Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Sole Source (FAR 19.14)

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEM Solicitation Number: 36C25720Q0717 NAICS Code: 335311 Power Distribution and Transformer Manufacturing Set Aside (SDVOSB/VOSB): SDVOSB Description Th... COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEM Solicitation Number: 36C25720Q0717 NAICS Code: 335311 Power Distribution and Transformer Manufacturing Set Aside (SDVOSB/VOSB): SDVOSB Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97. The associated North American Industrial Classification System (NAICS) code for this procurement is 335311, with a small business size standard of 750 Employees. SET-ASIDE: This requirement is a 100% Total Service-Disabled Veteran Owned Small Business (SDVOSB) set aside under the authority of 38 U.S.C. 8127(d). In order to be eligible for award an offeror must be certified/verified in Vetbiz (www.vip.vetbiz.gov), and small for the applicable NAICS code at the time of the quote submission and at the time of award. Status as a qualified SDVOSB concern is under the authority of 38 CFR Part 74 in accordance with the VA Acquisition Regulation (VAAR) Part 819. Eligibility determination is performed by the Center for Veterans Enterprise (CVE). Only qualified offerors may submit bids. NAICS CODE: The associated North American Industrial Classification System (NAICS) code for this procurement is 335311, with a small business size standard of 750 Employees. Introduction: The Government intends to award a firm fixed price purchase order based on this solicitation. Description of Supplies/Services: Network Contracting Office (NCO 17) RPO West is seeking to purchase Automatic Transfer Switches for the Amarillo Health Care System. All qualified/interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Zenith 600amp 480-volt Automatic Transfer Switch ZTS MX250 Controller. (PART) 2 EA 0002 Labor remove old ats mechanism and control and replace with new mechanism and MX 250 controls (SERVICE) 20 MAXIMUM HRS 0003 Zenith 400-amp ZTS with MX250 control (PART) 1 EA 0004 Labor 400-amp ATS Labor overtime rate. Remove old ats mechanism and control and replace with new mechanism and MX 250 controls (SERVICE) 10 MAXIMUM HRS 0005 Zenith 260 Amp ATS ZTS with MX250 Controller (PART) 1 EA 0006 Labor 260-amp ATS Labor overtime rate. Remove old ats mechanism and control and replace with new mechanism and MX 250 controls (SERVICE) 10 MAXIMUM HRS Delivery shall be provided by July 1, 2020. FOB - Destination Place of Performance/Place of Delivery Address: Amarillo VA Health Care System Thomas E. Creek VA Medical Center 6010 Amarillo Blvd West Amarillo, TX Postal Code: 79106 Country: United States The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items FAR 52.212-3, Offerors Representations and Certifications Commercial Items Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items [Oct 2018] FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders [Mar 2020] The following subparagraphs of FAR 52.212-5 are applicable: 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (Oct 2018) 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sept 2016) 52.222-50, Combating Trafficking in Persons (Jan 2019) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) VAAR 852.203-70, Commercial Advertising (May 2018) VAAR 852.211.70, Equipment Operation and Maintenance Manuals (Nov 2018) VAAR 852.212-71, Gary Market Items (Apr 2020) VAAR 852.219-74, Limitations on Subcontracting Monitoring and Compliance (Jul 2018) VAAR 852.232-72, Electronic Submission of Payment Requests (Nov 2018) VAAR 852.246-71, Rejected Goods (Oct 2018) VAAR 852.273-70, Late Offers (Jan 2003) Grey Market Prevention: No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs Regional Procurement Office West RPO West Network Contracting Office NCO 17 124 E. Hwy 67 Duncanville, Texas 75137 Mailing Address: Department of Veterans Affairs Department of Veterans Affairs Regional Procurement Office West RPO West Network Contracting Office NCO 17 124 E. Hwy 67 Duncanville, Texas 75137 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) (a) Any protest filed by an interested party shall (1) Include the name, address, fax number, email and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester s representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) (a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov. (b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer. (End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management: Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W. Washington, DC 20420 SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS): The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm's DUNS# and ORCA document in SAM at www.sam.gov. Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document. The Offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract. The Offeror shall provide verified SDVOSB certification. The Offeror shall be registered in SAM.gov prior to contract award. The Offeror shall include verification if not the manufacturer that they are authorized distributor or vendor of the proposed manufacturers instrumentation and supplies. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" The Offeror shall list exception(s) and rationale for the exception(s), if any. EVALUATIONS: Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with FAR 13.106-2 Evaluation of Quotes. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process. Offeror quotes shall be evaluated under FAR 13.106-2(b)(3) Comparative Evaluation. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not obligated to determine a competitive range, conduct discussions with all contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15. The contracting techniques associated with FAR Part 15 are not mandatory. The Government will issue a purchase order to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following are the decision factors: Price Technical Responses should contain your best terms, conditions. TECHNICAL QUESTION SUBMISSION: All questions must be submitted by email to Glenda.Davis@va.gov no later than 8:00ampm. CT, June 12, 2020. The subject line must specify: RFQ 36C25720Q0717- Questions. Questions received after this date will not be accepted. All responses to questions will be incorporated into a written amendment posted to the Contract Opportunities website (beta.SAM.gov). Telephone calls or faxed questions will not be accepted. RFQ QUOTE SUBMISSION: Quotes must be received no later than June 16, 2020 10:00am CST. Email your quote directly to Glenda.Davis@va.gov. The subject line must specify: RFQ 36C25720Q0717- Quotes/Offers. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Glenda Davis, Contract Specialist, e-mail address: Glenda.Davis@va.gov STATEMENT OF WORK RETROFIT AUTOMATIC TRANSFER SWITCHES BACKGROUND: The North Texas Veterans Healthcare System (ATXVAHCS) is requesting replacement of Automatic Transfer Switches in the facility and within ATXVAHCS. OVERVIEW: The contractor shall provide all labor, travel, expertise, materials, supervision, and any other applicable items in order to provide maintenance for system. GENERAL The contractor shall comply with Federal, State, local laws and regulations applicable to the performance of this contract. Omnicell shall provide remote support via VPN connection. This support is to assist with any user questions, or issues that are software in nature. Omnicell shall also offer hardware support for physical equipment. This shall include repair and maintenance and shall require a qualified technician to be on site. The contractor shall provide all labor, equipment, supervision and expertise, to provide maintenance services for the equipment list within the Statement of Work. DESCRIPTION OF WORK The contractor shall provide all required service and parts for the VA equipment in accordance with the original equipment manufacturer specifications. Reference below for equipment type and the required service. Equipment: Retrofit Automatic Transfer Switches Equipment Manufacturer: Zenith Transfer switches with MTX controller Equipment Model: Zenith 600 Amp 480 Volt Transfer switches with MTX controller. Zenith 400 Amp 480 Volt Transfer switch with MTZ controller. Zenith 260 Amp 480 Volt Transfer switch with MTX controller Location: Department of Veterans Affairs Amarillo VA Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd, Bldg. 28 Amarillo, TX 79109 There is no required maintenance monthly, annually or semi-annually. Because we are a 24 hour/7 day per week operation, we are always covered for maintenance. Reference below for equipment type and the required service. Maintenance is needed outside of business hours due to equipment repairs that are unexpected. WORK HOURS AND PERIOD OF PERFORMANCE: 3.1. Normal Work Hours: The service schedule shall be developed between the contractor and Contractor s Representative (COR) prior to any service being performed. The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday and any other day specifically declared by the President of the United States to be a national holiday. HOLIDAY DATE New Year s Day Jan 1 Martin Luther King s Birthday 3rd Monday in Jan President s Day 3rd Monday in Feb Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in Sep Columbus Day 2nd Monday in Oct Veterans Day Nov 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25 TRAVEL: The Government anticipates travel under this effort to perform tasks associated with this SOW, provide management briefings or other consultations as necessary PERIOD OF PERFORMANCE(DELIVERY): July 1, 2020 PLACE OF PERFORMANCE: Department of Veterans Affairs Amarillo VA Health Care System Thomas E. Creek Medical Center 6010 Amarillo Blvd, Bldg. 28 Amarillo, TX 79109 PERSONNEL: Program Manager. The contractor shall provide in writing the name and phone number of a Program Manager within (10) ten calendar days of the award of the contract. The Program Manager shall be a qualified and experienced manager to oversee the personnel assigned to perform the installation and maintenance services. The contractor s Program Manager shall correspond with the COR on a regular basis to discuss any problems that the contractor or contractor s personnel may be experiencing during the performance of this contract. Unresolved problems shall be referred to the Contracting Officer for resolution. Contractor Service Personnel (CSP). All subcontractors performing work for primary contractor shall meet all specifications and standards that apply to CSP under this agreement. CSP shall maintain clean and neat appearance and shall wear an identification badge at all times when performing services at the Government site. Identification badges shall be worn in a clearly visible area of the outer garment. The COR shall furnish this badge. Due to conflict of interest, the contractor shall not employ a current DOD employee, military or civilian to provide services under this contract. Government point of contact (POC). The COR shall be the Government s POC. If required, the COR shall be designated in writing to the Contractor and the scope of authority shall be set forth therein. Contractor shall respond only to calls from COR or a designated representative from the Medical Center . SPECIFIC TASKS AND DELIVERABLES: Vendor name shall assist with any user questions, or issues that are software in nature. Vendor name shall also offer hardware support for physical equipment. This shall include repair and maintenance and shall require a qualified technician to be on site. The contractor shall provide all labor, equipment, supervision and expertise, to provide maintenance services for the equipment list within the Statement of Work. CONDUCT OF PERSONNEL: Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract. CONTRACTORS ATTIRE AND APPEARANCE: Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities. The Government reserves the right to review Contractor personnel qualifications. The C&A requirements do not apply, and that a Security Accreditation Package is not required: and proceed to the next question. Information System Officer, Information Protection: The contractor will not have access to VA Desktop computers they will not have access to online resources belonging to the government. Privacy Officer: The Contractor will not have access to protected Patient Health Information (PHI), nor will they have capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage device will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified. Records Manager: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 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 by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. SECURITY STATEMENT: Physical Access will be supervised by pharmacy. No data storage device will be removed from the facility. No patient information involved with this equipment. ACRONYMS AND DEFINITIONS Contracting Officer (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the U.S. Government. Contracting Officer s Representative (COR). An individual designated in writing by the Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer. EQUIPMENT OWNERSHIP Title to equipment shall remain with the contractor until installed and established. After completion, a satisfactory inventory and inspection is completed by Contractor, COR and Maintenance personnel. Upon approved inspection, title, equipment, accessories and ownership shall be released to VA North Texas Healthcare system (VANTHCS). LIMITED WARRANTY All equipment listed on Schedule B and pursuant to the attached quote, shall be fit and sufficient for the purpose intended as set forth in the user manuals; and merchantable, of good quality and free from defects in materials or workmanship; for a period of one (1) year from the date of the first invoice under this agreement. 7.2. All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTXHCS) and shall be returned to VANTXHCS at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1. NARA Records Management Language for Contracts (May 2017) 1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. 2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. 3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. 4. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [FACILITY] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230. 5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). 6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. 7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy. 8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract. 9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. 10. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. 11. Training.  All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.Â