SOW - 637-21-102 rev.pdf

STATEMENT OF WORK

Project # 637-21-102

REPLACE FIRE AND SMOKE DAMPERS BUILDING 47

ASHEVILLE, NC

SCOPE

Contractor shall be responsible for providing all materials, labor, tools, transportation, supervision, equipment and any incidentals necessary to perform work as described in the construction drawings and specifications to be provided at solicitation. Work includes, but not limited to: complete site preparation for building operations, including demolition and removal of existing structures; furnish labor and materials to perform the removal of the old fire/smoke dampers

(approximately 64), removal of the control air actuator, and installation of new fire dampers

(approximately 66 dampers), in the occupied hospital Building 47 at the Asheville VA Medical Center.

Some dampers will need to be removed and be replaced by straight duct where the fire code no longer requires dampers.

SITE ACCESS

The Contractor shall obtain and monitor assigned security badges, passes, and/or identification (used by prime contractor, designer, and/or subcontractor staff) used during the duration of the Contract. All security badges or passes shall be returned to the COR upon expiration of the badge, upon completion of the project, or when possession of the badge is no longer necessary (e.g., upon removal of contracted personnel from specific projects). The Contractor shall ensure access is authorized to the appropriate construction site and routes/areas required to complete the Contract. All personnel shall comply with Medical Center security rules and procedures.

US Government holidays. When any of the US Government Holidays fall on a non-workday, the holiday will be observed on either the preceding or succeeding workday. The choice of any such preceding or succeeding workday shall be coordinated with the COR and the CO.

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Asheville VA Medical Center:

• New Year’s Day – 1 January

• Martin Luther King’s Birthday – Third Monday in January

• Presidents Day – Third Monday in February

• Memorial Day – Last Monday in May

• Juneteenth/Freedom Day – 19 June

• Independence Day – 4 July

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veterans Day – 11 November

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – 25 December

• Any other Federal Holiday granted by the President of the United States

OTHER CONTRACT REQUIREMENTS

1.1 Basic Requirements

Overall requirements include the efficient management of the Contract, but not limited to, the submission of accurate, on time, and quality contract deliverables, as well as, timely identification and solution of impediments to successful project execution. Technical requirements include, but are not limited to, early involvement in the process to allow for the development of the most cost-effective and technically sound approach or solution. The Asheville Engineering Projects Section will rely on the contractor’s expertise in recognizing and addressing problematic issues and successful execution of this Contract. The Contractor shall perform all work in accordance with federal, state, and local codes, statutes and regulations.

1.2 General Requirements

This section sets forth the general requirements for the Contractor. Contractor and any subcontractor shall possess applicable licensures prior to award of the Contract in order to meet the requirements to perform construction works identified in this Contract and its subsequent attachments.

The Contractor shall comply with all applicable VA Master Construction Specifications, Technical Information Library (TIL), and all other applicable standards/regulations. In the event of conflicting criteria, the Contractor shall notify the Contracting Officer (CO) and seek guidance. The contractor shall be required to perform the requirements contained in any of the Contract attachments, drawings, specifications, exhibits and other documents. The contractor shall follow order of precedence as established in the basic contract clauses 52.215-8, Order of Precedence, and 52.236-21, Specifications and Drawings for Construction, and its Alternate I. Contractors shall not use conflicts between guidance, interpretation of the guidance and order of precedence as a basis for a later request for equitable adjustment. Regulations and standards that may be applicable to the work in this Contract include but are not limited to federal, state, local statutes/regulations; Department of Veteran Affairs instructions, manuals, handbooks, regulations, guidance, and policy letters National Association of Corrosions Engineers (NACE); National Fire Protection Association (NFPA); Steel Structures and Painting Counsel (SSPC); National Electrical Code (NEC); and International Building Code (IBC), including all changes and amendments in effect on the date of issuance of this Contract.

The Contractor shall implement a full-range construction activity as specified in this Contract in accordance with all applicable compliance documents. The Contractor shall be responsible for providing all manpower, equipment, material, services, and transportation necessary to accomplish the work assigned unless otherwise specified in the Contract and its attachments. The Contractor shall perform management, planning, and performance reporting to effectively secure and monitor prime and subcontract work. At a minimum, Contractor shall provide weekly status reports to the Contracting Officer (CO) and Contracting Officer Representative

(COR).

1.3 Project Management Plan (PMP)

The Contractor shall prepare and submit for approval a Project Management Plan (PMP) for the Contract within sixty 60 Calendar Days of issuance of Submittal NTP. The PMP shall include, but is not limited to, the following;

Project Phasing Plan, Project Schedule/Milestone Chart, Document Control Plan, Area Use Plan, Contractor’s Quality Control Plan, Construction Security Plan, Testing and Commissioning Plan, Environmental Protect Plan, Demolition Debris/Construction Waste Management Plan, and Project Organization POC Chart. The Contractor shall develop the schedule utilizing the Critical Path Method (CPM), plan and schedule demonstrating fulfillment of the contract requirements (Project Schedule) and shall keep the Project Schedule up-to-date in accordance with the requirements of this section and shall utilize the plan for scheduling, coordinating and monitoring work under this contract (including all activities of subcontractors, equipment vendors and suppliers). Conventional Critical Path Method (CPM) technique shall be utilized to satisfy both time and cost applications.

1.4 Project Schedule

The Contractor shall be responsible for the development, maintenance and implementation of a detailed Project Schedule. The Contractor Project Schedule (CPS) shall indicate detailed activities for the projected life of the project. The CPS shall consist of detailed activities and their restraining relationships. It will also detail manpower usage throughout project. The contractor shall utilize the Critical Path Method as detailed in the applicable specification section. The project schedule shall show all task requirements and shall follow the WBS for the Contract. The project schedule shall include all major pre-construction activities in order to receive construction Notice to Proceed (NTP) (all preconstruction deliverables), all major price/schedule drivers, such as validation of existing conditions, major material submittals and/or long lead-time items, abatement, transportation, work plans, major demolition/construction tasks, training, meetings and project close-out. The contractor shall allow time in the schedule for 10 calendar days from time of award for the pre-construction meeting to occur. In addition, the schedule shall be submitted in a Gantt chart format as a PDF file for the purpose of presentations, meetings and discussions. The project schedule shall show deliverable milestones and critical paths for project and shall be used for tracking work progress towards achieving milestones. Updates to the project schedule shall be made, as required, throughout the project period of performance (PoP). These updates shall show actual progress relative to the approved project schedule. Schedule updates showing activity extending beyond the PoP are not an extension of the PoP. PoP extensions will only be granted through contract modifications issued by the CO. The project schedule and subsequent progress updates shall depict projected percent complete and actual percent complete for the Contract.

1.5 Contractor Quality Control Plan

The Contractor shall be responsible for the development, maintenance and implementation of a CQC Plan to implement all requirements of the Contract. The plan shall be submitted at time of Proposal. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. At a minimum, the plan shall contain the following, construction operations, both on-site and off-site, including work by subcontractors, consultants, architect/engineers (AE), fabricators, suppliers, and purchasing agents. The plan shall detail the contractor’s approach to ensuring that all contract deliverables conform to the requirements of the contract and its attachments.

1.6 Work Breakdown Structure (WBS)

The Contractor shall prepare and submit for approval a WBS. The WBS shall be used for project planning and to report the schedule status for the Contract. A narrative description of all task activities shall be included. All required tasks shall be included in the WBS per the scheduling specification.

1.7 Area Use Plan

The Contractor shall submit for Government, within five calendar days of the on-site Pre-Construction Conference, an Area Use Plan designating intended use of all areas within the project boundaries. This plan shall include, but not necessarily be limited to, the following: the proposed location and dimensions of any area to be fenced and used by the Contractor; construction plant and building installations/the number of trailers and facilities to be used; avenues of ingress/egress to the fenced areas and details of the fence installation; drawings showing temporary electrical installations; temporary water and sewage disposal installations; material storage areas; hazardous storage areas. Any areas which may have to be graveled shall also be identified. The plan shall also include a narrative description of the building structural system, the site utility system; and the office or administration facilities. The Contractor shall also indicate if the use of a supplemental or other staging area is desired. The Contractor shall not begin construction of the mobilization facilities prior to approval of the Area Use Plan.

1.8 Environmental Protection

The Contractor shall be responsible for the development, maintenance and implementation of activities in a manner that protects existing site utilities (including underground), structures, surface features (including roads), service operations, and the general site environment. This includes the protection of trees, shrubs, and other vegetation not in the affected zone from damage, soil compaction, and physical contact with machines and equipment. The Contractor shall repair or replace any damaged items at no additional cost. Repairs must match existing conditions. If appropriate, the Contractor shall conserve uncontaminated topsoil by removal, storage, or redistribution. All reasonable measures shall be taken to minimize and suppress fugitive emissions of dust, vapors, and other site materials during site work. All fill materials shall be non-contaminated. The Contractor shall conduct operations and activities with the intent of reducing the amount of pollution generated. Specific areas to be focused on are generation of solid waste, use of hazardous materials, use of ozone depleting substances, generation of hazardous waste, and use of energy and water. The Contractor shall plan, construct, operate, maintain, optimize, and commission systems necessary to control storm water run-on and run-off; and transport surface water drainage to a treatment plant, discharge location, or other destination. Project information pertaining to hazardous materials abatement is detailed in Spec Section 02 82 11 Traditional Asbestos Abatement. The Contractor shall obtain all environmental permits required to successfully perform this contract.

1.9 Waste Management/Demolition Debris Management Plan

The Contractor shall be responsible for the development, maintenance and implementation a written demolition debris management plan. The plan shall include the requirements defined in 01 74 19 (initial and monthly deliverable).

1.10 Permits, Licensing, Certifications, Notifications & Requests.

The Contractor shall be responsible for the ensure that all trades performed under this contract possess the necessary licenses for the performance of works. The Contractor shall be responsible for submitting associated evidence, as required by this contract and/or attachments, of any and all required Permits, Licensures and Certifications. The Contractor shall also be responsible for providing timely notifications as required and submitting any and all requests within the time constraints defined by this contract and its attachments. See Section 5.0 and attached specification for additional details.

1.11 Tuberculosis Screening

Contractor shall provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculosis screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors shall be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

1.12 Documentation/Daily Logs

The Contractor shall maintain daily log documenting the activity each day during construction for the Contract. The logbook shall document people entering and leaving the construction site, discussions held, issues identified, actions needed, resolutions reached, and other pertinent information. The logbooks shall be kept on-site at all times. Copies of the logbooks shall be submitted to the Government at the conclusion of the project.

1.13 Reports - Progress/Status Reporting

The Contractor shall provide bi-weekly Progress Reports for the Contract. Monthly Progress Reports shall be submitted NLT the 15th calendar day of the following month and shall contain information about contract, contract performance, schedule, and deliverables. The Progress Reports shall also describe progress of activities necessary to achieve the project objectives and shall contain a description of activities accomplished during the month, activities forecasted for the future months, and problems and issues associated with the performance of the SOR. The biweekly and monthly report shall be used to review and evaluate the overall progress of the project, along with any existing or potential problem areas. The report shall include a summary of the events that occurred during the reporting period, discussion of performance, identification of problems, proposed solutions, corrective actions taken and outstanding issues. The progress report shall depict projected percent complete and actual percent complete for the Contract.

1.14 Material and Data Submittals

The Contractor shall manage submittals for the Contract in accordance with this Statement of Work. Additional requirements are in Annex D (Submittal Procedures). The number of copies specified in the Contract is for both hard copies and electronic media copies. All submittals requiring approval will be reviewed and approved by the CO within 30 calendar days of submission. Government review includes review and recommendations from the government’s representatives and/or the government’s agents/contractors. The Contractor shall send all deliverables and/or submittals, weekly status progress reports, Pre-Final and Final Inspection Requests, and Contractor’s posted website address to the CO, Contract Specialist (CS), and Contracting Officer’s Representative (COR). Additionally, all Contractor deliverables/submittals shall be posted on the Contractor’s website.

1.15 Submittal Register

The Contractor shall create and maintain a submittal register for the Contract. The submittal register shall be incorporated into the Project Website.

1.16 Master Document List (MDL)

The Contractor shall create and maintain an MDL for this Contract that includes all documents, whether the documents are a deliverable or not, which are prepared during the course of the Contract. The MDL also shall contain the PMP, material and data submittal register, contract progress/status reports, and daily QC construction log documentation. The MDL and its documents shall be maintained in libraries readily available for submittal to the government.

1.17 Request for Information (RFI)

The Contractor shall use the RFI process to ascertain the government’s intent and/or clarifications applicable to scope, drawings, specifications, and/or other contract documents. The Contractor shall identify the specific issue, applicable circumstances, proposed solutions, and a date by when a decision is requested to the COR. The COR shall provide a recommendation to the CO for approval. The Contractor will not be authorized to move forward regarding the issue(s) related to the RFI until formal direction is provided, in writing, by the CO or COR.

1.18 Project Website

The Contractor shall establish a project website with real-time worldwide access available to the government within 15 days after Notice to Proceed (NTP). The website shall include, but not be limited to, a submittal tracker/register, an RFI tracker, a Contract and Contract Modification Tracker, a photo log, the project schedule, daily logs, and project progress and status reports, and correspondence. It shall provide a means to post by the Contractor and to post by the government and its identified key personnel, to include but not limited to, the Contracting Officer, Contracting Officer Representative, Projects Manager, Industrial Hygienist. Documents or other materials posted on the site may not be deleted without CO approval. The Contractor shall submit a complete digital archive of the site to the CO for project closeout. Hard copies (one copy of each) submitted to the Contracting Office shall be in letter size, six-section classification folders, earth red color with 2 inch capacity fasteners two hole punch at the top of the folder and tab dividers. All documents will be submitted in hard copy with appropriate numbering for easy identification. More than one submittal may be sent in one folder, however, they must contain similar submittal types each folder (i.e, material submittals in one folder, meeting minutes in one folder, requests for information in one folder). Hard copies shall be mailed on a bi-weekly basis at a minimum. The folders shall be filled to capacity. There shall be no markings or labels on the outside of the folders. An index shall be provided in each folder stating what the folder contains. The Website shall also notify via email all applicable personnel of any changes to its project content (i.e. Uploads, Submittal submission coordination status such as submitted, resubmitted, approvals, denials, deletions, etc..) for the purposes of efficient information notification and completion of action items by either party.

1.19 Meetings and Conferences

The Contractor shall attend and support meetings and teleconferences to discuss technical requirements, issues, and project progress and status as required. The Contractor shall prepare, and submit for review, presentation materials for meetings and an agenda. The Contractor shall be responsible for taking meeting minutes prepare and submit minutes for all meetings attended no later than 3 business days after the meeting has occurred. The minutes shall be sent to the Contracting Officer and COR for coordination and approval prior to distribution.

1.20 Progress Meetings

The Contractor shall perform Progress Meetings after contract award. These meetings will include the COR, CO, Project Manager, CQC System Manager, Site superintendent, Quality Assurance Surveillance Contractors, and other relevant personnel on an as needed basis. During construction, Progress Meetings shall be held bi-monthly. These meetings shall cover the progress made in the past period and shall include any pertinent issues which could affect future Contract progress/performance. The Contractor shall record and provide meeting minutes for all meetings. The following items shall be covered, at a minimum: Attendees and contact information; project percent complete (Actual and Scheduled); RFI’s and statuses; submittals and statuses; three-week look ahead; Project Schedule; safety; resolution of existing issues; New Business.

2.0 GOVERNMENT-FURNISHED INFORMATION, EQUIPMENT, AND PROPERTY (GFI, GFE, AND

GFP)

2.1 GFE and GFP

Any GFP to be provided under this contract are reflected in the attached drawings. The Contractor shall be responsible for the acceptance of GFP. The Contractor Shall notify the COR in writing, 60 days in advance, of date on which Contractor will be prepared to receive any property and/or equipment furnished by Government. Arrangements will then be made by the Government for delivery of GFE/GFP. The Contractor shall be responsible for creating and maintaining an itemized log of any GFE/GFP in which the Government provides to the Contractor over the duration of this contract.

2.2 GFI

Refer to the drawings, specifications, and other pertinent documents and attachments. The Offices of Specialized Engineering Solutions as architect-engineers, will render certain technical services during construction. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government. Management, planning, and reporting requirements

2.3 Construction

Upon issuance of the Construction Notice To Proceed (NTP) by the CO, the Contractor may commence on-site construction activities. The Contractor shall provide the manpower, equipment, material, services, and transportation, and other incidental related services, necessary to review, plan, develop, and implement quality control and oversight services during the construction phase of the Contract. Details regarding construction management requirements, inspection and testing, construction facilities and temporary controls, environmental protection, quality control system, construction quality control, and project closeout will be provided at the pre-construction conference. The Contractor shall perform construction, restoration, emergency response, repair, enhancement, maintenance, modernization, and demolition of facilities, utilities, real property systems, and infrastructure systems in support of construction, furniture, fixtures and equipment, and engineering requirements as specified in this Contract. Shop drawings and other submittals that require approval shall be signed/approved by the CO prior to actual work placement of submitted elements. Construction activities shall be in conformance with local and Veteran Affairs standards and regulations. The Contractor shall coordinate, cooperate, and assist the Government in deconflicting field activities from those of other Contractors outside the main construction sites.

2.4 Activities Coordination

The Contractor shall coordinate worksite activities with applicable personnel to ensure the protection of human health and the environment; the prevention of damage to property, utilities, materials, supplies, and equipment;

and the avoidance of work interruptions. The Contractor shall provide physical security to work areas with security equipment and personnel. The Contractor must comply with Occupational Safety and Health Administration (OSHA) safety and health regulations, local national safety and health laws and regulations, local safety office requirements. The Contractor is required to provide copies of OSHA and all other applicable safety and health reports submitted during the duration of the Contract.

2.5 Notification Requirements

The Contractor is required to notify the CO and COR of critical issues that may affect the contract performance and/or human health and the environment. The types of issues that require notification include, but are not limited to, health risks, spills, unexpected utility crossings, unusual weather conditions, unacceptable materials, changes in critical personnel, unforeseen hazardous material. On critical issues, verbal notification shall be made immediately followed by written notification as soon as practical. For critical issues pertaining to human health and the environment, the Contractor shall immediately notify the CO and stop work. Work shall only resume at the direction of the CO following resolution of the issue.

2.6 Pre-Final Inspection

The Contractor shall conduct a pre-final walk through inspection and publish the pre-final inspection findings in a pre-final inspection report in accordance with the format specified at the pre-construction conference and defined in the Contract.

2.7 Final Inspection

The Contractor shall conduct a final acceptance inspection and publish the findings in a final inspection report in accordance with the format specified at the pre-construction conference and defined in this Contract. The inspection shall concentrate on the items identified at the pre-final inspection and recorded in the pre-final report. The final inspection report shall certify that all items of the design have been implemented and that the construction is complete. At the final inspection, the Contractor shall present a Certificate of Occupancy or equivalent.

2.8 Delivery and Warranty

The Contractor shall complete all inspection and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246-21, Warranty of Construction. Extended warranties offered by the Contractor and its subcontractors or suppliers may be accepted at the government’s discretion. The Contractor shall provide system Operations and Maintenance (O&M) manuals, parts list, and spare parts to the government and train maintenance personnel in system operations prior to delivery to the government. O&M manuals shall be part of an O&M plan developed by the Contractor for the O&M of all systems and facilities.

2.9 As-Built Documentation

The Contractor shall maintain, prepare, and deliver to the Government and its AE Partner final record of redlined drawings showing As-Built & approved/required deviations for the drawings supplied by this contract. Delivery of As-Built documentation is required at Final Acceptance Inspection and shall occur prior to final payment.

3.0 Hours of Work

The normal hours of work on installations are from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Construction hours of work and access to work sites are from 7:30 a.m. to 4:30 p.m., Saturday through Thursday, excluding holidays. For work during other than these hours of work, the Contractor shall submit, in writing, for the Contracting Officer's approval, a notice of any period of scheduled work other than the normal hours of work specified above. This notice shall be submitted not less than two weeks prior to each period of work scheduled at times other than normal hours of work including holidays. US Government holidays. When any of the US Government Holidays fall on a non-work day, the holiday will be observed on either the preceding or succeeding workday. The choice of any such preceding or succeeding workday shall be coordinated with the COR and the CO.

4.0 Compliance With Emergency Management Directives

Contractors shall comply with all safety directives and emergency management instructions as directed by the local VA Medical Center site specific policies & procedures, Local Construction Handbook, and any subsequent updates to the handbook directed by policy or law. These directives are to ensure preparedness and safety of all personnel doing business on the VA Medical Center property. Notifications of “Exercise” and Real-World events are typically made via a Public Address/Giant Voice Systems. The contractor shall responsible for the participation of their on-site employees and reasonably respond to these announcements in the safest means practicable. All employees of the contract are required to participate in mandatory required facility exercises to meet facility accreditation and compliance. The timeframe for these exercises are typically short. Examples include, but not limited, Active Shooter/Active Threat, Tornado, Bomb Threat and Fire Drills. The contractor/subcontractor employees shall be required to respond to any VA Medical Center Drill as if it were a real-world emergency/threat. All employees of the contractor/subcontractor shall participate in preparations for all VAMC Safety or Emergency Management as directed. All hazards, events, and disasters including inclement weather, earthquakes, mandatory evacuations and also includes site safety and preparations for visits by high profile VIP’s.

5.0 Severe weather

During Forecasted Severe Weather Events, Contractors will be expected to take all precautions necessary, and are required to secure or remove any loose items that may become projectiles, especially any material or equipment stored on elevated levels. Contractors will be required to perform the following when requested by the VA (as needed according to the type of severe weather event) -

• A survey of your areas to determine the potential exposure to high winds and flooding. Identify areas in need of protection, material removal, etc.

• Examine structures or materials covered with tarps to ensure they will remain standing in a storm.

The wind can fill a tarp and cause it to pull down materials or structures.

• Examine any materials stored in your laydown area and secure as needed. The Laydown area onsite may be prone to flooding, recommend anything of value to be removed.

• Dumpster removal.

• Porta-John removal.

• Scaffolding removal.

• Removal of any ladders, trailers, temporary structures, or other items that could become a projectile.

• Removal of any materials, supplies, or tools that are stored on rooftops.

Removal of any materials identified by the VA that could become a hazard during severe weather

6.0 COVID SCREENING (IF REQUIRED)

Contractor shall submit to COVID screening daily in accordance with National VA policy when onsite or entering buildings when required by the VA. This will be coordinated with the COR before arrival at any

VA facility.

7.0 INFLUENZA VACCINE

All contractors shall receive annual seasonal Influenza vaccinations and the GC is responsible for maintaining the required paperwork on site and must provide when requested by VA personnel.

8.0 TUBERCULOSIS SCREENING

Contractor shall provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculosis screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors shall be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

9.0 NICOTINE FREE CAMPUS EFFECTIVE 1 OCT 2019

As part of the U.S. Department of Veterans Affairs’ (VA) commitment to provide excellent health care for Veterans, the department will implement a new policy restricting smoking by patients, visitors, volunteers, contractors and vendors at its health care facilities by October. VHA’s new smoke-free policy applies to cigarettes, cigars, pipes, any other combustion of tobacco and non-Federal Drug Administration approved electronic nicotine delivery systems (ENDS), including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

10.0 COMPLIANCE

Compliance Awareness Training shall be completed by vendor prior to access at the Charles George VA

Medical Center (CGVAMC). Vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.

11.0 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 CGVAMC Clinic records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their CGVAMC 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. The CGVAMC 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 the CGVAMC 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 CGVAMC. 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. 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

CGVAMC 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. 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 CGVAMC 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 CGVAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public Charles

George VAMC 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 CGVAMC 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 the Charles

George VAMC 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 CGVAMC-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, 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.