MARKET RESEARCH MEMO NCO15 GENERAL CONSTRUCTION MATOC IDIQ Date: March 13, 2023 Subject: Market Research Memo 1. The following firms were contacted to express their interest in project 657A4-21-304: Construct Isolation Ward located at John J. Pershing VA Medical in Poplar Bluff Missouri. Please indicated by checking either yes or no, if your company's interest in submitting a proposal and performing a work for the below indicated project. Project Specifics: This project provides the John J Pershing VA Medical Center with a fully functional and code compliant acute inpatient isolation ward with 4 beds. Work is subject to multidisciplinary work including structural, architectural/interiors, electrical, HVAC/mechanical, plumbing, fire alarm, and hazardous abatement. Work shall be in accordance with the Design Narrative (Attachment) for a new Airborne Infectious Isolation Room (AIIR) suite with a footprint of approximately 3500 sq ft with 4 special purpose patient rooms, medication storage, linen storage, and ancillary support systems. New mechanical systems capable of providing balanced and isolated spaces are required. Magnitude: Between 5,000,000.00 and 10,000,000.00 Write Yes or No in the column indicating your interest: Please provide a response by (insert date and time CST) Yes/No Contractor IDIQ Contract Number Company POC BKM CONSTRUCTION, LLC 36C25518D0080
[email protected] BRISTON CONSTRUCTION, LLC - DBA - BRISTON MECHANICAL 36C25518D0071 Brandon Carr
[email protected] GUARANTEE INTERIORS, INC. 36C25518D0072 Robert Farrell
[email protected] TL SERVICES, INC. 36C25518D0073 Ray Prosise
[email protected] VALIANT CONSTRUCTION LLC 36C25518D0074 Patrick Broderick
[email protected] FLOYD CONSTRUCTION CORPORATION 36C25518D0075 Terrance Floyd
[email protected] WFV CONSTRUCTION 36C25518D0076 Mitch Dallas
[email protected] RB CONSTRUCTION COMPANY 36C25518D0079 Robert Hemmer
[email protected] FALCON JV. LLC 36C25518D0069
[email protected] Statement of Work 657A4-21-304: Construct Isolation Ward Scope of Work The Statement of Work is for performance of work associated with Construction Documents for project 657A4-21-304: Construct Isolation Ward. A pre-bid walkthrough will be held on site. Questions may not be asked on site or directed to individuals. All questions shall be in writing submitted to the Contracting Officer by the specified deadline. Questions that do not make the deadline will not be answered. Lack of attendance or omission of questions at the pre-bid walkthrough shall not be subject to modification due to site condition or details. The contractor shall provide for performance all services, materials, labor, supervision, safety, and expertise for items described in the A/E provided Construction Documents; drawings and specifications. The SSHO, QA/QC, and Superintendent shall be distinct and independent duties fulfilled by individual persons with 5 years experience in healthcare construction. These duties shall have OSHA 30 Hour Certification, minimum. All other workers shall have OSHA 10 Hour Certification. The SSHO shall have a job specific hard hat sticker for each employee to display at all times on site. The contractor shall reduce facility impact and plan accordingly. The contractor shall give 20 calendar days of notice for interruption of any service. The contractor shall phase, and plan work accordingly, including but not limited to performing work outside of normal operating hours, weekends, holidays, and shift work. The contractor shall plan adequately for coordination of work with multiple disciplines while keeping Infection Controls upheld within the Medical Center at all times. The contractor shall publish a detailed 2 week look ahead each week at the construction progress meeting as well as a detailed and accurate schedule at time of invoicing for progress payment. Submittals shall be managed electronically by an exchange site such as Procore, Newforma, or equal provided by the contractor. The contractor shall submit all materials to the A/E for first level conformance review. Once the A/E has provided a response, the second level review shall be from the station COR. Once the COR has approved the submittal, it has been released for construction. Material installed without written approval are subject to correction at no cost to the Government. The A/E has 7 calendar days for review. The COR has 10 calendar days for review. Approval of submittals by VA are for general conforming only and provide no liability for arrangement, final connection, final dimensions, or any other specific material application; and is subject to correction. Upon project completion, all approved submittals shall be electronically submitted to the Government on a CD as well as any other material specific information such as maintenance documents and training. Also, upon completion, the contractor shall furnish redlines to the A/E. Final As-Built Documentation shall be submitted electronically (PFD and CAD) and on velum/mylar for record. As-Builts shall deliver an accurate and field verified drawings by the A/E and Contractor. Final Payment and Close out is not issued until As-Built and warranty documentation is processed with NCO15. The contractor shall provide training, as required by specification, to VA maintenance and operation staff. The contractor shall provide a preventative maintenance document to the VA that indicates manufacturer recommendations for all items within the scope of work. The contractor shall supply 1 additional set of all PM items such as lubricants, fuses, filters, and other required items. System commissioning and acceptance shall occur prior to any training. Commissioning components and functional testing shall be completed thoroughly and witnessed by the COR, and documented by the Contractor with a submittal for approval of acceptable testing. Any deviations in required work items from the Construction Documents and this SoW shall come in the form of an RFI through the electronic submittal software. The A/E shall provide the first response and the VA shall provide the Final Response. The Contracting Officer is the only entity that can approve changes that impact the Scope of Work and Contract Cost. Any contractual changes shall be in writing from the CO. The contractor shall coordinate with existing systems on station as required for integration to existing systems. Materials and workmanship are subject to the VAAR and FAR. If workmanship standards are not met, retainage may be held at a rate of 10% of each formal pay application. Equipment shall be serviceable within a 4-hour factory assistance call. Location, dealer/vendor support, Buy-American, serviceability, and maintenance (minimizing overhead components) shall all be factors in selecting equipment. Removal, protection, and reinstallation of specific medical devices/systems shall be coordinated with the Medical Center Staff and COR such as: Patient Vitals Monitoring, Patient Telemetry, Barcode Medicine Administration, Pyxis Supply Dispensing, and any other described systems within the area and scope of this project. All NFPA and other applicable healthcare facility codes referred to in specification or VHA Publications such as VHA Directive 1028 and Electrical Design Manual are applicable to this project and will be strictly enforced. Seismic requirements published on the VA TIL and RP 8 are applicable. Any deviations or work that is non-conformant to standards, regulations, or specification shall be removed and corrected at no cost to the Government. The VA adopts the most current versions of the NFPA and other applicable publications (Federally Adopted Code). The arc flash and coordination study shall be performed (stamped) and field adjusted by a Professional Electrical Engineer and technician. Installation of electrical systems shall be performed by licensed or journeymen electrician; provide documentation via submittal. The contractor shall research and be familiar with all publications on the VA Technical Information Library, Technical Information Library (TIL) - Office of Construction & Facilities Management (va.gov), and should issue arise, abide by all publications and standards for construction published at the link. Specific Manuals by Discipline: OIT-InfrastrucStdTelecomSpaces.pdf (va.gov) https://www.cfm.va.gov/til/dManual/dmElec.pdf https://www.cfm.va.gov/til/dManual/dmFire.pdf https://www.cfm.va.gov/til/dManual/dmHVAC.pdf https://www.cfm.va.gov/til/dManual/dmID.pdf https://www.cfm.va.gov/til/dManual/dmPlbg.pdf https://www.cfm.va.gov/til/dManual/dmStruct.pdf Asbestos Abatement Design Manual (va.gov) Architectural Design Manual (va.gov) Barrier Free Design Standard (va.gov) https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySec.pdf PG 18-3 Design and Construction Procedures (va.gov) Demolition management plans for recycled items shall be submitted to the COR. Items with scrap value shall have scrap tickets submitted to the COR. The Government has first right of refusal on all items. If the Government retains any items, it will be clearly indicated with a red tag, stating the VA shall retain the piece of equipment. The contractor is responsible to move retained items into storage on site and protect during demolition and transportation. Due to limited parking, small campus size, and multiple construction projects, the contractor shall limit the number of contractor vehicles on site. Coordinate with COR. The contractor shall have the A/E on site for the Final Walkthrough and Punch List for Acceptance as well as other planned milestones for construction period services. Failure of A/E site visit is subject to re-work at no additional cost to the Government. The contractor shall provide a 1-year warranty on all items within the Scope of this Project in addition to manufacturer specific warranties, subject to latent defects. The contractor shall provide the Poplar Bluff VA Medical Center with the proper skilled labor, equipment, materials, supplies, and supervision for performance of all work indicated or referenced within this Statement of Work and by the corresponding Construction Documents (plans, specifications, VA TIL publications and other provided documents) for a 100% functional product upon completion. Scope Summary: This project provides the John J Pershing VA Medical Center with a fully functional and code compliant acute inpatient isolation ward with 4 beds. Work is subject to multidisciplinary work including structural, architectural/interiors, electrical, HVAC/mechanical, plumbing, fire alarm, and hazardous abatement. Work shall be in accordance with the Design Narrative (Attachment) for a new Airborne Infectious Isolation Room (AIIR) suite with a footprint of approximately 3500 sq ft with 4 special purpose patient rooms, medication storage, linen storage, and ancillary support systems. New mechanical systems capable of providing balanced and isolated spaces are required. Technical Requirements Provide administrative requirements including insurance, bonding (if required), Schedule, Infection Control Risk Assessment, permits, all VA required documentation and permits, all required safety documentation, participate in construction progress meetings, submittals, close-out documentation, warranty, as-built drawings, and all other documentation specified. Provide secure fencing surrounding the staging area/construction trailer to prevent entry by unauthorized individuals or patients. Protect the environment and structures that remain adjacent to the work area from damage. Any damage to the area adjacent to the work area will be repaired by the contractor at no cost to the Government. Contractor to coordinate with surrounding ongoing hospital operations relative to the need to cease construction due to critical procedures, etc. Contractor is required to perform all hazardous material remediation and removal for this project as stated in the project drawings and specifications. Provide CIH services where required. Contractor must attend a Pre-Construction meeting with the Contracting Officer, Contracting Officers Representative, the A/E, the Integrated Project Team (IPT Team), and Facility Leadership. Contractor to furnish a comprehensive construction schedule in Microsoft Project or similar within two (2) weeks of award. Contractor shall maintain two (2) redline copies of the project drawings that will be reviewed weekly by the COR or other VA construction personnel. The contractor is to perform all work associated within the project Construction Documents. Pay application shall be submitted in pencil copy to the COR prior to formal application for payment. The pencil copy shall be accompanied by certified payroll, job site sign in documentation, and any other time/attendance documentation with current and accurate schedule broken down by division of labor and percentage complete. The Government shall not pay for materials that are not on site or stored off site. Existing Conditions The Contractor is expected to be familiar with the existing conditions and the work to be performed. The Contractor shall verify all areas requiring work as stated in the Technical Requirement portion of this Statement of Work prior to the commencement of work. The Contractor shall coordinate with all other contractors on site. Coordination with, in, and around the following projects are required: 657A4-20-700 657A4-21-702 657A4-21-706 657A4-17-101 Other Projects and Operations noted in weekly coordination meetings. Submittals, Inspection, and Acceptance All submittals for each item must be approved prior to purchase and/or installation per the specifications. Project Safety Plan Demolition Debris Management Plan Environmental Protection Plan Project Schedule Project Phasing Plan Coordination planning before each feature/division of work All Submittals as required in the Project Specifications and Project Drawings All Submittals/Samples required by Project Specifications including but not limited to: Description of each product Submittal Drawings and/or Manufacturer s literature/data as required by the specifications Samples as required by the specifications Test reports as required by the specifications Material Certificates of compliance Contractor certification Recycled Content of sustainable materials specified Photographs of existing conditions Field Inspection Installer qualifications Additional submittals may be required at the request of the Contracting Officer or COR. A comparison of products for QA/QC may ben requested by the COR and CO. The A/E and COR will approve/disapprove Contractor submittals. Any submittal that is disapproved shall be addressed by the Contractor in a timely manner but no less than five (5) days. If more time is needed to address disapproved submittals, the Contractor may ask, in writing, for additional time from the COR. The COR will accomplish inspection and acceptance of the work on behalf of the Contracting Officer. Any work that is to be enclosed (earth, concrete, etc.) shall be inspected by the COR prior to covering. All work must be accepted by the COR on behalf of the Contracting Officer. Any work that is found to be unacceptable by the COR shall be removed and replaced at no cost to the Government. Workmanship/quality of work is subject to acceptance. Safety/Infection Control/Security The Contractor is wholly responsible for work site safety. The Contractor shall implement a safety program that protects the lives and health of personnel inside and immediately surrounding the work area, prevents damage to property, and avoids normal work or patient flow interruptions. To accomplish this end, the Contractor shall provide an OSHA certified Competent Person to be onsite at all times while work is being performed, erect appropriate safety barricades, signs, signal lights, etc. as well as comply with the requirements of all Federal, State, and Local safety laws, rules, and regulations. The Contractor must submit copies of certifications for safety training of the Competent Person stationed onsite to the COR before work begins. Failure to have safety personnel on site is subject to Stop Work Order. All Infection Control procedures and requirements shall be followed. Equipment required may include, but not be limited to: tact mats, negative pressure air machines with HEPA filtering, vacuuming debris, etc. The Contractor shall follow the requirements of the Infection Control Risk Assessment completed prior to any work. Privacy and safety training shall be completed by all contractor personnel prior to the commencement of work. The Contractor is responsible for meeting with the engineering department at John J. Pershing VAMC to discuss and/or acquire the proper badges for personnel prior to starting work. The Contractor is required to assure that all personnel have their issued badges on their person before entering the facility, and to safeguard the badges from possible theft or damage. Work to be performed after normal working hours, will require approval and notification with the VA 3 days prior to beginning work. Test and Performance The Contractor shall notify the Contracting Officer s Representative one (1) week in advance of any performance, inspection, or acceptance tests that are to be conducted. The tests shall be performed in the presence of the Contracting Officer s Representative. Any work that has been covered or has not been properly tested by visual inspection will be removed and replaced at no additional cost to the Government. Failure of tests shall require replacement at no cost to the Government. Schedule of Work The Contractor shall discuss work hours with the Contraction Officer s Representative prior to the commencement of work. Normal working hours shall be from 7:00 am to 5:00 pm. The Contractor and Contracting Officer s Representative will agree on the hours of operations for this scope of work. The Contractor is responsible for notifying VA Police of the time, location, and work to be performed before every off-hour engagement. Major interruptions to the facility with a duration of over 4 hours are subject to Nights and Weekends only. Period of Performance The period of performance is 330 calendar days after the Notice to Proceed. Liability of Contractor Any damage to Government property caused by the Contractor shall be repaired or replaced by the Contractor at no cost to the Government. Retainage is applicable due to damages. The Contractor shall not disconnect any service or utilities without prior approval of the COR. No less than two (2) weeks of notice shall be given to the COR if interruption is needed. The Government will not be held liable for any costs incurred due to time constraints needed for service or utility interruptions. Labor Laws The Davis-Bacon Act applies to this project. Site Cleanup and Restoration The Contractor shall remove waste generated every day from the worksite. Waste shall be deposited in an appropriate dumpster provided by the Contractor and located in an area approved by the COR and removed from the grounds every week or when full. The Contractor is responsible for the procurement of waste services, and no Government leased, or owned dumpster shall be used to dispose of construction waste. All recyclable materials shall be recycled at appropriate facilities. Invoices or receipts related to the recycling of construction waste shall be submitted to the Contracting Officer s Representative. Any material identified to be salvaged or in good condition that can be reused elsewhere in the facility shall be stored in an appropriate location for later use to reduce overall maintenance costs of the Government. The Contracting Officer s Representative shall denote such location, if required. The Contractor shall notify the Contraction Officer s Representative prior to the start of any demolition. The Contractor shall perform a walkthrough of the entire project area and allow the VA s engineering and maintenance and operations staff indicate which items will be turned over to the Government. Upon completion of work, the Contractor is responsible for any punch list items accrued during the final walkthrough by the Contracting Officer s Representative and the designated punch list team. This contract will not be fulfilled until all items are addressed in a timely manner, inspected by the Contracting Officer s Representative, and have his/her approval. Execution The Contractor will perform all work and provide the labor and equipment needed to meet deliverables within this Statement of Work and the following Construction Documents. The Government shall not loan or provide any labor or equipment. The Government is not responsible for costs incurred due to mismanagement of labor or lack of proper equipment. ----END---- 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 INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. VA INFORMATION CUSTODIAL LANGUAGE Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. SECURITY INCIDENT INVESTIGATION The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. 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 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. LIQUIDATED DAMAGES FOR DATA BREACH Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. Each risk analysis shall address all relevant information concerning the data breach, including the following: Nature of the event (loss, theft, unauthorized access); Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $__37.50__ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. TRAINING All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training, within the timeframe required, 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 training and documents are complete. 7. ADDITIONAL REQUIREMENTS a. The COR is responsible for coordinating with the Police prior to contractor arrival to identify the names of contractor personnel so that Police can ensure a sufficient number of contractor badges are available for issuance prior to beginning work. COR is also responsible for signing out and signing in temporary contractor badges. b. The COR is also responsible for maintaining copies of signed Privacy training for all contractors according to RCS 10-1. c. Any work performed outside of official VA business hours after hours will require escorts. d. Escort duties for un-cleared contractors are strictly limited to government officials, specifically VA employees. At no time are contractors allowed to escort other contractors. 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 ---End--- 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.