RM Language for Contracts.docx
DOCX document 23 KB Posted
- Solicitation number
- 36C24425Q0553
About this file
The file is a Records Management Language for Contracts document outlining specific requirements for handling government records and information. Key provisions include mandatory compliance with federal records management policies, privacy regulations, and ownership rights of all data and electronic information by the government agency. Contractors are prohibited from creating, retaining, selling, or disseminating records not specifically authorized by the contract, and must obtain prior written consent from the Contracting Officer for any document disposition or subcontractor relationships.
The associated federal contract opportunity is a Service-Disabled Veteran Owned Small Business (SDVOSB) Set-Aside solicitation (36C24425Q0553) for Fire and Smoke Door Repair Services at the Wilkes Barre VA Medical Center. The procurement is issued by the Department of Veterans Affairs Veterans Health Administration, with a NAICS code of 561790 and a business size standard of $9.0 million. Quoters must submit responses via email by May 8, 2025, at 1:00 PM Eastern Time, include past performance information for three similar projects, complete all required certifications, and be registered in the System for Award Management (SAM) database.
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| 36C24425Q0553 0001_1.docx | DOCX document | |
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Text version
Records Management Language for Contracts
1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
1. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
1. The Government Agency owns the rights to all data/records produced as part of this contract.
1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
1. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
Page 1 2/23/2024
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