v5 SOW CFA Exhaust Fan with NARA.doc

Center for Aging (CFA) Emergency Exhaust/Supply Fans Repair VA Pacific Islands Health Care, Tripler Army Medical Center Honolulu, Hawaii

Sample SCOPE OF WORK (SOW):

The Contractor shall provide complete services for at Center for Aging (CFA), located at 459 Patterson Road, Building 110, Honolulu, Hawaii 96819.

1. CFA service all 14 exhaust fans and 1 fresh air supply fan:

a. At a minimum, work will involve cleaning, greasing, and replacing of drive belts. Contractor to check motor operations, electrical components, wiring, and any other components associated with the exhaust fan that impact its operation. Work onsite will only involve replacement of fan belts, overall cleaning, and greasing of bearings for all exhaust and supply fans, and repair or replacement of fan motors, shaft bearings, or electrical service equipment to the fan unit (switches, contactors, relays, or other associated items) as determined necessary by the contractor; Contracting Officers Representative shall have final approval of repairs and parts replacement.

b. Contractor shall provide all submittals, daily reports, and safety documentation to the Contracting Officers Representative.

c. All work to be performed on the exterior of the building, no work can be completed inside the building except for the Fresh Air Supply Fan (located in A11C, Bio-med workshop). Should the contractor require any access to the interior of the building to complete work, they shall notify the Contracting Officers Representative immediately.

d. One exhaust fan and one fresh air supply fan is servicing the kitchen. Shutting down of kitchen fans shall be executed when the kitchen is not operating. Those times can be determined once on-site. All other exhaust fans are servicing the restrooms of patient areas or mechanical rooms. There are no known hazards being exhausted from the restrooms, the kitchen, and the mechanical rooms.

e. Access to rooftop shall be accomplished by a man-lift. No walking on the rooftop is permitted. Note, there are no tie off points installed on the roof. If at any point during the work, the contractor does get out of the lift cage and walks on the roof, any resulting breakage of the roof tiles shall be repaired or replaced by the contractor immediately (same day) to maintain the roof’s waterproof integrity. Costs for the roof repair shall be borne by the contractor. Special care must be taken while maneuvering the man lift on property to avoid damage to the lawn (laying down of plywood or similar is recommended), in-ground lawn lighting, and irrigation valves, sprinklers, and components.

f. Contractor to provide a report of site survey to the Contracting Officer/Contracting Officers Representative and identify if any additional components are required to be replaced in order to get them functioning. No parts will be ordered and replaced without consent from the Contracting Officer or Contracting Officers Representative

g. Contractor shall furnish all labor, material, and repair parts required to service all exhaust and supply fans up to the agreed upon contract amount. Any amount that exceeds the contracted dollar amount shall be presented to the Contracting Officers Representative for special handling. The intent of this contract is to provide fully functional exhaust and supply fans.

h. Contractor shall provide all Site-Specific Safety Plan (SSSP), Infection Control Risk Assessment (ICRA), Activity Hazard Analysis (AHA), Quality Assurance and Quality Control Plan, Permits, and all certification of the assigned, Competent Person. Competent Person shall be the site safety individual.

2. The Contractor shall coordinate with Contracting Officers Representative and clinic staff to determine final schedule of work. Work may commence during normal business hours. Normal business hours are 7:00 am to 3:30 pm weekdays Monday to Friday. Weekend work can be pre-arranged ahead of time.

3. Federal Holidays: National holidays observed by the Federal Government are:

· New Year’s Day, January 1

· Martin Luther King Day, Third Monday in January

· Presidents’ Day, Third Monday in February

· Memorial Day, Last Monday in May

· Juneteenth, June 19

· Independence Day, July 4

· Labor Day, First Monday in September

· Columbus Day, Second Monday in October

· Veterans’ Day, November 11

· Thanksgiving Day, Fourth Thursday in November

· Christmas Day, December 25

4. Pre-Walk

a. The job site inspection shall also determine any access or disposal issues. Contractor shall be responsible of disposing replaced parts, equipment, and any materials.

5. Period of performance is 10 working days. The VA shall not be held liable for any delays due to weather, and or contractor equipment breakdown.

6. The Bi-Annual service need is anticipated to be for a Base Year, and up to Five Option Years.

7. After the initial servicing and repairs are conducted, the next service shall be 6 months thereafter.

NARA Records Management Language for Contracts (May 2017):

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

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. [FACILITY] 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 [FACILITY] 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 [FACILITY]. 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 [FACILITY] 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 [FACILITY] 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 [FACILITY] policy.

8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] 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 [FACILITY] 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 [FACILITY] 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. 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

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.