Statement of Work.docx

Statement of Work

A. GENERAL

The contractor shall provide Sterile Processing Technicians for the Sterile Processing Services of James J. Peters VA Medical Center, if and when requested by the Contracting Officer or the authorized representative of the Contracting Officer.

The primary purpose of the Sterile Processing Service (SPS) is to provide the operating room (OR), various medical and surgical clinics, dental service procedure areas, inpatient units, departments, CBOCs, etc. with sterilized and/or high-level disinfected (HLD) critical and semi-critical reusable medical devices (RMD) such as surgical instruments, instrument trays and flexible endoscopes. The contract sterile processing technician reprocesses (disassembles, cleans, decontaminates, assembles, high-level disinfects or sterilizes) critical and semi-critical RMDs in accordance with manufacturer’s instructions for use, The Joint Commission (TJC) standards, VA directives (e.g., VHA Directive 1116), VA handbooks, American National Standards Institute (ANSI)/Association for the Advancement of Medical Instrumentation (AAMI) ST79 standards, International Association of Healthcare Central Service Material Management (IAHCSMM) standards, Association of Peri-Operative Registered Nurses (AORN) guidelines, Center for Disease Control (CDC) guidelines, OSHA regulations, and local VA SPS and Infection Control policies and procedures. The Sterile Processing Services at VA James J. Peters are ISO 9001:2015 certified and must meet all requirements accordingly.

The contractor shall provide service for up to four (4) Sterile Processing Technicians.

B. DUTIES

Contracted Sterile Processing Technicians shall perform duties as noted under the following areas:

1. Decontamination Area:

a. Operate all decontamination equipment in special area receiving “soiled” and contaminated material. Identify, decontaminate, and systematically segregate reusable items for preparation, reprocessing and redistribution. Identify and receive contaminated surgical instruments, trays, endoscopes, powered drills and saws, from all areas in the medical center while prioritizing among instruments required for surgical procedures in the OR.

b. Select proper methods, based on manufacturer’s instructions for use (MIFU), for cleaning and disinfecting all RMDs. These include using a variety of brushes, applicators, pipe cleaners, cavitation in an ultrasonic washer, scrubbing in a detergent solution, and/or processing in a washer-disinfector, scope washer, or other such decontaminating unit.

c. Disassemble and inspect items for damage or missing components and ensure removal of bioburden for cleanliness; operate equipment and instruments to ensure proper functioning prior to sterilization or redistribution.

d. For flexible endoscopes, perform leak tests; initiate cleaning according to manufacturer's instructions.

e. Responsible for the inspection, disassembly, cleaning, and routine maintenance of sophisticated surgical devices such as bronchoscopes, sigmoidoscopes, cystoscopes, laparoscopic cameras, drills, saws, reamers and a wide variety of lumen devices.

f. Is aware of and adheres to the IAHCSMM and ANSI/AAMI ST79 standards, AORN standards, Infection Control and CDC guidelines. Follows the VHA Directive 1116 once SPS JJPVAMC education training completed. Must be aware of proper work, air and people flow.

g. Personnel engaged in the collection or removal of soiled/contaminated supplies and equipment, as well as those individuals working in the decontamination area will wear personal protective equipment (PPE). PPE is defined as, head/hair covers, face shields, face masks, impervious gown, long cuffed rubber/vinyl gloves and impervious shoe covers.

h. Read, understand and follow all manufacturers’ instructions on cleaning RMD.

i. Follow and adhere to department High Risk Protocols (HRPs) or Standard Operating Procedures (SOPs) and manufacturer's guidelines.

j. Read and understand Material Safety Data Sheets.

k. Perform and document quality assurance checks.

2. Preparation and Assembly Area:

a. Receive from decontamination area all RMD requiring assembly into packs, instrument sets, and a wide variety of other components for surgery and other treatment areas. The contract employee assembles instruments, complex instrument sets, and other surgical items and trays and arranges them in the correct manner to ensure appropriate sterilization. Assembles complex instrument sets containing as many as two hundred varied instruments which must be inspected for damage such as pitting, rust, cracks, bends, sharpness, proper locking ability, jaw alignment, residual blood and tissue, etc.

b. Has the ability to process even the most complicated procedural sets containing unusual and minutely varied instrumentation such as the Vascular tray, Casper, Orthopedic Specialty, Cataract, Lap Cholecystectomy and other such sets containing very specific and complex instrumentation.

c. Aware of aseptic technique and proper wrapping methods to allow the user to open the product in an aseptic manner. Produces a compact, logically arranged package which is within the proper weight limits appropriate for assured sterilization. Inspects and selects the appropriate wrapping materials and sterilization packaging. Uses external and internal chemical indicators, labels all packages correctly with a felt tip marker, initials all products as is required by VHA Directive 1116.

d. Inspect instruments for proper functioning, scissors for sharpness, box locks for tightness, towel clamps and hemostats for proper functioning jaws, rough edges on ring handles, jaws, ratchets, and shanks (burrs or nicks). Inspect for cleanliness and corrosion. After appropriate investigation, notifies supervisor of missing or damaged instruments.

e. Must wear appropriate PPE, e.g., scrubs, bouffant cap and warm-up jacket, at all times. Washes hands frequently and enforces proper work, people, and airflow.

f. Properly and safely load, operate and troubleshoot a variety of sterilizers including but not limited to: steam, hydrogen peroxide plasma (VPro, STERRAD) and ethylene oxide (EtO). Additionally, perform all quality assurance testing and documentation required for each sterilizer.

g. Follow and adhere to department High Risk Protocols (HRPs) or Standard Operating Procedures (SOPs) and manufacturer's guidelines.

3. High Level Disinfection Area (HLD):

a. Wear proper protective apparel and equipment at all times.

b. Properly transport all items for HLD process before and after processing.

c. Inspect items for HLD process, and process following department High Risk Protocols (HRPs) or Standard Operating Procedures (SOPs) and manufacturer's guidelines for reprocessing.

d. Perform all functions of the HLD process including documentation and quality assurance procedures.

e. Properly and safely load and operate the automated endoscope reprocessors and other HLD equipment (e.g., TD 100, Trophon) as needed.

4. Sterilization:

a. Efficiently schedule operation of sterilizers to permit cooling or aeration of sterilized items prior to use by clinics or the operating room. Select the correct sterilizing method (steam, ethylene oxide and hydrogen peroxide) according to the materials being processed. Prepare test packs and run biological indicators in accordance with the VHA Directive 1116 and manufacturer’s instruction for use.

b. Label all sterilized items with the sterilization date, machine number and load number. Inspect chemical indicators on each package for a positive indication of exposure to the sterilant. Inspect all products for package integrity and residual moisture.

c. Review and sign all sterilizer print-out to verify the proper sterilization time, temperature, pressure, humidity and sterilant exposure. Record all items sterilized; maintains records, for three years, on all sterilizer loads; maintains additional records on all implants sterilized. Quarantine all implants for three (3) hours before release in accordance with the VHA Directive 1116. Store RMD without compromising the sterility of the package.

d. Assemble and load clinic and operating room supplies on shelves or carts according to schedules. Fill special emergency requests for sterile RMD. Monitor performance of sterilizers and aerators with prescribed tests. Notify supervisor of sterilizer malfunctions and low sterilant supplies.

e. Record biological spore results, and, in the event of a positive culture, initiate the recall of RMD while also notifying the appropriate individuals in the medical center according to policy.

f. Follow and adhere to department High Risk Protocols (HRPs) or Standard Operating Procedures (SOPs) and manufacturer's guidelines.

5. Case Cart Area:

a. Follow facility protocol on OR case cart process and sterile storage area regulations.

b. Responsible for setting up OR Case Carts with instruments/trays required for surgical cases scheduled in the Operating Room on a daily basis in accordance with the OR Schedule and Procedure List

c. Maintain appropriate sets in sterile/clean area.

d. Rotate stock as needed.

6. Equipment:

a. Use, clean, and maintain a wide variety of equipment. Clean loading carts, delivery carts, specialty carts, work areas, storage shelves, using chemical solutions and detergents, according to written procedure, or as needed, to prevent cross-contamination.

b. Receive periodic training in such areas as the use and functioning of medical supplies, instruments, and equipment. Train in new and improved sterilization practices and developments in the microbiology, bacteriology and therapeutic practices as they affect the sterile supply operation.

c. Understand and follow all manufacturers’ instructions on equipment used.

C. SUPERVISORY CONTROLS:

1. The technician is under the general supervision of the Supervisor, Assistant Chief SPS and/or the Chief SPS.

2. Daily assignments are made orally or in writing by the Chief, SPS, Assistant Chief, SPS, Supervisor, Lead MST, or designee at the beginning of the shift. Routine work is performed independently following set policies and procedures. Deviations from routine are referred to the immediate supervisor. The contract employee’s work is reviewed by the Chief, SPS, Assistant Chief, SPS or the Supervisor.

3. The contract technician is expected to work in the areas assigned and needed at any given time. The contract technician is expected to perform day-to-day work independently, adjusting schedule requirements as needed.

4. Communicates to supervisor and other team members changes in daily work conditions that prevent accomplishing responsibilities.

5. Complies with all safety and procedural regulations to prevent injury and cross contamination.

6. Is knowledgeable about hazardous materials and proper procedures to follow to minimize exposures.

7. Maintains, and continuously applies, training methods in aseptic technique, handling of contaminated equipment and supplies, decontamination and sterilization procedures to prevent the spread of disease and cross infection.

8. Complies with Standard Precautions, ensures proper disposal of hazardous waste, reports all malfunctioning equipment, uses proper equipment for the required tasks, follows recommended or established directions for use of decontamination and sterilization materials and equipment.

9. Cleans all equipment and work areas after use.

10. All items must be properly cleaned, packaged, loaded, sterilized, and stored according to a rigid set of guidelines which must be complied with to the letter. All processes must be documented and inspected. Work is subject to inspection by TJC, OSHA, state, and local investigators. Accurate records must be maintained for a minimum of three years.

11. All staff assigned by the contractor will abide by all policies and procedures of VA JJPMC including but not limited to the wearing of an ID that clearly states their name & status; and knowledge of information security and privacy awareness (verified by signed documents or completed mandatories).

a. All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line “VA Privacy and Information Security Awareness and Rules of Behavior Training” - Talent Management System (TMS) Code “10176,” as well as the SPS-specific trainings in TMS prior to starting to work on site at VA JJPMC.

b. Contractors must provide signed certifications of completion to the COR during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).”

c. Contractor must provide certificates of completion for all VA trainings (e.g., privacy, information security, and SPS-specific trainings) in advance of the contract technician beginning orientation at VA JJPMC.

12. Supervisory assistance may not be available for team members on off-shifts. Incumbent is responsible for solving problems that may arise. Incumbent's contacts include all members of the medical center community and may work in consultation with other medical center staff in problem solving.

13. The supervisor reviews work through observation of the work areas, discussion with the employee, and by means of feedback from the medical center staff who use the employee's services.

D. PERSONNEL REQUIREMENTS:

1. Personnel assigned by the Contractor to perform the services covered by this contract shall meet the following minimum requirements:

Contractor Personnel Requirements:

a. Contractor Personnel shall have a minimum of three (3) years recent Sterile Processing technician experience

b. Minimum Qualifications Standards (1) Contractor Education/Experience: Possess a high school education or equivalency and have three (3) years of experience demonstrating the ability to perform sterile processing techniques and services in an acute care facility with general surgery, orthopedic, cardio-thoracic, vascular, neuro/spine, eye, ENT, laparoscopic and robotic surgical services, as well as services using flexible endoscopes. Contractor Personnel shall possess a valid IAHCSMM certification or Certification Board for Sterile Processing and Distribution (CBSPD). Level II certification – Veterans Affairs Certification, preferred. Certification shall be provided to points of contacts as requested herein.

c. Contractor Personnel shall have knowledge of aseptic principles and techniques, including characteristics of various types of detergents, cleaning techniques, sterilizing mediums; and tests to determine effectiveness of sterilization.

d. Contractor Personnel shall have knowledge of the use, operation, maintenance, assembly, and disassembly of complex surgical instruments, and reusable medical equipment and the specific cleaning, sterilizing and storage requirements of each in order to ensure RMD is sterilized and stored according to manufacturer's specifications.

e. Contractor Personnel shall have the ability to interpret written material, technical material, regulations, instructions and reports.

f. Contractor Personnel shall have the ability to communicate orally and in writing.

2. The qualifications of such personnel shall be subjected to review by VA JJPMC’ Resource Manager for Patient Services and approval by the Chief, SPS or designee.

3. The contractor shall provide the following information for all available candidates:

a. Current resume or Curriculum Vitae (CV) for each proposed candidate.

b. A list of the experience of each proposed candidate.

c. Competency checklist for each proposed candidate.

d. A copy of the proposed candidate’s IAHCSMM or CPSPD certification.

e. Minimum of 3 references regarding related work with points of contact for each proposed candidate.

E. CREDENTIALS/CERTIFICATION:

1. The contractor shall provide documented evidence that its personnel have met the minimum requirements stated above.

2. The Contractor shall run a background investigation on all contracted personnel prior to submitting them for consideration of a contract at VA James. J Peters Facility and submit the results with the applicant’s profile. All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. The contractor shall bear the expense of obtaining background investigation.

3. The contractor shall be responsible for the actions of those individuals they provide to perform work for VA.

4. Position Sensitivity – The position sensitivity has been designated as Low Risk.

5. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

6. Shall be authorized to work in the United States.

7. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the task order for default.

8. The Contractor shall provide the Contracting Officer Representative (COR)/Point of Contact (POC) with a certificate that the Contractor personnel have had a medical evaluation prior to the start of work under this agreement, including all required immunizations and tuberculin test and/or chest xray. This certificate shall state the date on which the examination was completed, the provider's name that performed the examination, and a statement concerning the health of the individual in accordance with the requirements set forth in the VA Occupational Health policy. The certificate shall also contain the following statement: (name of the contract personnel) is suffering from no contagious diseases listed in the Infection Control Manual.

9. Contractor staff shall not wear artificial nails, whether self or professionally applied, while working at VA JJPMC Facility.

10. Contractor personnel shall wear special protective clothing and/or equipment provided by the Medical Facility when directed, or as necessary for infection control purposes.

11. The wearing of jewelry will comply with standards in accordance with VA JJPMC policy.

12. The Contractor shall be responsible for providing contract technician staff to perform work on a temporary staffing basis under the guidance of the Government, and that Government will establish the details of the work, but the contractor shall be responsible for the work product of the Contracted Personnel.

13. The Contractor shall provide requested profiles/resumes for new staff within five business days to the COR/POC with required information as described in for the position being temporarily filled (see section under Personnel Requirements above).

14. The contracted personnel shall adhere/comply to all Federal/State/VA guidelines, regulations, laws, policies, and procedures at all times. The Contractor shall notify the CO and the COR in advance in a reasonable timeframe.

15. The Government reserves the right to accept or not accept the contractor provided personnel. In the event that any contract sterile processing technicians are determined unacceptable by the designated Government contact at any time during the agreement period, the Contracting Officer will determine whether the personnel shall be released from duty and will notify the contractor’s point of contact that such individual shall not be resubmitted to provide service under this agreement.

16. Non-acceptance of a contract technician does not relieve the contractor from fulfilling the terms and conditions of this contract. In the event of a dispute between the designated contacts, the CO’s decision is final.

17. In the event the independent contractor becomes ill or cannot work for any other reason, it is the contractors’ responsibility to immediately provide another candidate, who is appropriately certified to work in the area the previous candidate was scheduled to work (see I. Contractor Response Time).

18. The parties agree that such contract personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. The designated contractor point of contact shall be available 24 hours a day 7 days a week to supply services.

F. PHYSICAL FITNESS REQUIREMENTS:

1. Physical Requirements: The work requires standing and walking during the entire workday, and frequent bending and lifting of supply packages, instrument trays, etc. (weighing as much as 25 pounds). The contracted employee regularly pushes loaded carts weighing several hundred pounds, in sometimes crowded quarters, and works them over slight rises such as door sills.

2. Work Environment: On a regular and recurring basis, the contracted employee alternates between a contaminated environment and a carefully controlled clean environment. The contracted employee wears special clothing, hair covers, beard covers, and shoe covers which can be uncomfortably warm. Although most work areas are climate controlled, sterilization temperatures are 270 degrees and room temperatures can rise in excess of 100 degrees. The contracted employee uses insulated gloves to remove carts from sterilizers. The contracted employee is subject to burns from accidentally touching hot items. The hazards of working around minute quantities of sterilizing gases are unknown. All known precautions are taken to decrease the potential of these hazards. The contracted employee often works around body fluids, mucus, excretions, and bits of tissue, some of which may be foul smelling. The work area is noisy due to the clatter of metal instruments, rumbling of carts, and operation of pre-sterilizing equipment. Use of ultrasonic equipment may require use of ear protectors.

3. All employees shall be literate and able to communicate (speak) with clients in English to the extent of reading and understanding printed regulations, detailed written orders, training instructions and material, and shall be able to compose reports which convey complete information. The Contractor is to certify the ability of all employees designated to provide service for this contract.

G. PLACE OF PERFORMANCE:

The contract technicians will be assigned to work at

SPS James J. Peters VA Medical Center 130 W. Kingsbridge Road Bronx, NY 10468

H. ORIENTATION:

Contract personnel will be required to attend a VA JJPMC orientation prior to any work assignment at contractor’s expense. Orientation to the unit will be scheduled with the Education Section.

I. CONTRACTOR RESPONSE TIME: If a contractor-provided Sterile Processing Technician is unable to work a scheduled shift, the contractor shall provide a substitute Sterile Processing Technician to work that shift within two (2) hours of the request from VA JJPMC. The contractor must communicate to VA JJPMC SPS leadership when a contractor-provided technician will be absent, who the replacement technician will be, how soon they will be on site, etc. within two hours of being notified by the regularly scheduled technician that they will not be available for work. If the contract technician will be out for an extended period of time, this must be communicated to SPS leadership, along with who the replacement will be. The contractor should have additional Sterile Processing Technicians who have been cleared by them and VA JJPMC, and who have been oriented at VA JJPMC available to work as substitutes if needed.

J. WORK HOURS:

1. The services covered by this contract shall be furnished by the contractor as required, on call 7 days per week, 24 hours per day. The JJPVAMC shall not pay any additional compensation to the contractor for overtime expenses incurred by its performance of this contract. Sterile Processing Technicians will be scheduled to work 8-hour shifts (plus ½ hour break), for up to 40 hours Monday through Friday each week, or on weekends as needed. Contract technicians will be scheduled to work on an as needed basis. The tour of duty that they will be scheduled to work is based on the needs of the department; the contract technicians cannot be guaranteed to work a particular shift for their duration at VA JJPMC. Contract technicians will be scheduled to work shifts depending on the status of recruitment at VA JJPMC.

a. The following are tours of duty:

10:00AM – 6:30PM (incl. ½-hour break) 3:00PM – 11:30PM (incl. ½-hour break)

b. Contract Sterile Processing Technicians must work the tour of duty requested by SPS leadership. They cannot make their own schedule.

c. Overtime is any hours in excess of 40 hours in a work week (Monday to Friday). Overtime shall be allowed as part of this contract in extraordinary circumstances.

2. Federal Holidays will not be worked by contract staff. Federal holidays include the following days:

Independence Day

Exception: If the President of the United States declares a holiday by executive order and the schedule cannot be amended without causing a burden on VA JJPMC, the contract staff can work the holiday at the regular rate.

K. REPORTING FOR DUTY: Technicians providing service under this contract shall report directly to the SPS upon arriving at the JJPVAMC. The contract technician shall complete contractor provided time sheets and request signature of the time sheet by the Chief, SPS, Assistant Chief, SPS, or Supervisor. SPS leadership staff will retain a copy of the signed timesheet. Times recorded on the time sheet shall be actual time spent working at the JJPVAMC and shall not include travel time, standby time or any other form of pay.

L. LIMITATION ON VA HOURS: Payment for any leave, including sick leave, holiday or vacation time, is the responsibility of the contractor.

M. PERIOD OF PERFORMANCE: 120 workdays plus 120 workdays option.

N. EXTENT OF OBLIGATION: The Government is obligated only to the extent of calls that are actually made against the contract. It is understood and agreed that this document in no way obligates VA JJPMC to purchase any minimum quantity.

O. PRICING: The prices to the Government shall be as low as, or lower than those charged the supplier’s most favored customer, in addition to any discounts for prompt payment.

P. INVOICING: A summary invoice shall be submitted to the appropriate facility monthly for the hours contract staff worked during the billing period. Payment will be made for the hours worked by contract staff and not by a predetermined weekly or monthly estimate.

Q. AGREEMENT MONITORING:

1. Upon receipt of contract technician’s time sheet, JJPVAMC Chief, SPS, Assistant Chief, SPS or Supervisor shall verify the times and sign the original. The Assistant Chief, SPS or Supervisor shall retain one copy, and forward the original to the Chief, SPS. Contractor invoices shall be compared with actual time sheets.

2. Assistant Chief, SPS or Supervisor shall identify any performance issues, in writing, to the Chief, SPS. The Chief SPS or designee will notify the contractor, requesting disciplinary action or no future scheduling at VA JJPMC.

R. CONTRACTOR RESPONSIBILITIES

1. The Contractor shall provide all necessary contract sterile processing technicians upon request of VA JJPMC to include:

a. Find sources for requested contract-staff positions and shifts.

b. Provide contract-staff selection choices to the Chief, SPS.

c. On-board the selected contract-staff

d. Maintain required documents.

e. Off-board contract-staff when no longer needed.

f. Pay the contract-staff who performed services.

g. Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

h. The Contractor shall:

i. Provide a timesheet to track agency staff hours.

ii. Ensure that all contract personnel participate in VA defined orientation procedures applicable for newly assigned contract personnel to include regulations specific to the profession or class to which he/she belongs, local VA policy and procedures, and VHA policy and procedures. Orientation may consist of self-paced written/on-line education, classroom hours and/or unit orientation and hands-on skill validation.

iii. Prescreen all personnel requiring access to the computer system to ensure they are eligible for employment, and are able to read, write, speak and understand the English language.

S. GOVERNMENT RESPONSIBILITIES:

1. Government will provide sufficient information about its specific needs so that the contractor can match the skills and experience of the contract sterile processing technician to those needs.

2. Government will be responsible for compliance with all relevant safety and health laws and regulations during the period of a contract technician’s assignment under Government supervision, including but not limited to Joint Commission regulations relating to orientation and evaluation and information security/privacy regulations.

3. The Government will provide Contracted Personnel with all necessary site-specific training, orientation, equipment and evaluation required by federal, state or local occupational safety laws or rules, including Joint Commission for members of the Government’s workforce.

4. The Government will provide the uniforms (scrubs) and appropriate attire for Contracted Personnel.

5. The Government will provide all medical supplies and equipment to Contracted Personnel needed to perform all duties as assigned.

6. The Government will provide a VA ID badge (e.g., a VA-issued contractor PIV ID badge).

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 and manage 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 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. J Peters VA Medical Center (JJPVAMC) 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 JJPVAMC 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 JJPVAMC. 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 JJPVAMC 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 JJPVAMC 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 JJPVAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public JJPVAMC 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. JJPVAMC 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 JJPVAMC 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 Federal records are required to take VHA-provided training, as specified by the JJPVAMC Privacy Officer. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flow down of requirements to Subcontractors

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