SOW Emergency Power.docx

Part 1

General Information

1. General: This is a services contract for the maintenance, repair, testing, and inspection for the Emergency Power Supply System (EPSS) and Stored Emergency Power Supply System (SEPSS) at VA Sierra Nevada Health Care System (VASNHCS located at 975 Kirman Ave, Reno, NV, 89402. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the maintenance, repair, testing, and inspection for the EPSS and SEPSS systems as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.

1.2 Background: The emergency generators, Automatic Transfer Switch (ATS)’s, associated equipment, and Uninterrupted Power Source (UPS)’s at VASNHCS is paramount to ensuring continued care for the patients in case of a power outage or disruption. It is imperative that the government maintains the generators, ATS’s, and UPS’s in accordance with (including, but not limited to) the most current editions of the publications for: Veterans Health Administration (VHA) Directive 1028, Facility Electrical Power Systems; The Joint Commission (TJC); National Fire Protection Association (NFPA) 70, NFPA 99, NFPA 110; Manufacturer’s; Occupational Safety and Health Administration (OSHA); Federal, State, and local agencies standards.

1.3 Objectives: To ensure compliance with TJC Environment of Care Standards (EC.02.05.07, dated March 30, 2025 (or most current version)), NFPA 70, NFPA 99, NFPA 110, manufacturer’s, Federal, State, and local agencies standards and the most current editions of the publications for the emergency generators and ATS’s, to include VHA Directive 1028.

· Rationale for EC.02.05.07: Emergency EPSS may fail during a power disruption, leaving the hospital unable to deliver safe care, treatment, and services to patients. Testing, maintenance, and repairs of these systems for sufficient lengths of time at regular frequencies increases the likelihood of detecting reliability problems and reduces the risk of losing this critical resource when it is most needed.

· EC.02.05.07/EP3 is also included for SEPSS (See section 2b under 1.4 Scope).

1.4 Scope:

1. Elements of Performance (EPs) for emergency generators and automatic and manual transfer switches: Note: Due to ensuring that patient care is mitigated to the least impact, some of the tests and/or inspections will be done on a Saturday or before/after normal work hours (Monday-Friday 0730-1600 excluding federal holidays.) Guidance for observation of federal holidays comes from the Office of Personnel Management. Federal Holidays include New Years Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus, Day, Veterans Day, Thanksgiving Day, Christmas Day. If a federal holiday occurs on the day of testing or inspection, the service is to be completed the day before or after.

a. EP 4: WEEKLY – Every week, the hospital inspects the EPSS, including all associated components and batteries. The results and completion dates of the weekly inspections are documented.

i. Service is to be completed on the same day of the week, 52 times per year.

ii. For full text, refer to NFPA 110-2025: 8.3.1; 8.3.3; 8.3.4; 8.4.1 – or the most current edition.

iii. VASNHCS will provide test forms electronically that will be used for reporting.

b. EP 5: MONTHLY – Test each emergency generator beginning with a cold start under load for at least 30 continuous minutes. The cool down period is not part of the 30 continuous minutes. The test results and completion dates are documented.

i. Service is to be completed once per month, same day of the same week, monthly (i.e, 3rd Wednesday of each month, 12 times per year).

1. Note: If a holiday occurs on the day of testing or inspection, the service is to be completed the weekday before or after.

ii. For full text, refer to NFPA 99-2024, 6.4.4.1 – or the most current edition.

c. EP 6: ANNUAL – Diesel powered emergency generators are conducted with a dynamic load that is at least 30% of the nameplate rating of the generator or meets the manufacturer’s recommended prime movers’ exhaust gas temperature. If the hospital does not meet either 30% of nameplate rating or the recommended exhaust gas temperature during any test in EC.02.05.07, EP 5, then it must test the emergency generator once every 12 months using supplemental (dynamic or static) loads of 50% of nameplate rating for 30 minutes, followed by 75% of nameplate rating for 60 minutes, for a total of 1 ½ continuous hours.

i. Note: Tests for non-diesel-powered generators need only be conducted with available load.

ii. Service is to be completed once per month, same day of the same week monthly (i.e, 3rd Wednesday of each month,12 times per year).

1. Note: If a holiday occurs on the day of testing or inspection, the service is to be completed the weekday before or after.

iii. For full text, refer to NFPA 99-2024, 6.4.4.1 – or the most current edition.

d. EP 7: MONTHLY – Test all automatic and manual transfer switches on the inventory. The test results and completion dates are documented.

i. Service is to be completed once per month, same day of the same week monthly (i.e, 3rd Wednesday of each month,12 times per year).

1. Note: If a holiday occurs on the day of testing or inspection, the service is to be completed the day before or after.

ii. For full text, refer to NFPA 99-2024, 6.4.4.1 – or the most current edition.

e. EP 8: ANNUAL - Test fuel in all above ground and inground fuel storage tanks. (Exception: vi & vii, which will be conducted quarterly and monthly, respectively).

i. Fuel sampling and testing shall occur annually.

ii. Fuel sampling and testing shall follow ASTM standards.

iii. Testing reports shall be delivered within 21 days of samples taken. If samples are not received by the contractor before this time, notification shall be sent to the COR of expected date.

iv. Any repairs to fuel system in its entirety shall be the responsibility of the contractor. A quote shall accompany repair request. As the fuel system is part of the EPSS, repairs shall be expedited and treated as an emergency repair.

v. Contractor shall be responsible for the cost of any needed additives to fuel tanks to prevent algae or other bacterial growth.

vi. Inspection of all fuel scrubber systems. Building 12 and Building 8 shall be performed on a quarterly basis. Filters shall be replaced at annually (or more, as needed).

vii. Veeder Root systems shall be inspected during the monthly generator testing (EP5/7) to ensure that no alarms are present, and system is working properly.

viii. The fuel system inventory will be provided upon request.

f. EP 9: EVERY THREE YEARS – Test each emergency generator for a minimum of 4 continuous hours. The test results and completion dates are documented.

i. Service is to be completed every three years +/- 45 days from the last completed. (i.e., April 15, 2017, no sooner than the 45 days prior to and no later than 45 days after April 15, 2020).

ii. For additional guidance, see NFPA 110-2025, Chapter 8 – or most current edition.

2. Liebert NX (38SA120A0A00) UPS Battery Replacement and Testing/Inspection Requirements:

a. The batteries for UPS’s A & B will need to be replaced per the 5-year manufacturer’s requirement.

i. UPS-A batteries will need to be replaced within 30 days of May 13, 2029.

ii. UPS-B batteries will need to be replaced within 30 days of February 24, 2030.

b. UPS A & B Semi-annual and Annual inspection requirements

i. EC.02.05.07/EP3 Requirements:

1. The hospital performs a functional test of Level 1 stored emergency power supply systems (SEPSS) on a monthly basis and performs a test of Level 2 SEPSS on a quarterly basis. Test duration is for five minutes or as specified for its class (whichever is less). The hospital performs an annual test at full load for 60% of the full duration of its class. The test results and completion dates are documented.

a. Note: Level 1 SEPSS are intended to automatically supply illumination or power to critical areas and equipment essential for safety to human life. Included are systems that supply emergency power for such functions as illumination for safe exiting, ventilation where it is essential to maintain life, fire detection and alarm systems, public safety communications systems, and processes where the current interruption would produce serious life safety or health hazards to patients, the public, or staff.

b. Class defines the minimum time for which the SEPSS is designed to operate at its rated load without being recharged.

2. Semi-annual service/maintenance. The annual inspection/service/maintenance shall serve as the 2nd semi-annual requirement).

a. Service is to be performed during the 2nd week of April (annual) and October (semi-annual).

3. For additional guidance on operational inspection and testing, see NFPA 111-2025: 8.4 (or most current edition).

3. Please see the spreadsheet located at the bottom of this PWS for further details on additional testing or replacement dates.

4. Qualifications of contractors

a. Contractors shall have the Engine Manufacture certification or equivalent training for the maintenance on the emergency generators, ATS’s, and UPS’s at VASNHCS, and completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

b. Contractors shall have technical trainings and track records of working experience in maintenance, inspection, and testing of the Emergency EPSS and its components in healthcare, industrial, educational, and commercial facilities for a minimum of three continuous years.

c. Contractors shall have safety training, either on-the-job or classroom type in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S - Electrical and the NFPA 70E - Standard for Electrical Safety in the Workplace. The contractor’s employees shall have a certified Electrical Contractor License for the state of Nevada. Training certifications shall be submitted to the Department of Veteran’s Affairs (VA) Contracting Officer Representative (COR) prior to work. If no training certifications are available, the contractor shall certify that the service technician has met this requirement in writing and submit it to the VA CO prior to work.

d. Contractors shall demonstrate familiarity and have ready access to the latest versions of the following references:

i. NFPAIt 70, National Electrical Code.

ii. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance.

iii. NFPA 70E, Standard for Electrical Safety for the Workplace.

iv. NFPA 110, Standard for Emergency and Standby Power System.

v. OSHA Standard 29 CFR 1910, Subparts I, J, & S, 1910.147 (Lock-out/Tag-out).

vi. Operating/Maintenance manuals and specifications of the emergency generators and all associated electrical equipment to be maintained and tested. These documents may be obtained from the VASNHCS, or the equipment manufacturers.

vii. VHA Directive 1028, Facility Electrical Power Systems.

e. Contractors must provide and shall be equipped with all the necessary tools, equipment, and personal protective equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I; 1910.147; and NFPA 70E/NFPA 110.

5. Scope of work

a. The contractor will provide all the necessary supervision, labor, tools, travel, permits, licenses, equipment, materials, etc., to accomplish the emergency generator, ATS, and UPS maintenance on 10 generators, two portable generators, two DUV “Swat Bus”, 32 ATS’s*, and two UPS’s at the VASNHCS. Services include weekly and monthly inspections, annual service, 4-hour load bank testing (LBT) (Tri-annual), the annual load test, annual ATS test, semi-annual/annual UPS test, annual fuel sample testing for above ground and below ground fuel storage tanks, Veeder root, fuel scrubber tank systems, and battery replacements for the generators and Liebert system (contractor will ensure that the battery replacements for the generators and Liebert system are included in the cost of the contract). Most testings, repairs, maintenance, preventive maintenance (PM) will occur during normal work hours (7:30am to 4:00 pm), Monday-Friday, except Federal Holidays, with the exception of the list below:

i. Monthly generator testings will occur on the 3rd Friday of each month, beginning at 0530.

ii. *Note (ATS): There will be 9 ATS’s that will require Saturday testing.

1. 2 Sat (0800-0830)

2. 4 Sat (0800-1100)

3. 3 Sat (1100-1400)

iii. *Note (ATS): There will be 6 ATS’s that will require before hours testing.

1. 4 (0530-0730)

2. 1 (0530-0730)

3. 1 (0530-0730)

b. It is preferred the contractor must have at least two years of previous experience maintaining and repairing hospital generators. Some maintenance, repairs, and testing may occur outside of normal work hours, such as: starting with the patient care generators 4, 8, and 10, maintenance and testing will begin at 5:30 am the third Friday of the month. Frequency and days of service are noted in this PWS para 1.4, section 1a, 1b, 1c, 1d, 1e, and 1f. (Elements of Performance, EP3, EP4, EP5, EP6, EP7, & EP9)

c. The contractor shall have a 24-hour per day, 7-days per week, 365 days a year presence in the Reno, NV area to be available for emergencies. The contractor shall be available to respond to emergency calls within 1-hour. This is paramount to ensuring that the operation of the hospital and patient care is not impacted by the lack of service available. Before emergency repairs begin, the contractor will provide the COR an itemized quote showing work to be done and cost.

d. Upon receipt of the award to the contract, the contractor shall provide a work plan to also include identifying their safety program and to identify various aspects of their awareness of: their Lock-out/Tag-out procedures; ARC Flash training, awareness, PPE; OSHA 10/30 training for workplace and construction awareness on job sites; confined spaces awareness, etc.

e. The contractor shall provide the following service, in intervals as recommended by the manufacturer and based on current equipment hours:

i. Replace the oil, oil filters, fuel filters, coolant, coolant filters, clean exterior of radiator, replace belts, check associated duct work and louvers and clean as necessary, check louver motors and controls and verify proper operation.

ii. Replace any leaking coolant gaskets, check block heater and repair any leaks.

iii. Check for correct thermostat operation, adjust as necessary, check and replace flexible fuel, coolant lines as necessary.

iv. Test for excessive back pressure on the exhaust system, check the exhaust system hangers and supports.

v. Check flexible exhaust section, tighten control and power wiring connections, check safeties and alarms for proper operation and calibration and notify as necessary.

vi. Calibrate all voltage sensing relays/devices, test generator wiring for insulation breakdown, replace air cleaner, replace governor oil, test injector pump and injectors for flow rate and/or spray pattern.

vii. Check and adjust valve clearances, torque head-bolts, clean and check brush length, notify as necessary.

viii. Check and clean rotor and stator, check and clean commutator and slip rings.

ix. Check bearings and notify as necessary, grease bearings, check and clean exciter and voltage regulator, megger (insulation tester) the windings and record the resistance readings.

x. Check water pumps for leaks, notify as necessary, check clean, and vacuum boxes, panels and cabinets.

xi. Clean and scrub down the prime mover with moist rags and a biodegradable detergent.

xii. Clean and scrub the concrete floor directly under the genset where accessible.

xiii. Maintain all batteries and associated chargers and controls.

xiv. Replace maintenance free batteries every three years* (price to be included in this contract).

1. *Every three years from 2025.

f. Transfer switches shall be subjected to one major maintenance and three minor inspections per year.

i. Annual major maintenance to include:

1. Check connections.

2. A thermograph or temperature scan shall be done under normal condition load prior to transfer. All wiring harnesses, circuit boards, feeder wires, transformers, circuit boards, relays, controllers, PLC’s, contacts, major mechanical components and any other internal components shall have a thermograph scan. This scan shall be repeated while the EPSS is under load in emergency position. Any temperature of components greater than 650C shall be documented and reported.

3. With power connected to the normal source, measure and record milli-volt drop across each pole. Any reading greater than 25% of the average of all the poles shall be inspected with the ATS de-energized.

4. With power connected to the emergency source, measure and record milli-volt drop across each pole. Any reading greater than 25% of the average of all the poles shall be inspected with the ATS de-energized.

5. With EPS in off position breakers between the EPS and the load terminals of the ATS shall be exercised.

6. The bypass isolation feature shall be operated between normal to emergency and back again. Refer to NFPA 110 A.8.3.5 (1)(D) for testing procedures of said feature.

7. Inspect or test for evidence of overheating or excessive contact corrosion.

8. Inspect insulating materials and/or standoff insulators for signs of contamination (i.e,. dirt, grime, oil). The combination of high humidity and moisture could lead to tracking and or breakdown of the insulating material. Insulators are to be cleaned by an approved solvent and/or alcohol.

9. Inspect control connections, plugs, and harnesses for signs of corrosion, heat. contamination and so forth.

10. Remove all dust and debris in the ATS cabinet, transfer switch mechanism, bus and so forth.

11. Inspect cabinets for proper sealing. Knock out and penetrations in cabinet need to be sealed as well as appropriate gasketing to prevent the introduction of dust and debris.

12. Observe any other proper manufacturers procedure and/or recommendation.

13. Verify control and feature setpoints and operation.

14. Measure and record the following data and setpoints:

a. Normal source voltage phase to phase, phase to ground and phase to neutral

b. Engine start time

c. Emergency source voltage phase to phase, phase to ground and phase to neutral

d. Total load current

e. Transfer time delay

f. Return to normal time delay

g. Engine cooldown

h. Verify proper setpoints of all values as recommended in NFPA 110 8.4.5

i. Verify proper operation of all indicator lights, meters, and controls.

g. All LBT shall include the buildings emergency load with additional loading from a load bank machine supplied by the contractor. All LBT shall be coordinated and confirmed with the Contracting Officers Representative (COR) of each division before starting the test. The contractor shall provide and connect or disconnect a temporary emergency generator whenever required to ensure emergency standby power at all times. This includes any scheduled maintenance that requires taking the generator off-line. The contractor shall not interrupt any electrical service without the consent of the COR. The contractor shall be responsible for correcting any incorrect information on the existing equipment list.

i. Monthly testing is performed with building load and remote load banking equipment.

ii. EP6 Annual and EP9 Tri-Annual are performed with remote load bank equipment only to avoid multiple transfer of ATS’s. The connected equipment must be connected so that if a loss of normal power occurs during testing, it will automatically disconnect so that the EPSS will function properly.

h. Liebert UPS A & B testings:

i. Tests shall include all manufacturer recommendations, but is not limited to:

1. For semi-annual service:

a. Equipment Readings:

i. I/O Frequency

ii. Input Volts L/L

iii. Input Volts L/N

iv. Input Current

v. Output Volts L/L

vi. Output Volts L/N

vii. Output Current

viii. Load Percent

ix. Input Filter

x. Output Filter

xi. Battery Voltage

b. Battery Cabinet:

i. Record Model #

ii. Serial #

iii. Strings

iv. Quantity of batteries in string

v. Battery type

vi. Battery date

vii. Recommended replacement date

c. Unit Testing:

i. Test all batteries with midtronics voltage and conductance test.

ii. Test battery string at 60% or greater.

iii. Provide battery test results.

iv. Perform visual and IR scan of UPS unit.

v. Inspect event/alarm logs, report all of concern.

vi. Ensure unit is working properly and online when complete.

2. For annual service:

a. Equipment Readings:

i. I/O Frequency

ii. Input Volts L/L

iii. Input Volts L/N

iv. Input Current

v. Output Volts L/L

vi. Output Volts L/N

vii. Output Current

viii. Load Percent

ix. Input Filter

x. Output Filter

b. Battery Cabinet:

i. Record Model #

ii. Serial #

iii. Strings

iv. Quantity of batteries in string

v. Battery type

vi. Battery date

vii. Recommended replacement date

c. Unit Testing:

i. Check event log and alarms, report any concerns.

ii. Test batteries under 60% or greater load. Report all warnings or failures.

iii. Test all battery string and provide report for each battery.

iv. Perform visual and IR scan inspection of entire unit.

v. Transfer unit to static by-pass, report results.

vi. Ensure unit is operating properly and online.

vii. Check air flow of room.

viii. Check and clean air filters, replace as necessary.

ix. Ensure room temperature is satisfactory.

x. Check time in unit.

xi. Report amount of transfers.

i. Batteries (Generators & Liebert System):

i. The batteries for the generators and Liebert system shall be replaced when necessary, due to failures and end of life requirement. All requirements will follow manufacturer’s recommended guidelines and/or NFPA 110, whichever is most stringent.

ii. The batteries for the generators will be replaced with maintenance-free batteries per the 3-year manufacturer’s requirement and as per the dates listed on pages 12-15 and Para 1.4, Sec 5.e.xiv.

1. These batteries should be replaced within 30 days of the dates listed on the spreadsheet.

iii. The batteries for UPS’s A & B will need to be replaced per the 5-year manufacturer’s requirement and as per the dates listed on pages 12-15.

1. UPS-A batteries will need to be replaced within 30 days of May 13, 2029.

2. UPS-B batteries will need to be replaced within 30 days of February 24, 2030.

iv. Contractor/vendor shall include in their proposal all battery replacement cost to include battery, labor, and proper disposal of replaced batteries.

v. Additionally, any materials required for testing or recommended for replacement during these services should be included.

j. If work is required that is outside of the scope of this contract, the contractor shall submit a detailed cost estimate for the required repairs to the CO/COR within two business days of finding the issue. The contractor shall not proceed with such work, except for an emergency situation such as a generator or ATS is not working, there is no power, and without power to the hospital, it will directly affect patient care or the operation of the hospital will be severely impacted, without the written consent of the CO/COR and receipt of a separate purchase order or a modification to the contract to cover the cost of the additional work. In the event of an emergency that affects the Life Safety to the hospital as mentioned above, permission to proceed with the emergency work must be given by the CO, COR, or Chief of Operations and Maintenance or Chief/Assistant Chief of Facilities Management Service. Unless the work can be completed without any impacts to patient, staff, or operation necessity, the quote should also include a cost estimate for before or after work hours (to include weekend), if needed. Additionally, if a new equipment will need to be added to the contract as a part of the maintenance, PM, or repair, a modification to the contract will be submitted.

1. Payment will not be made for any unauthorized work.

2. A purchase order may be submitted for any work outside of the contract, if the service is less than the micro-purchase threshold. Payment will be made through a Government Purchase Card or through Tungsten/OB10. Otherwise, a modification to the contract will be requested to the Contracting Officer. No work will be conducted without prior approval with a modification to the contract or a purchase order, unless noted as the emergency Life Safety requirement listed above.

6. Notification of environmental spills and damage

a. The contractor shall have in their possession, safety data sheets for every chemical item they bring on station.

b. The contractor shall properly dispose of all hazardous materials including, but not limited to all oils, coolant, fuels, filters, contaminated rags, and adsorbent, per the federal, state and local codes.

c. In the event the contractor spills or releases any un-permitted substance, hazardous substance, or hazardous waste into the environment, the contractor shall immediately report the incident to the contracting officer’s representative, fire department, and the local authority having jurisdiction. The contractor shall be liable for the costs of clean-up and remediation of any spill or release of such substance into the environment.

d. In the event the contractor damages any equipment or property, the contractor shall be held liable for the cost of repair and/or replacement.

7. Report requirements

a. Provide a comprehensive written report of the work completed. This will include all oil test results, maintenance logs, load bank sheets, generator/ATS testing findings, etc. The report should be forwarded to the COR, Facility Operation Specialists (FOS), and subject matter experts (SME(s)) within seven days of completion of service.

b. Any findings/deficiencies shall immediately be notified to the COR, FOS, and SME so that it may immediately be addressed. A quote for repair shall be sent to the COR, FOS, and SME to be reviewed. Any authorization for repair shall require the COR/Contracting Officer’s approval prior to proceeding any work.

c. The contractor will not have any access to a VA system or VA sensitive information.

8. Frequency documentation

a. Weekly = Same day of the week. 52 times per year. (If a holiday occurs on the day of testing or inspection, the service is to be completed the day before or after.)

b. Monthly = Once per month. Same day of the same week monthly (i.e, 3rd Wednesday of each month), 12 times per year. (If a holiday occurs on the day of testing or inspection, the service is to be completed the weekday before or after.)

c. Semi-annual = Twice a year +/- 20 days from the last completed. (i.e. October 15, 2017, April 15, 2017. No sooner than the 20 days prior to and no later than 20 days after the day of the month listed.)

d. Annual = Once per year, +/- 30 days from the last completed. (i.e, April 15, 2017. No sooner than 30 days prior to and no later than 30 days after April 15, 2018)

e. Tri-annual = 36 months/every 3 years. +/- 45 days from the last completed. (i.e, April 15, 2017. No sooner than the 45 days prior to and no later than 45 days after April 15, 2020)

9. Contractor and their employee(s) responsibility

a. The contractor shall abide by the rules of the station, which will be provided in the pre-work meeting.

i. Comply with all VASNHCS regulations at all times and conduct themselves in a professional manner.

1. This includes parking in the appropriate spaces. Parking in veteran and/or patient designated parking spaces is prohibited.

2. Smoking is not allowed on any part of the VASNHCS facility, to include the parking garage or outside areas.

ii. Proper badges (above the waist) and good behavioral conduct shall be mandatory. If badges are not immediately available, then the contractor must check-in to the VA Police to get a one-day pass that must be worn on the person at all times. Proper identification (Federal/State issued ID) is required for the badge. If the 24 hour period has expired, then the contractor must return to the VA Police office for another pass.

iii. VASNHCS may demand the contractor remove any persons who pose a threat to the health, safety, or security of the staff, customers, and/or property of VASNHCS.

b. The contractor and their employees will not be in any patient care spaces; therefore, a Certification and Accreditation Security disclaimer is not required.

c. The contractor may be required to adhere to Federal/Hospital policy, to include wearing a face mask at all times while on Federal property.

d. The contractor and the COR shall be jointly responsible to track all additional charges and repairs that are not covered by this contract. A proposal and modification of the contract will be required for any service/repair outside the scope of the contract prior to any work being completed.

10. Security and records management disclaimer:

a. The Certification and Accreditation requirements do not apply. A Security Accreditation Package is not required.

b. Applicability

i. 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.

c. Definitions

i. “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 the VA contract.

4. may include deliverables and documentation associated with deliverables.

d. Requirements

i. The 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.

ii. 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.

iii. 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.

iv. The VA 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 VA 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 the VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

v. The contractor shall immediately notify the appropriate CO and/or COR 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 VA 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 CO or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

vi. The contractor is required to obtain the CORs 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 VA’s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

vii. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA’s policy.

viii. The contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

ix. 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 FOIA.

x. The VA 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 VA 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.

e. Flowdown of requirements to subcontractors

i. 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.

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

PERFORMANCE WORK STATEMENT

654-26-1-6093-0020 EMERGENCY POWER SUPPLY SYSTEM SERVICE AND STORED EMERGENCY POWER SUPPLY SYSTEM SERVICE

VA SIERRA NEVADA HEALTH CARE SYSTEM

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