PWS Balloon Pump Maintenance.docx

PERFORMANCE WORK STATEMENT – Teleflex AC3 Balloon Pump Maintenance

1. SCOPE AND BACKGROUND

The contractor shall furnish labor, parts, supplies and equipment necessary to provide scheduled and unscheduled maintenance, and periodic preventive maintenance inspections for the equipment listed below. Equipment is located at the Rocky Mountain Regional VA Medical Center, 1700 N Wheeling Street, Aurora, CO 80045.

Teleflex AC3 Optimus system is Intra-Aortic Balloon Pump (IABP) used to provide mechanical cardiac support in patients with severe heart conditions during Cath and EP lab procedures. The systems are critical devices that need to be maintained and available for use to ensure patient care and safety.

SPECIFIC SERVICE FOR

a. Teleflex AC3 Optimus

i. Serial Number: 2504135F; MX Number: 3762683

ii. Serial Number: 2504147F; MX Number: 3762679

iii. Serial Number: 2504161F; MX Number: 3762681

iv. Serial Number: 2504140F; MX Number: 3762682

v. Serial Number: 2504148F; MX Number: 3762680

SERVICE COVERAGE INCLUDES:

a. Teleflex Intra-Aortic Balloon Pump – AC3 Optimus

· Annual performance/preventative maintenance coverage per OEM specifications

· All scheduled and non-scheduled replacement parts are provided at no charge

· All labor and travel are provided at no charge

· Hardware and Software updates, upgrades, and revisions

· Software Upgrades/Revisions

· Annual Preventative Maintenance Coverage

· On-Site Service, Priority Response (within one business days)

· 24/7/365 telephonic technical and service support

· Shipping Level 1: Frist Overnight for down systems; for non-down systems, Priority Next Business-Day morning (by 10:30AM MST)

· 24/7/365 Telephone Technical Support

· 30% discount on IABP rentals

· 40% discount on test equipment

· 50% discount on biomedical engineer training seminars and tuition fees

2. PERIOD OF PERFORMANCE

Dates as specified unless contract award passes these dates. Then the first date of performance will start the day of award.

3. HOURS OF COVERAGE

a. Normal hours of coverage are Monday through Friday from 8:00 a.m. to 5:00 p.m. (MST), excluding the federal holidays listed as follows:

Federal Holidays:

Any other day specifically declared a National Holiday by the President of the United States

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by US Government Agencies.

c. Hardware/software update/upgrade installations will be scheduled and performed at a mutually agreed upon time at no additional charge to the Government to be determined by the COR or designated representatives.

4. PARTS

a. The contractor shall furnish all spare and replacement parts needed to service the equipment. The price of all parts used to perform all scheduled preventive, and unscheduled maintenance shall be included in the coverage. The Government will not pay for any parts provided (during either scheduled or unscheduled maintenance), by the contractor during the period of the medical equipment being covered. Only new standard parts (manufactured by the maker of the equipment, or equal) shall be furnished to maintain the equipment.

5. SERVICE MANUALS/TOOLS/EQUIPMENT

a. The contractor shall provide tools, (test) equipment, service manuals or service diagnostic software. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) necessary to meet the performance requirements and repair of the medical equipment. A reference list of applicable service manuals and their respective locations shall be provided to the Biomedical Engineer upon request.

6. SCHEDULED MAINTENANCE

a. The Contractor shall perform PM Service to ensure that the equipment listed performs in accordance with the original manufacturer’s specifications. Annual PM Service must be completed by December 31st of each year. An outline of the PM schedule and procedures shall be provided to the Biomedical Engineer.

b. The contractor shall provide a written description of the Preventive Maintenance Inspections (PMI). This description shall include an itemized list of the procedures performed, including electrical safety. PM services shall include, but need not be limited to, the following:

i. Cleaning of equipment.

ii. Reviewing operating system software diagnostics to ensure that the system is operating in accordance with the manufacturer's specifications.

iii. Calibrating and lubricating the equipment.

iv. Performing remedial, non-emergent maintenance.

v. Testing and replacing faulty and worn parts and/or parts likely to fail or become faulty or worn.

vi. Inspection and replacement of worn or frayed electrical wiring and cables.

vii. Returning the equipment to the operating condition and mode

viii. Providing documentation of services performed.

c. All service/repairs shall be performed during normal hours of coverage unless requested or approved by the Biomedical Engineer. The only exception is hardware/software update/upgrade installations which shall be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by the Biomedical Engineer). The contractor shall provide software/hardware updates at no charge.

d. All exceptions to the PM schedule shall be arranged and approved in advance with the Point of Contact, or Biomedical Engineer. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). This documentation shall be provided to the Point of Contact at the completion of the PM.

e. Work performed outside the normal hours of coverage, at the request of FSE, shall be considered service during normal hours of coverage and shall be exempt from an extra labor hour charge.

7. UNSCHEDULED MAINTENANCE

a. The contractor shall provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, to include all intervening service calls performed between scheduled services and calibrations. All required parts shall be furnished by the contractor to the VA at no cost. The contractor shall repair the equipment to functional level equivalent to the original manufacturer’s specifications.

b. Only the Biomedical Engineer, Point of Contact, or Contracting Office Representative designated by the CO has the authority to approve/request an unscheduled maintenance service call to the contractor.

c. The contractor's FSE shall respond on-site within twenty-four (24) hours after receipt of request for service. The contractor shall provide parts, if required to effect repair, within 24 hours of diagnosing the problem.

d. There shall be no hourly charge to the Government for unscheduled maintenance performed within the normal hours of coverage, 8:00am MST to 5:00pm MST. Work performed outside the normal hours of coverage, at the request of the Biomedical Engineer, Point of Contact, or Contracting Office Representative, shall be invoiced separately and shall not have service rendered until Purchase Order is obtained. In the event of a Government caused delay, the VA will pay hourly labor charges for unscheduled service the inadvertently extends beyond the specified normal hours of coverage.

8. DOCUMENTATION/REPORTS

a. The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with the specifications. Each Engineer Service Report (ESR) must, at a minimum, document the following data legibly and in complete detail:

i. Name of contractor and contract number

ii. Name of FSE who performed services

iii. Contractor service ESR number/log number

iv. Date, time (starting and ending), equipment downtime and hours on-site for service call.

v. VA purchase order number(s) covering the call if outside normal working hours.

vi. Description of problems reported by the POC/user (if applicable).

vii. Identification of equipment to be serviced:

viii. Inventory ID number

ix. Manufacturer's name, device name, model number & serial number

x. Any other manufacturer's identification numbers.

xi. Itemized Description of Service Performed (including, if applicable, costs associated with after normal working hour services) including:

1. Labor and Travel

2. Parts (with part numbers),

3. Materials and Circuit Location of problem/corrective action.

4. Total Cost to be billed (if applicable - i.e., part(s) not covered or service rendered after normal hours of coverage).

xii. Signatures:

1. FSE performing services described.

2. Authorized VA Employee who witnessed service described.

NOTE: - Any additional charges claimed must be approved by the COR or CO before service is completed

b. The Contractor shall log-in and sign-in with Biomedical Engineering prior to performing any services. The Contractor shall submit any mobile media devices that would be used on a system to Biomedical Engineering for a virus scan prior to beginning work. If the Contractor does not have a VA provided contractor badge, the Contractor will obtain a temporary guest badge from Biomedical Engineering prior to beginning work on-site. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall log-out and sign-out with Biomedical Engineering, return the guest badge, and submit the ESR(s) to the Biomedical Engineer or Point of Contact. All ESRs shall be submitted to the equipment user for an “acceptance signature” and then to the POC for an “authorization signature”. If the POC is unavailable, a signed, authorized copy of the ESR shall be sent to the contractor after the work can be reviewed (if requested or noted on the ESR).

9. OPERATIONAL UPTIME & DOWNTIME – REQUIREMENTS

a. The equipment shall be operable and available for use 95% of the normal hours of coverage as defined under “HOURS OF COVERAGE”. Downtime will be computed from notification of problem during normal coverage hours. Operational uptime will be calculated using month as the basis of calculation. Downtime and Uptime can also be provided based of the equipment record within Biomedical Engineering’s computerized maintenance management system (CMMS).

b. If a product fails to meet the contractors uptime commitment identified on the product schedule during any year of the agreement, the contractor will provide the applicable remedy listed below.

Remedy

Reduction in the amount of the then-current annual charge for the affected product during the following contract year, at the following amounts:

% Less than Uptime Commitment:

.1%-5% 5.1%-10% >10%

Reduction %:

5% 10% 15%

c. Uptime is calculated as follows: (Uptime-downtime)/uptime, with uptime measured as the coverage hours identified on the product schedule (hours per days x days per week x 52 weeks). Downtime is measure as the number of hours the product is inoperable and out of service.

d. Product is considered in service if the customer fails to give the contractor immediate and unencumbered access to it or continues to obtain scans from it after notifying the contractor of product failure. Product is considered out of service if it is unavailable for scanning patients and diagnosing images on the display console or operator’s console.

e. Peripheral equipment (e.g. remote console, magnetic tape drive, hard copy devices, multi-format, laser cameras) are excluded. Services required for anything other than product failure, and damage or inoperability beyond the contractors control, are excluded. The customer is responsible for tracking and calculating uptime. To be eligible for the remedy, the customer must maintain a performance log that includes data required to calculate downtime.

10. PAYMENT

a. Invoices shall be submitted in arrears:

i. Quarterly []

ii. Semi-Annually []

iii. Monthly [X] Monthly in Arrears

iv. Other []

b. The Vendor/Contractor shall prepare each invoice for payment for services rendered under the contract on his/her letterhead. Invoices shall indicate the section or CLIN of the contract under which payment is claimed, the pertinent service performed applied to the total contract amount for the service, and the amount due within the billing period. Payments shall be for 100% of the amount claimed, less than all previous payments.

c. The Vendor/Contractor shall prepare invoices under the terms and conditions specified in the contract. The contractor will submit the invoice via email to the COR //and copy the CO and CS.// The COR will review and approve/deny and send it back to the contractor. If denied, the contractor will correct and resubmit. When approved by the COR (signing electronically), the contractor can then upload the invoice to Tungsten.

d. Vendors have up to 90 days after the period of performance to submit all remaining invoices against the contract. Failure to submit all remaining invoices within this timeframe will result in the forfeiture of any remaining funds on the contract. It is imperative that invoices are submitted on time. Failure to submit invoices within the stipulated time frame may result in delayed payments and could adversely affect the vendor's standing with the VA.

e. Any invoice submitted without meeting all of the above requirements will be rejected. Rejected invoices must be corrected and resubmitted in compliance with these requirements to be considered for payment. Vendors who repeatedly fail to adhere to these invoicing requirements may be subject to penalties, including but not limited to additional administrative reviews, delays in payment processing, and potential impacts on future contract awards.

11. ADDITIONAL CHARGES

a. There will be no additional charge for time spent at the site (during or after the normal coverage areas) awaiting the arrival of additional FSE and/or delivery of parts

12. REPORTING REQUIRED SERVICES BEYOND SERVICE SCOPE

a. The contractor shall immediately, but no later than 24 consecutive hours after discovery, notify the COR or POC, in writing, of the existence or development of any defects in, or repairs required, to the scheduled equipment which, the contractor does not consider his/her responsibility due to “abuse” or “damage” to the equipment. The contractor shall furnish the Government with a written estimate of the cost to make the necessary repairs.

13. ACCEPTANCE OF CONDITION OF EQUIPMENT

a. The contractor accepts responsibility for the equipment covered under this equipment in an “as is” condition. Inspection of the equipment by the contractor shall be done prior to coverage, if required by the contractor.

14. COMPETENCY AND CERTIFICATION OF PERSONNEL SERVICING EQUIPMENT

a. Each respondent must have an established business, with an office and full-time staff. The staff shall include a fully qualified FSE and fully qualified alternate FSE.

b. “Fully Qualified” is based on successful completion of factory training and experience in the field. For training, the FSE shall have successfully completed a formalized training program for the equipment identified in the schedule. For field experience, the FSE(s) shall have a minimum of two years of experience (with the exception of equipment on the market less than two years) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment.

c. The FSEs shall be authorized by the contractor to perform the maintenance services. All work shall be performed by fully qualified competent FSEs. The contractor shall provide copies of all factory certificates for FSEs showing types of equipment and dates of training for all equipment identified to be covered. When deemed appropriate, the COR or Contracting Office Representative reserve the right to prohibit contractor personnel from working on VAMC equipment.

d. It is anticipated that any hospital regulatory inspections (TJC, etc.) will have the vendor providing proof that they meet industry standards of quality, and traceable standards, as used to calibrate this device- system, at the time of the maintenance event.

15. CONTRACTOR TEST EQUIPMENT

a. The contractor shall ensure all contractor supplied test equipment is properly calibrated, and certified. If requested by the COR or POC, the contract shall be able to supply any certificates tied to the quality of the test equipment. Test equipment calibration shall be traceable to a national standard.

16. VA REGULATIONS

a. Contractor employees shall wear visible identification at all times when on premises of the VAMC.

b. Contractor personnel are responsible for parking in appropriate designated personnel. The VA will not be responsible for parking violation incurred by the contractor. Information on parking is available from the VA police station.

c. Smoking is prohibited inside any VA facility.

d. Possession of firearms is prohibited. Enclosed containers, including tool boxes, may be subject to search at the discretion of the VAMC.

17. CONTRACT SECURITY

GENERAL

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subjected to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

b. The contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

c. All contractors, subcontractors, and third-party servicers and associates working with VA information is subjected to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

d. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

e. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

f. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

18. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

· General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300(1) Records Management, VA Directive 1605.03(3) Privacy Compliance and Accountability Program, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

19. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in

b. unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

c. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

d. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

20. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(3) Date of occurrence;

(4) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(5) Number of individuals affected or potentially affected;

(6) Names of individuals or groups affected or potentially affected;

(7) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(8) Amount of time the data has been out of VA control;

(9) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(10) Known misuses of data containing sensitive personal information, if any;

(11) Assessment of the potential harm to the affected individuals;

(12) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(13) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

a. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

21. RECORDS MANAGEMENT OBLIGATIONS

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

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

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] 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, 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. [Agency] 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 [Agency] 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 [Agency]. 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 [Agency] 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 [Agency] 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 [Agency] policy.

8. The Contractor shall not create or maintain any records containing any non-public [Agency] 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 [Agency] 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 [Agency] 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 [Agency]-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. Flowdown 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.

22. OPTION TO EXTEND SERVICES

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 DAYS .