P02 Sources Sought Generator 7-24-24.docx

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 811210 Electronic and Precision Equipment Repair and Maintenance, small business size standard is $34.0 Million.

The VA Network Contracting Office (NCO 21) is soliciting information from contractors that can provide Emergency Generator and ATS Maintenance, Testing, Inspection, and Repair. A draft, subject to change, Statement of Work (SOW) is attached to this notice. Brief Description of Services: The Contractor shall provide all labor, materials, equipment, supervision, administrative support, and any necessary professional engineering services required for the maintenance (including cleaning), testing, inspection and repair of the emergency generators and automatic transfer switches (ATS) listed in the Generator and ATS Inventory (Inventory) for VA Northern California Healthcare System (VA NCHCS) facilities at Mare Island, Martinez, Mather, and Stockton 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 7/31/24. The assigned procurement number is 36C261-24-AP-4124.

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 determinations are WD 2015-5653, 5655, 5623, and 5653. 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 - g 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.

DRAFT STATEMENT OF WORK

Emergency Generator and ATS Maintenance, Testing, Inspection, and Repair

1. General Information A. The Contractor shall provide all labor, materials, equipment, supervision, administrative support, and any necessary professional engineering services required for the maintenance (including cleaning), testing, inspection and repair of the emergency generators and automatic transfer switches (ATS) listed in the Generator and ATS Inventory (Inventory) for VA Northern California Healthcare System (VA NCHCS) facilities at Mare Island, Martinez, Mather, and Stockton for the periods outlined in the Period of Performance in this Statement of Work (SOW).

B. The Contractor shall provide repair services to limit system down times and ensure optimum generator and ATS operations capabilities under a separate Contract Line Item Number (CLIN). The Contractor shall provide a separate bid item for repairs in the proposal and shall base this bid item on the Contractor’s reasonable costs for anticipated repairs that are beyond any repair work necessitated by direct Contractor cause, action, or responsibility. Payment for repair work shall be processed for repair items performed under this provision up to the awarded repair CLIN amount.

C. PERIOD OF PERFORMANCE: The period of performance for this service contract is for one base year with four (4) one-year options, if exercised.

2. Scope of Work

A. CONTRACTOR QUALIFICATION AND CERTIFICATION REQUIREMENTS

1. The Contractor shall have requisite experience and certification that satisfies standards and codes to perform the services as outlined in this SOW.

2. The Contractor is currently and regularly engaged in the maintenance, commissioning, and installation of Generators/Automatic Transfer Switches and associated support equipment and systems of similar size and scope.

3. The Contractor functions as the principal service provider for equivalent work as described in this SOW.

4. The Contractor shall have five (5) years of successful demonstrated experience, trained supervisory personnel, and facilities to perform services for VA medical facilities represented in this SOW, or equivalent.

5. CLIN #1: Generator Maintenance for units at Mather Campus.

6. CLIN #2: Generator Maintenance for units located at Martinez Campus.

7. CLIN #3: Generators Maintenance units located Mare Island Campus.

8. CLIN #4: Generator Maintenance for units located at Stockton Campus.

9. CLIN #5: ATS Maintenance for units at Mather Campus.

10. CLIN #6: ATS Maintenance for units located at Martinez Campus.

11. CLIN #7: ATS Maintenance units located Mare Island Campus.

12. CLIN #8: ATS Maintenance for units located at Stockton Campus.

13. CLIN #9: Witness Testing Requirement for all sites.

14. CLIN #10: Unscheduled maintenance and repair cost of $125,000 per year.

B. CONTRACTOR PROFESSIONAL SERVICE RESPONSIBILITIES

1. The Contractor shall provide service in compliance with the following codes, standards, and references. The Contractor shall have access to the latest standards referenced below at no cost to the government:

a. NFPA 70, National Electrical Code,

b. NFPA 70E, NEC Electrical Safety Training,

c. NFPA 99, Health Care Facilities Code,

d. NFPA 110, Standard for Emergency and Standby Power Systems,

e. VHA Directive 1028, section 8 (Implementation),

f. Applicable Equipment Manufacturer's Recommendations, and

g. All other applicable laws, regulations, rules, ordinances, codes.

2. The Contractor shall perform no service on energized equipment without written approval from the Contracting Officer. VANCHCS has a formal procedure for approval of service on energized equipment. The Contractor will coordinate with the COR who will obtain these approvals for the Contractor.

3. The Contractor shall adhere to NFPA 70E for Lock Out/ Tag Out and local VANCHCS procedures for performing service on de-energized equipment. The Contractor shall coordinate with the COR to acquire the latest version of the VA’s procedures.

4. All equipment shall be serviced in accordance with the manufacturer's recommendations, the best practices of the industry, and applicable codes, standards, and regulations. If a conflict arises between these standards, the most stringent will prevail.

5. The Contractor shall be responsible for the installation of signs and or barricades as related to equipment and / or systems as deemed necessary by the COR.

6. Contractor shall maintain workspaces in a clean and orderly manner. When work is performed in these areas, the Contractor's personnel shall clean up all debris and leave the area in a presentable condition. Floors shall be swept and mopped when required and all dust shall be removed from vertical and horizontal surfaces at each visit. Remnant oil spots or stains are not tolerated.

7. The Contractor must obtain the approval of the COR before storing anything in VA spaces.

8. All inspection and testing intervals shall strictly adhere to the intervals required by the governing codes and standards and manufactures recommendations.

a. Annually: Once in a 12-month period with a minimum of 330 calendar days and a maximum of 390 calendar days between tests events.

b. Semi-Annually: Twice in a 12-month period with a minimum of 160 calendar days and a maximum of 200 calendar days between test events.

c. Quarterly: Four times in a 12-month period with a minimum of 75 calendar days and a maximum of 105 calendar days between test events. For ATS inspections and maintenance, a quarterly inspection is not required during the quarter that the annual maintenance is performed.

d. Monthly: Every Calendar Month.

e. Weekly: Every Calendar Week.

C. PREVENTATIVE MAINTENANCE SCHEDULE

1. Generators

a. Quarterly Maintenance

1) GENERAL

a) Visual inspection of the overall condition of the generating set for foreign objects, loose or broken fittings, guards, and other components.

b) Visually check engine mounts (tighten if loose)

c) Test run and check for misfire, vibration, or unusual noise from generator assembly.

d) Space Heaters – Check for proper operation (where applicable).

e) Dirt Buildup – Visually inspect the generator for foreign material, dirt, and grease/oil accumulation.

f) Vibration Isolators – Check for proper adjustment and condition of mounting hardware. Visual inspection of generator set for movement while starting.

g) Main Circuit Breaker – Open and close circuit breaker; record breaker position after testing.

h) Inspected for service bulletins, service letters, and recalls per manufactures direction. (Report deficiencies).

2) GENERATOR AIR INDUCTION AND EXHAUST SYSTEM

a) Check air cleaner service indicator, check / clean dust collector cap - inspection and make notation of the reading on service indicator (if applicable).

b) Air Filter – Visual inspection (replace when required at an additional cost).

c) Air Inlet System – Inspection of piping/ducting for damage, loose connections and inspect for proper louver or inlet air fan operation (if applicable).

d) Turbocharger – Visual inspection for signs of wet stacking, exhaust leakage or external damage.

e) Exhaust Manifold – Inspection for damage, lose or missing hardware and evidence of wet stacking and exhaust leaks.

f) Exhaust Silencer/After treatment – Visual inspection of overall condition, wet stacking, exhaust leaks, loose, broken, missing fasteners, and after treatment high back pressure alarms (if applicable).

g) Check for proper rain cap operation or exhaust fan operation.

h) Open condensation drains.

3) GENERATOR COOLING SYSTEM

a) Radiator/Heat Exchanger – Visual inspection for leaks, damage, and debris. Inspect louvers for proper operation (if applicable).

b) Coolant – Inspect for proper level, conditioner level, proper freeze point, and visual inspection for color quality.

c) Inspect radiator cap for signs of leaking, damage, and deteriorating sealing gasket. (Add if needed)

d) Check coolant concentration and corrosion inhibitor (test strips)

e) Hoses and Connections – Visually inspect hoses and connections for leaks, bulging, collapsing and damaged clamps.

f) Fan Drive Assembly – Check for proper operation (no belt slipping) while engine is running and check for signs of slipping on adjacent components. Inspect fan belt for proper tightness and for any wear cracks.

g) Jacket Water Heater – Check and record temperature and check upper hose for hardening. Ensure circulation is adequate throughout the engine.

h) Water Pump – Visual inspection for coolant leaks out of flanges and weep holes.

i) Temperature Thermostats (regulators) – Infrared analysis before and after the regulators prior to starting engine to check for signs of open thermostats. Run engine and record engine coolant temperature after cooling system has stabilized.

4) GENERATOR FUEL SYSTEM

a) Fuel Lines and Connections – Inspect for leaks and condition of hoses (if applicable).

b) Governor – Inspection of controls and linkage for proper operation (if applicable).

c) Fuel Filters (primary and secondary) - Inspect for leaks and external damage. Inspect water trap bowls on primary filters for water and sediment (if Applicable).

d) Day Tank – Check and record fuel level. Visual inspection for leaks and test operation of the transfer pump (if applicable).

e) Main Fuel Tank – Check and record fuel level. Visual inspection for damage, fuel leaks and signs of water entry (if applicable).

f) Engine Fuel Priming Pump – Inspect for leaks (if applicable).

g) Fuel Pressure – Check fuel pressure while engine is running and record if an external gauge is present.

h) Inspect and test fuel level floats switches.

i) Inspect and test containment alarm.

j) Inspect and test transfer pump.

5) GENERATOR LUBE OIL SYSTEM

a) Oil Level – Check for proper oil level and contamination of oil on level gauge. Check for external oil leaks.

b) Oil Pressure – Check and record engine oil pressure while engine is running if an external gauge exists.

c) Crankcase Breather – Visual inspection for damage leaks and excessive blow-by while the engine is running.

d) Clean crankcase breather

e) Lubricate generator bearing (if applicable).

f) Inspect oil lines and connections (tighten if loose).

6) ENGINE STARTING SYSTEM

a) Batteries maintenance – Maintain electrolyte level, clean, and tighten post connections as needed.

b) Battery analyzer test – Record voltage drop while engine is cranking for lead acid batteries.

c) Battery Charger – Verify proper float and boost operation, adjust float to match battery type where applicable, and inspect for loose and deteriorated wiring.

d) Starter Motor – Verify connections are tight and clean. While cranking listen for abnormal engagement and cranking noises.

e) Charging Alternator – Check belts for looseness and deterioration, record DC voltage during engine operation and record maximum amperage output; compare with specifications.

7) CONTROL PANEL

a) General inspection of control panel-operation and test.

b) Start Controls – Check manual/auto start switch for proper operation. Check automatic start function and return to the “auto” position after testing; record position of manual/auto switch after testing (if applicable).

c) Metering – Verify that the voltage and engine parameter gauges function while engine is operating, record the readings of each after engine operation has stabilized (where applicable).

d) Emergency stop – Test for proper operation and annunciation; return switch to run position and record switch position after testing (if applicable).

e) Remote Annunciator – Lamp test to check for presence of DC voltage and correct lamp operation (where applicable).

f) Safety Shutdowns – Test for proper safety shutdown operation and annunciation (where applicable).

b. Annual Maintenance

1) COOLING SYSTEM

a) Coolant – Obtain coolant sample laboratory analysis.

b) Radiator Cap – Pressure test radiator cap for proper operation.

c) Radiator – Pressure test radiator (if applicable).

2) FUEL SYSTEM

a) Fuel – Obtain fuel sample from main tank for laboratory analysis (if applicable).

b) Filters – Replace engine fuel filters (if applicable).

3) LUBE OIL SYSTEM

a) Oil – Replace engine oil and record level after engine testing (unless approved for extended intervals).

b) Filters – Replace engine oil filters.

c) Sample Oil and submit for analysis

4) STARTING SYSTEM

a) Magnetic Pickup Sensor – Remove sensor and clean. Reinstall sensor and set to the proper depth. Record voltage output while engine is running (if applicable).

b) Starter Motor - On units with multiple starters verify each starter operates properly.

5) GENERATOR MECHANICAL (if applicable)

a) Exciter/PMG – Check and record exciter clearance if accessible.

b) Conductors – Check AC conductors for insulation damage within the marshaling box.

c) Fan – Check for broken fan blades and foreign debris.

d) Bearing – Lubricate generator bearings (if applicable).

6) RESISTIVE/REACTIVE LOAD BANK TEST

a) Connect load bank to generator output

b) Start engine and record baseline readings (Engine: Oil Pres, Water temp, Fuel pressure, RPM, D.C. Voltage, & Exhaust temp.

c) Generator: A.C. Voltages across all phases, Amperage @ each phase, Frequency, Power, Power Factor, & Ambient temp.)

d) Apply load to generator at required levels and at required intervals. Monitor unit and recording readings at required intervals of load bank test.

e) Complete Load Bank Data Sheet and provide copy to customer.

c. Year 1 Service and Year 4 Service

1) AIR INDUCTION AND EXHAUST SYSTEM

a) Separate Circuit Aftercooler (if applicable) – Drain coolant and flush the aftercooler system with fresh water (or chemicals if applicable).

b) Replenish aftercooler system with a new NGEC coolant and purge air from system when full.

2) COOLING SYSTEM

a) Coolant – Drain coolant, and flush with fresh water (or chemicals if applicable). Replenish cooling system with a new NGEC coolant and purge system of air when full.

b) Hoses and Connections – Replace all cooling system hoses including jacket water heater hoses; for all connections using worm-gear clamps replace clamps as needed.

c) Fan Belts – Replace engine fan belts; after final operational check the unit to verify belt tension.

d) Temperature Thermostats – Replace engine cooling system thermostats and seals.

3) ENGINE STARTING SYSTEM

a) Charging Alternator – Replace alternator belt(s).

b) Engine Starting Battery – Replace battery with battery that meets or exceeds manufactures requirements.

2. Automatic Transfer Switches

a. Annual Inspection

1) PRE AND POST INSPECTION REQUIREMENTS

a) Document any conditions prior to beginning Preventive Maintenance Process such as position, alerts, lights not functioning, existing delay settings, etc.

b) Place ATS in bypass for the Preventive Maintenance work.

c) Manually operate the main transfer movement to check proper contact alignment, deflection, and wiping action.

d) Prior to leaving checkout with electrician assigned to the work to ensure all issues or concerns are reported and provide field report to VA personnel.

2) ATS INSPECTION

a) Infrared scanning & thermal imaging of each Switch.

b) Remove the arc chutes and pole covers to allow for visual assessment of the main and arcing contacts.

c) Visually inspect for signs of overheating, misaligned contacts, damaged insulation, or lose lugs.

d) Assess the ATS for moisture or signs of previous wetness or dripping.

e) Inspect all main arcing contacts for excessive erosion and/or pitting.

f) Inspect all control relay contacts for excessive erosion and discoloration due to excessive heat.

g) Check all cable and control wire connections to the transfer switch controller, sensing panels and other system components. Tighten if necessary.

h) Check all display panels and screens to ensure displays are not affected or unreadable.

b. Annual Maintenance

1) ATS CLEANING

a) Vacuum the accumulated dust from the ATS enclosure.

b) Clean grime with an approved non-conductive solvent.

c) Use lint-free rags to clean conductors, contacts points between the circuit breakers and main buss bars, buss bars and interior of the electrical equipment.

2) ATS LUBRICATION AND CALIBRATION

a) Re-lubricate device using only approved lubricants from the manufacturer.

b) Test and recalibrate all AC sensing and time-delay functions if needed.

c. Witness Testing The Contractor shall provide witness testing of ATS and Generator testing or troubleshooting for off hour events.

a) Mather: four (4) times a year (quarterly)

b) Martinez: four (4) times a year (quarterly)

c) Mare Island: two (2) times a year (semi-annually)

d) Stockton: Four (4) times a year (quarterly)

E. UNSCHEDULED MAINTENANCE AND REPAIRS

1. Repairs shall be provided for administratively by separate Contract Line-Item Number (CLIN) to meet the needs of work requirements to maintain system integrity and minimize user interruptions.

a. The Contractor shall coordinate with the COR to identify repair needs, develop repair scopes of work and complete necessary repairs. Each repair need shall be facilitated through proposal submission and approval by the contract requirements.

b. If repairs require work outside the scope of routine maintenance, the Contractor shall notify the COR for appropriate decision and action response.

c. Demand maintenance procedures shall be followed for non-reoccurring maintenance repair work. This work includes for example generator start up, battery replacement, Fuel lines replacement, cooling line replacement, and other items in similar scope. Scope can also determine complete replacement of a device if necessary.

2. 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.

a. 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.

F. WORK HOURS

1. For service that does not require any power outages or that will not disrupt normal hospital of clinical operations, the Contractor shall perform services during normal working hours (weekdays, excluding Federal holidays, from 7:00 a.m. to 5:00 p.m.) acceptable to the COR.

2. For services that require complete or localized power outages, the Contractor shall perform these services outside of normal working hours (5:00 p.m. to 7:00 a.m. or weekends), coordinated in advance with the COR.

3. All services that interrupt or interfere with Medical or patient services shall be coordinated in advance with the COR; this may require the Contractor service being performed outside of normal working hours. In some cases where medical emergency or scheduled services such as surgery are performed, scheduling may require advance planning up to three weeks in advance in coordination with the COR.

4. The Contractor shall allocate 8 hours per month or 96 hours per service year of overtime costs to support off hour repairs and maintenance to reduce impacts to the facilities. The Contractor shall provide prompt emergency call back service within two (2) hours for all facilities after being notified at any hour of any day of the week. Upon arriving at the Medical Center to perform services, the Contractor shall report to the specified location for each site or designee.

G. DELIVERABLES

1. Certifications

a. The Contractor shall provide applicable licenses, certifications and resumes for each of their onsite technicians. During the duration of the POP, the Contractor shall prove applicable licenses, certifications and resumes for new onsite technicians 15 days prior to their start date.

b. If using a subcontractor, the Contractor shall provide a quality control (QC) plan by the 15th day of the contract being awarded. The QC plan is to outline the following subjects:

1) Assurance of utilization of most current references from all applicable standards, codes, and requirements identified in this SOW and as required by law, and

2) Process for monitoring subcontractor,

3) Process flow for reviewing reports, invoicing, and scheduling/rendering services,

4) Corrective action plans for:

a) Late reports,

b) Inaccurate reports, and

c) Subcontractor performance deficiencies.

and

5) Administrative processes:

a) Invoicing procedures,

b) Quote submissions for repairs as required in this SOW, and

c) Roster of names of new onsite technicians and their certifications/resumes.

2. Schedules

a. The Contractor shall submit a tentative schedule for the base year and every option year thereafter, by the 15th day of the contract award. If there are changes to the schedule, the contractor shall send the updated schedule to the COR by the 15th day of each prior month for review and acceptance.

b. The Contractor shall coordinate with the site managers, at least 5 business days prior to the scheduled service date.

3. Service Reports The Contractor shall provide service reports with three (3) working days of work being performed back to the COR for documentation process.

a. 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.

b. The COR shall notify the Contractor of the acceptance of the report within seven (7) business days of receipt, so that the Contractor can invoice in Tungsten.

c. If there is online access to the reports, the Contractor shall provide the COR with online access to the reports. It is preferred for the Contractor to provide online access for report retrieval.

d. 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.

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

1) Name of the service technician that performed the work,

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

3) Date service was rendered,

4) Location of the equipment,

5) Equipment serial number,

6) Notes or remarks applicable to the service performed, and

7) Recommended/required repairs.

4. Invoice Reports

a. The Contractor shall create electronic a consolidated invoice report and email the report to the COR after the services are rendered and five (5) business days prior to invoicing date.

b. At a minimum the Contractor shall use the excel version of the Inventory listing or better, as the electronic report. These reports are considered a part of the required services and must be provided prior to invoicing the VA in Tungsten.

c. The COR shall notify the Contractor of the acceptance of the report within seven (7) business days of receipt, so that the Contractor can invoice in Tungsten. The purpose of this report is to track the services being performed against the required services outlined in the SOW, as well as keeping track of the invoicing to ensure the government is paying for services that were rendered. This report serves as quality control for both the government and the Contractor.

d. 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.

e. The Contractor shall not invoice for any services outlined in this document that were not rendered and shall not invoice prior to the CORs acceptance of all reports.

f. At a minimum, the report shall include the following:

1) Location of the equipment,

2) Equipment description,

3) Equipment serial number,

4) Manufacturer name,

5) Invoice number,

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

7) Date service was rendered,

8) Invoice amount (as applicable to contract CLINs), and

9) A summary of the grand total and the totals according to ATS and Generators by site.

H. PARTS, MATERIALS AND SUPPLIES TO BE FURNISHED AND INSTALLED OR REPAIRED

1. All fluids, parts or materials shall be used, maintained, and disposed of in compliance with EPA, State, and local regulations and laws. The Contractor will provide documentation to the COR in accordance with these regulations and laws.

2. Operating supplies such as lubricants, rags, cleaners, etc., shall be properly secured in containers approved by the COR. Storage shall not negatively impact the means of egress, fire protection systems, and emergency lighting. Clearances from electrical equipment shall be maintained as required by NFPA 70, the National Electrical Code.

1. 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, and

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 (subcontractor) 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 subcontractor) 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.

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