ATTACHMENT 1 - PWS - Home Oxygen Janitorial Service 03-05-24.pdf

?.## PERFORMANCE OF WORK

PERFORMANCE WORK STATEMENT

JANITORIAL SERVICES – HOME OXYGEN - HRCP WAREHOUSE

03/05/2024

TABLE OF CONTENTS

Section 1: General Information Section 2: Definitions & Acronyms Section 3: Government Furnished Property, Equipment, and Services.

Section 4: Contractor Furnished Items and Services Section 5: Specific Tasks

5.1 Tasks and Cleaning Performance Standards

5.2 Contractor Personnel

5.3 Safety Training Requirements

5.4 Contractor’s Attire and Identification

5.5 Contractor Training

5.6 Contractor’s Quality Control Plan

5.7 Fire Prevention and Emergency Procedures

5.8 Building Security and Keys

5.9 Interference to Normal Function

5.10 Damage and Equipment Loss

5.11 Handling of Government Furniture and Equipment

5.12 Conservation of Utilities

5.13 Applicable Regulations and Manuals

ATTACHMENTS:

1. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

With No Sensitive Data but Requires Training

2. NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

PERFORMANCE WORK STATEMENT

JANITORIAL SERVICES – HOME OXYGEN - HRCP WAREHOUSE

03/05/2024

Section 1: General Information

1.1 General: Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The James A Haley VAMC operates a Home Oxygen program at 5910 Breckenridge Parkway, Tampa, FL 33610. This leased space is 5,380 Net Usable Square Feet (NUSF).

This space is approximately 70 percent warehouse (or 3780 NUSF) and 30 percent office space (or 1500 NUSF). The building is circa 1982, with attractive landscaping surrounding 14 on-site parking spaces.

1.2 Period of Performance: Base Year plus Four (4), One (1) year option periods.

1.3 Place of Performance:

Office Information Location Size Tampa, FL 5910 Breckenridge

Parkway, Tampa, FL 33610

5380 NUSF (1500 NUSF

Office Space)

1.4 Hours of Operation: The work required by the contract shall be performed 3 days a week, Monday, Wednesday, and Friday excluding Federal Holidays. Work shall begin between the hours of 1300 – 1700 p.m., all work must be completed and the areas ready for the next business day. Any work needed outside these hours must be coordinated within 3 business days prior with the COR. Other times may be scheduled for floor projects (see each line item for specific times required). Contractor shall provide proposed work schedule to the Contracting Officer’s Representative (COR) within ten (10) calendar days from receipt of Award. National holidays: The ten holidays observed by Federal Government are:

New Year’s Day January 1 Martin Luther King Day Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When one of the above designated legal holidays falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a legal holiday falls on a Saturday, the preceding Friday shall be observed as a holiday by U.S. Government agencies.

1.5 Work Schedule: Prior to commencing performance under this contract, the Contractor shall provide a proposed work schedule to the COR describing how services will be accomplished. All work shall be coordinated with the COR or designated representative when accomplished during normal business hours to avoid disruptions or conflicts between the Government functions and the provision of service under this contract.

Section 2: Definitions & Acronyms

2.1 Definitions:

Aseptic Cleaning. Techniques and procedures used under sterile conditions. Aseptic cleaning is the effort taken to clean the interior of building and keep people free from hospital micro-organisms.

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Contracting Officer (CO). A person with the authority to enter into, administers, and/or terminates contracts and makes related findings. The Contracting Officer is the only individual who has the authority to contractually bind the Government. The Contracting Officer may designate a Government employee to act as his authorized technical representative.

Contracting Officer’s Representative (COR). The person has been designated as the authorized representative of the Contracting Officer acting within the limits of his/her authority. This individual shall not be authorized to award, agree to, or sign any contract or modification thereto, or in any way to obligate the payment of money by the Government. The COR advises the Contracting Officer on matters relating to this contract, verifies completion of the work, certifies invoices related to completed work, and ensures compliance with all provisions of the contract.

Corrective Action. Action taken by the Contractor to correct a deficiency and identify the cause(s) of the deficiency.

Custodial Cleaning. Providing an array of cleaning functions that are vital to the daily operation of the facility so as to present a clean facility.

Joint Commission (JC). A national organization dedicated to improving the care, safety, and treatment of patients in health care facilities, and publishers of the Joint Commission on Accreditation Manuals.

Protection. This is preventing damages to surfaces and equipment caused by normal use or improper cleaning procedures.

Quiet Zone. Means normally a noise level of less than 72.B (A) at five feet from the source in patient-occupied areas.

Soil. Dust, dirt, stains, grease, smudges, streaks, spots, lint, odors, organisms, vomits, or any agents that is injurious to health. Soil can be visible such as dust, or can be invisible such as organisms, and odors.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.2 Acronyms:

CBI Compliance and Business Integrity CEH Certified Executive Housekeeper COR Contracting Officer Representative EPA Environmental Protection Agency ID Identification IT Information Technology JC Joint Commission IHEA International Executive Housekeeper Association NEHA National Executive Housekeeping Association OSHA Occupational Safety and Health Agency PWS Performance Work Statement

QASP Quality Assurance Surveillance Plan VA Veterans Affairs

Section 3: Government Furnished Property, Equipment, and Services.

3.1 All equipment, material and supplies shall be furnished by the contractor.

The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract. Any and all materials and equipment used in performance of this contract will be removed from the facility or stored properly at the end of the workday and secured during the workday. If there is not adequate space to store all equipment on site, the contractor will be responsible for bringing equipment to and from the facility.

Section 4: Contractor Furnished Items and Services

4.1 Unless otherwise indicated or specified, the Contractor shall furnish at their own expense all labor, materials, supplies, machinery, and appliances that may be necessary or appropriate in the performance of this contract. This includes furnishing restroom supplies such as toilet tissue, multifold paper towels, feminine hygiene products and antimicrobial soap. The Contractor shall also furnish plastic linings for all receptacles including red biohazard bags, that are to be changed daily. These items must comply with 52.208-9 “Contractor Use of Mandatory Sources of Supply of Services”.

NOTE: The COR has the authority to approve all supplies for use and Safety Data Sheet (SDS) sheets are required to be given to the COR upon request.

4.2 Soap dispensers shall not be of the refillable type, where topping off a dispenser reservoir is done from a larger bulk container. Soap dispensers will be of the design that refills come in disposable bags.

Soap should be an antimicrobial soap of the same type currently used in the James A. Haley Hospital (JAHVA) since it has been vetted by Infection Control and has proven user acceptance. Variations in product selection should be approved by Infection Control at the JAHVA and approval will be coordinated through the COR. Literature on the antimicrobial hand soap used at this facility and throughout the clinics will be provided upon request.

4.3 Contractor shall be responsible for ensuring all equipment, tools, and supplies used meet the necessary safety requirements and employees have full working knowledge of their use.

4.4 Contractor shall provide air fresheners for the restroom and replace as needed.

4.5 Contractor shall provide alcohol-based hand sanitizer for the facility. Sanitizer should be a wall hanging dispenser. Dispensers shall not be of the refillable type, where topping off a dispenser reservoir is done from a larger bulk container. Dispensers will be of the design that refills come in disposable bags. Sanitizer should be the same type currently used in the JAHVA hospitals since it has been vetted by Infection Control and has proven user acceptance. Variations in product selection should be approved by Infection Control and coordinated via the COR.

4.6 Contractor shall provide walk off mats for the entrance ways when the original mats are no longer serviceable. Contractor shall provide umbrella bags on a stand at each entrance way.

Section 5: Specific Tasks Standards: Aseptic areas apply to the breakroom and restrooms. Custodial standards apply to the common areas and office areas.

5.1 Tasks and Cleaning Performance Standards

The following table summarizes the tasks required under this PWS.

Tasks Performance Measures

Acceptable Quality Level

(AQL)

Remedies/Incentives

1. Empty waste cans and reline 3 X Weekly 95% Positive or Adverse CPARS rating; Letter of Concern after every third reported adverse incident; Repeated instances may lead to termination of the contract

2. Place furniture in proper locations 3 X Weekly 95%

3. Spot clean/wash interior windows and door glass 3 X Weekly 95%

4. Dust mop/wet mop all tile/LVT floors. Use of floor scrubber may be needed. 3 X Weekly 95%

5. Clean public restrooms 3 X Weekly 95%

6. Check and Refill all paper towel, toilet paper, feminine hygiene products and soap dispensers 3 X Weekly 95%

7. Clean and organize all housekeeping closets 3 X Weekly 95%

8. Clean/sanitize all bathrooms utilizing a germicidal disinfectant 3 X Weekly 95%

9. Buff all LVT floors Quarterly 95%

10. Dust all horizontal and vertical surfaces 3 X Weekly 95%

11. Spot clean furniture Monthly As needed 95%

12. Spot clean waste cans Monthly As needed 95%

13. Wash walls and doors Monthly As needed 95%

14. Vacuum entrance mats and runners 3 X Weekly 95%

15. Polish all stainless steel 1 X Weekly 95%

16. Interior and Exterior of windows and doors on first floor level.

weekly and spot clean as needed 95%

17. Sweep and mop offices 3 X Weekly 95%

A. Door and Doorjambs: Perform spot cleaning by damp-wiping and polishing unpainted metal doors, washable surfaces of walls, partitions, doors and fixtures, and handrails. Sanitize as needed.

B. Light Fixtures, Vents and Louvers: These areas are to be cleaned and vacuumed weeklyand as needed.

C. Entrance Area: Sweep landing, steps, sidewalk of front entrance area, clean the walk-off mats, hose off as required, and remove standing water. The Contractor shall damp-mop the entrance and lobby floors during inclement weather. Trash containers located inside and outside of entrances shall be emptied.

1) Floor maintenance (non-carpeted): Hard Surface Floor Maintenance: .

2) The Contractor shall wet mop and scrub using germicidal type detergent to sanitize all accessible areas including corners and abutments. The Contractor shall remove any splash marks or mop streaks on furniture, walls, baseboards, etc., or mop strands remaining in the area. The Contractor shall not mop carpeted floors. The Contractor shall change water in mop bucket in between room cleanings.

3) The Contractor shall sweep, dust, and damp mop hard-surfaces, resilient flooring to include normal traffic areas, group rooms, and restrooms. The floors shall be swept, dusted and damp mop using a treated or dust- free method/mop. The Contractor shall ensure that the cleaning includes the corners and abutments. The Contractor shall tilt or move chairs, trash receptacles, and other easily movable items to clean underneath and shall return items to their proper position.

4) The Contractor shall buff all floors accessible to floor machine unless specified elsewhere as having carpet or special flooring. The Contractor shall apply a uniform coating of non-skid floor finish to protect and restore gloss or sheen. The Contractor shall remove excess floor finish solutions. The Contractor shall apply these techniques only to the portion of the floor needing work, to bring the entire floor up to standard.

D. Furniture and Flat Surface Cleaning: (Low Dusting refers to areas 36” and below) The Contractor shall dust all uncluttered horizontal surfaces within reach with a treated dust cloth (i.e., desks, counters, file cabinets, ledges, bookcases, tables, credenzas, window sills, etc.).

The Contractor shall dust vertical surfaces and underneath desks in such a manner as to prevent airborne dust.

1) The Contractor shall dust furniture items such as chairs, file cabinets and other types of office furniture. The Contractor shall damp-dust other office furniture such as vinyl chairs, lamps, telephones, furniture bases, picture frames. The Contractor shall not dust typewriters, computers, business machines and equipment of similar nature.

2) Furniture and Flat Surfaces Cleaning (High Dusting refers to areas higher than 36” up to 70”):

High dusting includes all the wall surfaces, door frames, shelves, equipment, window sills, ledges, hand rails, etc. that are 70 inches from the floor or more.

E. Furniture: The Contractor shall vacuum upholstered furniture; clean behind furniture and corners. Move items as necessary to ensure thorough and adequate cleaning; replace to original position.

F. Doors (Entrance areas): The Contractor shall clean all glass partitions, interior and exterior glass doors, display cases, directory boards, and draft shields on windows, mirrors and adjacent trim.

G. Stairwells: The Contractor shall sweep, dust and damp mop as needed. Lamps, vents, ceiling and wall areas shall be free of cobwebs, dust, debris and insects.

H. Walls: Spot/Clean/Wash. The Contractor shall spot-clean wall surfaces to remove cobwebs, fingerprints, smudges. The Contractor shall sanitize the walls as needed.

I. Venetian Blinds: The Contractor shall vacuum and damp clean all blinds to remove surface dust.

J. Window Cleaning Interior: The Contractor shall wash all windows on interior surfaces, damp-wipe window sashes/sills. The contractor is not responsible for the highest interior windows.

K. Break Areas: The contractor shall clean all break areas 3 X per week; trash is to be removed 3 X per week. All tables and counter tops are to be wiped down 3 X per week. The inside of the refrigerator is to be cleaned monthly. The contractor is to work with the COR to schedule cleaning of the refrigerator. The microwave oven is to be cleaned 3 X per week.

L. Information Technology (IT) Closet: The Contractor shall coordinate with the VA IT staff to gain access to these secured areas in order to sweep and dust mop floors monthly. The Contractor shall not use any type of liquids, vacuums or duster in these closets. The Contractor shall not unplug any IT equipment unless performed by IT staff. To maintain the proper air temperatures in the IT rooms, the entry doors shall not be left open. The IT closet will be cleaned as needed.

M. Ceilings: The Contractor shall dust and remove cobwebs from the ceilings, vents and light fixtures weekly.

N. Miscellaneous

1) Water Fountains: The Contractor shall empty, rinse and sanitize drinking fountains, water coolers, the hot/cold water dispensers with a germicidal type detergent..

2) Polish Metal. The Contractor shall polish the brass and other metal, aluminum, stainless steel hardware on doors, push bars, and the kicking plates weekly.

O. Restrooms

1) The Contractor shall clean and sanitize sinks, urinals, and toilets.

2) The floor traps shall be always maintained free from odor.

3) The Contractor shall sweep and wet-mop the floors daily and spray buff as required. The

Contractor shall apply a uniform coating of non-skid floor finish. The Contractor shall remove any excess floor finish solutions.

4) The Contractor shall damp-wipe walls, doors, partitions, mirrors, shelving, and window frames and sills. The Contractor shall use an approved germicide/detergent in restrooms to disinfect all surfaces of partitions, stalls, faces of toilet bowls, urinals, lavatories, showers, dispensers, and other such surfaces.

5) The Contractor shall damp-wipe and polishes the chrome fixtures.

6) The Contractor shall clean (descale) toilet bowls and urinals.

7) The Contractor shall furnish and replenish restroom supplies for example: soap dispensers, paper towels, toilet tissue and sanitary napkins. The Contractor shall ensure sufficient supplies are provided.

8) The Contractor shall empty, clean, disinfect, and re-line all sanitary napkin and all waste receptacles.

P. Waste

1) All trash containers throughout the facility shall be emptied and returned to their original locations 3 X per week. Boxes, cans, paper placed near a trash receptacle and marked “TRASH” shall be removed. All trash containers, waste baskets, etc. shall be fitted with a biodegradable disposable plastic liner. All plastic liners for trash receptacles of any sort shall be replaced with new ones when receptacle is emptied. The trash shall be deposited in the nearest outside trash collection container as directed by the COR. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

2) Supplies:

a) Contractor shall ensure restrooms are stocked sufficiently so that supplies including soap for the soap dispensers, paper towels, air fresheners and toilet paper are not depleted. Supplies shall be stored in designated areas and shall be kept up off the floor.

If supplies run out prior to the next service date, contractor shall refill within 24 hours of notification.

b) Soap dispensers shall not be of the refillable type, where topping off a dispenser reservoir is done from a larger bulk container. Soap dispensers will be of the design that refills come in disposable bags. Soap should be an antimicrobial soap of the same type currently used in the JAHVA hospital since it has been vetted by Infection Control and has proven user acceptance. Variations in product selection should be approved by Infection Control and coordinated through the COR. Literature on the antimicrobial hand soap used at this facility and throughout the clinics will be provided upon request.

Q. Offices:

All offices should be cleaned 3 X per week. Trash will be removed, sinks and counters cleaned, furniture wiped down walls wiped down and floors swept and mopped.

5.2 Contractor Personnel

a) The Contractor shall assign an International Executive Housekeeper Association (IHEA) Certified Executive Housekeeper (CEH) to supervise and train the contracted personnel. The supervisor shall develop and evaluate the environmental sanitation procedures in order to insure compliance with all provisions contained in this contract.

b) The CEH shall have at least one (1) year of prior experience as a CEH Manager within the last three years. Written certification of experience and copies of any formal training program (i.e.

National Executive Housekeeping Association (NEHA) shall be submitted to the COR before starting work. The COR’s approval must be received prior to an employee working at any of the facilities.

c) The CEH or stand-in representative shall be available during normal duty hours to respond by telephone within thirty (30) minutes of notification by the COR and shall be available to meet with COR or designated representative within 2 hours after notification to discuss problems areas. After normal duty hours, the CEH or stand-in representative shall be available within 3 hours.

d) The contractor’s employees shall be fluent in English and shall be able to read, write, speak, understand and communicate effectively in English.

e) Prior to beginning performance under this contract, the Contractor shall provide the following:

a) List of employees who will provide services under this contract

b) Name, telephone number and address of the CEH

c) List of shift supervisors

f) The Contractor shall notify the COR in writing whenever there is a change of personnel appointed to fulfill supervisory or shift leader function or when there is a planned absence of key personnel. The CEH shall, in the absence of the Contractor, act as the Contractor

Representative. He/she shall have full authority to act for the Contractor on all matters relating to daily operations of this contract.

g) The Contractor shall not consume food, snacks, drinks or tobacco products except during specified break periods in appropriate designated break areas only.

h) The Contractor is responsible for compliance with all appropriate Joint Commission record keeping requirements.

i) The Contractor shall also be responsible for adhering to all requirements under the Privacy Act due to the possibility that confidential medical record information may be accessible and/or visible to contractor employees during performance of their daily duties. The Contractor shall obtain a signed “Confidentiality Certificate” from each employee prior to allowing them to start work under this contract. The contractor shall keep a copy of confidentiality certificate on site for inspection purposes.

j) The Contractor is not required to have physical examination prior to work on this contract;

however, the Contractor is expected to be in good physical health and able to work in patient care areas without risk to the patients. The Contractor shall not be assigned to this contract if not in good physical health or pose a risk to patients. The Contractor who acquires a communicable illness shall not perform service under the contract and shall be free of illness before returning to work.

5.3 Safety Training Requirements

a) The Contractor shall consider the clinical environment and instruct his/her employees on applicable safety precautions and special requirements. These requirements may include, but are not limited to, such conditions as cleaning of human excretions, blood, vomit, etc., from both floors and walls. The contractor shall maintain acceptable sanitation standards in accordance with standard commercial practice. Daily handling of known infectious materials, knowledge of aseptic techniques as related to working in this type of environment or any careless handling of this type of material could be a source of infection for patients and personnel.

b)

c) To ensure competent and safe performance of the work under this contract, the Contractor shall provide appropriate training to employees prior to the beginning of service under this contract.

This includes any OSHA or specific SDS instructions for chemicals, etc., use in performance of the contract.

5.4 Contractor’s Attire and Identification

a) The Contractor shall wear a standard custodial type uniform which is easily recognizable and clearly distinguish them as the “Contractor.” Uniforms shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. Standard custodial type uniform is defined as collared work short (button-down or polo style) and pants or skirt of twill or similar material (no denim). The Contractor shall wear appropriate footwear that will cover the entire foot for safety purposes.

b) Identification Tags/Cards. The Contractor shall wear on the front of the uniform, clearly readable name identification (ID) logo identifying the contractor’s and employee’s name. The Government will issue ID cards to the Contractor after background checks have been completed. The Contractor shall obtain “Visitors’ Badges” during the interim period via VA Police or Human Resource Department.

c) In special sanitation and/or “isolation” situations, the Contractor may be required to wear special protective clothing and shoe covers, which will be supplied by the medical facility. Such items are to remain the property of the Government and shall not be removed from the premises of the medical facility. They will be received, worn, and turned in or disposed of as directed by the COR.

All other safety or protective clothing or equipment shall be provided and maintained by the Contractor at the Contractor’s own expense.

d) Contractor’s Personal Hygiene: The Contractor’s attire and presentation shall be appropriate per industry standard.

5.5 Contractor Training

a) Contractor personnel shall not be assigned to work until they have completed initial orientation and required training as indicated below under item 5.5.2. Exception: An exception will be made during the first sixty (60) days of contract performance, whereby Contractor’s employees who have had general janitorial and OSHA training will be permitted to start work at the VA medical facilities, on the condition that the training specified herein shall be completed within sixty (60) days after contract effective date. The Contractor shall provide an initial training plan to the COR for approval. The initial plan shall include topics, brief statement of content and method of training.

Documentation verifying the content of such training and orientation shall be transmitted to the

COR.

b) Minimum Contractor-Furnished Training: Initial training shall cover the topics listed below. The Contractor shall accomplish the training within 5 work days.

1) General orientation of basic bacteriological concepts, including the basics of how disease is caused and transmitted, how it can be prevented, reduced or contained through proper environmental sanitation methods.

2) Infection control orientation, relating duty functions to the technical provision of this specification.

3) Proper use and handling of germicidal detergents, supplies and equipment.

4) Care and maintenance of Contractor and Government-furnished property.

5) Familiarization with local fire preventing and safety procedures.

6) Familiarization with applicable facility polices/regulations and their effect on sanitation

Services.

7) Familiarization with the Contractors procedures manual.

8) Individual duties and responsibilities.

9) Procedures for replenishing cleaning supplies and obtaining equipment repair.

10) Role of Contractor’s personnel in the facility and their impact on patient care

11) Techniques/methods for measuring quality of work performance

12) Basic orientation to the facility, function, mission, goals

13) Facility emergency fire and disaster program

14) Hazardous Communication Standard

15) Utility Operation

16) Standard Precautions

17) Emergency Preparedness

18) Body Mechanics/Lifting

19) Accident Reporting

20) Sexual Harassment

21) Ethics

22) TB-Precautions (PPD Hep B)

23) Mercury/Spills

24) Chemo Waste Handling

25) Linen exchange services, including proper handling and care of all linens.

c) Compliance and Business Integrity (CBI) Awareness Training: The Contractor shall complete initial compliance awareness training within thirty (30) days of contract award effective date. The Contractor shall also meet the annual compliance awareness refresher training.

d) Remedial Training: When notified, the Contractor shall complete remedial training and education to address any detected compliance issues.

e) Proof of Training: The Contractor shall submit proof of training by providing a copy of the training to the COR or designated representative. The COR will retain proof of training in accordance with applicable Records Control Schedule.

5.6 Contractor’s Quality Control Plan

a) The Contractor shall establish and maintain a complete quality control program to ensure the requirements of the contract are met.Contractor shall provide one copy of the Quality Control Plan with their proposal.. An updated copy shall be provided the COR as changes occur. The quality control program shall include, but are not be limited to the following:

1) An inspection system covering the required services. The plan shall specify the areas to be inspected on either a scheduled or unscheduled basis and how often inspections shall be accomplished.

2) The plan shall provide methods for identifying and preventing deficiencies and how the Contractor shall prevent the level of performance from becoming unacceptable.

3) On-site records of all inspections conducted by the Contractor and necessary corrective action taken.

4) A system to record all inspections conducted by the Contractor and record corrective action.

These documents shall be made available to the COR or designated representative during the term of the contract.

5.7 Fire Prevention and Emergency Procedures

a) The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings.

b) Any hazardous incidents created by the Contractor shall be corrected immediately.

c) The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract.

d) The Contractor shall follow applicable facility policies concerning fire and/or disaster events.

e) Posting Warning Signs: The Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard. The cleaning of lobbies and corridors, resulting in a temporary wet or slippery floor surface, shall be, appropriately posted with signs and shall be accomplished so that it will not be necessary for personnel or patients to cross the wet surface to gain access to other areas.

5.8 Building Security

a) The Contractor shall be responsible for safeguarding all Government property provided for the

Contractor’s use. At the close of each work period, Government facilities, equipment and materials shall be secured.

b) When leaving a work area, the Contractor shall turn off lights if the area is unoccupied unless otherwise directed by the COR. The Contractor shall secure and lock the window(s) before leaving the area and if there is difficulty securing the areas, the Contractor shall notify the COR or designated representative.

c) The Contractor shall turn in all lost articles found during the performance of duties to the COR or designated representative.

d) If the contractor does not have access to an area due to either not having a key or otherwise, the contractor shall immediately notify the COR so that appropriate action can be taken.

e) The engineering, IT, and telephone closets are restricted access. The contractor will not have keys to those areas and will require an escort to those areas.

5.9 Interference to Normal Function

The Contractor shall delay or interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

5.10 Damage and Equipment Loss

a) The Contractor shall report damages or disfigurement of Government-owned furnishings, fixtures, equipment, and architectural or building structures to the COR immediately. The Contractor shall provide a written report of any damage or disfigurement to items to the COR or designated representative within 24 hours. The Government will not be responsible for Contractor’s equipment or belongings that are lost, stolen or damaged.

b) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. Any damage must be reported to the COR immediately for appropriate action.

c) Damage to the building, its contents or loss of Government property, in excess of $100,000 will require a Report of Survey or Investigative Report by VA Personnel. Appropriate Government personnel will conduct the investigation. The responsible party will be required to replace and/or submit payment for damage or loss.

d) The Contractor shall use reasonable care or be liable for the cost of repairs and/or replacement of damages to Government-owned equipment, fixtures, furnishings, grounds and architectural or building structures.

5.11 Handling of Government Furniture and Equipment

a) The COR or designated representative will instruct the Contractor what Government items should not to be moved or otherwise handled. Any medical apparatus in use on or by a patient will not be moved or otherwise handled by the Contractor except when prior arrangements have been made with the nurse supervisor.

b) In emergency situations, the Contractor’s assistance may be required to help move patients out of harm’s way.

5.12 Conservation of Utilities

a) The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under condition which precludes the waste of utilities, which shall include:

1) The Contractor shall not adjust any mechanical equipment controls for heating, ventilation and air conditioning system unless otherwise directed by the COR or designated representative.

2) The Contractor shall turn-off all water faucets or values when not in usage.

3) The Contractor shall not use Government telephones for personal reasons.

5.13 Applicable Regulations and Manuals

a) All work under this contract must be performed in accordance with (1) current Joint Commission Manual (JC); (2) Occupational Safety and Health Agency (OSHA); (3) Environmental Protection Agency (EPA) and Hazardous Materials requirements; (4) regulations cited in this Performance Work Statement (PWS) and (5) industry standards.

b) Documents applicable to work described in this section are mandatory and are listed below. The Government will provide the Contractor copies of all regulations, manuals and specifications such as those listed below. Supplements and amendments will be updated and will be considered to be full force and effective immediately upon receipt by the Contractor. The policies and procedures of mandatory directives shall be adhered to at all times. The Contractor shall insure that all mandatory publications are posted and up to date.

a) Security Clearances, Access Controls, Identification Badges

b) Facility policies concerning fire / disaster program.

c) Parking Requirements

d) Infection Control Manuals

ATTACHMENT 1

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

With No Sensitive Data but Requires Training

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

b. 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.

c. 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.

d. 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.

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.

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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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.

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-days’ 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.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the 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.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies listed on the JAHMC Document Management Center share point site:

HPM NO. 90-25; HEALTHCARE VENDOR ACCESS AND COMPETENCY

HPM NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 132-05; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11-91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors.

Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date and name of individual. Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

ATTACHMENT 2

NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

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. James A Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics. 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 James A. Haley Veterans’ Hospital and Clinics 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.