Performance Work Statement (PWS)

B170 Unit 3K Shower Room Epoxy Repair

Fort Roots NLR Medical Center

Central Arkansas Veterans Healthcare System (CAVHS)

North Little Rock, AR

A. Background: The epoxy coating around the grab bars in the North Little Rock Fort Roots

Healthcare Center 3K-116 shower room is starting to peel. The bars themselves have also been deemed non-compliant with the Americans with Disabilities Act (ADA) and require total removal. To replace the Ligature Resistant Grab Bar, the walls will have to be recoated with a matching epoxy color.

B. Scope: Contractor shall provide all tools, shipping, delivery, personnel, transportation, demolition, to recoat the shower section of walls from the left corner around room 3K-116 at the Eugene J. Towbin Healthcare Center.

1. General Requirements

1.1 Task Requirements

• The Contractor shall recoat the wall section of the shower area, from the left corner to the sink, with an epoxy coating that matches the existing color.

1.2 Responsibilities of the Contractors

• Installing the ICRA barrier

• Maintain compliance with all ICRA policies and procedures

• Ensure work complies with VA Specs 09 96 59 for Resinous Specialty Glazed

Coating Systems for Walls, Ceilings, Wallboard, and Block CMU

• Contractors shall keep all the tools and equipment in their line of sight when entering the medical center

• Keep the patient shower door always locked

• Ensure no patients enter or exit Unit 3K

• Store equipment in the shower room laundry area

• Perform final clean-up of the area before leaving the site

• Ensure drains are not clogged with epoxy material

1.3 Responsibilities of the Government

• Provide access to the 3K Unit

• Provide Escort if necessary

1.4 Safety and Environmental Protection

• Comply with all OSHA, EPA, and local safety regulations

• Ensure protection of personnel, equipment, and facility operations

• Handle and dispose of any hazardous materials per regulations

1.5 Exclusions

• The inward walls surrounding the one recessed window

2. Layout and Pictures

Figure 1. RM 3K-116 Drawing

Figure 2. Main Shower Area

C. Delivery Hours: All deliveries shall be scheduled 48 hours in advance. Deliveries pertaining to this contract will need to be performed Monday through Friday unless a Federal holiday falls on one of these days. Typical hours are between 8am and 4pm. If delivery is required outside of these hours of operations, it must be coordinated with the project Contracting

Officer’s Representative (COR). On the days listed below delivery shall not be scheduled unless unique situations arise and prior approval between the delivery and CAVHS parties involved is agreed upon.

D. Work Hours: Work shall be performed during normal business hours, 8:00AM-4:30PM, unless otherwise coordinated.

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

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth National Independence Day June 19

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 December 25

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.

F. Period of Performance

1. 30 days from the Notice to Proceed.

2. The contractor shall present an acceptable schedule to the COR and CO prior to the start of work.

G. Changes to the Performance Work Statement: 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 effects any such change at 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 in 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.

H. Invoicing/Payment: Contractor shall submit invoices after delivery, installation, testing and acceptance by government representative. No advance payments shall be authorized. A proper invoice must include:

a) Name and address of Contractor

b) Facility’s name and address where supply was delivered

c) Invoice date

d) Contract number and Purchase Order (PO) number

e) Contract Line-Item Number (LIN)

f) Description, quantity, unit of measure, unit price and total price of item(s) ordered.

g) Name and address of authorized official to whom payment is to be sent.

h) Name, title, phone number, email of person to be notified if invoice is defective.

I. Delivery Location: Central Arkansas Veterans Healthcare System

2200 Fort Roots Dr. Eugene J. Towbin Healthcare Center

North Little Rock, AR. 72114

J. Confidentiality and nondisclosure: The contractor understands and agrees that confidential information (patients, employee, or facility) must always be secured and protected. The contractor r and its personnel shall be held liable in the event a breach of confidentiality occurs as a result of the Supplier 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.

K. Information System Officer /Protection: The Supplier will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services.

L. Privacy Officer: 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.

M. RECORDS MANAGER:

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.

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.

This language should not replace specific records management requirements included within

Federal information system contracts.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

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

“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.

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.