S06 - PWS Air Flow Updated 032526.docx

Performance Work Statement Air Flow and Pressure Testing Central Arkansas Veterans Healthcare System (CAVHS)

1. Scope:

A. The contractor shall provide all labor, tools, materials, equipment, transportation and supervision necessary to perform room air flow and pressure testing in complete and strict accordance with the contract and all attachments thereto.

2. General Guidance:

A. The purpose of this contract is to test, balance, and keep a record of all air flow and pressure sensitive rooms at CAVHS campuses. The VA has standards for air flow, air changes per hour, temperature, humidity, and pressure differential. They also have recommendations on how often we need to verify that the rooms are within range. This will also help meet our JCAHO requirements to monitor the air and pressure sensitive rooms.

B. Annually, a National Environmental Balancing Bureau (NEBB) or Associated Air Balance Council (AABC) certified air balance company will test and document all the pressure and air flow sensitive rooms that the Central Arkansas Veterans Healthcare System (CAVHS) campus has. The contractor will provide CAVHS with a document showing all rooms temp, air flow, pressure, and air flow directions of all doors in the space they are testing.

C. Rooms that require Quarterly testing will be manually tested and documented in the same format as the annual report.

3. Period of Performance:

A. This contract will be a Base year with 4 Option years.

4. Locations:

A. 2200 Fort Roots Dr., North Little Rock Ar.72114 and

4300 West 7th street Little Rock, AR 72205.

B. This testing is necessary for the CAVHS Medical Center to meet Joint Commission on Accreditation of Healthcare Organizations (JCAHO) compliance.

5. Room List (See excel Spreadsheet):

A. The provided room list is subject to change. The testing of all rooms, according to the provided room list, requires room pressure & air change verification in both facilities. Supply, Return & Exhaust airflows will be recorded for each room. Rooms will be measured to determine total volume of each. Rooms will be verified to meet the required room pressures & air changes.

B. For any rooms that do not meet the required pressure or air changes, airflows will be adjusted/balanced (if possible) to ensure areas are in the correct specifications. Any area that cannot be corrected by simple adjustments or balance will be discussed with maintenance personnel to determine what corrective action is needed. The documentation will need to provide individual grill CFM and total cfm for the room. Room pressure, room temperature, room humidity and fiscal measurements of the room will also need to be documented.

6. Certification:

A. The contractor shall be Certified by the National Environmental Balancing Bureau (NEBB) or the Associated Air Balance Council (AABC). The contractor will also need to provide NIST certifications for all testing equipment used.

7. Work Hours:

A. All work pertaining to this contract will need to be performed between 7:00 AM – 3:30 PM Monday-Friday, unless a federal holiday falls on one of these days. Most of the work can be done between these times, but in select cases such as the operating room, emergency department, and Pharmacy, after hours services may be required. Working outside of the days listed above is prohibited unless unique situations arise and prior approval between the contractor and COR is agreed upon.

8. Government Observed Holidays:

A. The Government hereby provides notice, and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

B. In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order.

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by the Federal Statute.

9. Changes to the Performance Work Statement:

A. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and such changes will be executed bi-laterally in accordance with FAR 52.212-4 (c). The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor affects any such change in the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority, and no adjustment will be made to the contract price to cover any increase in costs incurred as a result thereof. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

10. Reporting Requirements:

A. All documents will be given to the Contracting Officer and/or the Contracting Officer Representative in an Excel spreadsheet file.

11. Government Responsibilities:

A. The government shall provide the contractor with access to the rooms when needed as long as the service and contractor agree on the time and date.

12. Contractor Experience and/or Requirements:

A. Contract employees shall be NEBB or AABC certified to test and balance Variable Air Volume (VAV) terminals. All test instruments must be 3rd party calibrated with the certification.

B. The NEBB or AABC certified document shall be submitted with the Contractor’s proposal. The CO or COR may request proof of this certification prior to authorizing contract employees to perform any services.

13. Confidentiality and Nondisclosure:

A. The Contractor understands and agrees that confidential information (patients, employee, or facility) must always be secured and protected. The Contractor and its personnel shall be held liable in the event a breech of confidentiality occurs as a result of the Contractor or its employees. Each contract employee will be required to read and sign the Contractor Rules of Behavior and provide the original signature page to the COR.

14. Contractor Personnel Security Requirements:

A. Position Sensitivity: The position sensitivity/risk level has been designated as Nonsensitive/Low Risk.

B. Background Investigation: The level of background investigation commensurate with the required level of access is Minimum.

C. Contractor Responsibilities: Contract employees shall be issued non-PIV badges for physical access only. This requires for contract employees to:

14.C.1. Complete fingerprinting at the CAVHS badging station located in building 68 at the North Little Rock, AR campus.

14.C.2. Complete the OF306 and have two forms of federally acceptable ID.

14.C.3. Successfully complete a Special Agreement Check (SAC) background screening.

14.C.4. Read/sign Contractor Rules of Behavior and provide original signature page to the COR.

14.C.5. The contractor shall pay for lost or missing employee badges issued by CAVHS. The cost for these lost or missing badges will be annotated on and deducted from invoice payments.

14.C.6. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

14.C.7. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

15. Information System Officer, Information Protection:

A. The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

16. Privacy Officer:

A. The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses are de-identified.

17. Records Manager:

A. When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

B. Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

C. This language should not replace specific records management requirements included within Federal information system contracts.

18. Records Management Obligations

A. Applicability

1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

2. The term Federal record:

1) includes [Agency] records.

2) does not include personal materials.

3) applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4) may include deliverables and documentation associated with deliverables.

C. Requirements

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. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except 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 [Agency]. 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 [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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 [Agency] 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 [Agency] policy.

8. The Contractor shall not create or maintain any records containing any non-public [Agency] 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 [Agency] 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 [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down 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.