PWS Elevator inspection contract 2027.pdf

PERFORMANCE WORK STATEMENT

1. TITLE: CATEGORY 1 & 5 INSPECTION AND CERTIFICATION OF THE VERTICAL LIFT

SYSTEM (VLS)

2. BACKGROUND: The VLS at VA Sierra Nevada Healthcare System (VASNHCS) requires periodic testing and inspection from third party entities to ensure that the elevators and/or cart lift remain in compliance and up-to-code as per the American National Standards Institute and American Society of Mechanical Engineers (ANSI/ASME) Safety Code requirements, the manufacturer’s recommendations, the Elevator Industry Field Employees’ Safety Handbook, National Electric Code, and all other applicable laws, regulations, rules, ordinances, codes, etc., listed for each VLS at VASNHCS.

3. DESCRIPTION AND SCOPE OF WORK: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the annual Category 1 (CAT 1) & Category 5 (CAT-5) 5-year load Elevator Inspection and Certification Services for VASNHCS in this performance work statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

a. Place of work and period of performance: VASNHCS, 975 Kirman Avenue, Reno, NV 89502.

b. Normal work hours for contractor work shall be performed Monday thru Friday, 0800-1530 (8:00am – 3:30pm), excluding Federal holidays. Some inspections/testing may be conducted before or after hours as noted in this PWS (Section 8.7, Vertical Lift Systems) to minimize impact to patient care and hospital operation. Note: This will be at no additional cost to the government, unless the contractor is required to return for a reinspection, outside the PWS.

c. The contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this contract and shall comply with all current, applicable federal, state, local laws, ASME 17.1, ASME 17.2, ASME 17.3, ASME 17.5, National Fire Protection Association (NFPA) 70.

d. Will be escorted through the facility by a VA staff member.

4. DELIVERABLES SCHEDULE

a. The base period of performance shall be January 1, 2027, through December 31, 2027, with four one-year option periods through December 31, 2031.

1. Base Year: January 1, 2027 – December 31, 2027

2. Option Year 1: January 1, 2028 – December 31, 2028

3. Option Year 2: January 1, 2029 – December 31, 2029

4. Option Year 3: January 1, 2030 – December 31, 2030

5. Option Year 4: January 1, 2031 – December 31, 2031

5. CONTRACTOR RESOURCE REQUIREMENTS & QUALIFICATIONS

Qualifications of Contractor Inspectors:

a. The inspectors provided by the contractor under this contract are “key personnel” and no substitutions of inspectors may be made without prior approval of the Government. All contractor inspectors working under this contract must possess current ASME-QEI certification and any other requirements as per the State of Nevada Department of Business and Industry Division of Industrial Relations Mechanical Compliance Section, with at least five years of experience as a certified elevator inspector.

b. The inspector must provide a copy of a current certificate and licenses before the inspector begins each inspection under this contract.

Inspections and Tests:

a. Safety Inspections: The contractor will provide a qualified elevator inspector (QEI) and will inspect no-load, full-load, and special tests as required by A17.1 and A17.2, which shall be conducted by the elevator maintenance contractor for the respective facilities. The tests shall include but not be limited to the annual and 5-year tests as required by A17.1. The Certification of Elevator Inspection shall be used to document the certification of the elevators. Inspection regulations, requirements, and forms should comply with the State of Nevada Department of Business & Industry requirements as noted per (http://dir.nv.gov/MCS/Home/). The current elevator maintenance company contracted by VASNHCS will provide an elevator technician and weights as required for all inspections.

b. Maintenance Inspections: The annual maintenance inspections shall be performed by the contractor on each listed piece of equipment on paragraph 11. The Elevator Inspection Report shall be used to document the results of each inspection. In addition to using the standards in the A17.1 and A17.2 Codes, the inspection contractor shall assure that the maintenance contractor’s preventative maintenance check charts are up-to-date, correctly annotated, and shall inspect the elevator equipment for evidence of proper maintenance, adjustment, and repair. Deficiencies shall be recorded in the remarks area of the inspection form.

c. Elevator Inspection Schedules: To minimize interruption of or interference with Government business, the contractor shall arrange a specific time and date for each inspection visit with the COR at least three weeks in advance of such scheduled inspection. Unless otherwise directed by the COR, all work under the contract shall be performed during regular working hours/regular working days 8:00 am to 3:30 pm, Monday through Friday, (excluding Federal holidays). If the COR authorizes inspections to occur outside of regular working hours/regular working days to minimize interruption of or interference with Government business, such work shall be done at scheduled pricing at no additional cost to the Government. (This is usually for the single elevators/cart lift – P1, P5, P8, P13, P14, P15, T-1). During the term of this contract, VLS may be added or deleted from this contract as equipment is replaced, added, or removed from service at the facilities. The contractor shall provide a new quote reflecting the change in requirement (i.e., increase or decrease of cost). Any such change shall be reflected in a written modification to this contract, signed by the contractor and Contracting Officer (CO).

d. Emergency Conditions: Any condition found affecting the immediate safety of passengers or elevator equipment shall be reported immediately to the Contracting Officer Representative

(COR) or designated representative. Within 24 hours, a written report clearly listing the defects found and the recommended corrective action shall be submitted to the COR.

e. Coordination with COR: Upon completion of each inspection, the inspection contractor shall obtain the signature of the COR or designated representative on the Elevator Inspection Report. This report may be handwritten at the time of the inspection but must be submitted in typed format within two weeks of the inspection. During the annual routine inspections, the inspector shall have prepared the Certificate of Elevator Inspection and shall furnish the signed certificate to the COR. The contracted inspector shall meet with the COR or designated representative at the start of each inspection visit to review the status of the elevator system. The COR or designated representative will provide all necessary elevator maintenance documentation to the inspector for use during the inspection visit. The inspection contractor shall meet with the COR or designated representative after the inspection, to present findings. The inspector shall detail any problem areas encountered, and present recommended solutions to the problem, if any.

f. Frequency Inspection Requirements:

i. Annual: To be completed +/- 30 days from last completed. (i.e., April 15, 2027. No sooner than the 30 days prior to and no later than 30 days after April 15, 2027).

ii. 5-Year Load: Shall follow the +/- 45-day time frames. (i.e., April 15, 2027. No sooner than the 45 days prior to and no later than 45 days after April 15, 2027).

6. PERFORMANCE STANDARDS AND QUALITY ASSURANCE

Standards: All safety inspections and tests shall be made in accordance with the latest revised edition of the following:

a. ASME A17.1 - Safety Code for Elevators and Escalators

b. ASME A17.2 – Inspector’s Guide for Inspection of Elevators, Escalators, and Moving Walks

c. ASME A17.3 – Safety Code for Existing Elevators and Escalators

d. ASME A17.5 – Elevator and Escalator Electrical Equipment

e. NFPA 70 – National Electrical Code

f. Applicable Federal, State, Local, and manufacturer codes and requirements

7. GOVERNMENT REPRESENTATIVE, SUPPORT, REPORTING AND COMMUNICATIONS

a. All services under the contract shall be performed during regular working hours/regular working days 8:00 am through 3:30 pm, Monday through Friday, (excluding Federal holidays). Contractors may work outside normal business hours by arrangement with the COR if such services are provided without additional charge to the government, or if after-hours service is a service covered under the contractor’s maintenance agreement.

Contractor may also work outside of normal business hours if a request for services outside of the scope of this contract is coordinated with the COR.

b. VASNHCS COR will work with the service contractor to provide a designated area for the purpose of servicing the vertical lift systems listed in Section 8.7. In most cases work will be performed in the area where the equipment is used for patient care

8. GENERAL

8.1 Qualifications of Contractor Inspectors:

a. The inspectors provided by the contractor under this contract are “key personnel” and no substitutions of inspectors may be made without prior approval of the Government. All contractor inspectors working under this contract must possess current ASME-QEI certification and any other requirements as per the State of Nevada Department of Business and Industry Division of Industrial Relations Mechanical Compliance Section, with at least five years of experience as a certified elevator inspector.

b. The inspector must provide a copy of a current certificate and licenses before the inspector begins each inspection under this contract.

8.2 Compliance/Contract Monitoring: The contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The contractor shall be responsible for injury to its employees or others, as well as for any damage to personal, government, or public property that occurs during the performance of the contract that is caused by the fault or negligence of the contractor or its employees. The contractor shall not be held liable for damage to equipment if such damage occurs during the performance of a required equipment test and is not caused by the fault or negligence of the contractor or its employees. The COR (or designated representative) shall monitor work done by the contractor to ensure that all services called for under this contract have been satisfactorily performed.

8.3 Government Re-inspections and Tests:

a. All inspections and other services shall be subject to re-inspection, examination, and test by Government inspectors during the course of the work and any place where such work is being carried on. The Government shall have the right to reject defective inspections or reports. Rejected items shall be satisfactorily corrected and/or replaced without additional expense to the Government.

b. Any VLS that requires to be repaired shall be noted on the inspection report. If the VLS can be repaired while the inspection team is still on site, the VLS shall be re-inspected at no additional cost to the Government.

c. In case of failure by the inspection contractor to comply with the scheduled frequency prescribed for the performance of any part of its work, or if any operation is omitted on any occasion when scheduled for performance, the attention of the contractor shall be called to this failure or omission and the contractor will be required by the COR to perform the omitted operation. If the contractor does not comply with the required performance within such time as the COR deems to be reasonable, the work will be performed by others and the cost of the work will be deducted from any money due or which may become due the contractor under this contract.

d. Any reinspection that will be conducted after the repair of the elevator and/or cart lift (and outside of the initial scheduled inspection), may be paid with a purchase order, so long as the service cost does not exceed the current micro-purchase threshold rate. If the cost to reinspect the VLS will exceed the micro-purchase threshold, a modification to the contract may be required upon approval of the CO.

e. Any special inspections or testings required that is outside of the normal CAT 1 or inspection, as noted in this PWS, may only be conducted after a quote/proposal and a purchase order or modification to the contract.

8.4 Inspection and Test Reports:

a. Schedule of Reports:

b. Distribution of Reports, Inspection Certificates, and Permit to Operate: Reports, certificates, and permits (including the Permit to Operate) will be prepared and submitted in original and one copy no later than 14 working days following the inspection for VASNHCS. This can be either emailed or hard copy mailed/hand delivered to the COR.

8.5 Safety Requirements:

a. The contractor shall adhere to OSHA 10, CFR 1910.

b. The contractor shall be responsible for using appropriate PPE when required by OSHA and VASNHCS.

8.6 Quality Performance Standard

a. Elevator inspectors and consultants shall be certified by an organization accredited by the American Society of Mechanical Engineers Qualifications for Elevator Inspectors Committee in accordance with the requirements set forth in the Standard for the Qualification of Elevator Inspectors, ASME QEI-1 and be recognized by the authority having jurisdiction. In addition, inspectors and/or consultants shall have a minimum of five years practical field experience in the vertical transportation industry at the journeyman level. A professional engineering license is considered journeyman level provided the engineer has five years’ experience in the elevator field. All offers must include documentation and proof of the above certifications and qualifications.

Submission Due Date

Finding of Emergency Condition Immediately, verbally

Written report within 24 hours

Failure of Inspection Immediately, verbally

Within 48 hours, written report

Inspection Report

Within 2 weeks of inspection

Written report

Certificate of Elevator Inspections Within 2 weeks of inspection

Written report

Elevator Testing Report Within 2 weeks of inspection

Permit to Operate

Within 2 weeks of inspection

b. Pursuant to ANSI/ASME A17.1 Section 1000, ASME A17.2, ASME A17.3 the Contractor must provide proof of a valid QE-1 certification. A copy of this certificate must be provided with proposal. A copy of the Inspector’s QEI credentials shall be current and provided to the COR. Credentials shall be kept on file in the Facilities Elevator Inspection File at each Facilities Management Office location.

c. Inspectors and/or consultants shall be able to communicate effectively both orally and in writing and possess the skills necessary to prepare professionally written comprehensive narrative reports, specifications, and cost estimates.

8.7 VASNHCS Vertical Lift System:

Elevator

Bldg. # Type Make Product Name

Serial # Machine Type

Landings Last CAT 1 Inspection

Last CAT 5 Inspection

P1 1A Passenger Otis MLS- Control

371039 Geared 3

3-27-

11-12-19

P2 1 Passenger Dover COLL-

DOVR

C-27938 Geared 6 3-30-

5-4-21

P3 1 Service Dover COLL-

DOVR

C-27939 Geared 6 3-30-

5-4-21

P4 1 Passenger Dover COLL-

DOVR

C-27940 Geared 6 3-30-

5-4-21

P5- Kitchen

1 Service U.S.

Elevator

TAC 50 812424 Geared 3 3-28-

2-3-21

P8 5 Passenger Schindler M/P-

SCHD

SMG1131583 Hydraulic 3 3-27-

11-14-19

P9 1D Passenger Otis TAC 50 812423 Geared 5 3-28-

2-10-21

P10 1D Passenger Otis TAC 50 812424 Geared 5 3-28-

2-10-21

P11 12 Passenger Northern Elevator

SWIFT-

GRD

8531 Geared 6 3-27-

11-15-19

P12 12 Passenger Northern Elevator

SWIFT-

GRD

8532 Geared 6 3-27-

11-15-19

P13 6 Passenger Thyssen Krupp

TAC 20 EBV032 Hydraulic 2 3-28-

11-12-19

P14 Parking Garage

Passenger Otis LVM- 2110L

481482 Hydraulic

2 3-30-

11-12-19

P15 New Garage

Passenger Schindler M-4315-01 Hydraulic 4 3-28-

6-25-20

S6 1D Service Otis TAC 50 812421 Geared 3 3-29-

2-9-21

S7 1D Service Otis TAC 50 812422 Geared 3 3-29-

2-4-21

S8 1 Service Northern TAC 50 8534 Geared 6 3-27-

2-9-21

S9 1 Service Northern SWIFT-

GRD

8533 Geared 6 3-27-

2-4-21

T1/Cart lift

1D Service Hydraulic Innovation

Double/B 906184 Hydraulic 2 3-28-

2-3-21

9. INSURANCE/WARRANTIES

a. The expectation is that the service contractor will provide the industry standard 90-day warranty for repairs/services.

11. 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, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

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

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

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

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

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

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

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

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

l. For service that involves 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 COR.

12. SECURITY INCIDENT INVESTIGATION

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

b. 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.

c. 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.

d. 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 violations 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.

13. 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:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

(5) 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;

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

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

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

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

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

(11) 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.

d. 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 $37.50 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 may incur to repair falsified or damaged credit records, histories, or financial affairs.

14. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

b. The contractor shall provide the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

15. 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 VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

c. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

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. Chapters. 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. The VA Southern Nevada Health Care System (VASNHCS) 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 VASNHCS 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 VASNHCS. 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 documents. 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 are 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 are no longer required, it shall be returned to VASNHCS 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 documents.

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 VASNHCS 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 VASNHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public VASNHCS 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. VASNHCS 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 VASNHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

d. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract documents, 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.