Page 2 of 2 Synopsis: PROJECT NUMBER: 657A4-23-300 PROJECT TITLE: Facility Master Plan Design CONTRACT INFORMATION a. This A-E Services requirement is being procured in accordance with the Brooks Act (Public Law (PL0582) and implemented in accordance with the Federal Acquisition Regulation (FAR) Subpart 36. Firms will be selected based on demonstrated competence and qualifications for the required work. b. This procurement is restricted to Service Disabled Veteran Owned Small Business (SDVOSB) firms. This requirement is being procured in accordance with the VAAR 836.606-73 as implemented in FAR Subpart 36.6. c. This is not a Request for Proposal and an award will not be made with this announcement. This announcement is a request for SF 330 s from qualified contractors that meet the professional requirements. d. The selection criteria for this acquisition will be in accordance with FAR 36.602-1 and VAAR 836.602-1 and are listed below in descending order of importance. The completed SF 330 will be evaluated by the Poplar Bluff VA Health Care System Evaluation Board in accordance with FAR 36.602-5(a) and the selection report shall serve as the final selection list, which will be provided directly to the Contracting Officer. The Government will not pay nor reimburse any costs associated with responding to this request. The Government is under no obligation to award a contract as a result of this announcement. e. Award of any resultant contract is contingent upon the availability of funds. f. No solicitation document is available and no other information pertaining to project scope, etc. is available at this time. Any request for assistance with submission or other procedural matters shall be submitted via email only to timothy.fitzgerald@va.gov . Personal visits to discuss this announcement will not be allowed. g. The NAICS Code for this procurement is 541310 Architectural Services and small business size standard of $11.0M. Award of a Firm Fixed Price contract is anticipated. Anticipated time for completion of design is approximately 330 calendar days including time for VA reviews. h. CONSTRUCTION BUDGET/DESIGN and CERTIFICATION LIMITATION: A/E will also be required to incorporate bid items into the bid documents that will allow for a 10% budget reduction. In accordance with 52.232-22, Design Within Funding Limitation (APR 1984), the estimated construction contract price FAR 36.602-5. FAR 36 estimated range between $250,000 and $500,000. i. DATABASE REGISTRATION INFORMATION: VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR THIS ACQUISITION IS 100% SET-ASIDE FOR QUALIFIED SERVICE DISABLED VETERAN OWNED SMALL BUSINESS AE FIRMS INCOMPLIANCE WITH VAAR 852.219-10. ONLY BUSINESSES VERIFIED AND LISTED IN THE VENDOR INFORMATION PAGES DATABASE, (http://www.Vetbiz.gov), SHALL BE CONSIDERED. j. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Registrations require that federal contractors register in the System for Award Management (SAM) database at www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their qualifications package. Any firm not actively registered in SAM by the date of receipt of the SF 330 and which does not list NAICS code 541310 in the Representations and Certifications section shall be considered non-responsive and shall be excluded from further consideration. k. THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person providing services under this contract. Further the contractor is required to certify that all persons listed in the qualifications package have been compared against the EPLS list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. l. E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall be required to enroll in E-Verify within 30 days of the contract award date. They shall also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54) m. A-E firms are required to respond if interested by submitting one (1) completed Standard Form 330 qualification package Parts I and II to include all consultants (form available on-line at: http://www.gsa.gov/portal/forms/download/116486) Must include in Part I Section H an organizational chart of the firm (excludes consultants) and a design quality management plan. Submission information incorporated by reference is not allowed. All submissions shall be made electronically. n. Completed package shall be delivered electronically on or before 09/23/2022 at 2:00PM Central Standard Time to the NCO 15 Contracting Office, Attn: Tim Fitzgerald, Contracting Officer at timothy.fitzgerald@va.gov. EVALUATION FACTORS: Selection Criteria are in accordance with Federal Acquisition Regulation (FAR) Part 36.602-5 and VA Acquisition Regulation (VAAR) Part 836.602-1. Prospective firms are required to address all selection criteria within submitted SF330 packages using additional pages as necessary. SF 330 submissions including any additional pages are not to exceed fifty (50) pages. Each page cannot exceed 8 1/2 x 11 in size. Qualifications (SF330) submitted by each firm for Project # 657A4-23-300 for Poplar Bluff VAMC will be reviewed and evaluated based on the following evaluation criteria listed below in descending order of importance : 1. TEAM PROPOSED FOR THIS PROJECT. Professional Qualifications: the qualifications of the individuals which will be used for these services will be examined for experience and education and their record of working together as a team. A&E firms shall have licensed professional architects and engineers currently registered in the state of Missouri or in a state of which Missouri has recognized the engineering license. The specific disciplines which will be evaluated are Architects, Civil Engineer, Mechanical Engineers, Electrical Engineers, Structural Engineers, Industrial Hygienists, Estimators, CAD operators, Project Managers, LEED Consultant, Fire Protection Engineer, and Interior Designer. 2. PREVIOUS EXPERIENCE OF PROPOSED TEAM. Provide detailed project information on any projects (that are complete - design and construction) the proposed team has worked together on in the last five (5) years. Special emphasis will be given to any medical facility related projects. If the entire team has not worked together previously, provide detailed project information that each of the team members have worked on in the last three (3) years with special emphasis on medical facility projects. The project information should include project titles, a short scope of work, date of design completion, date of construction completion, firms involved, etc. The A/E shall also describe if they have any experience completing a design that was started by another A/E firm. Provide the project title, scope of work, date of design start for this team, percentage of design when accepted by team and completion of design. 3. LOCATION AND FACIILITIES OF WORKING OFFICES: The geographic proximity of each firm to the location of the VA Medical Center will be evaluated. The medical center is located at 1500 N. Westwood Blvd., Poplar Bluff, MO 63901. The mileage restriction is in compliance with VAAR 805.207(b). This criterion will apply to the office from which the majority of the design services will be performed. Firms within 350 miles of the medical center will receive a maximum score. Firms more distant than 350 miles will receive a zero score for this criterion. 4. PROJECT CONTROL. Provide the plan on how management will control the design schedule and costs. How will the quality control reviews for each design discipline be conducted? How will coordination reviews between all design disciplines be conducted? Who conducts these quality control and coordination reviews? 5. CAPACITY TO ACCOMPLISH THE WORK. The general work load and staffing capacity of the design offices which will be responsible for the majority of the design and the ability to accomplish the work in the required time will be evaluated. In accordance with VAAR 852.219-10(c)(1), prime contractors shall clearly demonstrate how they will meet the requirement that at least 50 percent of the design work be accomplished by employees of the concern or employees of eligible service-disabled veteran owned small business subcontractor/consultant. 6. ESTIMATING EFFECTIVENESS. Provide information on the five (5) most recently awarded construction projects that were designed by this A/E team. Provide the project title, brief scope of work, A/E team s construction estimate total and actual construction award price. If the difference is greater than 10% explain why the A/E believes the difference was greater than 10%. If the team does not have any recent projects, provide the same information on projects that the prime A/E for this team was the prime A/E for the past projects. Provide the names, titles and experience of the persons that will perform the design for each discipline; and then has oversight of the entire estimate. 7. MISCELLANEOUS EXPERIENCE AND CAPABILITIES. For projects within the last five (5) years on each of the following: Provide information on projects that included surgery operating rooms where any A/E team member was a part of the design team. Provide the A/E team members experience with doing designs in Revit drawing software. Provide the A/E prime team member s experience with designing projects that must follow hospital infection prevention measures (ICRA) and interim life safety measures (ILSM). Provide the A/E team members experience with hazardous material abatement projects. 8. CLAIMS, TERMINATIONS AND LITIGATION. Claims and Terminations: record of significant claims against the firm or terminated contracts because of improper or incomplete architectural and engineering services will be examined. Provide information on any litigation involvement of the past five (5) years and the outcome. PROJECT INFORMATION The mission of the Veterans Affairs Poplar Bluff Health Care System (VAPBHCS) is to provide the highest quality health care to our nation s veterans. In order to accomplish this mission, VAPBHCS Facility Engineering Service (FES) intends to partner with an Architect/Engineer A/E or Engineer Firm for a design completion to conduct an update to the Medical Center s plan for facility growth and development. DESCRIPTION OF WORK The intent of this Project is to update the Medical Center s plan for facility growth and development as found in the Strategic Capital Investment Plan (SCIP). The Contractor shall build on previous facility strategic planning, SCIP, Facility Condition Assessment and the existing Facility Master Plan (FMP) Validation of the accuracy and projections will be required to develop the FMP. Additionally, a Facility Condition Assessment has been completed which will provide input into the FMP. The existing Facility Master Plan is not considered to be functionally accurate or implementable. Therefore, potential responders should anticipate the effort to be equivalent to creating a new plan. The A/E shall evaluate the advantages of build versus lease versus fee out decisions about capacity requirements. Cost, timing of need, availability of resources, duration of need and location of need relative to location of customer shall be considered. Additionally, the A/E shall evaluate the advantages of renovation versus new construction versus non-capital solutions regarding meeting capacity requirements. Condition of facilities to be renovated, the cost of renovations, the existing layout and functionality of existing space, physical limitations and constraints, as well as adjacencies of existing space to other key programs in the facility shall be considered. The A/E will work closely with the Medical Center s Integrated Planning Team (VA Team) during the duration of the Project. A Contracting Officer s Representative (COR)/Project Manager will be assigned as the primary point of contact for the Project and will be responsible for coordinating reviews, monitoring performance and compliance with technical requirements of the Contract, scheduling site visits and tracking progress to ensure the Project meets all milestones. The required work includes: Collect all necessary data that is provided by the VA and collected independently to include, but not limited to: Baseline Year Veteran population, enrollment, utilization, special population and local demographics data; Market and sector (sub-market) boundaries and service needs; Based on the 2021 market research data for the catchment area. Referral patterns; Drive time access and rurality analysis; VHA, VISN and Medical Center Mission and Vision Statements; VHA, VISN and Medical Center Strategic Plans Current Health Care Planning Model (HCPM) Market Reports Current Strategic Capital Investment Planning (SCIP) Gaps and Projects Integrated Master Market Plan based on the 2021 Market assessment Proposed Capital and Non- Capital Solutions based on current and shelf ready projects with the capability of expanding services. Current SCIP Strategic Capital Assessment Presentation Capital Asset Inventory (CAI) including Facility Condition Assessments (FCA), Capital Functional Survey Data, previously completed facility master plans (if available) Current facility drawings, including underground utilities Current facility project data (of ongoing work) and associated space implications Analysis of overall healthcare market conditions Current facility goals and strategic plans where available Joint Commission Statements of Condition Historic property listings Other local facility data, and other documents as may be appropriate and available Prepare a Basis of Study (BS) in the form of a narrative presentation of facts, sufficiently complete, to demonstrate that the project concepts are fully understood, and that subsequent study details, and their ultimate presentation in the final plan and reports, will be based on sound architectural and engineering decisions. Analyze data and prepare a Schematic Study that includes both a narrative and conceptual drawings demonstrating further development of the Basis of Study with the expressed intent of meeting or exceeding current VA Performance Measures, Design Guides and Access Requirements through spatial improvements to the facility by: eliminating gaps and/or surpluses in care; upgrading the facility to meet current life safety and building code requirements; correcting high priority (levels C, D and F) deficiencies as identified in the Facility Condition Assessment; increasing productivity; economizing space; improving ergonomics; improving ergonomics and aesthetics; enhancing overall appearance; reducing operational costs; and/or, extending the useful life of the facility through modernization of supporting architectural and utility infrastructure. Develop a Master Plan based on the approved Schematic Study that outlines systematic and logically phased/sequenced plans for improving the environment of care of all medical and administration functions at the Medical Center and Community Based Outpatient Clinics. Develop a 10-year Construction Phasing Plan based on the approved Master Plan that considers the impact of all in-progress and/or pending renovations and makes recommendations on the realignment of the facility s existing Strategic Capital Investment Plan (SCIP) for NRM, Minor and Major projects. Recommended Projects shall include cost estimates for design and construction. CONTRACT PHASING, TRAVEL AND BILLING Phase 1: Quality Assurance/Quality Control (QA/QC) Plan Phase 2: Data Collection and Basis of Study (BS) Phase 3: Schematic Study (SS) Phase 4: Development of Study (DS) Phase 5: Study Review (SR) Phase 6: Final Study (FS) VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors Contractor employees who work in or travel to VHA locations must comply with the following: Documentation requirements: If fully vaccinated, 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 and granted a medical or religious exception, 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. 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 following website: COVID-19 Screening Tool. Regularly check the website for updates. Contractor employees who work away from VA locations, but who will have direct patient 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. VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. Privacy represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal. This document satisfies the basic privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use or have access to any VA computer system such as Time and Attendance, PAID, CPRS, VistA Web, VA sensitive information or protected health information (PHI), whether paper or electronic. You will find this training outlines your roles and responsibility for protecting VA sensitive information (medical, financial, or educational) that you may incidentally or accidentally see or overhear. If you have direct access to protected health information or access to a VA computer system where there is protected health information such as CPRS, VistA Web, you must take Privacy and HIPAA Focused Training (TMS 10203). VA Privacy and Information Security Awareness and Rules of Behavior (TMS 10176) is always required in order to use or gain access to a VA computer systems or VA sensitive information, whether or not protected health information is included. Both trainings are located within the VA Talent Management System (TMS): https://www.tms.va.gov What is VA Sensitive Information/Data? All Department information and/or data on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes not only information that identifies an individual but also other information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions. What is Protected Health Information? The HIPAA Privacy Rule defines protected health information as Individually Identifiable Health Information transmitted or maintained in any form or medium by a covered entity, such as VHA. What is an Incidental Disclosure? An incidental disclosure is one where an individual s information may be disclosed incidentally even though appropriate safeguards are in place. Due to the nature of VA communications and practices, as well as the various environments in which Veterans receive healthcare or other services from VA, the potential exists for a Veteran s protected health information or VA sensitive information to be disclosed incidentally. For example: You overhear a healthcare provider s conversation with another provider or patient even when the conversation is taken place appropriately. You may see limited Veteran information on sign-in sheets or white boards within a treating area of the facility. Hearing a Veteran s name being called out for an appointment or when the Veteran is being transported/escorted to and from an appointment. Safeguards You Must Follow To Secure VA Sensitive Information: Secure any VA sensitive information found in unsecured public areas (parking lot, trash can, or vacated area) until information can be given to your supervisor or Privacy Officer. You must report such incidents to your Privacy Officer timely. Don t take VA sensitive information off facilities grounds without VA permission unless the VA information is general public information, i.e., brochures/pamphlets. Don t take pictures using a personal camera without the permission from the Medical Center Director. Any protected health information overheard or seen in VA should not be discussed or shared with anyone who does not have a need to know the information in the performance of their official job duties, this includes spouses, employers or colleagues. Do not share VA access cards, keys, or codes to enter the facility. Immediately report lost or stolen Personal Identity Verification (PIV) or Veteran Health Identification Cards (VHIC), any VA keys or keypad lock codes to your supervisor or VA police. Do not use a VA computer using another VA employee s access and password. Do not ask another VA employee to access your own protected health information. You must request this information in writing from the Release of Information section at your facility. What are the Six Privacy Laws and Statutes Governing VA? Freedom of Information Act (FOIA) compels disclosure of reasonably described VA records or a reasonably segregated portion of the records to any person upon written request unless one or more of the nine exemptions apply. Privacy Act of 1974 provides for the confidentiality of personal information about a living individual who is a United States citizen or an alien lawfully admitted to U.S. and whose information is retrieved by the individual s name or other unique identifier, e.g. Social Security Number. Health Insurance Portability and Accountability Act (HIPAA) provides for the improvement of the efficiency and effectiveness of health care systems by encouraging the development of health information systems through the establishment of standards and requirements for the electronic transmission, privacy, and security of certain health information. 38 U.S.C. 5701 provides for the confidentiality of all VA patient and claimant information, with special protection for their names and home addresses. 38 U.S.C. 7332 provides for the confidentiality of drug abuse, alcoholism and alcohol abuse, infection with the human immunodeficiency virus (HIV) and sickle cell anemia medical records and health information. 38 U.S.C. 5705 provides for the confidentiality of designated medical-quality assurance documents. What are the Privacy Rules Concerning Use and Disclosure? You are not authorized to use or disclose protected health information. In general, VHA personnel may only use information for purposes of treatment, payment or healthcare operations when they have a need-to-know in the course of their official job duties. VHA may only disclose protected health information upon written request by the individual who is the subject of the information or as authorized by law. How is Privacy Enforced? There are both civil and criminal penalties, including monetary penalties that may be imposed if a privacy violation has taken place. Any willful negligent or intentional violation of an individual s privacy by VA personnel, contract staff, volunteers, or others may result in such corrective action as deemed appropriate by VA including the potential loss of employment, contract, or volunteer status. Know your VA/VHA Privacy Officer and Information Security Officer. These are the individuals to whom you can report any potential violation of protected health information or VA sensitive information, or any other concerns regarding privacy of VA sensitive information. YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIAL INFORMATION OF OUR VETERANS __________________________________________ ________________ Employee (Print Name) Date __________________________________________ Employee Signature __________________________________________ Print Name of Contract Agency, if contractor __________________________________________ Print Name of VHA Department/Supervisor/Local COR PROVIDE A COPY OF THIS FORM TO YOUR SUPERVISOR/LOCAL COR FOR DATA ENTRY INTO TALENT MANAGEMENT SYSTEM RECORDS MANAGEMENT OBLIGATIONS 1. 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.  2. 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: a. includes Department of Veterans Affairs, Veterans Health Administration records. b. does not include personal materials. c. applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs, Veterans Health Administration contract. d. may include deliverables and documentation associated with deliverables. 3. REQUIREMENTS a. 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. b. 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. c. 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. d. John J. Pershing VA Medical Center 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 John J. Pershing VA Medical Center 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 John J. Pershing VA Medical Center. The agency must report promptly to NARA in accordance with 36 CFR 1230. e. 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 John J. Pershing VA Medical Center s 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). f. 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 John J. Pershing VA Medical Center s guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. g. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with John J. Pershing VA Medical Center s policy. h. The Contractor shall not create or maintain any records containing any non-public John J. Pershing VA Medical Center s information that are not specifically tied to or authorized by the contract. i. 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. j. The John J. Pershing VA Medical Center 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 John J. Pershing VA Medical Center 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. k. 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. 4. FLOWDOWN OF REQUIREMENTS TO SUBCONTRACTORS a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same. b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor
