sidewalk meets the beginning of the generator enclosure, the contractor shall perform selective demolition of the existing sidewalk as required and construct a new concrete transition ramp to lower pedestrians from sidewalk elevation to the adjacent asphalt elevation. The ramp shall be ADA‑compliant and shall tie smoothly into both the remaining sidewalk and the asphalt surface. This installation must follow construction details in Attachment 4, Detail 11 – Curb Ramp Type C.

4. The contractor shall establish a marked pedestrian pathway along the outside length of the generator enclosure. This pathway shall be clearly defined using painted striping in accordance with VA Specifications. The striped pathway shall run continuously alongside the enclosure, passing in front of the double‑leaf access gate.

5. At the north end of the generator enclosure, the contractor shall construct a second ADA‑compliant concrete transition ramp to raise pedestrians from the asphalt elevation back up to the elevation of the existing sidewalk. This ramp shall tie into the existing sidewalk system and restore the pedestrian path around Building 644. This installation must follow construction details in Attachment 4, Detail 11 – Curb Ramp Type C.

Part 3: Electrical Work – Extension and Relocation of Mobile Generator Tap Box

1. The contractor shall relocate the existing generator tab box approximately 35 feet to the new enclosure location. This box is currently run from an Automatic Transfer Switch (ATS) located inside Building 644, with conduit routed to the existing exterior tap box. Additional photos showing the existing conditions are shown in Attachment 5.

2. The contractor shall extend the existing conduit run along the same general path as the current installation. Minimal demolition of the existing conduit is anticipated, as the system will be extended rather than replaced. To facilitate the relocation, the contractor shall install new conduit through the masonry wall that the enclosure is built against, providing a weather-tight penetration sealed and finished to match the adjacent surfaces.

3. Conductors inside the conduit shall be replaced as required to achieve proper length, continuity, and performance for the extended conduit run. All conductor sizing, insulation rating, terminations, grounding, and labeling shall meet current VA, NEC, and project specification requirements. The relocated tap box shall be mounted within the enclosure at a height and orientation suitable for mobile generator connection and shall be fully tested for continuity and proper operation.

Part 4: Sidewalk Corrections Around Building 651

1. Prior to beginning any construction work, the contractor shall perform a detailed topographic survey of all affected areas and submit layout drawings for review and approval by the COR. These drawings shall illustrate the proposed work, including but not limited to concrete limits and ramp configurations. Drawings shall indicate final grading and slope percentages.

2. The contractor shall perform all labor, material procurement, demolition, grading, and construction required to correct sidewalk deficiencies at the northeast corner of Building 651. Work includes removing unpaved dirt areas between existing concrete sidewalk panels, constructing new concrete pavements, and providing a side extension to the existing accessible ramp where the current ramp edge terminates at an unpaved area. A mockup for solicitation purposes and additional photos showing existing conditions are shown in Attachment 6.

3. Due to variations in elevation among the surrounding sidewalk panels, the contractor shall demolish and remove existing concrete slabs as needed to achieve compliant slopes and transitions. The extent of demolition shall be determined in the field in coordination with the VA COR to ensure ADA compliance and proper drainage. The contractor should expect to demolish up to 1000 SQFT of concrete in the area.

4. The contractor shall excavate, compact, and prepare the subgrade within the affected areas in accordance with VA specifications. Subgrade elevations shall be established to allow new concrete sidewalk panels to tie into adjacent surfaces smoothly while meeting all ADA slope requirements.

5. The contractor shall install new concrete sidewalk panels to fill the existing unpaved areas and replace any removed concrete. New sidewalk shall match existing sidewalk appearance and alignment. All concrete shall be installed per VA specifications for materials, reinforcement, expansion joints, finishes, curing, and quality control.

6. The contractor shall ensure the entire ramp assembly transitions seamlessly into the newly constructed concrete surfaces. This installation must follow construction details in Attachment 4, Detail 10 – Curb Ramp Type B. The contractor shall ensure all newly constructed sidewalks, ramp extensions, and transitions meet ADA requirements for running slope, cross slope, and surface characteristics.

7. Grading shall provide positive drainage away from building foundations and prevent ponding along the pedestrian path.

8. The contractor shall restore all areas disturbed during construction, including adjacent soil, landscaping, or pavements. The contractor shall maintain safe pedestrian access around the work site throughout construction. A final inspection shall be conducted with the VA to confirm that all sidewalk corrections meet project drawings, and VA technical specifications.

9. The contractor shall relocate the existing STOP sign and the NO RIGHT TURN sign to the opposite side of the street, positioned ahead of the crosswalk. Sign shall be reinstalled at VA‑approved locations that provide clear visibility and proper traffic control for approaching vehicles. In addition, the contractor shall apply a painted “YIELD” asphalt marking on the side of the crosswalk opposite the STOP sign to reinforce pedestrian right‑of‑way.

10. Sidewalk demolition and reconstruction at the entrance area of Building 651 will affect the normal pedestrian route to the front doors. The contractor shall implement a safe, ADA‑compliant temporary pedestrian walkway to maintain uninterrupted access to the front entrance throughout the entire duration of construction.

Part 5: Artificial Grass Installations

1. The contractor shall provide and install approximately 8,000 SF of artificial grass system shown in the attached areas. The contractor shall complete all site prep, drainage, installation requirements with the reviewed and approved shop drawings with manufacturers approval to meet all manufacturers requirements and recommendations for installation of the artificial grass. The artificial grass shall be attached to the perimeter edge of layouts shown in the appendix drawings and photos and as per the manufacturer’s installation requirements. All seams shall be brushed thoroughly before infill materials are installed. All termination shall be as detailed and approved in the shop drawings and photos and as per the manufacture’s installation requirements. A mockup for solicitation purposes is shown in Attachment 7. Additional photos showing the existing conditions are shown in Attachment 8.

2. Artificial Grass Product Specifications:

Part 6: Handrail Installation Along Sidewalk North of Building 646

1. The contractor shall submit a handrail layout plan showing exact alignment, post spacing, and termination points for COR approval.

2. The contractor shall furnish and install approximately 75 linear feet of permanent stainless-steel handrail along the concrete sidewalk located north of Building 646, adjacent to the northern‑most new artificial grass area indicated in the project drawings. A continuous concrete handrail curb shall also be installed along the length of the handrail installation to match nearby handrail installations. This handrail shall provide continuous pedestrian guidance and delineation between the walkway and the artificial grass surface. A mockup for solicitation purposes and additional photos showing existing conditions are shown in Attachment 9.

3. The contractor shall ensure uniform handrail height, consistent alignment along the pathway edge, and proper termination at both ends of the installation. All installation activities shall include core drilling, concrete footings, anchorage hardware, grout placement, and restoration of any adjacent surfaces affected by construction.

4. The handrail system—including posts, rails, anchorage, foundations, and finishes—shall comply with all applicable VA specifications, ADA requirements, and the handrail layout drawing.

ATTACHMENTS:

1. Mather VAMC Site Map

2. Generator Encloser Area Mockup

3. Generator Encloser Area Photos

4. Construction Details

5. Generator Tap Box Photos

6. Building 651 Sidewalk Photos

7. Artificial Grass Area Site Layout

8. Artificial Grass Area Photos

9. Handrail Installation Photos

10. Specifications Package

a. 010000 General Requirements

b. 013216 Project Schedules

c. 013323 Shop Drawings, Product Data, and Samples

d. 013526 Safety Requirements

e. 014219 Reference Standards

f. 014500 Quality Control

g. 014529 Testing Laboratory Services

h. 015719 Temporary Environmental Controls

i. 017419 Construction Waste Management

j. 024100 Demolition

k. 312011 Earthwork

l. 320523 Cement and Concrete

m. 321216 Asphalt Paving

n. 321723 Pavement Markings

o. 323113 Chain Link Fences and Gaits

SECURITY REQUIREMENTS:

The contractor is responsible for assuring that all employees and consultant employees working on the project comply with these regulations.

1. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

2. No photography or video recording of VA premises is allowed without prior authorization.

3. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

4. Before starting any work, the contractor shall submit an electronic security memorandum describing the approach to following goals and maintaining confidentiality of “sensitive information”.

5. The contractor is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.

6. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

7. VA Information Custodial Language

a. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

b. The following standard items relate to records generated in executing this contract:

i. Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

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

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

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

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

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

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

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

ix. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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

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.

RECORDS MANAGEMENT REQUIREMENTS:

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.

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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