Attachment 3. Updated Performance Work Statement PWS of Bulk Liquid Oxygen.pdf

PERFORMANCE WORK STATEMENT (PWS)

BULK LIQUID OXYGEN SUPPLY SERVICES

1.0 INTRODUCTION

1.1. The Government requires the supply service of bulk liquid oxygen in support of the Miami

VA Medical Center, 1201 NW 16th ST, Miami, FL 33125.

2.0 DESCRIPTION/SCOPE/OBJECTIVE

2.1. Contractor shall furnish sufficient technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work specified in this Performance Work

Statement (PWS).

3.0 APPLICABLE DOCUMENTS

3.1. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

ASHRE American Society of Heating, Refrigeration and Air-Conditioning

Engineers Guidelines

CDC Center for Disease Control

FAR Federal Acquisition Regulation

FDA Food and Drug Administration

JACHO Joint Commission on Accreditation of Healthcare

NEC National Electrical Code

NFPA NFPA National Fire Protection Agency

OSHA Occupational Safety and Health Administration

FEDERAL, STATE,

LOCAL, INDUSTRY

Any and all applicable documents thereof.

3.2. Glossary. Acronyms used in this PWS are listed below for easy reference:

COR Contracting Officer’s Representative

CO Contracting Officer

4.0 PERFORMANCE REQUIREMENTS

4.1 The Miami VA Healthcare System requires contractor to perform the following tasks:

4.1. The contractor shall provide Bulk Oxygen for the proper intended performance per any and all applicable federal, state, local, industry: standards, codes, laws, certifications, and any other applicable doctrine for the intended purpose thereof.

4.2. The Contractor shall coordinate, supervise, monitor, evaluate the proper care to include provide any supply/services. This shall include but not be limited to: all required components, supplies, materials, parts, equipment, labor, supervision, management, tools, transportation and any other related items for the purpose of supply/services for Bulk Oxygen.

4.2.1. All work is to be performed in accordance with the guidelines established by Federal, State, and local ordinances with the Manufacturer's Service Manual, Quality Control Manual.

4.3. The contractor shall include all required components of the bulk oxygen supply, connections to existing oxygen systems, preventive maintenance, annual training, inventory management of the bulk systems, and all necessary documentation.

4.3.1. The certified bulk oxygen main supply system shall be maintained with all prospective responders to include any needed components in accordance with the Food and Drug Administrations (FDA) for medical gas and in accordance with National Fire Protection Agency (NFPA) 99.

4.4. The contractor shall be liable during the phasing in for any possible new items to ensure the continuity of the existing bulk oxygen services are maintained and no service interruptions occur during this transitional period.

4.4.1. Currently the Government has a primary tank with a capacity of 6,000 gallons and a reserve tank with a capacity of 1,500 gallons for bulk liquid oxygen. Both tanks are Vertical.

4.4.2. Tank(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon in a written document signed and dated by the COR.

4.2.2.1 Current Main Tank Set Points in Inches:

-FULL TRYCOCK: 265 inches/6,000 gal.

-REORDER POINT: 100 inches.

-LOW LEVEL ALARM: 65 inches.

-Last Annual Inspection: 2/16/2022

4.2.2.2 Current Reserve Tank Set Points in Inches:

-FULL TRYCOCK: 126 inches -REORDER POINT: 60 inches.

-LOW LEVEL ALARM: 40 inches -Last Annual Inspection: 2/16/2022

4.4.2. At no cost to the Government equipment remains the responsibility of the contractor. All items shall be maintained and repaired in accordance with NFPA 50:

Standard for Bulk Oxygen Systems at Consumer Sites, 2001 and FDA’s Current Good Manufacturing Practices (CGMP) Regulation.

The Contractor shall meet all of the following performance requirements as stated in this PWS;

4.4.3. All deliveries, installation, labor materials and pick up charges to be paid by

Contractor.

4.4.4. If necessary to permit an orderly transition from one contractor to another, the contractor shall continue to honor the contract’s monthly equipment rental fee and bulk oxygen contract price for a maximum of ninety (90) days beyond the scheduled expiration of the contract period, unless transition from one contractor to another is completed prior to the ninety-day possible transitional period. For any partial month, the contractor shall prorate the monthly equipment rental fee accordingly.

The contractor shall continue to provide and maintain its equipment during this transition period.

4.4.5. Unless otherwise directed by the Government, contractor owned equipment shall be installed by the effective date of the contract and shall be connected to the medical gas system on that date; provided; that the contractor shall be allowed a maximum of ninety days after receipt of notice of award to complete installation. If the contractor’s equipment replaces equipment already in use, the exchange of equipment shall be accomplished without interruption of gas supply to the using facility and in full cooperation with the succeeding contractor so as to avoid interruption of gas supply.

4.5. Services shall not be interrupted in the events of a possible failure of the primary tank or until during the primary tank refill (monthly usage estimated at 8,160 CF (cubic feet)).

4.6. The contractor shall maintain the reinforced concrete pad which meets the minimum standards in the existing location. (Dimension: 26ft 10in x 28ft ; Thickness:

5 in.).

4.6.1. The contractor shall provide and maintain a pressure-controlled manifolds and all associated equipment not limited to: all lines/piping, connections required to connect tanks to manifold and to existing hospital piping at pad location for primary and reserve.

4.6.2. The contractor shall maintain an off-site monitoring system (telemetry system), in which the successful contractor will be able to independently monitor for the system and refill requirements.

4.6.3. The contractor shall provide all equipment required to fill tanks as needed.

4.6.4. The contractor shall provide purity of oxygen: 99.96%-Medical Grade (a.k.a. USP

Grade) Frequency of Fill: As Needed.

4.7. The contractor shall provide an emergency service plan documenting what services will be available in the event of complete loss of system, catastrophic event or emergency situations.

4.8. Upon contract completion, any and all removal of all tanks and equipment shall be at no cost to the Government.

4.9. The contractor shall provide routine services coordinated at the convenience of the

Government, Monday through Friday (with the exception of federal holidays) between the hours of 0700 through 1630. On-site services are to be provided within those specified hours.

4.10. The contractor shall provide preventive maintenance, emergency response, routine service and inventory management for the Bulk oxygen system as required by NFPA 99, JCAHO, VA and any other related codes/standards.

4.10.1. The contractor shall provide a complete written preventive maintenance report to the COR listing operation of each device as required by referenced codes.

4.10.2. At no additional cost to the Government the contractor shall train and document annually operational trainings on site to associated personnel.

4.10.2.1. At the convenience of the Government the contractor shall provide at a minimum:

Two (2) – four (4) hour training classes and related training materials for Government staff.

4.10.3. The contractor shall document training for safety plan and daily operations-schedule inspections to be performed by referenced codes. A thorough maintenance check of the system shall be performed for the items below but not limited to:

1. Document gas emergency plan JCAHO EC.1.4,

2. Reserve supply change over system

3. Vaporizers and automatic switch assemblies

4. Document and inspect all tank and control valves

5. Check and document all main source alarms for both tanks

6. Check document all gauges

7. Check and document operation of all pressure’s regulators

8. Inspect and remove icing from vaporizer as required

9. Provide a general inspection of all system components including wiring, contacts, air pressure switches, belt tension etc.

10. Equipment furnished by the contractor shall remain property of the contractor unless purchased by the Government.

11. Concentrator systems and liquid oxygen systems,

12. Equipment repair not listed above will require prior approval from Contracting

Officer before the execution of any additional work.

4.11. Emergencies: The contractor shall provide 24 hours a day - 7 days a week - 365 days per year emergency service capabilities.

4.11.1. At a minimum, the contractor shall have a company employee on duty; the employee shall be within contacting range; to respond to emergency calls within one

(1) hour. Response time of the dispatched onsite to outages shall be within 24 hours of notification.

4.11.2. The contractor shall provide a forty-eight (48) hour emergency backup system in the event of a power failure or when it is necessary to shut down the concentrator. Each unit shall have an attached sticker with a correct vendor name and emergency telephone number, date with the serial number, and date including the meter hours last serviced.

4.12. The contractor shall coordinate all work, inspections, and repairs with the COR prior to any performance.

4.12.1. All deliverables will be coordinated with the COR.

4.12.2. The contractor shall provide a schedule of contractor provided maintenance requirements and related documentation when completed.

4.13. The contractor shall ensure all work is done in accordance with NFPA, NEC, OSHA, FSA, VA and other related codes and standards.

4.14. Prior to performance the contractor shall check in with VA Police after hours immediately upon arrival to the facility property.

4.15. The Government reserves the right to inspect the contractor’s production facility at any time- with proper coordination with the contractor.

4.16. The Government will provide access to an electrical power source and hook-up to a facility-maintained alarm system. The contractor shall perform the hook-up of contractor owned equipment to the facility-maintained alarm system.

4.17. Daily inspections of tank site and tank levels will be performed by assigned

Government staff.

4.18. Prior to first filling, and monthly thereafter, alarm set-point testing and written verification must be presented through the use of qualified third-party experts per NFPA 99, 2002 Edition for contractor owned and Government owned systems. Any code deficiencies in the Medical Center’s existing system, as defined by NFPA 50, 1.3.3, “Bulk Oxygen System”, shall be identified by the contractor. A detailed explanation of these deficiencies must be presented in writing to the COR. Receipt of this written explanation must be signed for by the COR.

4.19. Tank(s) will be filled to maximum functional capacity at each refilling procedure unless otherwise specified in the facility requirements or as agreed upon and coordinated with the CO and COR.

4.20. At the time of each delivery, contractor shall provide a legible signed and dated written document that identifies the tank level prior to fill, the level fill, the quantity delivered and a certificate of analysis. This document must be counter-signed by the facility representative supervising the delivery.

4.21. No product substitutions shall be made without prior approval of the facility COR.

5.0 PERFORMANCE LOCATION AND HOURS

Work to be performed Monday through Friday (with the exception of federal holidays) between the hours of 0700 through 1630 and coordinated in advance with Jose Gonzalez, General

Engineer, (305) 575-7000 x 12313; 1201 NW 16th Street, Miami, FL, 33125.

6.0. DELIVERABLES

6.1 The contractor shall provide any and all detailed explanations of deficiencies which must be presented in writing to the COR. Receipt of this written explanation must be signed for by the

COR.

6.2. At the time of each delivery, the contractor shall provide a legible signed and dated written document that identifies the tank level prior to fill, the level fill, the quantity delivered, and a certificate of analysis. This document must be counter-signed by the facility representative supervising the delivery.

6.3 The contractor shall provide a valid certificate of analysis with each delivery of liquid oxygen per above.

7.0. KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

7.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

7.2. If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may,

(1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.

7.3. The Contractor shall replace any absent individual for any period greater than one workday

(may be changed) so as to leave a full complement of trained qualified personnel at all times with no disruption of services.

8.0. CONTRACTOR PERSONNEL AND MANAGEMENT

8.1. Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

8.3. Government Badges (IF Required). The COR will coordinate the issuance of required access badges to Contractor personnel. Contract personnel shall wear laminated identification badges provided by the Government at all times when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.3.1. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

8.4. Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel. The badge will contain a personal picture, name of employee, and Contractor's name.

Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.5. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as

Contractor products or that Contractor participation is appropriately disclosed.

8.6. Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

8.7. All information generated in performance of this contract becomes property of the

Government and must be surrendered upon request and/or completion of the contract. The

Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

8.8. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

8.9. Standards of conduct

8.9.1. 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.

8.9.2. 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.

8.9.3. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

8.9.4. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the

Government to become the hiring authority.

9. TRAVEL

NOT APPLICABLE AT ANY TIME.

10. NON-PERSONAL SERVICE STATEMENT

10.1. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. PERSONNEL QUALIFICATIONS

11.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

11.2. Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum: be certified to work on this equipment.

11.2.1. Be a United States Citizen or permitted to work in the U.S.

11.2.2. Contractor should have a minimum of five years of specialized, continuous experience as required by this PWS.

11.2.3 Contractor/Technician must be fluent in English.

12. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT

12.1. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The

Government shall use these standards to determine Contractor performance and shall compare

Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance

Surveillance Plan (QASP) method of surveillance will be by random inspection.

12.2 The QASP and its performance objectives are as follows:

PWS

Para.

Performance

Objective

Performance

Standard

Acceptable

Quality Level

Surveillance

Method

Compliance

4.4.4. The

contractor

Within ninety (90) days.

99% timely phase in

Random inspection

Below Acceptance Quality

Limit (AQL), non-orderly transitions/ph ases into the facility for the proper intended performance of Bulk

Oxygen.

without interruption of services/ supply.

conducted by the COR and/or customer comment.

acceptance of services. A

Contract Discrepancy

Report (CDR), will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the

Procurement Contracting

Officer (PCO) will be notified, the performance record will be documented, and PCO may pursue contract action.

4.6.4. Purity of O2

and compliance.

99.96% and per all other applicable in section 4.

99% oxygen quality.

Mandatory inspection conducted by the COR and/or customer comment.

Below AQL, non-acceptance of services. A

Contract Discrepancy

Report (CDR), will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the

PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

4.12. Maintains all

equipment.

At all times equipment is maintained.

99% maintained equipment.

Random inspection conducted by the COR and/or customer comment.

Below AQL, non-acceptance of services. A

Contract Discrepancy

Report (CDR), will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the

PCO will be notified, the performance record will be documented, and PCO may pursue contract action.

4.11. Emergency

Services

24hrs a day 7days a week 365 days a year contractor availability.

99% availability to respond to emergency calls within one (1) hour.

Response time of the dispatched onsite to outages shall be within 24 hours of notification.

Contractor availability in the event of an emergency.

Below AQL, non-acceptance of services. A

Contract Discrepancy

Report (CDR), will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the

PCO will be notified, the performance record will be pursue contract action.

6.0 All

documentatio n/deliverable received.

Within a timely manner.

99% deliverables to the COR.

Receipt by the

COR.

Report (CDR), will be issued for performance below the AQL. The

Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the

PCO will be notified, the performance record will be pursue contract action.