S--Inspect & Repair Smoke & Fire Barriers

Sources Sought Notice - 36C24419Q0131 The intent of this Sources Sought Notice is to identify potential Small Businesses especially any SDVOSB/VOSB offerors capable of providing an Inspection and Repair of Fire and Smoke Penetrations as listed in the attached Statement of Work: These are for the VA Medical Center in WILKES BARRE VA MEDICAL CENTER, Responses to this Sources Sought Notice should demonstrate the firm's ability, capability, and responsibility to provide the principal components of supplies listed in the Statement of Work (See Below). Responses should include the following information: Business name Address Business point of Contact Current Duns Number All information is to be submitted via e-mail at contact@example.gov Information provided will not be returned. All responses shall be in the English Language. Responses are due by 12:00 pm NOON (EST) on 12/10/18. This is a Sources Sought Notice and submissions will be used for informational and planning purposes only. This notice does not constitute a formal Request for Quote (RFQ), nor is the government obligated to issue an RFQ. In addition, the Government does not intend to pay for any information provided under this notice. The Government is not obligated to notify respondents of the results of this survey. Statement of Work (SOW) Inspection and Repair of Fire and Smoke Penetrations Project No.: 693-FMS-18-CE002 SYNOPSIS: Work consists of the quarter annual (quarterly) inspection, repair and closure of 100% of penetrations, holes, seams or gaps up to 144-in2 (square inches) in size passing through any fire or smoke rated building feature using an approved fire-stop filler or other approved system for all buildings located at the Wilkes-Barre VAMC Campus. The Wilkes-Barre VA Medical Center Campus consists of 13 occupied building with approximately 690,000 square feet of indoor conditioned space. Seven of the buildings are detached. The remaining buildings are attached together to create the main Medical Center Building consisting of approximately 600,000 square feet of clinical, administrative and support (boiler plant, warehouse) space. The largest building in the main Medical Center Building (Building No. 1) is 13 stories high and was constructed in 1950. TERM: It is anticipated that this Contract will be for 1-year with four (4) annual options to be awarded at the discretion of the Government. EXISTING CONDITIONS: Appendix A lists non-compliant fire and smoke penetrations that are known to exist in the facility and is provided for the convenience of the bidders. The citations in Appendix A were discovered during a recent quarterly inspection conducted as part of an existing contract. The list should not be considered to be complete and the Contractor will remain responsible for repairing ALL non-compliant penetrations discovered during inspections per the requirements of this Contract. 1.0 GENERAL 1.1 DESCRIPTION Contractor shall provide quarterly inspection, repair and closure of all openings up to 144- in2 in size against penetration of flame or heat discovered in fire resistant rated construction in accordance with National Fire Protection Agency (NFPA) 101 and 70. Contractor shall provide quarterly inspection, repair and closure of all openings up to 144- in2 in size against penetration of gases or smoke in smoke resistant rated construction in accordance with National Fire Protection Agency (NFPA) 101 and 70. 1.2 SUBMITTALS Manufacturer s literature, data, and installation instructions for types of firestopping and smoke stopping materials proposed for use. List of FM, UL, or WH classification number of systems installed. Certified laboratory test reports for ASTM E814 tests for systems only if NOT listed by FM, UL, or WH proposed for use. 1.3 DELIVERY AND STORAGE Deliver materials in their original unopened containers with manufacturer s name and product identification. Store materials in a location providing protection from damage and exposure to the elements. 1.5 WARRANTY Firestopping work is subject to the terms of the Article Warranty of Construction , FAR clause 52.246-21, except extend the warranty period to five years. 1.6 APPLICABLE PUBLICATIONS Publications listed below form a part of this specification to the extent referenced. Publications are referenced in the text by the basic designation only. American Society for Testing and Materials (ASTM): E84-10 Surface Burning Characteristics of Building Materials E814-11 Fire Tests of Through-Penetration Fire Stops Factory Mutual Engineering and Research Corporation (FM): Annual Issue Approval Guide Building Materials Underwriters Laboratories, Inc. (UL): Annual Issue Building Materials Directory Annual Issue Fire Resistance Directory 1479-10 Fire Tests of Through-Penetration Firestops Warnock Hersey (WH): Annual Issue Certification Listings National Fire Protection Agency (NFPA): NFPA 101 Life Safety Code NFPA 70 National Electric Code 2.0 PRODUCTS 2.1 GENERAL Manufacturer of firestop products shall have been successfully producing and supplying these products for a period of not less than 3-years and shall be able to show evidence of at least 10 projects in a hospital environment where similar products have been installed and accepted. Contractor shall have a minimum of 3-years direct experience performing inspections of fire and smoke penetrations in rated construction in a hospital environment for compliance with applicable life safety codes. 2.2 FIRESTOP AND SMOKESTOP SYSTEMS A. Use either firestop sealant, factory built (Firestop Devices) or field erected (through-Penetration Firestop Systems) to form a specific building system maintaining required integrity of the fire barrier and stop the passage of gases or smoke. B. Through-penetration firestop systems and firestop devices tested in accordance with ASTM E814 or UL 1479 using the "F" or "T" rating to maintain the same rating and integrity as the fire barrier being sealed. "T" ratings are not required for penetrations smaller than or equal to 100 mm (4 in) nominal pipe or 0.01 m2 (16 sq. in.) in overall cross-sectional area. C. Products requiring heat activation to seal an opening by its intumescence shall exhibit a demonstrated ability to function as designed to maintain the fire barrier. D. Firestop sealants used for firestopping or smoke sealing shall have following properties: 1. Contain no flammable or toxic solvents. 2. Have no dangerous or flammable out gassing during the drying or curing of products. 3. Water-resistant after drying or curing and unaffected by high humidity, condensation or transient water exposure. 4. When used in exposed areas, shall be capable of being sanded and finished with similar surface treatments as used on the surrounding wall or floor surface. E. Firestopping system or devices used for penetrations by glass pipe, plastic pipe or conduits, unenclosed cables, or other non-metallic materials shall have following properties: 1. Classified for use with the particular type of penetrating material used. 2. Penetrations containing loose electrical cables, computer data cables, and communications cables protected using firestopping systems that allow unrestricted cable changes without damage to the seal. 3. Intumescent products which would expand to seal the opening and act as fire, smoke, toxic fumes, and, water sealant. F. Maximum flame spread of 25 and smoke development of 50 when tested in accordance with ASTM E84. G. FM, UL, or WH rated or tested by an approved laboratory in accordance with ASTM E814. H. Materials to be asbestos free. I. For exposed areas, use similar surface treatments as those on the surrounding wall or floor surface. J. For exposed areas, use similar surface treatments as those on the surrounding wall or floor surface. 2.4 MISCELLANEOUS Forming/Damming: Fiberglass, mineral fiber boards or blankets compatible with proposed firestopping per manufacturer s requirements. Firestop Collars: Prefabricated or molded collars, or prefabricated retaining strips of galvanized steel per manufacturer s requirements. Labels/Stenciling: Preprinted self-adhering smoke or fire rating labels with white background, 2-inch high red letters describing the rated assembly and 1-inch high black letters stating Protect all opening and penetrations. properly applied to a cleaned and/or painted surface. Caution Sticker: Vinyl non-fading self-adhesive label 4 x6 . See Attachment A. 3.0 EXECUTION 3.1 INSPECTIONS Inspect all fire and/or smoke rated walls, plenums, soffits, shafts, ceiling, floors and any other fire or smoke rated building feature(s) in accordance with the most current Facility Life Safety Plans to be provided to the Contractor by the Government. 3.2 ICRA BARRIERS/INFECTION CONTROL ICRA barriers and/or portable dust containments will be erected when required. At all times, however, Contractor shall employ necessary measures to minimize dust as necessary using HEPA vacuums to clean surfaces before proceeding, immediately replace ceiling tiles displaced for visual inspection and cleaning of any dust or debris that fall to floor. Dust barriers will meet Infection Control Risk Assessment standards. 3.3 DEMOLITION Installation of firestop systems may require removal of foreign material (including, but not limited to, drywall mud, mortar, spray foam, fireproofing, and structolite) to create required annular space to accept the appropriate firestop system. 3.4 REPAIR AND INSTALLATION Do not begin work until the specified material data and installation instructions of the proposed firestopping systems have been submitted and approved. Repair all deficiencies identified during inspections. Install the approved UL rated firestop system per the manufactures instructions for all penetrations and joints which are currently not sealed (or the post installed firestop product surface area) up to 144-in2 found to be deficient or missing. Contractor may also repair the existing drywall, seams, joints and openings to meet UL/IBC requirements for rating. All firestop materials will conform to the American Society for Testing and Materials (ASTM) E 814, ASTM E 1966 and Underwriters Laboratories (UL) 1479, UL 2079 standards. Firestop product/system to be used will be approved by the Chief, Facility Management Service prior to application. Contractor will notify Facility Management Services of the location of any openings (i.e. holes and or joints) rated systems larger than 12 x 12 , or the aggregate square inch equivalent, which require repair not covered by this Contract. Systems listed by the approved testing agencies, as listed above, may be used providing they conform to the construction type, annular space requirement and fire rating involved in each separate instance. Dampered ducts will not be firestopped unless required in accordance with manufactures specifications. When field conditions do not match a UL system, Engineering judgments will be based on guidance set forth by the International Firestop Council (IFC) utilizing an existing UL firestop system that closely matches the individual field conditions 3.5 LABELING Contractor shall ensure that all fire/smoke resistance rated assemblies are properly identified using stenciling properly identifying the rating and by installing a Caution Label (see Attachment A). The stenciling and labeling shall be installed on each wall or assembly at a minimum or 12-feet on centers above ceilings and in mechanical/utility rooms. Apply to clean or painted surfaces only. 3.6 CLEAN-UP AND ACCEPTANCE As work in each area is completed, remove tools, materials, litter, and debris and leave area in a clean and orderly condition. 3.7 DOCUMENTATION All inspection and repair information will be recorded by the Contractor using an Electronic Drawings-based tracking and verification program that utilizes (facility provided) life safety drawings to denote all inspection points and deficiency locations. Points on the drawings shall be cross referenced to a database detailing the deficiency location, type, U.L. System deployed, product used, wall type and date/time of repair (See Exclusions and Clarifications below for more detail). All reports will be submitted electronically and in hard copy format on a quarterly basis within 30-days of the latest inspection. One (1) set of CDs/DVD electronic format will be submitted. Three (3) sets of hard copy format reports will be submitted. 4.0 MISCELLANEOUS 4.1 CONTRACTOR RESPONSIBILITIES The contractor shall obtain all necessary licenses and/or permits required to perform this work. Contractor s onsite supervisor shall have a minimum of 30-hour OSHA certification. Workers shall maintain a minimum of 10 hour OSHA certification The Contractor shall promptly report all accidents resulting in property damage and/or personal injury or death directly to the Government Representative and Contracting Officer. The Contractor shall follow all applicable codes and regulations and all work must be accomplished in a first class manner. Some portions of the work may have to be accomplished in other than normal working hours. The Contractor shall report to the Safety Office in room C6-63 or C6-64 daily prior to commencing work and will secure appropriate permits for work that day. All permits will be returned to the Safety Office at the end of the workday. The Contractor shall be responsible for complying with all environmental protection regulations promulgated by US Environmental Protection Agency (EPA) and Commonwealth of Pennsylvania Department of Environmental Protection (DEP). Any hazardous materials used by the Contractor in performing this contract shall be properly packaged and stored in a sealed container to avoid spills, and shall be promptly removed upon completion of the work. All spills of hazardous materials shall be reported immediately to the Contracting Officer and shall be cleaned up immediately by the contractor at his own expense in accordance with EPA and DEP regulations. Clean up wastes shall be disposed of by the Contractor as hazardous wastes in accordance with all applicable laws and regulations. No high VOC materials will be permitted. Hazardous wastes are as defined in EPA regulations 40 CFR 261. The Contractor shall be the official waste generator for any hazardous waste generated through performance of this contract unless specified otherwise in this contract. The Contractor shall not store any hazardous waste in this government property without obtaining prior permission and related instructions from the Contacting Officer. Hazardous wastes shall be moved off post and disposed as they are generated or whenever requested by the Contracting Officer. In no case shall the wastes remain on the government property after completion of this work. It shall be Contractor s responsibility to comply with EPA 40 CFR 260265 and DER Code 25 CH 75 regulations concerning hazardous waste generation, storage, treatment and disposal. 4.2 GOVERNMENT RESPONSIBILITIES The Government shall provide appropriate forms after award for permits as required. The Government shall inspect all work areas prior to acceptance of finished work and release of claims. The Government shall provide sanitary facilities and utilities required for work. The Government shall provide a set of electronic Life Safety Drawings. 4.3 CONDUCT OF CONTRACTOR S EMPLOYEES The contractor is fully responsible for the performance and conduct of his employees at all times. The contractor shall not allow any employees to perform work under this contract while under the influence of alcohol, drugs or any other incapacitating agent. Police and other law enforcement personnel on government property have the right to deny entry to property or remove from property any contractor employee for misconduct, which endangers the health or safety of people or property or for reasons of security. Removal from government property of a contractor employee in accordance with the above shall not relieve the contractor from the requirement to meet all of the terms and conditions of the contract. Smoking is not permitted in any building of the VAMC Wilkes Barre and only allowed in designated smoking areas on the grounds. 4.4 IDENTIFICATION OF CONTRACTOR EMPLOYEES The contractor shall provide each employee an identification (ID) badge on contract start date or on employment start date. The ID badge shall be made of nonmetallic material. The badge shall be easily readable and include employee's name, contractor's name, and color photograph. The ID badge template shall be approved by the contracting officer or his or her designee before contract start date. Display of ID Badges: Contractor personnel shall wear the ID badge at all times when performing work under this contract to include attending Government meetings and conferences. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement. 4.5 SAFETY AND ACCIDENT PREVENTION In performing work under this contract the contractor shall: Conform to the specific safety requirement established by this contract; Comply with the safety rules of the Government property that concern related activities not directly addressed in this contract; Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and, Take such additional immediate precaution as the contracting officer may reasonably require for safety and accident prevention purposes. The government Safety Office will be responsible for monitoring the contractor in the area of safety and accident prevention. ---END--- APPENDIX A Inventory of Known Non-Conformant Penetrations (Note: Do not consider this list to be a representation of ALL penetrations requiring corrective action.) LOCATION DESCRIPTION Basement (AB-51) Large Opening in Concrete Block Smoke Barrier Wall ER Equipment Alcove Large Opening in 1-Hr Gypsum Smoke Zone Barrier. ER Equipment Alcove Relocate Actuator and damper so penetration can be repaired. Basement Double Doors Outside Elevator Lobby Wall with Cable Trays, ducts, and conduits running through. Basement (AB-51) Bank of Conduits 10x18 x2 Basement (AB-51) Sections of Concrete 18x18 block wall missing (2 hr rating) Basement AG-51A Opening in 2 hr rated concrete block wall 12x12 inches Basement AB-51 Opening in 2 hr rated concrete block wall 20x20 inches Basement AG-24 Duct and bank of conduits. Drywall is pierced in with no mud and tape. 36x36 Basement Double Doors By EB-44 12x12 section of 2 hr rated concrete block wall missing with multiple penetrations. Basement Double Door Foreign Material needs to be removed. Head of Wall needs to be stuffed and sealed. 4 x10ft By AG-64 1 hr rated barrier (Gypsum) Basement CG-82 Section of wall is deteriorating. Large 12x12 opening in 2 hr rated concrete barrier. Basement Double Doors 36x24 large opening in concrete 2 hr rated smoke barrier zone with through penetrations. In corridor CB-81 Recommend block wall rebuild. Basement CB-20A Large 12x48 inch opening above duct with through penetrations. Needs to be sealed. Basement CB-26 Large 12x36 inch opening in concrete 1 hr rated wall with penetration x2 Basement Eligibility 40 x3inch Head of Wall is missing. Gypsum 1 hr Smoke Zone Barrier joints needs to be stuffed and sealed. Office Basement wall outside Head of Wall in concrete 1 hr Smoke Zone Barrier joints needs to be stuffed and sealed. Dimension are 8in x 16ft AG-63 Basement AG-51A 12inx12in section of 2 hr concrete block wall missing. (2 hr smoke barrier zone) 1st Floor A1-61 12ft x 3in head of wall needs stuffed and sealed. (2 hr gypsum joint) 1 CLC Gold Elevator Head of Wall joint needs sealed. Dimensions 35 ft x 0.5 in. in 2 hr concrete barrier. Lobby C1-23 Section of Wall missing, needs to be built to deck and have insulation removed. Dimensions are 2ft high by 16ft wide. C1-5 22ft x 1in Head of Wall is missing. Needs to be sealed. 2 hr rated concrete joint. Double Doors by Large metal pipes create 1ft x 5ft large opening in 1 hr rated smoke zone. Recommend repair to appropriate UL System. C1-60 2nd floor 2nd Floor outside Section of wall missing above drop ceiling. 4ft x 5ft section of wall needs sealed on both sides of corridor. Stair 5 N2-97 22ft x 1ft section of wall missing in gypsum smoke barrier zone. N2-49 Large Opening Joints. 20ft x 1inch head of wall needs sealed at gypsum 1-hr rated barrier. N2-99 4ft x 1ft section of gypsum wall missing above drop ceiling. N2-99 Wall has large hole with multiple penetrations. Dimensions are 2ft x 2ft. N2-98 8ft x 1ft section of gypsum wall missing above drop ceiling. N2-50 35ft x 0.5inch x2 head of wall needs sealed at gypsum 1-hr rated barrier. Both sides. C2-09 Large opening with penetrations in concrete 2 hr barrier. 1 ft x 1 ft large opening with penetration needs to be built to deck. C2-09 3ft x 4ft large opening in wall needs rebuilt to proper UL rating. Outside N2-56 Large Opening in 2 hr concrete barrier exists above large damper. Space above damper needs to be correctly sealed. N2-56 2ft x 2ft gap exists in 2 hr concrete wall created by mixed metal conduits. Repair wall between corridor and electrical closet to maintain 2 hr fire rating. 3rd Floor N3-69 Large wall with penetrations in 2 hr concrete barrier where bank of conduits exists is unprotected. Repair to 2 hr fire rating. N3-69 Opening with mixed penetrations in 2 hr rated concrete barrier wall. C3-17A Side gap in 2 hr concrete block wall needs to be sealed. Needs head of wall 3 inch x 8 ft sealed. Large Opening is apparent on outside of wall. 3-100 1 inch x 20ft. Head of Wall needs to be properly sealed. A3-03 Sections of 2 hr rated walls missing in mechanical room where new addition meets original building. 10 ft x 1 ft on both sides. C3-119 Remove scab patch above ceiling and repair 1 hr rated gypsum wall to UL rating. C3-119 1in x 18ft Head of Wall is missing; needs sealed. CLC 3-142 2 ft x 21ft Head of Wall is missing; needs sealed. 4th Floor CLC 4-162 8ft x 3inch Head of Wall; needs sealed and firestopped with UL rated material to bring to proper rating. CLC 4-157 70 ft x 2 inch Head of Wall is missing; needs sealed with UL rated material. CLC across from (2) 1x3ft holes need repaired to proper UL rating. 4-107 C4-131, C4-132 25 x 0.5 ft section of drywall missing in 2 hr smoke barrier zone. Repair gypsum wall to proper UL rating. Double Doors 0.5in x 4ft concrete wall joint needs sealed with UL approved material to 1 hr fire rating. Outside 4-160 5th Floor C5-48B 5 ft x 2 ft section of wall missing with duct penetration in 2 hr gypsum barrier. C5-49C 20 ft Head of Wall needs sealed in 2 hr gypsum barrier with UL rated material. 6th Floor Outside C6-33 20 ft x 0.5 ft Head of Wall needs sealed in 2 hr gypsum barrier with UL rated material. 7th Floor C7-47B Repair Large Opening around duct to proper UL rating in Concrete 2 hr barrier. C7-30 10 ft x 2 ft large opening in 1 hr rated barrier where block is missing. 8th Floor C8-23A 2 ft x 2 ft section of wall is missing in 2 hr gypsum rated barrier. Double Door Corridor C8-62 1 ft x 2 ft large opening created by multiple penetrants in 2 hr concrete barrier. Recommend wall repair and proper seal. Currently stuffed with mineral wool. 9th Floor C9-06 2 ft x 6 ft section of concrete wall missing in 2 hr rated barrier. Repair wall to proper UL rated system. C9-22 10 ft x 3 ft section of gypsum wall missing in 2 hr rated barrier. Recommend repair to proper UL rated system. 10th Floor Stair 1 6 inch x 5 ft section of wall is missing in 2 hr rated concrete barrier. Needs to be built to deck. C10-70F 34 ft x 0.5 ft Head of Wall (HOW) needs sealed. 12 ft HOW has limited access. C10-28 2ft x 2ft large opening in 2 hr concrete wall created by insulated penetrant. Repair larger section of block wall that is decaying/crumbling, may need a complete rebuilt to proper UL rating. Stair 2 Large opening in 2 hr rated concrete barrier. 2ft x 2ft section of wall is deteriorating. Seal barrier to proper UL rating. 11th Floor C11-31 1ft x 1ft section of concrete wall with multiple penetrations needs to be repaired. RECORDS MANAGEMENT 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. Wilkes-Barre VAMC 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 Wilkes-Barre VAMC 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 Wilkes-Barre VAMC. 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 Wilkes-Barre VAMC 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 Wilkes-Barre VAMC 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 Wilkes-Barre VAMC policy. 8. The Contractor shall not create or maintain any records containing any non-public Wilkes-Barre VAMC 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 Wilkes-Barre VAMC 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 Wilkes-Barre VAMC 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. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. - Flowdown of requirements to Subcontractors 1. 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. 2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.