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Market Research Questionnaire

The purpose of this document is for market research. This document does not commit or obligate the Government in any manner. Please complete all fields and provide documentation to support your responses below. Failure to respond fully to this questionnaire will render your response incomplete and your company s response will not be considered a viable source. Fill in the form completely and send to maria.teodoro-tanksley@va.gov no later than
24 Sep 2021, 1:00 pm PST. Refer to Response to SS 36C26121Q1197 in the subject line of your email.

1a. Service Title: Janitorial Services
1b. Service Brief Description Janitorial Services at VA Community Based Outpatient Clinic
at 45 Mohouli Street, 1st floor, Hilo, HI 96720

Company Information:
Company legal name:
POC: Email: Phone:
DUNS#:
Cage Code:
6. System for Award Management (SAM) Registered? Any exclusions:
7a. NAICS: 7b. Business Size:
7c. If SDVOSB or VOSB, are you registered in Vendor Information Pages (VIP)?
https://www.vip.vetbiz.va.gov/

8a. Any proposed payment terms?

Does Service Contract Act apply? (Y/N)

Any unique terms and conditions required:

Past Experience: (Note past experience is not required to be considered.
List company s past experience providing this service with the Federal government?
Product Contract # Agency Govt POC Name Phone Email

Note: Additional items can be added on continuation page

Service Information:

Price per unit:
Desired line item structure, e.g. what is the unit of measure for invoices? (Per hour, per job, per month, per square foot)

14. Please provide pricing information for previous projects:

Size Status Information:
The primary purpose of this acquisition is to provide the following actions: See attached PWS

15a. Of the service actions listed above, which one(s) will your company perform as the prime contractor using its own personnel without subcontracting?

15b. With respect to the service actions listed above, which action(s) do you intend on subcontracting or using other than your company s own personnel?

15c. Of those services that will be performed by subcontractor(s), approximately what percentage will they perform for each of the actions identified?

15d. What is the size status of the intended subcontractor(s)? (Note, SDVOSB/VOSB subcontractors must also be certified in VIP.) ________________________

15e. If you intend on subcontracting, please detail how you will be in compliance with the Limitations on Subcontracting.

Performance Work Statement (PWS)
VA HILO CBOC- HI
SCOPE
Contractor shall furnish all necessary management, supervision, labor, tools, equipment, material, supplies, and consumable to provide janitorial services.
Department of Veterans Affairs Community Based Outpatient Clinic (VACBOC)
Address: 45 Mohouli Street, 1st floor, Hilo, HI 96720
Total Square Footage: 10,500
A.1. BASIC CLEANING SERVICES
The contractor shall accomplish all cleaning tasks in keeping with industry standard to meet requirements of this PWS and the minimum cleaning frequencies establish herein. Contractor shall have no more than five COR documented customer complaints per month, per section.
A.1.1. ACRONYM: CO Contracting Officer; COR Contracting Officer s Technical Representative; VAMC VA Medical Center.
A.1.2. Hours of Operation: Cleaning of this facility shall take place Monday through Friday between the hours of 4:00 pm and 6:00 pm except Federal Holidays. The CBOC staff will be onsite during this timeframe. The COR must approve any changes to the contractor s schedule in advance.
A.1.3. Maintain Floors: All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped, dry buffed and spray buffed as needed to ensure they have uniform, glossy appearance and are free from dirt, debris, dust, scuff marks, other stains and discoloration , and other foreign matter. Baseboards corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position.
A.1.4. Remove of Trash: All trash containers shall be emptied and returned to their initial location. Boxes, cans, and papers placed near a trash receptacle and marked TRASH shall be removed. Any soiled or torn plastic trash receptacle liners shall be replaced. The trash should be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter and free of odors.
A.1.5. Clean and Disinfect: Completely clean, disinfect and polish all dry surfaces of exam tables, drinking fountains, sinks and plumbing fixtures. After cleaning, receptacles will be free of deposits, dirt, streaks, and odors.
A.1.6. Clean Interior Glass/Mirror: Clean all interior glass in doors, partitions, walls, display cases, directory boards, etc. After glass cleaning, there shall be no traces of film, dirt, smudges, water, or other foreign matter.
A.1.7.1. Clean Carpets/Floor Tiles: Spot clean or shampoo dirty carpets and/or floor tiles over an area of two square feet or less. Spots shall be removed immediately.
A.1.7.2. Vacuum and Clean Floor Mats: Vacuum and clean interior and exterior floor mats. After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil, and other foreign matter. Soil and moisture underneath mats shall be removed, and mats returned to their normal location.
A.1.8. General Spot Cleaning: Perform spot cleaning on a continual basis. Spot cleaning includes, but is not limited to, removing or cleaning smudges, fingerprints, marks, streaks, spills, etc. from washable surfaces of walls, partitions, vents, grillwork s, doors, door guards, door handles, push bars, kick plates, light switches, temperature controls and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil.
A.1.9. General Dusting: All horizontal surfaces shall be dusted or cleaned to eliminate dust collection.
A.2. BASIC RESTROOM CLEANING SERVICES
The contractor shall accomplish all cleaning task to meet the requirements of this PWS and the minimum cleaning frequencies established herein. Contractor shall have no more than five COR documented customer complains per month, per section.
A.2.1. Clean and Disinfect: Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, shower s, shower mat, dispensers, plumbing fixtures, saunas, partitions, doors, walls, and other such surfaces, using a germicidal detergent. After cleaning, receptacles will be free of deposits, dirt, streaks, and odors. Disinfect all surfaces of partitions, stalls doors, entry doors (including handles, kick plates, ventilation grates, metal guards, etc.), and all wall areas adjacent to wall mounted lavatories, urinals, and toilets.
A.2.2. Descale Toilets Bowls: Descaling shall be performed monthly at a minimum and as often as needed to keep areas free of scale, soap films, and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine, and rust stains.
A.2.3. Sweep and Mop: After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust, and debris. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or even an evidence of soil, stain, film or standing water. Movable items shall be tilted or moved to sweep and damp mop underneath. Floors shall be stripped, scrubbed, waxed, etc. as necessary to maintain sanitary conditions and a clean, uniform appearance.
A.2.4. Stock Restroom Supplies: Contractor shall ensure restrooms are stocked sufficiently so that supplies, including soap for the soap dispenser, paper towels, toilet seat cover and toilet paper, do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, the contractor shall refill within (5) hours of notification.
A.3. PERIODIC CLEANING SERVICES
D.3.1. Strip, Scrub and Wax Floors: Strip, scrub, seal, and wax floors as necessary to maintain a uniform glossy appearance. A non skid wax is required. A uniformed, glossy appearance is free of scuffmarks, heel marks, wax build-up, and other discoloration.
A3.2. Clean Interior Windows: Clean glass surfaces that are over seven (7) feet high. After surfaces have been cleaned, all traces of film, dirt, smudges, water, and other foreign matter shall be removed from frames, casings, sills, and glass.
A.3.4. Clean / Shampoo Carpets: ALL carpets shall be cleaned in accordance with standard commercial practices. A heavy-duty spot remover may be required in heavily soiled areas. After shampooing, the carpeted area will be uniformed in appearance and free of stains and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs, and other similar items. Chairs, trash receptacles and other items shall be moved to clean carpets underneath and returned to their original location.
A.3.5. Exam Rooms / Procedure Room Cleaning: All floors shall be cleaned and maintained per acceptable industry standards that reduce the risk of cross contamination to patients and staff.
A.4. EMERGENCY OR SPEACIAL EVENT CLEANING SERVICES
Upon notification, the contractor shall perform emergency or special event cleaning required in any building, area or room covered under this contract. The contracting officer shall order cleaning services through the issuance of a delivery order for the appropriate and required work/task. Contractor shall begin emergency work, as determined by the COR ant the contracting officer, within one hour of notification, which may be verbal. The contracting officer or designated representative will notify the contractor as soon as a special event requirement is known, but no less than twenty-four (24) hours prior to the event. Completion schedule will be determined for each delivery order.
A.5. CONTRACTOR FURNISHED ITEMS
All equipment, supplies (including paper towels, toilet paper, soap, etc.) are to be contractor-furnished. Contractor is responsible for having a chemical inventory on hand and Safety Data Sheets (SDS) at the VA Facility for all chemicals and cleaning agent used. Contractor will not use or bring in any chemical agent to the VA Facility without an SDS. The following are cleaners and germicides that have been approved by the VA Infection Control Committee and may be used for this contract: Pine Oil Soap Concentrated, Sanichlor (for toilet), Envy (fro counters), Sanifresh, Stainless Steel Cleaner (for sunk), Spearmint Germicidal Cleaner (for floors), Lysol I.C. Antimicrobial Soap (for hand washing).
A.6. GOVERNMENT FURNITURE ITEMS
The government will provide one room for contractor s use.
A.7. CONTRACTOR STAFF REQUIREMENTS
A.7.1 The contractor shall be responsible for ensuring all employees receive training appropriate for work in a medical office setting, for maintaining patient privacy, and have the appropriate background investigation completed. Any staff assigned for the performance of this contract shall have the ability to speak and read fluently in English. Reasonable accommodation will be provided whenever possible for a contractor employee with disabilities (i.e., hearing impaired, etc.).
A.7.1.1. The contractor is responsible for ensuring that janitorial personnel are trained in the proper utilization of personal protective equipment, wear such equipment as appropriate while cleaning, and are trained in proper cleaning procedures.
A.7.2. Shift Leader: The contractor shall appoint a supervisor for the work being performed under the terms of this contract. The supervisory housekeeper will be able to respond to the clinic site within 1.5 hours of notification by the COR.
A.7.3. Personnel Roasters: Current written rosters of all regular and alternate employees will be provided to the CO and COR. Employees not listed will not be allowed to work in the facility. (Also see paragraph A.7.6)
A.7.4. Alternate / Backup Employees: The contractor shall ensure sufficient backup employees are trained and have the appropriate background investigation completed.
A.7.5. Employee Physical Examination: Contractor s employees are required to have a physical examination prior to work on this contract. Each employee is expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract that are not in good physical health or pose a risk to patients. Contractor s personnel who acquired a communicable illness shall not perform service under this contract and shall be free of illness before returning to work.
A.7.6. Employee Background Investigations: Contractor s employees are required to have a background investigation initiated prior to performance on this contract. Please submit a list of employee names (first, middle and last); social security numbers; date of birth; place of birth; country of birth; and email address. Please also identify a contractor point of contact (POC); POC (business) address; POC phone number; and POC email address.
A.7.6.1. The contractor is ultimately responsible for the background investigation. Notification will be sent via email if additional information is needed, and the contractor must respond.
A.7.6.2. The contractor will be billed for each background investigation. The current rate is $210.00 each.
A.7.7. Records: Records of all employees training shall be maintained by the contractor and made available to the COR upon request.
A.7.8. Miscellaneous: Contractor personnel shall not consume food, snack, drinks or to tobacco products except during specified break periods in appropriate designated break/smoking areas. Unauthorized smoking, eating, theft or pilferage by contractor personnel shall constitute adequate cause for the Government to require the contractor immediately remove the offender(s) from employment on the medical facility premises for the duration of this contract.
A.8. QUALITY CONTROL/ QUALITY ASSURANCE
A.8.1. Quality Control: The contractor shall develop and maintain a quality program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. At a minimum, the contractor shall develop quality control procedures addressing the areas identified in sections A.1., A.2., A.3. and A.4. In compliance with clause FAR 52.246-4 entitled Inspection of Services the contractor shall provide a Quality Control Plan that contains, at a minimum, the items listed in paragraph A.8.1.1. through A.8.1.4. to the contracting officer for acceptance not later than the pre-performance conference. The contracting officer will notify the contractor of acceptance or required modification and obtain acceptance of the plan by the contracting officer before the contract start date. The plan shall include:
A.8.1.1. A description of the inspection system to cover all services specified in the PWS. Description shall include specific as to areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title and organization placement of the inspectors. Additionally, control procedures of any government provided keys or lock combinations should be included.
A.8.1.2. A description of the methods to be used for identifying and preventing defects in the quality of service performed.
A.8.1.3. A description of the records to be kept to document inspections and corrective or preventive actions taken.
A.8.1.4. The records of inspections shall be kept and made available to the government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.
A.8.2. Contractor Quality Control Program: Contractor shall have a quality control program to assure all requirements of the contract are provided as specified. The program shall be continuously improved and is therefore documented in loose-leaf manual format. The program shall include, but is not limited to, the following:
A.8.2.1. Written work instructions/procedures, procedures, and product descriptions to implement contractual obligations. The preparation and maintenance of, and compliance with, these instructions shall be audited as a function of the Contractor s Quality Program to assure compliance with or timely changes to the instructions. The COR shall be on document distribution for all formalized changes to the Contractor s Quality Control Program. The COR will request corrective action to improve the quality of patient care or cure damage to the facility.
A.8.2.2. A method of early detection and correction of assignable conditions adverse to the quality of service, to include analysis or corrective action records (including customer complaints) in order to determine causes of defects. This method will include providing timely written explanation/documentation of the defectiveness and correction of cause in respond to Government corrective action requests also include bacteriological monitoring when necessary.
A.8.2.3. Written work instructions in accordance with paragraph A.8.2.1. for maintenance and use of inspection records and audit documentation. The quality control program shall assure the records are complete and reliable. Reliable records are objective evidence of the existing or past quality of service.
A.8.2.4. Written work instruction in accordance with paragraph A.8.2.2. to implement quality trend analysis and documentation of management action taken as a result of the analysis of quality data (including contractor and government records, complaints, and audit result).
A.8.3. Quality Assurance Monitoring
a. The Government will monitor the contractor s performance to assure that the performance thresholds and standards of performance are met in accordance with the PWS. In accordance with FAR 52.212-4 (a) Inspection/Acceptance the Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.
b. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards describe the minimum acceptable level of the service required for each task. These thresholds are critical to mission success.
c. The Government COR will evaluate the services required by each task order to ensure compliance.
d. The contractor shall perform all work required by the task orders in a satisfactory manner in accordance with the appropriate PWS task order sheet. The COR will not consider the task completed until all deficiencies have been corrected.
e. The Government COR will inspect all work task required by the task order sheet to ensure contract performance on a monthly basis utilizing the attached work inspection sheet.
f. The Government COR will receive complaints from facility personnel and pass them on to the contractor s quality inspector for correction.
g. The inspection period is monthly with twelve one-month periods during the year. Inspection period will be from the first of the month through the last day of the month. The COR should receive no more than (5) complaints. The COR will record results of the inspection, noting the date and time of the inspection. If inspection indicates unacceptable performance, the COR will notify the supervisor or quality inspector. The contractor shall be given two hours after notification during shift hours to correct the unacceptable performance. Report period is monthly. However, complaints are by task.
h. More than (5) COR documented complaints during the report period will result in a decrease of the monthly billing of one percent (1%) by facility at the end of the report period.
A.9. BUILDING SECURITY AND CONSERVATION
A.9.1. As the cleaning staff will perform tasks after clinic is closed, the contractor shall be responsible for arming/disarming the security system. Instructions will be provided during the post-award orientation conference prior to commencement of work.
A.9.2. Written work instructions are required to implement the requirement for building security. The contractor shall be provided keys or allowed access to all buildings and rooms/areas requiring cleaning. Keys or badge access to the clinic area will be provided during the post award orientation conference. The Government may choose to accompany contractor personnel when in certain secured areas. Keys provided to the contractor shall not be duplicated or removed from the premises of all the VAMC. All keys not issued for the day shall be retained in the designated locked key box. Only shift leaders will be issued a master key and it shall be in their possession white they are on duty. The contractor shall be responsible for immediately reporting the occurrence of a lost key to the COR or the Chief of Safety & Security. The Government at the contractor s expense (including rekeying all doors that were affected by the lost key) shall replace any key lost by contractor personnel. In the event a master key is lost or duplicated, the Government shall replace all locks and keys on that system and the total cost deducted from the monthly payment due the contractor. If a standard key is lost, the Government shall replace the lock for that room and the total cost deducted from the monthly payment due the contractor.
A.9.3. Contractor s employees shall not allow anyone use of any key in their possession. They shall not open locked rooms or areas to permit entrance by persons other than contractor employees performing assigned duties. All rooms/areas unlocked for cleaning shall not be left unattended during the cleaning process and shall be locked by contractor personnel after completion of cleaning duties.
A.9.4. If any difficulty is encountered in keeping areas locked or windows closed, the COR shall be notified.
A.9.5. Contractor personnel shall turn off all lights they turned on when entering an area.
A.9.6. The contractor shall provide evidence that its employees are trained for providing janitorial services for healthcare facility in all aspect of cleaning and in the use of all chemicals utilized by the contractor. The contractor shall ensure that a minimum of 20 hours job specific training is conducted per year. Training shall include the following:
A.9.6.1. Minimum Contractor-Furnished Training: Initial training shall cover the following topics listed 29 Code of Federal Regulation (CFR) (Labor) 1910.1-1910.1450 and include the item listed below. Training should not be less than full days.
A.9.6.2. General orientation of basic bacteriological concepts, including the basics of how disease is caused and transmitted, how it can be prevented, reduced, or contained through proper environmental sanitation methods.
A.9.6.3. Infection control orientation, relating duty functions to the technical provisions of this specification.
A.9.6.4. Proper use and handling of germicidal detergents, supplies, and equipment.
A.9.6.5. Care and maintenance of contractor and government furnished properly.
A.9.6.6. Familiarization with local fire prevention and safety procedures.
A.9.6.7. Familiarization with applicable facility policies/regulations and their effect on sanitation services.
A.9.6.8. Familiarization with the contractor s procedures manual
A.9.6.9. Individual duties and responsibilities
A.9.6.10. Procedures for replenishing cleaning supplies and obtaining equipment repair.
A.9.6.11. Role of contractor s personnel in the facility and their impact on patient care
A.9.6.12. Techniques/methods for measuring quality of work performance.
A.9.6.13. Basic orientation to the facility, function, mission, goals
A.9.6.14. Facility emergency fire and disaster program
A.9.6.15. Hazardous Communication Standard
A.9.6.16. Utility Operation
A.9.6.17. Standard Precautions
A.9.6.18. Emergency Preparedness
A.9.6.19. Body Mechanics/Lifting
A.9.6.20. Accident Reporting
A.9.6.21. Sexual Harassment
A.9.6.22. Ethics
A.9.6.23. Refresher Training: The contractor is required to provide employees annual refresher training within 30 days of the exercise of each option year. Records of all employee refresher training shall be maintained by the contractor and submitted to the COR within 30 days of such training to verify that refresher training has been accomplished. The contractor shall notify the COR as to when new annual training is required.
A.9.6.24. Developmental Training: The contractor shall plan for developmental employee training session for all employees at a frequency of no less than monthly. At all times the contractor shall maintain a current series of three monthly programs. The proposed initial program plans, including topical outlines with a brief statement of content and approximate length of programs, shall be available for review by the CO prior to award. Developmental training shall include, but not be limited to, updating in the areas referred to in section D.11. and developmental topics such as communication, individual behavior, group behavior and motivation.
A.10. SAFETY REQUIREMENTS
A.10.1. The contractor shall take safety precautions as are necessary to protect the lives and health of the occupants of the building during performance of contract requirements. The contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel.
A.10.2. Handling of Infectious Medical Waste ( Red Bag Waste and Sharps ) Containers: The contractor s employees may be required to collect biohazard Red Bag waste and solid, enclosed Sharps containers from the medical facility exam and treatment rooms, and to deposit the bags and containers in designated biohazard waste containers (usually located outside and at the rear of the facility in a locked cage or storage facility).
A.13. QUALIFYING CORPORATE EXPERIENCE REQUIREMENTS
Offers will be considered only from firms who are, in the judgment of the contracting officer, well-established in the janitorial business, are financially responsible and able to show evidence of resources, experience and qualifications necessary to render service under the contract.
A.14. DESIGNATION OF CONTRACTING OFFICER S REPRESENTATIVE (COR)
A Representative of the contracting Officer (COR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.
A.15. The contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the PWS, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting officer. No oral statements of any person whosoever will in any matter or degree modify or otherwise affect the terms of this contract.
A.16. SITE SPECIFIC REQUIREMENTS
A.16.1 DAILY
a. Empty trash receptacles in accordance with paragraph A.14.
b. Dust mop and Damp mop in accordance with paragraph A.13.
c. Spot clean and vacuum all carpeted areas in accordance with paragraph A.1.7. through A.1.7.2.
d. Clean glass / mirror in accordance with A.1.6.
e. Disinfect exam tables, sink and drinking fountains in accordance with paragraph D.1.5.
f. Disinfect cabinets in exam rooms, top of shelves: free standing gooseneck light fixtures, and vinyl chairs.
g. Clean and restock restrooms in accordance with section A.2.
h. Clean the entrance walkways and stairways.
A.16.2. WEEKLY (FRIDAYS)
a. Spot clean all walls, doors, and frames.
b. Clean storage areas, clean, organize and restock janitorial storage area.
c. Clean elevator walls, doors, and floor.
d. Clean and vacuum vents, fans, and upholstered furniture.
e. Descale restrooms in accordance with paragraph D.2.2.
A.16.4. QUARTERLY SERVICES (FEBRUARY, MAY, AUGUST, AND NOVEMBER FIRST WEEK)
a. Clean the air conditioning registers and clean the ceiling tile next to the registers.
b. Strip and wax all floors. In the exam rooms, furniture must be removed prior and then replaced. Baseboards shall also be cleaned.
c. Shampoo all carpeted areas to include moving and replacing furniture.
A.16.5. SEMIANNUALLY (MARCH AND SEPTEMBER-FIRST WEEK)
a. Wash inside and outside of all windows and clean all screens.
b. Clean all upholstered furniture (upstairs and downstairs)
c. Pressure wash front entrance and stairs on both sides.
A.16.6. ANNUALLY (NOVEMBER-FIRST WEEK)
Wash all Venetians blinds ( or windows covering): vacuum all drapes in place.

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:

ADD THE FOLLOWING 11 ITEMS TO THE PWS (PWS):

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.  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.