Attachement B - Performance Work Statement.pdf

36C24823Q0700

B.2 PERFORMANCE WORK STATEMENT (PWS)

Medical Gas Inspection and Certification

1.0 Introduction - This is a non-personal services contract to provide Medical Gas Inspection and Certification at VA San Juan main facility and Mayaguez Outpatient Clinic (MOPC). The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the required service at VACHS as defined in this Performance Work Statement (PWS).

2.0 Mission - The Facilities Management Service (FMS) provide, operate, and maintain a "state of the art" facility service program in support of our Veterans Health Care System; carry out a program of education and development of personnel involved in the health care environment, promote environmental research and development of technologies in support of health care and provide these services in a cost effective, compassionate, humanitarian, and ethical manner.

3.0 Scope- The Contractor shall perform these requirements in accordance with this PWS, local, state, and federal laws and regulations, and Veteran Affairs (VA) regulations. In the event of conflict between regulatory guidance, the most stringent requirement shall apply. The contract is to provide medical gas inspection and certification services.

4.0 General Requirements: This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Non personal services - The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

4.2 Type of contract - The Government will award a firm-fixed price contract.

4.3 Period of performance - The period of performance for this effort will be a base year of 12 months and four (4) option periods of twelve (12) months each. Each option will be exercised at the government’s discretion. In addition, the resulting contract will have an additional option to extend the services for up to six (6) months at the government’s discretion. The proposed schedule is as follows:

4.3.1 Base Year May 1, 2023 – April 30, 2024

4.3.2 Option Number 1 - May 1, 2024 – April 30, 2025

4.3.3 Option Number 2 - May 1, 2025 – April 30, 2026

4.3.4 Option Number 3 - May 1, 2026 – April 30, 2027

4.3.5 Option Number 4 - May 1, 2027 – April 30, 2028

4.4 Location and Hours of Work - Tasks under this PWS shall be performed at VA San

Juan main facility located at 10 Casia Street San Juan, Puerto Rico 00921 and at Mayaguez Outpatient Clinic (MOC) located at 175 Ave. Algarrobo, Mayaguez Puerto Rico 00680.

4.5 Location and Hours of Work - The Contractor shall perform the services during the core hours of operation from 8:00 AM to 5:00 PM Monday through Friday. The exceptions for the regular operational hours are Federal Holidays, Good Friday, and/or when the government facility is closed due to local or national emergencies, administrative closings, or similar federal government directed facility closings.

4.6 Recognized Government Holidays. The Contractor is not required to work on the legal public holidays listed below. Holidays occurring on weekends will be observed as directed by the published United States Office of Personnel Management (OPM) calendar.

New Year’s: Day 1 January Martin Luther King Jr. Birthday: 3rd Monday in January Washington’s Birthday: 3rd Monday in February Memorial Day: Last Monday in May Juneteenth: 19 June Independence Day: 4th of July Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans Day: 11th of November Thanksgiving Day: 4th Thursday in November Christmas Day: 25 December

Or any other day declared as a federal holiday by the President of United States.

4.7 Business Relations - The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, submittals, timely identification of issues, and effective management of subcontractors, if any. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. Within the bounds of acquisition policy, the VACHS intends to work to find solutions that will be beneficial to both the Government and its Contractors.

4.8 Contract Administration and Management

4.8.1 Post Award Conference / Performance Evaluation Meeting - Post Award

Conference / Performance Evaluation Meetings.

4.8.2 The Contractor may be required to attend a post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. This meeting may be conducted virtually. Written minutes of such meetings will be recorded by the Contractor and signed by the Program/Project Manager and the CO and/or Point of Contact (POC) and distributed within five (5) workdays after the meeting.

4.8.3 Performance/Progress Meetings will be held as necessary. There may be occasions when subsequent meetings will be called by either party to reconfirm mutual understandings and/or address deficiencies in the Quality Control (QC) system or procedures which may require corrective action by the Contractor. The Contractor Representative shall meet with the POC and/or CO as required. A mutual effort will be made to resolve all problems identified. The POC shall sign the written minutes of these meetings.

4.8.4 Contract Administration Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the government and the contractor.

4.8.5 Contractor Employees - The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work specified herein. The contractor shall ensure the labor categories/occupation code as defined by the Department of Labor are aligned to those tasks delineated in this PWS. The contractor shall comply with the minimum rates established in the applicable wage determination for this service. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

4.8.6 Contractor Identification - All contract personnel shall be identified as a Contractor (i.e., badge, company logo, or uniform). All contract personnel are required to identify themselves such that they avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all correspondence (documents, emails etc.) or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

5.0 Performance Requirements The following section specifies the Performance Objectives and Performance Elements for the contract.

5.1 Vendor requirements - Contractor shall perform the evaluation, inspection, and certification of Medical Gas Systems throughout VACHS which include, but is not limited to: O2, N2, N2O, and Vacuum system. These services shall be conducted in the Hospital’s Main Building, Bulk Liquid Oxygen System, South Bed Tower, Outpatient Addition (OPA), and the Community Living Center (CLC). These shall also be conducted at the Mayaguez Outpatient Clinic (MOPC).

5.2 The contractor shall furnish all necessary equipment, materials, and labor to adequately perform the specified services in this scope.

5.3 Contractor shall perform testing, evaluation, and certification of the following overall medical gas & vacuum system parameters:

5.3.1 High & low-pressure systems

5.3.2 Leaks

5.3.3 Ambient levels (as required)

5.3.4 Vacuum inlets and ventilation

5.3.5 N2O recirculation areas

5.4 Contractor shall perform testing and evaluation of the O2, N2, N2O, and Vacuum system for the following, as it pertains to each system:

5.4.1 Current Inventory

5.4.2 Master Alarms

5.4.3 Area Alarms

5.4.4 Zone Valves

5.4.5 Patient Terminals

5.4.6 Gaseous Contaminants

5.4.7 Dew Point Temperature

5.4.8 Solid Particulates

5.5 The total amount of medical gas terminals, master alarms, area alarms, and zone valves to be evaluated, inspected, and certified are the following:

San Juan main facility Master Alarm Panels

2 Total Switches 131

Area Alarm Panels 35 Total Alarm Points 102 Zone Valve Boxes 78 Total Valves 206 Medical Gas Terminals 1670

Mayaguez Outpatient Clinic (MOPC)

Master Alarm Panels

2 Total Switches 24

Area Alarm Panels 8 Total Alarm Points 24 Zone Valve Boxes 24 Total Valves 24

Medical Gas Terminals 50

5.6 Additions/Deletions: Additional terminals, alarm points, or valves may be included or deleted from the contract via supplemental agreement.

5.7 The contractor shall be a ASSE certified and shall have comprehensive knowledge and experience of all the pertinent standards, laws, regulations, specifications, and procedures included in the following, but are not limited to: NFPA, ANSI, CGA, USP, OSHA, DHHS, TJC, and NIOSH.

5.8 Contractor shall possess the following certifications for company and personnel (technicians) assigned to service this contract:

5.8.1 ASSE 6020 Medical Gas Systems Inspectors

5.8.2 ASSE 6030 Medical Gas Systems Verifiers

5.8.3 OSHA 10-hr General Industry

6.0 Reports

6.1 Provide a written report of findings, inventory, and recommendations, along with any supporting documentation within 15 calendar days of conducted inspection. In the case of a deficiency, include the deficiency location code and recommended actions to be taken, for each respective terminal.

6.2 Contractor shall include transportation expenses, shipping and handling of materials and tools required to fulfill the requirements of this contract. The equipment, tools and /or materials shall be delivered to VACHS in San Juan, Puerto Rico.

6.3 Reports shall be delivered to the Point of Contact (POC) within 15 calendar days after completing an area. Each report will be reviewed by the POC and the Safety Service’s Industrial Hygienist. Reports shall include the following:

6.3.1 Findings Summary by area

6.3.2 Medical Gas Equipment Inspected Inventory

6.3.3 Medical Gas Verification Equipment Calibrations and Certifications

6.3.4 Alarm Panel Inspection Records (Master and Area)

6.3.5 Valve Box Inspection Records

6.3.6 Terminal Inspection Records

6.3.7 Bulk Oxygen Inspection Records

6.3.8 Manifolds Inspection Records for all systems

6.3.9 Medical Air Compressor Inspection Records

6.3.10 Vacuum Pumps Evaluation Records

7.0 Safety Requirements:

7.1 The contractor shall assure that its employees have received any necessary safety training on equipment to be used as part of this contract, any required Personal

Protective Equipment (PPE), medical surveillance programs, individual health protection measures, and manufacturer's product and Safety Data Sheet (SDS), as required by OSHA. Contractor shall also comply with all applicable national safety codes and standards.

7.2 The contractor shall always maintain a copy of all current safety certifications at the site, as well as comply with all other site documentation requirements of applicable OSHA programs and this specification.

7.3 The work shall be coordinated in a manner that will avoid impact to normal clinic/area operations. The Contractor is responsible for the protection of existing structures, utilities, and any other item within the installation area. Workers shall stay within the site area. Any damage shall be repaired at the contractors’ expense. The Contractor shall be responsible to execute the work carefully, and to restore the disturbed area to its original conditions; including, but not limited to cleaning and organizing all items moved while on site.

7.4 The work shall be coordinated in a manner that will avoid impact to normal clinic/area operations. The Contractor is responsible for the protection of existing structures, utilities, and any other item within the installation area. Workers shall stay within the site area. Any damage shall be repaired at the contractors’ expense. The Contractor shall be responsible to execute the work carefully, and to restore the disturbed area to its original conditions; including, but not limited to cleaning and organizing all items moved while on site.

7.5 The Contractor will provide all labor, associated materials, personnel protective equipment, and all necessary equipment required for the services included in this contract. If the Contractor damages accidentally and/or intentionally any equipment or material, they shall repair it within 24 hours. Exceptions could be made if approved by the Point of Contact (POC).

8.0 Quality Control Plan

8.1 Contractor shall provide a quality control plan tailored for this contract. This plan shall be submitted 14-calendar days after the award date.

8.2 The contractor shall establish a complete quality control program to ensure the requirement of the contract are provided as specified.

9.0 Scheduling:

9.1 Contractor shall provide a work plan with projected dates (schedule) for services on each area 14-calendar day after the award date. Such work plan will be reviewed by POC to understand and verify areas availability. POC will provide review comments for adjustments if necessary. This work plan will be subjected to changes during the contract period being exercised.

9.2 Inspections, evaluations, and certifications of medical gas systems and vacuums shall be coordinated with POC prior to their performance.

10.0 Performance Requirement Summary (PRS)

Performance Objective (Task)

Performance Standard

Monitoring Method

Acceptable Quality Level (AQL)

Incentive (Positive / Negative)

Perform inspection, evaluation, and certification of medical gas systems and vacuums

PWS Work Plan Periodic surveillance Inspections.

All inspected terminals must be evaluated and certified with 100% accuracy

Immediate corrective action taken at no additional cost to the Government

Coordinate inspection, evaluation, and certification with

POC

prior to work performance

PWS

Email/Phone call validated through

CO/POC

95% of all inspections, evaluations, and certifications

Immediate corrective action taken at no additional cost to the Government

Provide written reports with findings, inventory, and recommendations within 15 days of conducted inspection

PWS Report receipt validated through

CO/POC

95% of all inspections, evaluations, and certifications

Immediate corrective action taken at no additional cost to the Government

11.0 VA Information Custodial language:

11.1 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.

11.2 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.

11.3 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.

11.4 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.

12.0 Security Incident Investigation:

12.1 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 POC 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.

12.2 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.

12.3 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.

12.4 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.

13.0 Liquidated Damages for data breach:

13.1 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.

13.2 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.

14.0 Security Controls Compliance Testing:

14.1 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.

15.0 Training:

15.1 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.

15.2 (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.

15.3 The contractor shall provide to the contracting officer and/or the POC 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.

15.4 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.

15.5 The Certification and Accreditation (C&A) requirements do not apply and a Security

Accreditation Package is not required for this PWS.

16.0 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety

Protocols for Federal Contractors

16.1 Contractor employees who work in or travel to VHA locations must comply with the following:

16.1.1 Documentation requirements:

16.1.2 If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

16.1.3 If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

16.1.4 Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by POC or other hospital personnel.

16.1.5 Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

16.2 Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

16.3 Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

16.4 Contractor must immediately notify their POC or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

17.0 Influenza Vaccination

17.1 All contract employees shall comply with VHA Directive 1192.01, Seasonal

Influenza Vaccination Program for VHA Healthcare Personnel. This policy applies to all individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other Health Care Personnel (HCP) as part of their duties.

17.2 Masking requirements for unvaccinated HCP: HCP who do not receive influenza vaccination due to medical or religious exemptions must designate this at the VA Employee Health Unit on the HCP Influenza VA Form 10-9050 and wear a face mask while in any VHA location, including both clinical and non-clinical areas. In addition, HCP are required to wear a face mask during performance of their assigned duties and responsibilities. The face mask shall be worn throughout the influenza season, or until the individual HCP receives a flu vaccination and completes the required VA Form 10-9050.

17.3

18.0 Acronyms:

18.1 This section lists acronyms that are used in this Statement of Work and other parts of the solicitation.

18.1.1 ANSI – American National Standards Institute

18.1.2 CGA – Compressed Gas Association

18.1.3 POC – Person of Contact

18.1.4 DHHS – Department of Health and Human Services

18.1.5 FDA – U.S. Food & Drug Administration

18.1.6 SDS – Safety Data Sheets

18.1.7 N2 – Nitrogen gas

18.1.8 N2O – Nitrous Oxide

18.1.9 NFPA – National Fire Protection Association

18.1.10NIOSH – National Institute for Occupational Safety and Health 18.1.11O2 – Oxygen 18.1.12OSHA – Occupational Safety and Health Administration 18.1.13SCF – Standard Cubic feet 18.1.14TJC – The Joint Commission 18.1.15USP – United States Pharmacopeia 18.1.16ASSE – American Society of Sanitary Engineering