1230--ACE FIRE EQUIPMENT & SERVICE CO, INC |

Statement Of Work SERVICES The contractor shall provide services for fire extinguisher include monthly and annual maintenance of fire extinguishers as well as conducting routine inspections and testing such as a monthly inspections and annual inspections and the periodic hydrostatic test for: 5lb. capacity dry chemical ABC fire extinguishers, 10lb. CO2 fire extinguishers, 10lb. Purple K fire extinguishers and 50 lb. CO2 fire extinguishers. Contractor will conduct fire extinguisher monthly, annual, and hydrostatic test for the Department of Veterans Affairs San Francisco Health Care System (VASFHCS) located in San Francisco, California. The Contractor will be responsible for developing and maintaining a record of annual service requirements and due dates for portable fire extinguishers located within the VASFHCS. The Contractor shall perform all monthly, annual inspections and hydrostatic tests, which shall include all labor, materials, and transportation of extinguishers. Additionally, all service provided by the Contractor must comply with current NFPA 10 guidelines for fire extinguisher maintenance, which includes the monthly, annual service and periodic hydrostatic testing. SCOPE OF WORK Contractor to conduct onsite monthly inspections, and annual inspections at the Locations of Work listed above. The contractor will be responsible for identifying the different types of extinguishers by type and size and create an inventory vis a survey of the facility and maintain a written inventory record by specific location of the required monthly, annual, and hydrostatic due dates as listed by NFPA and maintain in an MS acceptable document such as Word or Excel for the convenience of VASFHCS. VASFHCS will assist by supplying old records of extinguisher locations. Contractor will provide backup fire extinguishers when it is necessary to take a fire extinguisher that is in use out of service for any period of time for maintenance or recharge. Contractor will provide 10 spare ABC 10lb extinguishers for the Safety Office as on-hand back-ups. The contractor will maintain and ensure the list of all fire extinguishers and their maintenance due dates are kept current for hydrostatic test collars and annual tags. The scheduled monthly inspections should be scheduled a minimum two (2) weeks in advance with the Contracting Officer Representative for all Locations of Work listed above and annotated on the inspection tag and via electronic record. Inspection tag shall have contractor s identifying information on it. Fire Extinguisher Inspection Requirement: Each fire extinguisher in the workplace is required to have an annual / monthly inspection. Standards required by NFPA 10 may include: Monthly Inspections: Check visibility and accessibility: Identify if a fire extinguisher is easily visible. It should not be blocked by any equipment or other objects that would make it difficult to be accessed during an emergency. If portable fire extinguishers other than wheeled types are inside an unlocked glass cabinet or similar containment unit, make sure that the access door is in serviceable condition. If not record on monthly record and include as part of documentation to the COR. Examine the physical state. Pick up the fire extinguisher to closely check for labeling, overall condition, and physical defects: Look for the fire extinguisher s serial number, and check if the fire extinguisher label is readable. Check if the cylinder and other external metal parts are free of corrosion, dents, and other signs of damage. Check the connection between the hose and cylinder is secure. 2.4.1.2.1.4. Inspect if there are cracks in the hose or leak in the nozzle. Ensure the pressure gauge is in the operable range or position. Check if the locking pin goes through the holes of the discharge lever and handle and if the pin is secured well by the seal. If there are items requiring replacement, replace the extinguishers and include as part of documentation to the COR. Inspection Tags or Labels. Each fire extinguisher shall have a tag or label securely attached that indicates that maintenance was performed. The tag, label, and/or verification-of-service collar located around the neck of the container will conform to NFPA guidelines. ESTIMATED QUANTITIES MONTHLY Fire Extinguisher checks at the following locations: Location # of Fire Extinguishers Note: number of extinguishers may change due to areas under construction or renovation. Current number approximately 500 +/- 5% at any given time. Note: construction contractors required to use their own in off limits areas; SFVAHCS third party provided extinguishers are to be removed from construction / renovation areas not under SFVAHCS control. FT Miley Main Campus ABC Dry 550 +/- 5% FT Miley Main Campus 10lb K 2 FT Miley Main Campus 50lb CO2 1 FT Miley Main Campus 10lb CO2 7 FT Miley Main Campus 15.5lb Halotron 6 CBOC (San Bruno) 15.5lb Halotron 1 CBOCs All Locations ABC Dry (Santa Rosa South not included) 110 +/- 5% ANNUAL Fire Extinguisher Checks at the following locations 1x per year in the month of January. Location # of Fire Extinguishers Please see attached inventory as starting reference. Contractor shall update to reflect current status. Note: number of extinguishers may change due to areas under construction or renovation. Current number approximately 500 +/- 5% at any given time. Note: construction contractors required to use their own in off limits areas; VASFHCS third party provided extinguishers are to be removed from construction / renovation areas not under VASFHCS control. FT Miley Main Campus ABC Dry 550 +/- 5% FT Miley Main Campus 10lb K 2 FT Miley Main Campus 50lb CO2 1 FT Miley Main Campus 10lb CO2 7 FT Miley Main Campus 15.5lb Halotron 6 CBOC (San Bruno) 15.5lb Halotron 1 CBOCs All Locations ABC Dry 110 +/- 5% As needed monthly, annual, or emergency fire extinguisher pickups or exchanges will be made to replace used or damaged fire extinguishers. INSPECTIONS / LOCATIONS REQUIRED The contractor will coordinate inspections with the COR two (2) weeks prior to inspection and/or testing. The COR will request facility access via VA Badge or Physical Key through Facility Management Engineering Services. The contractor will check out all necessary facility keys to conduct inspection/testing prior to start of work and return keys no later than 2:00pm to the Facilities Management Engineering Service on the same day. In addition to the main SFVAHCS campus, the following Clinics require annual and monthly inspections and will require contractor provided travel to the locations unless otherwise directed by the COR: CLINIC ADDRESS Clearlake CBOC 15145 Lakeshore Drive Clearlake, CA 95422 Oakland BH&SA Clinic 525 21st Street Oakland, CA 94612 Ukiah CBOC 620-630 Kings Court Ukiah, CA 95482 Oakland OPC 2221 Martin Luther King Jr. Way Oakland, CA 94612 Mission Bay-Research Lease 1700 Owens Street San Francisco, CA 94158 Santa Rosa North CBOC 3841 Brickway Blvd. Santa Rosa, CA 95403 San Francisco CBOC 401 Third Street and 671 Harrison Street San Francisco, CA 94107 San Bruno CBOC 1001 Sneath Lane San Bruno, CA 94066 Eureka CBOC 930 West Harris Street Eureka, CA 95503 REPORTS REQUIRED Monthly fire extinguisher inventory and service report for the main campus and each clinic location no later than 15 days after the end of the service month. Annual fire extinguisher inventory and service report for the main campus and each clinic location no later than 30 days after the end of the annual period. Periodic fire extinguisher hydrostatic test service and schedule inventory by location. CONTRACTOR QUALIFICATIONS Contractor must be certified and/or licensed to perform specified work and provide a copy to the COR before commencing work. DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR) The Safety and Occupational Health Specialist designated by the Service and employed by the Department of Veterans Affairs San Francisco Health Care System is authorized to provide technical guidance, however the contractor can still communicate with the COR and will provide all reports to the COR. The COR will coordinate physical access via VA Badge and facility keys for the contractor. No escort will be necessary as the Contractor is required to have a minimum favorably adjudicated NACI background investigation. There foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated. INVOICE / PAYMENT All invoices shall follow instructions confined in the contract. CONTRACTOR SAFETY AND SECURITY REQUIREMENTS The contractor will follow the safety and security requirements outlined in the VA San Francisco Health Care Systems directives for personal suitability and security program (Attachment A). CONTRACTOR LICENSES AND PERMITS The Contractor must have and maintain a current valid license to perform fire extinguisher services. Contractor will maintain and provide all licenses and permits required by local authority. Copies must be provided to the COR. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS Upon contract award, all contract personnel, who will work more than six (6) months (180 days) under this contract, shall be subject to background investigation or screening per VA/VHA policy as delineated below, and must receive a favorable adjudication from the local VA facility or VA Security Investigations Center (SIC) depending on the type of investigation/screening required. This requirement is also applicable to all subcontract personnel. If the investigation or screening is not completed prior to the state date of the contract, the Contractor will not be allowed to proceed with inspections and/or testing. Contractor s personnel who previously received a favorable adjudication as a result of a government background investigation or screening may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re- investigation/screening. The position risk/sensitivity for this contract is designated as low risk, and the acquisition will not require services that involve connection of a contractor computer or remote connection from a contractor system to the VA internal network. BACKGROUND INVESTIGATION/SCREENING The background investigation commensurate with the required level of access is SAC. CONTRACTOR RESPONSIBILITIES Within five (5) business days of contract award, the Contractor shall submit or have their contract personnel provide any information or documentation required to conduct the background screening as required by the local VA facility or VA Contracting Officer. The following documents will be completed by each contracted employee and once these items are received, VA will pre-screen these items for completeness, and forward them to the appropriate party(s) in order to initiate the required background investigation(s) or screening(s) within fourteen (14) calendar days of appointment. Only after the VA Contracting Officer notifies the Contractor that the background investigation(s) or screening(s) was initialed, shall the Contractor be authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the state date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA. Standard Form 85, Questionnaire for Non-Sensitive Positions. Standard Form 85A, Continuation Sheet for Questionnaire. Optional Form 306, Declaration for Federal Employment. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice. Fingerprint Applicant Chart. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract. Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default. QUALITY MANAGEMENT QUALITY ASSURANCE Performance Objective PWS Paragraph # Performance Standard Surveillance Method Incentives Fire Extinguisher Certification and Recharge 5.2 100% compliance with OSHA Standard 1910.157, (NFPA 10) Random Sampling of certified extinguishers by the TPOC Contractor will be required to perform rework on illegible, visible defects to workmanship, illegible or misidentified tags. GOVERNMENT RESPONSIBILITIES The COR will be responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein. Upon receipt, the local VA facility or VA SIC, will forward these items to OPM to conduct their portion of the background investigation or screening, as applicable. The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any. Depending on the type of investigation/screening required, the local VA facility or VA SIC will notify the VA Contracting Officer after adjudicating the results of the background investigation or screening. The VA Contracting Officer will ensure that the required investigations or screening have been completed or are in the process of being requested. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19 Contractor employees who work in or travel to VHA locations must comply with the following: Documentation requirements: If fully vaccinated, contractors shall show proof of vaccination. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination. If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test that includes an affiliated telehealth service. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced. APPENDIX C VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE FOR INCLUSION IN CONTRACTS, AS APPROPRIATE NOTE: Any sections (1-14) which DO NOT apply should not be included in the Statement of Work (SOW), Performance Work Statement (PWS), Product Description (PD) or contract. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter contract ) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data General. VA information will not be co-mingled with any other data on the contractor s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations. The contractor s firewall and web services security controls, as applicable, shall meet or exceed VA s minimum requirements. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality- assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM). All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following: Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems. Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason. Contractor believes their own personnel or subcontractor personnel may pose a threat to their company s working environment or to any company- owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data. Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record. Contractor/subcontractor personnel have their authorization to work in the United States revoked. Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal. Contractors/subcontractors who no longer require VA accesses will return VA- issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO. TRAINING. This entire section applies to all acquisitions which include section 3. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems: VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter. Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document i.e., any role- based information security training]. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete. SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following: The date and time (or approximation of) the Security Incident occurred. The names of individuals involved (when applicable). The physical and logical (if applicable) location of the incident. Why the Security Incident took place (i.e., catalyst for the failure). The amount of data belonging to VA believed to have been compromised. The remediation measures the contractor is taking to ensure no future incidents of a similar nature. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages Reimbursement for Data Breach Costs. Privacy: Based upon a review of the PWS/SOW as presented, the contractor will not have access to VA sensitive information or PII/PHI to fulfill the terms of the contract. A BAA will not be required. 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: includes VHA records.  does not include personal materials. applies to records created, received, or maintained by Contractors pursuant to their VHA contract. may include deliverables and documentation associated with deliverables. C.  Requirements 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.  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.  In accordance with 36 CFR 1222.32, the 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.  VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230. 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 VHA 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). 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 VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.  The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.  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.  The VHA 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 VHA 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. 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 The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.  Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.