SOW -.pdf

James A. Haley VA Hospital Replace AHUs 22 and 23

673-21-152

STATEMENT OF WORK

Replace AHUs 22 and 23

673-21-152 POP ends 180 days after NTP

I. SCOPE OF WORK:

A. Executive Summary: Furnish all necessary professional services, equipment, labor, materials, supervision, tools, testing, and specialty services to perform the NRM Project # 673-21-152, " Replace AHUs 22 and 23” at the James A. Haley VA Hospital, located at 13000 Bruce B. Downs Boulevard, Tampa, Florida, 33612. The work includes, but is not limited to site investigation, installation, minor architectural, structural, mechanical, plumbing, electrical, construction and installation of the Air

Handling Unit system as designed, in the hospital area identified in the project documents and this SOW. The Construction Team (to include subcontractors) performing under this contract, shall perform its services consistent with the professional skill and care ordinarily provided contractors practicing in the same or similar locality under the same or similar circumstances. The Construction Team shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. It is the responsibility of the Construction Contractor to review any applicable existing drawings to verify the existing conditions and thoroughly review the A/E new project construction drawings and specifications at the beginning of the project, to identify any project performance issues up front and avoid delays.

B. Project Description: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for Replace

AHUs 22 and 23 as required by drawings and specifications. The project shall include, but not be limited to the following:

SITE INVESTIGATION:

Construction Team shall conduct a site survey of the project area to ensure that the design is feasible and without any major obstacles.

Available existing drawings and project drawings are available to the

Construction Team, but field verification by the Construction Team must be completed to verify existing site conditions and to collect data as

673-21-152 required for installation development work to ensure successful completion.

PROJECT PHASING:

This project requires the Construction Team to engage with in-depth discussion and phase planning to keep hospital operations going when AHUs 22 and 23 is offline. This project shall include phasing to minimally impact the patient care and existing facility shutdowns. Supplying temporary HVAC to the affected area during any outage is imperative and is required. The Emergency

Service must be able to operate at an acceptable and environmentally safe level for our patients. The contractor shall be required to perform construction operations during time frames approved by the hospital.

Ultimately, the precise sequence will be determined in collaboration with the

Construction contractor and consultations among the hospital staff, facilities personnel, contractor, and architect which will be arranged by the C.O.R.

ASBESTOS:

Asbestos remediation is part of the scope of work. All areas of work shall be cleared prior to the start of construction. If asbestos is encountered, it is the Construction Team and their subcontractor’s responsibility to adhere to all VA, OSHA, Federal, and State regulations of ACM procedures. All work performed in areas containing asbestos will be done after normal working

Submittal packages for the Asbestos & IAQ qualifications shall be provided to the VA. The IH shall perform duties as necessary by monitoring, inspecting, and testing inside / outside the work area in accordance with OSHA requirements.

INDUSTRIAL HYGIENIST:

An Industrial Hygienist (IH), licensed by the State of Florida as an

Asbestos Consultant, may be required due to any existence of asbestos containing materials that may be encountered during the construction project.

DEMOLITION:

The project demolition will include removing the existing AHU, mechanical curbs, associated roofing, and the supply and return ducts. See project drawings for additional information. The project demolition work shall be heavily coordinated with the C.O.R. in the field. The Construction Contractor is to show (in detail) what components of affected systems must be removed or relocated.

ARCHITECTUAL:

The current AHU design intent is to remove the exist AHU and replace with new.

The architectural work includes removing select ceilings, light fixtures, and mechanical grills to gain access to the bottom of the AHU and duct work located in the ceiling space of the emergency department. This work also includes the roof curbs and associated roof repairs. The new AHU will be slightly raised up to allow the supply and return ducts to pass below the AHU and connect to the existing roof penetrations. There is a in vestibule for maintenance as part of the design. The Construction Team shall follow the containment plan for infection control for this project. The plans show detailed locations of what infection control requirements are to be used for this area. Any HPMs for Safety and Infection Control will be provided to the Construction Team for their use as requested. Construction barriers will be required for the duration of the construction to isolate patients and staff from dust, debris and construction hazards as determined by the Safety

Officer and Infection Control representatives.

STRUCTURAL:

The Construction Team shall perform all structural work as not to increase the risk of water intrusion. The Construction Team shall include (in any installation planning) measures that will preserve the affected area as a fully operational Emergency Department. To offset the increase of unit weight, removal of the existing concrete housekeeping pad (6” of normal-weight concrete placed directly on the 1-1/2” x 20 gage steel roof deck~90 psf)is required, while leaving the roof penetrations as-is to accommodate the currently in-use ductwork. The mechanical unit will be placed on a pre-manufactured roof curb and fastened to the roof structure per the manufacturer installation instructions.

***See Project Narrative to review the following: Steel platform above roof to support the mechanical equipment and provide a work-platform.*** ELECTRICAL:

The Construction Team must evaluate the electrical systems serving the design scope area. Minor modifications to the existing electrical and low voltage are required to support the new system. This work includes the replacement of

Replace AHUs 22 and 23 and associated equipment.

• Coordinate electrical load study as necessary to verify the existing electrical load demand on the existing electrical distribution system.

• Demolishing the following: See plans and specs.

• Electrical Service and Distribution:

All existing electrical service and distribution are to remain “as-is” unless noted otherwise. Additions or modification to any panel or service will be documented.

No additional backup, standby or emergency power will be required. Existing egress or emergency lighting will be reconnected or modified as needed.

• Branch Wiring:

Branch wiring system will be installed in accordance with 2020 NEC.

Each branch circuit will utilize a dedicated neutral conductor.

All branch circuits shall utilize an equipment grounding conductor in each conduit. The conduit will not be allowed to be used as the sole grounding path.

All branch circuiting will be copper conductors in conduit.

Minimum conduit size will be 3/4”.

MC Cable will be allowed to be used for normal power circuits from a junction box in the ceiling space in a room to devices located in the walls. The MC cable is to be concealed in the walls. MC is not to be used for homeruns or for emergency circuits.

Typical branch circuit wiring will be minimum #12 AWG CU, installed in EMT conduit for power and lighting systems. Rigid conduits shall be used for all exposed conduit runs where EMT would be subject to physical damage as defined by the National Electrical Code (NEC). Conduits to be installed concealed, except were installed in electrical rooms, mechanical rooms, or other unfinished areas.

All empty conduits shall have a pull string installed in them.

All panelboard feeders shall be copper conductors installed in conduits.

All electrical equipment shall be bonded with a dedicated equipment grounding conductor.

• Power for Mechanical Equipment:

Power for Mechanical Equipment wiring systems will be installed in accordance with 2020 NEC. Each branch circuit will utilize a dedicated neutral conductor as needed. All branch circuits shall utilize an equipment grounding conductor in each conduit. The conduit will not be allowed to be used as the sole grounding path.

All branch circuiting will be copper conductors in conduit.

Minimum conduit size will be 3/4”.

• Wiring Devices:

Wiring Devices shall be duplex receptacles rated for 120V with 5-

20 NEMA configuration, nylon type, with finishes determined by architect. Device faceplates shall be thermoplastic.

Interior receptacles located within 6 feet of a water source shall be provided with GFCI.

Wiring devices to be mounted in 4” square x 2-1/8” deep minimum.

boxes with appropriate gang mud ring.

Where wiring devices are surface mounted or in unfinished areas, devices to be mounted in a 4” square outlet box with matching industrial raised cover plates.

Device wall plates to have extra strength laminated adhesive tape labels indicating the source panel and circuit number. Tape to be clear with back letters.

Receptacles shall have the following finish:

o Normal = White o Life Safety / Emergency = Red

Receptacle cover plate to match color of receptacle.

Receptacles to be installed in accordance with the electrical drawings.

All work described herein shall conform to the National Electric Code (NEC)

NFPA 70, The International Building Code, The Health Care Facilities

Code, NFPA 99, The Life Safety Code, NFPA 101, The International

Energy Conservation Code, and VA design guideline

EQUIPMENT:

The Construction Team shall coordinate the contract procurement directly with the suppliers / manufacturers of the new equipment to produce a completely operational project in accordance with contract drawings and specifications.

All drawings, schematics, and other data available from the equipment suppliers shall be given to the VA to be incorporated in the A/E drawings and specifications at the end of the project.

MECHANICAL SYSTEMS:

Custom Outdoor AHU. A new AHU unit (in accordance with project drawings and specifications. Please refer to the contract drawings.

C. COMPLIANCE

1. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations.

2. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients.

3. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures.

4. All work for the duration of the contract shall be performed by certified trained technicians.

D. CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contract employees. Example: wearing steel toe boots and safety glasses ID badges and or name tags.

E.CONTRACTOR EMPLOYEE IDENTIFICATION

1. All contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email).

2. The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract. Contractor employees are always required to display this badge when performing services under this contract.

3. Employees released from service by the contractor must have their badge collected by the contractor. All badges must contain an expiration date and photograph of the employee.

4. The contractor supervisor must ensure that all contractor employees display their issued badges.

5. The contractor supervisor must be responsible for managing all issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

F.CONTRACTOR EMPLOYEE CONDUCT

1. The contractor is completely responsible for all actions and conduct of their employees. Contractor employees must be well-groomed and neat in appearance.

2. Contract employees must be professional in attire and must not wear any offensive clothing.

3. Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment; Loudness, vulgarity, rudeness, smoking, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

4. Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

G.CONTRACTOR RESPONSIBILITY

1. The contractor shall obtain all necessary licenses and/or permits as required to perform this work.

2. The contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

3. The contractor shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Florida.

4. Further, it is agreed that any negligence of the Government, its officers, agents, servants, and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

H. CONTRACT AWARD MEETING:

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a Kickoff Meeting or advised the contractor that a kickoff meeting is waived.

I.PERIOD OF PERFORMANCE:

673-21-152

This shall be a firm-fixed price contract. Warranty period for the installation and repair will be provided as part of the original contract documents for the project. POP for Construction is NTP+180days

. J. CHANGES TO THE Statement of Work

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer(CO). A copy of each change will be kept in a project folder with all other products of the project. Costs incurred by the contractor through the actions of parties other than CO shall be borne by the contractor.

K. Performance Requirements:

1. Contractor shall provide the necessary personnel and equipment to meet or exceed required service.

2. Provide licensed and trained personnel to perform the project in the

State of Florida.

3. Provide all supervision, labor, and materials to complete all requirements described in this SOW and as shown in the project design drawings; and as described in the specifications and project narrative.

4. Contractor shall obtain all necessary licenses and permits required to perform this work required by this SOW, with each person having completed the Occupational Safety & Health Administration (OSHA) approved 10-hour Construction Outreach Training or General Industry

Outreach Training.

5. Contractor shall take all precautions necessary to protect persons and property from injury and/or damage during performance of this contract.

6. Contractor shall be responsible for any injury to their employees as well as for any damages to personnel or Government property that occurs during the performance of this contract that is caused by the

Contractor’s fault or negligence.

7. Contractor shall insure that all areas where equipment is serviced under this contract are left in a clean, neat, and orderly condition.

8. Contractors shall have technical training and evident track records of working experience in HVAC and related components in healthcare, industrial, educational, or commercial facilities for a minimum of five.

(5) years.

9. Contractors shall possess and utilize all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform all work safely, effectively, and timely. Tools, equipment, and PPE shall comply with

OSHA Standard 29 CFR 1910, (Subpart I), and NFPA 70E. Prior to initiating work, the Contractor shall provide documentation demonstrating that all instruments, test equipment, tools, and PPE possess current calibration and safety inspections. Dated calibration and safety inspection labels shall be visible on all equipment as applicable.

10. Arrange and pay for all proper disposal of waste and debris.

11. Maintain project schedule agreed upon in the purchase order documents.

12. Provide all OSHA site safety for each employee during work.

13. Contractor employees shall have background checks completed.

L.DELIVERABLES

• The Contractor shall perform the services necessary to complete the tasks in accordance with the procedures described in a timely and professional manner, consistent with industry standards, at the location, place, and time that the VA has set aside, and all in accordance with the SOW and RFP documents.

• Contactor shall provide a copy of the inspection document used (field report) on the day of each performed inspection.

M.TESTING SPECIFICATIONS

• All testing/inspections of the shall be in accordance with the specifications and applicable industry standards and manufacturers recommendations. The initial test schedule shall be submitted to the

COR no later than 10 days after award. The inspection schedule shall be submitted to the COR sixty (60) days prior to the start of the next inspection.

N.ROLES AND RESPONSIBILITIES:

• Contracting Officer (CO) - A person duly appointed with the authority to enter, administer, and terminate contracts on behalf of the Government. The CO is the only person who can legally commit the

Government and only the CO, as the Government's agent, can modify the contract/order. The CO is the final authority for determining the adequacy of the Contractor's performance. CO decisions arising under or relating to the contact are final.

• Contracting Officer's Representative (COR) — An individual designated in writing by the CO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor's performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority' rests solely with the CO. The COR’s primary duty is to monitor the

Contractor's performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COR will report the unacceptable performance to the

COR. The COR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE VA

INFORMATION CUSTODIAL LANGUAGE:

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

b. 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.

c. A 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.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject 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.

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 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.

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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to

VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the 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.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies listed on the JAHMC Document Management Center share point site:

HPM NO. 90-25; HEALTHCARE VENDOR ACCESS AND COMPETENCY HPM

NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 132-05; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11- 91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information:

Company name, project number, date, and name of individual. Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

NARA Records Management

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. James A Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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.

a. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James A. Haley Veterans’ Hospital and Clinics. 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A Haley Veterans’ Hospital and Clinics 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, Talent Management System (TMS) Item #4192704, Records Management for Everyone. 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

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.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

-END-