P01. SOW.docx
DOCX document 166 KB Posted
- Attached to
- H399--Base UST/AST Inspections
- Solicitation number
- 36C26324Q0671
About this file
This document is a Performance Work Statement (PWS) for a federal contract opportunity to provide underground and aboveground storage tank inspection, testing, and repair services for the Department of Veterans Affairs Nebraska-Western Iowa Health Care System.
The PWS outlines the contractor's responsibilities to conduct functionality tests and inspections on various fuel storage tanks at the Omaha and Grand Island, Nebraska VA Medical Centers. The contract requires the contractor to have certifications to perform these services in accordance with applicable federal, state, and industry standards. The contract has a base year from 05/15/2024 to 05/14/2025 with four one-year option periods. Routine work is to be performed during normal business hours, while emergency work may be required after hours. The contractor must provide documentation of all work performed and coordinate with VA points of contact. The VA will provide a listing of the storage tanks to be serviced under the contract. This is a total small business set-aside procurement with a NAICS code of 541380 and a proposal due date of 05/10/2024.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C26324Q0671 0002_1.docx | DOCX document | |
| Omaha_SPCC Plan_Jan 2023__.pdf | ||
| Grand Island_SPCC Plan_Jan 2023_.pdf | ||
| S02 - 36C26324Q0671 0002.pdf | ||
| 36C26324Q0671 0001_1.docx | DOCX document | |
| S02 - 36C26324Q0671 0001.pdf | ||
| P07. WD Douglas County.pdf | ||
| 36C26324Q0671_1.docx | DOCX document | |
| S02. 36C26324Q0671.pdf |
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B.3 PERFORMANCE WORK STATEMENT
1) GENERAL DISCRIPTION:
a) The contractor shall provide all transportation, personnel, materials, labor, and equipment required to conduct functionality tests and tank inspections. The Contractor shall ensure that compliance, leak detection, new installations, upgrades and tank closures, all faucets of fuel storage are completed in accordance with the Nebraska Underground Storage Tank Rules Title 159, Nebraska Above Ground Storage Tanks Rules Title 158, NFPA 30, STI SP001, , EPA, and any other applicable departments and laws such as 40 CFR 280 Technical Standards & Correcting Action Requirements for Owners and Operators of USTs.
The Contractor shall inspect and test in accordance with the manufacturer’s recommendations, prevailing industry standards and local, state, national, and international (where applicable) codes. The Contractor will be responsible to provide an estimate for any repairs that are needed to maintain dependable operation of the equipment.
b) For inspection and testing, the Contractor is responsible for ensuring all current Joint Commission, NFPA and any other applicable standards are met. The standards may change yearly. The Contractor shall keep up to date on all standards and document as needed.
2) PERFORMANCE LOCATIONS:
a) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Omaha Division Medical Center, 4101 Woolworth Avenue, Omaha, NE 68105
b) Department of Veterans Affairs Nebraska-Western Iowa Health Care System, Grand Island Division Medical Center, 2201 N Broadwell Ave, Grand Island, NE 68803
3) PERFORMANCE PERIOD:
a) BASE YEAR: 05/15/2024 to 05/14/2025
b) OPTION YEAR ONE: 05/15/2025 to 05/14/2026
c) OPTION YEAR TWO: 05/15/2026 to 05/14/2027
d) OPTION YEAR THREE: 05/15/2027 to 05/14/2028
e) OPTION YEAR FOUR: 05/15/2028 to 05/14/2029
4) HOURS OF SERVICES:
a) Normal Operational Hours (i.e. 06:00-17:00)
i) Work shall be performed on weekdays during normal business hours between 06:00 CST to 17:00 CST unless other arrangements have been made with the appropriate representatives.
ii) Normally, work will not be done on federal holidays. A list of federal holidays is at Federal Holidays (opm.gov).
iii) Any work scheduled outside of normal operational hours must be arranged and approved by the Nebraska-Western Iowa VA Health Care System Engineering with at least 24 hours of advanced notice.
5) NEBRSAKA-WESTERN IOWA VA HEALTH CARE SYSTEM CONTACT INFORMATION:
a) Normal Work Hours (i.e. 06:00-17:00):
i) Omaha VA Medical Center contacts:
(1) Primary – Jeremy Davis 402-995-4137 & 402-926-9533 jeremy.davis6@va.gov
(2) Secondary - Griffin Walsh 402-995-3741 & 531-232-9231 Griffin.Walsh@va.gov
(3) Tertiary – Boiler Plant Office 402-995-4830
ii) Grand Island VA Medical Center Contacts:
(1) Primary - William Sis 308-382-3660 & 918-613-1621 William.Sis@va.gov
(2) Secondary - Josiah Curley 402-995-5545 & 918-581-4171 Josiah.Curley@va.gov
(3) Tertiary - Boiler Plant Operators 308-395-3400
b) After-Hours Work (i.e. outside of 06:00-17:00):
i) Omaha VA Medical Center
(1) Primary - Boiler Plant Operators 402-995-4830
(2) Secondary - AC Plant Operators 402-995-3280
ii) Grand Island VA Medical Center
(1) Primary - Boiler Plant Operators 308-395-3400
6) REQUIRED CERTIFICATION
a) Certification: The contractor shall have a valid contractor’s license and certifications required by the State of Nebraska to perform storage tank inspections such as certifications provided by the American Petroleum Institute or similar accrediting organizations.
b) All testing’s will be performed by a trained and certified technician. Proof of certifications must be provided before working on campus.
7) CONTRACTUAL REQUIREMENTS AND PERFORMANCE CRITERIA:
a) REPORTING
i) The contractor personnel shall report to the VA site representative to sign in and acquire a badge.
ii) The contractor personnel shall report to the VA site representative to sign out and return the badge before departing the VA facility at the end of each week.
iii) The contractor personnel shall wear an identification badge provided by VA when working under the resulting contract on Federal property.
b) INSPECTIONS
i) Upon completion of each, inspection and/or testing the Contractor will provide the NWI VA with documentation listing all work performed, defects found and corrected, and any corrective action suggestions.
ii) All testing’s will be documented and provided to the COR/POC before leaving the testing site.
iii) Contractors shall report deficiencies that are deemed critical immediately to the COR/POC
iv) The Contractor shall submit an estimate for resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.
c) SERVICES:
i) NWI-OMA Above ground Petroleum Storage
| Tank Number |
| Capacity |
(gallons)
| Contents |
| Container Material |
| Tank Location |
| Secondary Containment |
| Boiler Plant 1 |
| 10000 |
| Diesel Fuel |
| Concrete coated steel |
| NW of Boiler Plant |
| Polyethylene |
secondary containment layer+ concrete encasement
| Boiler Plant 2 |
| 10000 |
| Diesel Fuel |
| Concrete coated steel |
| NW of Boiler Plant |
| Polyethylene |
secondary containment layer+ concrete encasement
| Boiler Plant 3 |
| 10000 |
| Diesel Fuel |
| Concrete coated steel |
| NW of Boiler Plant |
| Polyethylene |
secondary containment layer+ concrete encasement
| Boiler Plant 4 |
| 10000 |
| Diesel Fuel |
| Concrete coated steel |
| NW of Boiler Plant |
| Polyethylene |
secondary containment layer+ concrete encasement
| Boiler Plant Gen |
| 50 |
| Diesel |
| Day Tank |
| Inside Boiler Plant |
| None |
| 5 |
| 6000 |
| Diesel Fuel |
| Fiberglass |
reinforced plastic
| South of Building 25 |
| None |
| Building 25 Gen |
| 125 |
| Diesel |
| Day Tank |
| South of Building 25 |
| None |
| 8 |
| 500 |
| Diesel |
| Steel |
| North of Building 15 |
| Yes |
| 9 |
| 5,000 |
| Gasoline |
| Steel |
| North of Building 9 |
| None |
| 10 |
| 20053 |
| Diesel |
| Steel |
| North of Building 6 |
| Yes |
| 11 |
| 268 |
| Diesel |
| Steel |
| East of ACC |
| Yes |
| 12 |
| 243 |
(2 tanks)
| Diesel/Unleaded |
| Steel |
| SE corner of Building 9 |
| Yes |
ii) NWI-GI Above ground Petroleum Storage
| Tank Number |
| Capacity |
(gallons)
| Contents |
| Container Material |
| Tank Location |
| Secondary Containment |
| Building 17 |
| 1000 |
| Diesel |
| Double-walled |
Steel
| East of Building 17 |
| Yes |
| Building 18 |
| 500 |
| Diesel |
| Double-walled |
Steel
| Building 18 |
| Yes |
| Building 8 (tank 1) |
| 300 |
| Diesel |
| Double-walled |
Steel
| SE of Building 8 |
| Yes |
| Building 8 (tank 2) |
| 300 |
| Unleaded Gasoline |
| Double-walled |
Steel
| SE of Building 8 |
| Yes |
| Building 18 |
| 75 |
| Diesel |
| Day tank |
| Inside Building 18 |
| Yes |
| Building 17 |
| 75 |
| Diesel |
| Day tank |
| Inside Building 17 |
| Yes |
iii) NWI-OMA Underground Petroleum Storage:
| Tank Number |
| Capacity |
(gallons)
| Contents |
| Container Material |
| Tank Location |
| Secondary Containment |
| 5 |
| 6000 |
| Diesel Fuel |
| Fiberglass |
reinforced plastic
| South of Building 25 |
| None |
iv) NWI-GI Underground Petroleum Storage:
| Tank Number |
| Capacity |
(gallons)
| Contents |
| Container Material |
| Tank Location |
| Secondary Containment |
| Boiler Plant 1 |
| 20000 |
| Diesel |
| Fiberglass |
Reinforced Plastic
| West of Boiler Plant |
| None |
| Boiler Plant 2 |
| 20000 |
| Diesel |
| Fiberglass |
Reinforced Plastic
| West of Boiler Plant |
| None |
8) UST TANK & SUMP INSPECTION:
Types of sumps associated with the UST system may include turbine sumps, dispenser sumps, transitional sumps, and spill bucket.
a) Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.
i) Annual walk-through inspection
(1) Minimum inspection points:
(a) Containment Sumps.
(b) Visually check the containment sump for damage, leaks to the containment area, and releases to the environment.
(c) Remove liquid from the containment sump.
(d) Remove debris.
(e) Ensure the sump lids are tight, seal correctly and not damaged.
(f) Check the sump sensors for proper location in the sump.
(g) Check to ensure the walls of your sump are intact and are not slumping or warping.
(h) Check to ensure no cracks are present around the areas where components, such as wiring conduit and piping, enter your sumps.
(i) Check to ensure no new stains are present since your last inspection.
(j) Check to ensure all areas where electrical wires, conduits and piping enter the sump are sealed. Check for cracked or loose seals around the inner and outer piping walls for tightness.
(k) Check to ensure the test boots are in good condition, not cracked or torn, and positioned correctly in the sump.
(l) Keep the results of these inspections for one year.
ii) Monitoring equipment for the tank interstitial space is tested which includes probes, pressure gauges, vacuum pumps, and handheld equipment.
iii) Piping sump sensor functionality test.
iv) Automatic tank gauge probe functionality test.
v) Automatic tank gauge console functionality test.
vi) Overfill Alarm: Inspect for proper operation
vii) Calibration of release detection equipment.
viii) Perform operability test on release detection equipment.
ix) Fill and Monitoring Ports: Inspect all fill/monitoring ports and other access points to make sure that the covers and caps are secured and tightly sealed
x) Spill Buckets: Ensure spill buckets are clean, in good condition, and empty of liquid and debris. Buckets are in good condition so they will keep the water out when the lid is closed. Ensure that when the lids to your spill buckets are in the closed position, they create a good seal and are secured tightly. Some spill buckets contain a rubber gasket inside the cover; check to ensure the lid is not touching the fill cap.
b) Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.
i) Overfill Equipment Functionality test.
ii) Tank Cathodic Protection Test.
iii) Pipeline Cathodic Protection Test.
iv) Automatic Shutoff Device Test.
v) Ultrasonic Thickness Test and equipment life cycle analysis
vi) Tank tightness test (measurement of product temperature should be maintained during test to ensure no inference with volume) unless alternate method proposed (ie: mass)
vii) Test all containment sumps used for piping for liquid tightness or use a double walled containment sump with annual interstitial monitoring.
viii) Overfill Prevention Equipment Functionality Test- Minimum inspection points.
(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.
(2) There are three types of overfill protection devices:
(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves)
(b) Overfill alarms.
(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.
ix) Spill Bucket Sump Integrity Test – Hydro Testing - Minimum inspection points
(1) Spill Bucket and Sump Integrity Testing
(2) An integrity test must be performed on the spill bucket and any sumps associated with a piping system that uses interstitial monitoring as a method of leak detection such as a turbine sump, UDC sump or transitional sump.
(3) Check the sump to tightness.
(4) If the sump is repaired, it must be retested within 30 days.
x) Nebraska UST rules require two types of release detection on pressurized piping:
(1) A mechanism or method to detect a "large" leak at a rate of 3 gallons per hour; and
(2) A mechanism or method to detect a "small" leak at a rate of 0.2 gallon per hour monthly or 0.1 gallon per hour yearly.
xi) Overfill Prevention Equipment Functionality Test- Minimum inspection points
(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.
(2) There are three types of overfill protection devices:
(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves);
(b) Overfill alarms; and
(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.
9) AST TANK & SUMP INSPECTION:
Types of sumps associated with the AST system may include steel/aluminum tanks, Composite overwrapped (metal), Composite overwrapped (fiberglass/aramid), and Composite tanks (carbon fiber w/polymer liner).
a) Annually – Every Year – Once a Year Annual is defined as every twelve (12) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.
i) Annual walk-through inspection
(1) Minimum inspection points:
(a) Check to ensure no cracks or pitting are present around the areas where components, such as wiring conduit and piping exist.
(b) Check to ensure no new stains are present since your last inspection.
(c) Check to ensure all areas where electrical wires, conduits and piping enter the sump are sealed.
(d) Check for cracked or loose seals around the inner and outer piping walls for tightness.
(e) Check to ensure the test boots are in good condition, not cracked or torn, and positioned correctly.
(f) Keep the results of these inspections for one year.
ii) Exterior container integrity testing of ASTs with no secondary containment.
iii) Evaluate foundation and anchor bolts (where required)
iv) Integrity and leak testing of valves and piping associated with containers that have no secondary containment as described in EPA §112.7(c).
v) Monitoring equipment for the tank interstitial space is tested which includes probes, pressure gauges, vacuum pumps, and handheld equipment.
vi) Piping sump sensor functionality test.
vii) Automatic tank gauge probe functionality test.
viii) Automatic tank gauge console functionality test.
ix) Inspect Overfill Alarm for proper operation.
x) Calibration of release detection equipment.
xi) Perform operability test on release detection equipment.
xii) Fill and Monitoring Ports: Inspect all fill/monitoring ports and other access points to make sure that the covers and caps are secured and tightly sealed.
xiii) Visually inspect to assess deterioration and maintenance needs of AST foundations and supports.
xiv) Visually inspect all aboveground valves and piping associated with transfer operations for the general condition of flange joints, valve glands and bodies, drip pans, pipe supports, pumping well polish rod stuffing boxes, bleeder and gauge valves, and other such items.
b) Triennially – Once Every 3 Years – Every 36 months Triennial is defined as every thirty-six (36) months, prior 30 days from the month of the last test. For example, within 30 days prior to the month/date of the last test (but not 30 days after). This is a “per device” requirement; meaning each device must individually meet this time frame.
i) Overfill Equipment Functionality test.
ii) Tank Cathodic Protection Test.
iii) Pipeline Cathodic Protection Test.
iv) Automatic Shutoff Device Test.
v) Ultrasonic Thickness Test and equipment life cycle analysis
vi) Test all containment sumps used for piping for liquid tightness or use a double walled containment sump with annual interstitial monitoring.
vii) Overfill Prevention Equipment Functionality Test- Minimum inspection points.
(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.
(2) There are three types of overfill protection devices:
(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves)
(b) Overfill alarms.
(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.
viii) Overfill Prevention Equipment Functionality Test- Minimum inspection points
(1) Must ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substances reach that level.
(2) There are three types of overfill protection devices:
(a) Automatic shutoff devices (also known as drop tube shutoff devices or “flapper” valves);
(b) Overfill alarms; and
(c) Ball-float valves (also known as float-vent valves). Ball-float valves can no longer be used on new tank installations. Repair or replacement of existing ball-float valves is prohibited. A faulty ball-float valve must be replaced by an approved method of overfill prevention.
10) REPAIR WORK:
a) The Contractor shall submit an estimate for resolving any issues. No work is be performed unless a written authorization is provided to the Contractor from a Contracting Officer in the form of a bi-lateral modification.
b) Once it has been determined and agreed upon both by the VA and the contractor that the additional services needed to affect repairs are not included in this contractual performance work statement, monetary funds will need to be requested and approve by means of a PO if total repair expenses are less than $2500.00 or through means of a contract modification if total repair expenses are greater than $2500.00. The COR does not have the authority to approve the work outside of the SOW and any work performed by the contractor in good faith outside of the SOW. Any work performed by the contractor without the approval of the contracting officer or an approved purchase through a credit card PO will be completed or resolved at the expense of the contractor and not the VA.
11) HOURS OF WORK:
a) Routine Work: Routine work connected with this contract shall be performed between the times of 06:00 and 17:00 local time defined as normal working hours unless explicitly stated in the SOW.
b) Emergency Work: Emergency work is defined as work performed after normal working hours. As specified earlier, the contractor shall be required in some instances to work other than normal working hours. Approval of the COR shall be obtained prior to starting work during other than normal working hours to ensure services are needed after hours and are included in this SOW.
12) CONTACT INFORMATION:
a) The contractor shall provide to the contracting officer and the COR specific mobile number(s), email address (es) and/or SMS texting number(s) which can always be used to alert the contractor, including weeknights, weekends, and holidays. In addition, the Government shall provide the contractor the names of the agency personnel authorized to initiate medical gas and vacuum system service calls, contracting officer, contract monitor, alternate contract monitor. Both parties entering the contractual agreements will include three points of contact as a double redundancy for communication and information relaying.
13) REPORTING AND DOCUMENTATION:
a) The contractor will be responsible for providing documentation of incremental work completed to the primary and secondary points of contact listed prior. Documentation should be submitted to the VA representatives when maintenance of any kind is performed, inspections of equipment is completed, inventory of materials is certified, or emergency repair work is finished. The documents (in the form of electronic documents, preferably PDFs) should regularly be emailed to the VA representatives at least one week after inspection to include maintenance provided, whether or not the unit passed, and any other deficiencies with the equipment to include cost line items and weekly so that a comprehensive schedule of the contractor’s work is retained for records as required by government records agencies.
14) GENERAL REQUIREMENTS
a) The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.
b) The contractor shall comply with OSHA and NFPA safety standards, and VA security requirements as applicable.
c) The VA Health Care System and its property is entirely smoke-free.
d) Contractor and their personnel shall always wear visible identification while they on the premises.
e) It is the responsibility of the Contractor to park in the appropriate designated parking areas.
f) No storage space for tools or testing equipment will be provided to the contractor
g) The work area shall be returned to an acceptable appearance after any work is completed. All disposals of materials are to be off-site.
h) Possession of weapons is prohibited.
i) Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.
15) GRAY MARKET PREVENTION LANGUAGE
a) Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for a services contract for maintenance of medical equipment for VA Health Care Systems. No remanufactures or gray market items will be acceptable.
b) The Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed medical supplies, medical equipment, and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.
c) The delivery of gray market items to the VA in the fulfillment of an order/award/contract constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.
16) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
a) Citations to pertinent laws, codes, and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
b) Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
c) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.
d) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
e) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
f) The Government Agency owns the rights to all data/records produced as part of this contract.
g) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
h) Contractor agrees to comply with federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]. 36C26321P0052
i) No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.
ii) 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.
17) NARA Records Management Language for Contracts (May 2017):
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, 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. [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System]. 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 [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] policy.
8. The Contractor shall not create or maintain any records containing any non-public [VA Nebraska-Western Iowa Health Care System] 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. The [VA Nebraska-Western Iowa Health Care System] 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 [VA Nebraska-Western Iowa Health Care System] 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.
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] image1.emf
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