P02 Sources Sought Chiller and Colling Towers PM.pdf

THIS IS A SOURCES SOUGHT ANNOUNCEMENT ONLY. No Solicitation is currently available. The information requested will be used solely within the Department of Veterans Affairs (VA) to facilitate decision making and will not be disclosed outside of the Government. The determination of a procurement strategy, based upon the comments submitted in response to this Sources Sought Announcement, is solely within the discretion of the Government. The applicable North American Industry Classification System 238220 Plumbing, Heating, and Air Conditioning contractors, small business size standard is $19.0 Million.

The VA Network Contracting Office (NCO 21) is soliciting information from contractors that can provide chiller and cooling towers systems maintenance located at the VA Stockton Clinic. A draft, subject to change, Statement of Work (SOW) is attached to this notice. Brief Description of Services:

The Contractor shall supply all labor, tools, parts, material, equipment, supervision, and transportation necessary to perform complete Preventative Maintenance inspection and service of all items as identified in Inventory during the contract period. Maintenance Services includes Preventative Maintenance (PM), Repair Maintenance (RM), Emergency Service (ES), and Call Back Service (CB)

The period-of-performance (POP) for the base year 10/01/2024 - 9/30/2025 plus four one-year option periods. All interested contractors must respond by email to pablo.cunanan@va.gov no later than 4:00 PM PST on 7/29/24. The assigned procurement number is 36C261-24-AP-4553.

Please provide your response to the questions as follows:

a) What is your company’s Socioeconomic Status? (ex: small business, large business, SDVOSB).

b) If SDVOSB or VOSB, are you registered in https://veterans.certify.sba.gov (Veteran Small Business Certification (sba.gov) ).

c) Provide company’s legal name along with UEI #, DUNS, and/or CAGE Code.

d) Capabilities Statement List of Projects (Government and Commercial) that are similar in scope and size, preferably with the VA.

e) Anticipated Teaming Arrangements (if any).

f) If plan on subcontracting, demonstrate that you will meet the limitations on subcontracting per FAR 52.219-14 for Small Businesses; VAAR 852.219-75 for SDVOSB/VOSB.

g) GSA, VA, SEWP or any government contract, provide the Contract #, if applicable

h) The applicable wage determination is WD 2015-5653 Revision No. 20 Dated 05-18-24 County of San Joaquin, CA. The Government will use this information when determining its business type decision. This synopsis is not to be construed as a commitment by the Government and no contract will be awarded as a direct result of this Sources Sought announcement. Failure to provide the information requested above on items a - h will be considered non-responsive and will not be considered a viable source. Notes: Contractors must have a current registration in the System for Award Management (SAM) at https://sam.gov/SAM/ and SDVOSB and VOSB firms https://veterans.certify.sba.gov and CVE should be registered at the time of quote submission. No telephone calls will be accepted or entertained, no exception.

mailto:pablo.cunanan@va.gov https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/

DRAFT STATEMENT OF WORK

VA Northern California Health Care System (VANCHCS) – Stockton Clinic

Chiller and Cooling Tower Systems Maintenance and Repair

SECTION 1

General Terms and Conditions: The terms and conditions contained in this section are applicable to all services for chiller and cooling towers systems located at the VA Stockton Clinic as identified in Inventory Attachment – HVAC Equipment Listing (Inventory), unless otherwise stated in the specific subparagraphs on each locations equipment. Refer to Inventory, for all VA equipment associated with this Statement of Work (SOW).

1.1 Condition of Equipment

Site tours can be scheduled by contacting Marty Thompson at (916) 275-6549. The site tour is subject to the availability of VA personnel to accompany and guide the tour. There is no guarantee of VA personnel availability.

A. Equipment list is attached with detailed service intervals. Reference ASHRAE 180 for detailed Preventative Maintenance plans.

1.2 Maintenance Services

A. Maintenance Services includes Preventative Maintenance (PM) (paragraph 1.3), Repair Maintenance (RM) (paragraph 1.4), Emergency Service (ES) (paragraph 1.5), and Call Back Service (CB) (paragraph 1.6).

B. Notwithstanding any term(s) to the contrary, the Contractor is responsible to perform all PM and CB services, at no additional cost to the Government.

C. Whether a specific maintenance service is a PM, RM, ES, or CB service will determine financial liability for the associated costs. Such determination will be made by the Contracting Officer (CO) based on available facts and evidence. If the Contractor disagrees with the determination of the CO, the Contractor has specific remedies available under the terms of the contract. Failure to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with FAR clause 52.233-1, Disputes. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

1.3 Preventative Maintenance (PM)

A. Contractor shall supply all labor, tools, parts, material, equipment, supervision, and transportation necessary to perform complete Preventative Maintenance inspection and service of all items as identified in Inventory during the contract period.

B. The PMs shall be performed in accordance with the terms and conditions reference ASHRAE 180 and the manufacturer’s recommended maintenance procedures.

C. It is the sole responsibility of the service Contractor to schedule and perform all preventative maintenance inspections at the intervals specified, at a time mutually agreeable with the COR or his Engineering designee. The Department of Veterans Affairs does not assume any responsibility for reminding the service Contractor that a preventive maintenance inspection is due to be performed.

D. The Contractor shall provide out of cycle PM services, as required, which may consist of calibration, cleaning, oiling, adjusting, replacing PM parts, and maintaining the equipment, including all intervening calls necessary between regularly scheduled PMs at no additional cost for parts or labor, including providing documentation (see paragraph 1.10).

E. For ‘Within Scope Parts’, the Contractor is responsible for paying for all normal PM parts and fluids (including batteries and PM parts shipping expenses).

F. Major repairs are defined as labor, parts and/or materials required for other than a PM or CB service which will require a separate proposal submitted to the COR. The contractor shall not perform any work outside of the PWS. Contractor shall obtain the CO’s or designee’s authorization, and the COR will submit a separate procurement package to the CO prior to the contractor performing any repair work and/or purchasing replacement parts. The cost, if approved, will be based on the Contractor’s actual cost of the item less any discount received by the Contractor on those parts and fluids plus shipping charges.

G. Stockton Equipment List

Chiller Loop with an Open Loop Tower System (Description: Closed Loop Condenser Water, Closed Loop Chilled Water, Maintain Cooling Tower Water {Subject to VHA 1061 Bi-Weekly Dip Slide or heterotrophic plate count (HPC)})

1.4 Repair Maintenance (RM)

A. Unscheduled Maintenance and Repairs

a. Unscheduled maintenance and repairs are defined as any work that is requested and authorized by the government that is within the scope of this contract’s related work but in addition to the contract requirements. The intent is to remain in compliance with all regulatory guidance prescribed in this scope of work. After performing applicable inspections, if Contractor detects any work of this nature, the Contractor will immediately report it to the COR, but work shall not be performed until the Contractor and the CO or COR, as appropriate, have reached an agreement on the price to accomplish the required repairs. Work shall be performed immediately, if necessary (i.e., an emergency), although typically, a 48-hour notice will be given by the CO or COR.

b. Upon receipt of an Unscheduled Maintenance and Repairs request, the Contractor shall assess the requirement and prepare a quote with a statement of work and provide to the COR within 30 calendar days of the government request.

c. Unscheduled Maintenance and Repairs shall be approved in accordance with the terms of the contract before work may proceed. Upon approval, the Contractor shall work with the COR to assign a priority and required completion date to the work. Work shall generally be performed during normal business hours Monday – Friday, excluding Federal Holidays, and be completed in accordance with terms of the Statement of Work under which the work was awarded.

d. The contract value of Unscheduled Maintenance and Repairs will be approved in writing by the COR or CO who will approve billing against this CLIN. The entire contract value of Unscheduled Maintenance and Repairs may not be expended in an annual contract period if the funds are not required in the execution of the contract work.

1.5 Emergency Services (ERS)

A. Emergency Service calls are repair service calls, necessitated by damage to equipment caused by actions of Government employees, actions of other Government Contractors (e.g., PG&E, or other utility providers), and/or acts of nature or forces beyond the control of the Government (such as floods, tornadoes, acts of Terrorism, etc.).

B. ES Services including all parts, fluids and direct Contractor labor are costs not covered under normal repair maintenance. ES are limited to components of the HVAC system and do not include HVAC

1 Stockton 915 York # 1 YKG9E9P8-ETHX SHJM-852720 CUP MODEL YK (Style H) centrifugal liquid chiller ) 2 Stockton 915 York # 2 YKG9E9P8-ETHX SHJM-852920 CUP MODEL YK (Style H) centrifugal liquid chiller ) 3 Stockton 915 York # 3 YKG9E9P8-ETHX SHJM-853120 CUP MODEL YK (Style H) centrifugal liquid chiller ) 4 Stockton 915 Baltimore air coil company XES3E-1222-140-3 U202647207-01-01 CT1 5 Stockton 915 Baltimore air coil company XES3E-1222-140-3 U202647207-01-02 CT2 6 Stockton 915 Baltimore air coil company XES3E-1222-140-3 U202647207-01-03 CT3

Location Details Equipment Details

Site Bldg No. MFG Model Serial Number Notes upgrades or replacement of complete HVAC systems. When requested by the CO or COR, Contractor shall evaluate the extent of the required repair and provide the Government with a cost estimate (parts and labor to be included). Contractor shall note that all proposals are subject to negotiation.

The Government shall pay the Contractor shipping costs, labor costs, and the actual cost of the parts and/or fluids less any discounts received by the Contractor on the supplied parts and fluids.

Contractor shall note that prior to purchasing parts and/or performing the RM, Contractor must obtain written approval by the Contracting Officer (or an authorized designee) and a separate Purchase Order number. Contractor shall provide the Government documentation upon ES service completion (see paragraph 1.10).

1.6 Call Back Service (CB)

A. Call Back Services is a service call, which is required due to incomplete repairs by Contractor. The Contractor shall provide such service calls as required, at no cost to the Government, and provide documentation upon completion (see paragraph 1.10).

1.7 Response Time/Days and Hours of Work

A. Days and Hours of Work: RM, ES, and CB services required in the PWS shall be performed on an “on call” basis. Contractor shall respond (on-site physical response) to these service calls and proceed with the service without undue delay within three (3) hours after being notified, twenty-four (24) hours a day, seven (7) days a week, (365) days a year.

B. PM inspections shall be performed Monday thru Friday, between 8 AM and 4 PM at a time agreed upon by the Government. The Contractor shall notify the COR or his Engineering Designee at least

(48) hours in advance of all preventive maintenance visits. VA Engineering contact information shall be provided to the Contractor upon contract award.

C. The Contractor phone number for the VA to call to initiate all maintenance service at all sites noted in Appendix A shall be provided to the VA within 10 business days of contract award.

1.8 Competency and Conduct of Personnel Servicing Equipment

A. All Contractor service technicians must be fully trained and with at least three years of relevant experience. Technicians shall have received any necessary training or certifications to perform tasks associated with this PWS to the standards detailed therein.

B. The successful Offeror must have an established business, with an office and associated half/full-time staff. The associated staff shall include two (2) "Fully Qualified" service technicians and a one (1) "Fully Qualified" service technician who will serve as the backup.

B. "Fully Qualified" is determined based upon documented training and experience in the field. For training, the service technician must have successfully completed a formalized training program for the equipment identified in Appendix A. For field experience, the service technician must have a minimum of three (3) years’ experience with respect to maintenance and repair service on equipment in Appendix A.

C. All work shall be performed by "Fully Qualified" competent service technicians.

D. The Contractor shall submit as part of their proposal written assurance of the competencies of their personnel and provide credentials of their “Fully Qualified” service technicians. The Contracting Officer (CO) may request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VA equipment. The CO, or their authorized designee, may authenticate the training certifications.

E. The CO and/or the COR specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VA equipment.

F. The Contractor and Contractor service technicians shall always be professional and courteous to all VA Staff, patients, and other VA Contractors. If any issues arise contact the COR to address the concerns.

G. The Department of Veterans Affairs will not provide service manuals to the Contractor. The Contractor shall obtain, keep on file, and make available to its employees all operational and technical documentation (such as operational and service manuals, schematics, and parts list) which is necessary to meet the requirements of this PWS. Each technician performing work on the instrumentation included in this agreement shall maintain a complete file of technical documentation on the product he/she works on. The location and listing (by name) of the service data manuals and/or the manuals themselves shall be provided to the VA upon request. Records to be kept on file, and presented to the VA upon request include the following:

1. Complete Wiring Diagrams

2. Service Manuals

3. Trouble Shooting Guides

4. Service Update memos

1.9 Availability of Test & Repair Equipment and Spare Parts

A. Contractor shall have the necessary test and calibration equipment and replacement parts available within 24 hours after the initial service call has been placed. The Contractor need not own equipment, but can rent, lease, or borrow if it is necessary. If equipment is not owned, Contractor shall be able to prove that such equipment will be available, when needed within 24 hours.

B. Contractor shall show proof of order for parts replacement within 24 hours when a part is not included in their inventory. The Contractor shall make arrangements for the fastest delivery and will resume work upon receipt of part(s) the following calendar day.

C. Contractor shall accomplish repairs without borrowing parts or supplies from any other facility. Used parts, those removed from another system, shall not be installed without approval by the COR.

D. Each Contractor employee shall have available the manufacturers recommended basic parts.

E. All parts replaced shall be identified by part number shown on the manufacturer’s part list. All parts replaced shall be new or Factory Rebuilt replacement parts, which meet the original manufacturer’s specifications.

1.11 Technical Support

If the equipment listed herein has a malfunction that remains undiagnosed after 24 hours (one day) once repairs have begun, the Contractor shall contact the COR or his Engineering designee. After consultation with the Contractor, the VA representative will decide how to proceed.

1.12 Engineering Changes

All Engineering Changes (EC) issued by the manufacturer for the propose of enhancing the level of maintenance or reducing the incidents of equipment problems leading to downtime of equipment will be communicated to the COR by the Contractor. Implementation by the Contractor of all Engineering changes requires written authorization by the Contracting Officer (CO). The COR will assist in coordination with the CO, if necessary, to obtain the written authorization (email may be appropriate at CO’s discretion) for the Contractor to proceed with the implementation of the EC. Implementation of an EC is considered ‘Out of Scope’ to this PWS and shall follow similar procedures for RM or ES services.

Once the EC has been implemented and the negotiated costs paid for by the VA, that EC then becomes a regular part of the ongoing PM service, at no additional cost to the VA.

1.13 Identification, Parking, Smoking, Alcohol, Drug Use, Cellular Phone Use and VA Regulations

A. The Contractor's maintenance technician shall always wear visible identification while on VA campuses. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

Smoking is prohibited inside all VA buildings and on VA campuses excluding designated smoking areas. Cellular phones and two-way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

B. The Contractor Employees shall not consume alcohol or banned substances as identified by VA policies during working hours, or at any other time the employees are performing work under this PWS. The Contractor shall not all any employee to perform work if the employee is under the influence of alcohol or banned substances. Employees found to be under the influence of alcohol or banned substances during working hours will be immediately removed from duty. For purposes of this provision, the threshold for being under the influence of alcohol or banned substances is the same as that which is established by current VA Policies as well as Federal and State laws for vehicle operations. The Contractor is responsible for establishing the methods by which employees will be determined to be under the influence of alcohol or banned substances.

1.14 Compliance with OSHA Bloodborne Pathogens Standards

A. Contractor QAQC (Quality Assurance Quality Control) plan shall detail methods by which all employees are educated as to risks associated with bloodborne pathogens.

B. Contractor QAQC plan shall have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens.

C. Contractor QAQC plan shall detail mechanisms for employee counseling and treatment following exposure to bloodborne pathogens.

D. Contractor shall provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for all employees throughout the performance of this contract.

E. Submit QAQC Plan to the COR within 30 days of the contract award date.

1.15 Recommendations for Optimum Performance

If applicable, Contractor shall provide recommendations and information concerning additional maintenance, repair, or replacement to obtain/maintain systems at optimal performance.

1.16 Refrigerant Requirements

A. Contractor shall only use certified technicians and certified equipment when evacuating or charging the refrigerant for the centrifugal chillers. Contractor shall provide, upon request, documentation demonstrating proper certification.

1.17 Equipment Not Subject to Maintenance Services

A. The water towers at all VA facilities are not included in the maintenance service requirements of this Performance Work Statement (PWS).

SECTION 2

ADMINISTRATIVE REQUIREMENTS

2.1 Deliverables

The contractor shall maintain a complete, orderly, and chronological filing system of the reports and make available to the COR upon request at any time during the POP and 3 years after the contract expires. It is preferred for the contractor to have an online database that the COR can access.

A. Refrigerant Logbook (RLB): Contractor shall establish and maintain an RLB at each facility which will track and document refrigerant usage.

B. The contractor shall create electronic inspection reports (field service reports) and email them to the COR after the services are rendered and five (5) business days prior to invoicing date. These reports are considered a part of the required services and must be provided prior to invoicing the VA in Tungsten. The COR shall notify the contractor of the acceptance of the report within 7 business days of receipt, so that the contractor can invoice in Tungsten. In addition, if there is online access to the reports, the contractor shall provide the COR with online access to view reports. It is preferred for the contractor to provide online access for report retrieval. This report is considered a part of the required services and must be provided prior to invoicing the VA in Tungsten. At a minimum the report will be similar to the attached inventory report in excel or better.

1. At a minimum, the reports shall include the following:

a. Name of the service technician that performed the work

b. Type of service performed (i.e., annual, quarterly, repair etc.)

c. Date service was rendered

d. Location of the equipment

e. Equipment serial number

f. Notes or remarks applicable to the service performed

g. Recommended/required repairs

C. The Contractor shall provide and utilize procedures and checklists indicating work performed at the completion of each maintenance service call and provide copies to the COTR or his/her designee at the completion of the service.

D. The Contractor shall provide all non-emergency suggested repairs on a separate report from the one outlined in paragraph B above. This is so that the COR is aware of repairs outside of the scope of this contract to the COR within 5 days from the service completion date. Document detailed report with applicable pictures.

E. Report emergency repairs with an applicable report immediately to the Contracting Officer and do not perform services without prior authorization.

F. If the contractor will provide the government with access to an online database, the contractor shall provide an online account to the COR to access reports up to 3 years after the contract ends. Online account must be active and log-in information must be provided to the COR within 20 days the contract being awarded.

G. Provide a tentative service schedule to the COR within 2 weeks of the contract award date. Schedule should be planned around billing periods to not affect invoicing in arrears.

H. Provide a list of qualified technicians assigned to each location to the COR prior to the first scheduled service date.

I. Provide a list of contact information for call back services within 2 weeks of the contract award date.

J. Submit QAQC Plan to the COR within 30 days of the contract award date. This plan shall include sub-contractor monitoring process and corrective actions.

2.2 Invoicing

A. The Contractor shall invoice in arrears and coordinating with their accounting personnel to bill after applicable reports are made available electronically and accepted by the COR. Contractor shall use the VA’s 3rd party, Tungsten. Invoicing will be detailed by applicable CLIN(s) and the date(s) the service was performed. Include the following data in the invoices:

1. See the deliverables section for details

2.3 Additional Proposal Requirements

A. If the contractor is using a sub-contractor to perform the work, the contractor shall provide a plan in their quote or proposal during the solicitation that includes the following:

1. Details of how the contractor plans on providing at least 50% of the services

2. Details of the work that will be performed by the sub-contractor and the planned percentage of the work that the subcontractor will perform

3. Resumes of those that will on-site and performing the services.

4. Training and certification documents outlined in section 1.8

2.4 Contract Line Item Numbers (CLIN) Suggested

A. 0001 Chiller York #1, SHJM-852720, Cooling Tower 1, U202647207-01-01Quarterly, Semi-Annual and Annual Services B. 0002 Chiller York #2, SHJM-852920, Cooling Tower 2, U202647207-01-02 Quarterly, Semi-

Annual and Annual Services C. 0003 Chiller York #3, SHJM-853120, Cooling Tower 3, U202647207-01-03

Quarterly, Semi-Annual and Annual Services D. 0004 Unscheduled Repairs, described in section 1.4

3.0 Records Management

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 while 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.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

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.

DRAFT STATEMENT OF WORK