SAM #b7e7d6cb0b454dd29780bf873c517f8b

Sole Source Laboratory SaaS Solution for VA Facilities in Jackson, MS and Fayetteville, AR

This opportunity is for a sole-source contract to provide a laboratory Software as a Service (SaaS) solution to two VA healthcare facilities. - Department of Veterans Affairs (NCO 16) intends to award to MediaLab Solution, LLC. - Solution must offer: - 24/7 secure access - Document control and management - Competency management (Compass module) - Continuing education modules - Regulatory compliance and inspection checklist auditing - Software must be: - FedRAMP authorized - FIPS 140-2 certified - Compatible with CAP, TJC, AABB, CLIA, FDA, EPA, and 21 CFR Part 11 standards - Vendor must provide: - Delivery and installation at VA facilities in Jackson, MS and Fayetteville, AR - Initial and ongoing training (WebEx/online) - System support, backups, and security monitoring - Compliance with VA information security and records management - Contract includes base year plus 4 option years - Delivery within 30 days of award - Installation within 90 days - Ongoing support and training throughout contract - MediaLab Solution, LLC. is the only identified responsible source

Locations: - G.V. (Sonny) Montgomery Veterans Healthcare System, Jackson, MS - Veterans Healthcare System of the Ozarks, Fayetteville, AR - VA Network Contracting Office 16, Ridgeland, MS

Description

Intent to Sole Source Notice This is an INTENT TO SOLE SOURCE NOTICE only. The Department of Veteran Affairs, Network Contracting Office (NCO) 16, intends to issue a sole-source purchase order under the authority of 41 U.S.C 253(c) (1) - FAR 6.302-1 (only one responsible source and no other supplies or services will satisfy agency requirements), to MediaLab Solution, LLC., located at 1745 North Brown Road, Suite #300, Lawrenceville, GA 30043. Supply delivery will be 30 Days ARO under NAICS 518210. The Vendor shall provide the below list of materials to G.V. (Sonny) Montgomery Veterans Healthcare System located at 1500 East Woodrow Wilson Avenue, Jackson, MS 39216-5116. This action will result in a firm-fixed-price supply purchase order. The period of performance shall be for 30 days ARO with option years. This notice of intent is not a request for quotations; interested parties may express their interest by providing a capabilities statement not later than 2 April 2026 at 10:00 AM CST, to heather.soto@va.gov. When responding to this announcement, respondents should refer to number 36C25626P0505, Notice of Intent in the subject line. The capabilities statement must provide clear and unambiguous evidence to substantiate the capability of the party to provide the required supplies without deviation. Responding as an interested party under the www.beta.sam.gov website does not constitute convincing evidence of capabilities. A determination not to compete this proposed contract upon responses to this notice is solely within the discretion of the Government. Verbal and facsimile responses are not acceptable and will not be considered. All interested parties are reminded to be registered with System for Award Management (SAM) at https://sam.gov/SAM/ in order to be eligible for award of Government contracts. No telephone calls will be accepted. If after April 2nd at 10:00 am, no viable responses have been received in response to this announcement, NCO 16 shall negotiate solely with MediaLab Solution, LLC., located at 1745 North Brown Road, Suite #300, Lawrenceville, GA 30043. The Government anticipates the award of a firm-fixed-price purchase order. A determination by the Government whether to compete the proposed requirement shall be based upon responses received and is solely within the discretion of the government. Information received shall be considered solely for the purpose of determining whether to conduct a competition. Required Supplies: Software Specifications: The software shall meet the following specifications: General Design Laboratory ‘Software as a Service’ through Media Lab Federal with redundant servers and accessible from any computer 24/7, 365 days/year. Secure documents, passwords and personal information using encryption and Secure Sockets Layer (SSL). Provide system server backup and contingency to ensure access to documents during planned or unplanned downtime. Simple and intuitive, menu-driven, customizable portal or user interface. Modular software that components can be added or removed without requiring major upgrades or changing the functionality of the system. Multiple role or group-based permission levels that enable different levels of user access. The system should enable easy addition and removal of user and level of access. Total traceability – tracks who performed what steps of task or approval. Easy management of the entire life cycle of a document (create, edit, approve, issue and archive). Set priority tasks and reminders. Assign to self or other users. Customizable workflows based on department or level of importance. Document Viewer module or capability. Ability to create customizable reports. Ability to download full back-ups on demand. Generates site usage reports allowing some determination of system effectiveness. Fast supported implementation. Vendor shall maintain a Memorandum Of Understanding (MOU-ISA). 2.2 Document Control 2.2.1 The ability to manage the entire document lifecycle from creation, approval, editing, in use status and archiving. The ability to download multiple (in bulk) documents. Ability to link documents to forms (or to other documents). Ability to print controlled copies of documents. Facilitate the use of standardized headers and formats for all sections of the lab. Identify documents using a numeric or alphanumeric system and be traceable to associated forms, job aids, derivative documents or policies, etc. Offer customizable design elements for the system or document control log, including document number, name, implementation date, location of copies, last revision date/approval/version number, review date/approval, review due date, and date retired. It must capture the changes made between versions and have a link between the version and approval. Document control log is updated automatically as documents, versions, and approvals are updated. Standard file extension compatibility allowing upload of Word (.doc, .docx, .rtf, .odt), Excel (.xls and .xlsx), PDF (.pdf), Microsoft Visio (.vsd, .vsdx), PowerPoint (.ppt and .pptx), image files (.png and .jpg/.jpeg), etc. without conversion. Documents must display easily. Multiple options for document list, query, and categorize including keywords, departments, or review status. It must be secure from editing for both the draft and final except for those assigned. The document control system must ensure that only current policies, procedures or forms are in use. The ability to show the 'status' of documents – e.g., draft, in approval routing, final, implemented, in review, retired. Ability to send notification emails with a link to affected employees to review new/revised procedures. Automatic email notification (with embedded links) to approvers/reviewers until tasks have been completed, with automatic escalation to a higher level after predefined number of failures to complete task. Automatic routing of new/revised documents to appropriate persons for review at determined intervals for draft review, approval, and periodic review. Ability of frequent reviewers to retrieve documents from a list of "in review" rather than opening each email. Accessibility and communication to outside services (non-Pathology) for notification of document availability and accessibility to read document (full network/user accessibility). Examples include sharing manuals with distant CBOCs and informing wards and clinics using point of care instruments about new policies, procedures, forms and job aids. Ability to audit/query records for timeliness/completion. Maintains document history for length of time required by regulations. Flexible version control to allow for major and minor changes, enable versioning by dates or numbers, with limits, history, restoration, archiving, and deletion. Enables creation of specific metadata fields for each library. Current and default views of document libraries that are customizable. Flexibility of workflows to accommodate multiple approvers, fast track needs, delegations, or extra approvals. Ability of multiple users to access and edit documents. Multiple-user edits can be subsequently merged/reviewed for merge. Compass The ability to manage the entire competency lifecycle from creation, approval, editing, employee status and archiving completed assignments. The ability to download and upload assigned documents. Ability to link documents from document control into Compass. Facilitate the use of standardized/shared competency assessments across multiple campuses. Offer customizable design elements for each competency task. It must capture the changes made between versions and have a link between the version and approval. Compass is updated automatically as tasks, versions, and approvals are updated. Standard file extension compatibility allowing upload of Word, Excel, PDF, Microsoft Visio, PowerPoint, image files without conversion. Documents must display easily. It must be secure from editing for both the draft and final except for those assigned. The competency assessment system must ensure that only current and approved assessments are in use. The ability to show the 'status' of a competency assessment for each employee (complete/incomplete). Ability to send notification emails with a link to affected employees to review new assignments. Automatic email notification (with embedded links) to approvers/reviewers until tasks have been completed, with automatic escalation to a higher level after predefined number of failures to complete task. Automatic routing of new/revised competency assessments to appropriate persons for review. Ability to audit/query user records for timeliness/completion. Maintains competency history for length of time required by regulations. Current and default views of competency libraries that are customizable. Flexibility of workflows to accommodate multiple approvers, fast track needs, delegations, or extra approvals. Ability of multiple approved users to access, edit, and assign competency assessments. Continuing Education The Compliance & CE module shall have: The ability to build customized courses and quizzes. Preloaded P.A.C.E. credit courses that include all major laboratory disciplines. The ability to track continuing education by employee. The ability to print certificates of completion or transcripts on demand. Able to pull list of standards from accrediting bodies such as TJC, CAP, and FDA. Sending alerts to staff as well as supervisors as to approaching due dates for competencies. Regulatory Inspection Checklist Auditing and Management Supplier must be an approved participant of College of American Pathologists (CAP) Accreditation Checklist Distribution Program and the Joint Commission accreditation standards (TJC). Ability to import/upload custom accreditation standards from common accreditation agencies (e.g., CAP, AABB, TJC, FDA, and others). Ability to search checklists. Ability to link evidence or documents to checklist items. Flexible workflow to delegate audits to multiple people with different levels of review. Ability to view or print report on current compliance. Ability to set and assign tasks to personnel, or link to document control for revisions. Comparison of previous year to current year standards. Option to transfer or update standards from previous year to current year. Reminders sent about upcoming audits and reviews that must be performed before due date. Regulatory Compliance Software must be compatible with multiple regulatory and accreditation agencies, such as CAP, JC, and AABB. Document compliance with the following Clinical Laboratory Improvements Amendments (CLIA) elements semiannually for new employees and annually thereafter: Direct observation of test performance. Monitoring and recording of test results. Review of test results. Direct observation of instrument maintenance. Assessment of test performance. Evaluation of problem-solving skills. System Support and Maintenance Support (phone, email) must be available weekdays during normal business hours. Minimal server maintenance. Document backups available to staff during downtimes. Advance notification during server updates or down times. Storage capacity to archive all document types and workflow histories for at least 5 years after removal from use to meet the more stringent transfusion medicine and quality documents requirement is preferred. Alternatively, a minimal storage capacity is needed for archiving transfusion service documents and review/approval histories for 5 years, and other laboratory section records for 2 years. Security Requirement for Cloud Services 4.1 Per the Office of Management Budget (OMB), any cloud services that hold federal data must be authorized by the Federal Risk and Authorization Management Program (FedRAMP). All Federal data must be stored on FedRAMP authorized systems, and loss of FedRAMP authorization is equivalent to the inability to house federal data via a cloud service. FedRAMP authorization applies to all third parties and subcontractors that the vendor uses to store federal data. Proof of FedRAMP authorization must be provided, and the vendor must disclose where all data is stored. If any data is stored by a third party and/or subcontractor, the vendor must provide proof of FedRAMP authorization for these third parties and subcontractors. FedRAMP authorization must always be maintained by the vendor and all third parties and subcontractors the vendor uses to store federal data. 4.2 All cryptographic modules and hardware security modules (HSMs) must be FIPS 140-2 certified. The vendor must provide proof of FIPS 140-2 certification via a NIST approved validator. The operating platform upon which the FIPS 140-2 certification was obtained must be maintained. If the solution is FedRAMP Authorized and VA Authorized: The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA) and have a current VA authorization. The Contractor shall comply with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement. The FedRAMP Authorization level and existing VA ATO should be no less than the level required for this use case which has been defined as Moderate Impact Level. The Contractor shall, where applicable, assist with the VA ATO Sustainment Process to help maintain health and quality of agency authorization of the cloud service or migrated application. The Contractor shall exclusively provide licenses and/or accounts to FedRAMP authorized and VA authorized environments. The Contractor shall afford VA access to the Contractor’s and Cloud Service Provider’s (CSP) facilities, installations, technical capabilities, operations, documentation, records, and databases. If new or unanticipated vulnerabilities are discovered by either VA or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party in accordance with Addendum B, VA Information and Information System Security/Privacy Language. VA Privacy and Security deliverables as directed by the VA System owner. The Contractor shall comply with data management requirements. Successful issuance of a VA ATO will be required before live VA data can be used in the system. The Contractor shall participate in FedRAMP Continuous Monitoring activities as outlined by FedRAMP’s Continuous Monitoring Strategy Guide found on the FedRAMP Website. 4.3.11 The Contractor shall participate in monthly Agency and FedRAMP Sustainment meetings following the granting of a VA ATO. 4.3.12 Deliverables: 3PAO Security Assessment Report (SAR) Continuous Monitoring Monthly Scans Plan of Action and Milestones Monthly Reports. The A&A requirements do not apply and a Security and Accreditation Package is not required. Delivery, Installation and Training Delivery: The contractor shall deliver, if applicable, all equipment to the Veterans Healthcare System of the Ozarks at 1100 N. College Ave, Fayetteville, AR 72703 and G.V (Sonny) Montgomery VAMC at 1500 E Woodrow Wilson Ave. Jackson, MS 39272 within 30 days after contract is awarded. Installation 5.2.1 Install all equipment, if applicable, to manufacturer’s specifications maintaining Federal, and Local safety standards. 5.2.2 Installation must be completed within 90 days after contract is awarded. All work shall be completed between 8:00 a.m. and 5:00 p.m. Monday – Friday. All federal holidays excluded. Federal holidays are available at the Federal Holiday OPM Site. 5.2.3 If there is an operational conflict with installation, night or weekend installation can be an option. Government will provide a 72 hours' notice of change of installation hours. 5.2.4 Contractor shall provide an implementation plan, with timelines, and coordinate the initial conversion of all documents into the system. Training Contractor shall provide initial training via WebEx or any form of online training and continued support for all system users at different levels. VA Information and Information System Security/Privacy Language 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. A contractor/subcontractor 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. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. 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. VA Information and Custodial Language a. 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). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security 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. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 6. Security Incident Investigation a. 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 COR 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. b. 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. c. 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. d. 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. 6.5 Liquidated Damages for Data Breach a. 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. b. 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. c. 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 date of occurrence and data elements involved, such as PII; Number of individuals affected or potentially affected; Names of individuals or groups affected or potentially affected; Ease of logical data access to the lost, stolen or improperly accessed data; Amount of time the data has been out of VA control; The likelihood that the sensitive personal information will or has been compromised; Known misuses of data containing sensitive personal information, if any; Assessment of the potential harm to the affected individuals; Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents; Whether credit protection services may assist record subjects in avoiding or mitigating identity theft. d. 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 notification, one year of credit monitoring, data breach analysis, fraud resolution services, one year of identity theft insurance with $20,000 coverage at $0 deductible, and necessary legal expenses. 6.6 Security Controls Compliance Testing On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 6.7 Training a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access: Sign and acknowledge understanding of and responsibilities for compliance with the Contractor Rules of Behavior. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training. Successfully complete the appropriate VA privacy training and annually complete required privacy training. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access. b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, 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. NARA Records Management Language Clause: The following standard items relate to records generated in executing the contract and should be included in a typical contract: Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while 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. G.V. Sonny Montgomery VAMC (GVSMVAMC) 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 [Agency] or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSMVAMC and Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be placed in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with GVSMVAMC policy. The Contractor shall not create or maintain any records containing any non-public GVSMVAMC information that are not specifically tied to or authorized by the contract. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. The GVSMVAMC 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 GVSMVAC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-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. TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] Flow-down of requirements to subcontractors: The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

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