ATTACHMENT 1 - PWS.docx

James A. Haley Veterans’ Hospital (JAHVH) Exterior Window Cleaning and Resealing Performance Work Statement (PWS)

1. General.

This is a non-personal service contract that will be in support of the James A Haley Veterans’ Hospital (JAHVH) facility. The Contractor is responsible for providing a cleaning/sealing program exterior windows as outlined in the PWS.

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 perform to the requirements set forth in this document that are designed to provide acceptable service levels of performance standards.

2. Scope.

The contractor shall plan, develop, and implement an exterior window cleaning and resealing (caulking) as outlined in this Performance Work Statement (PWS). The designated areas are to be cleaned in their entirety (NOT spot cleaned). Windows will be resealed (caulked). Window shall not be removed to achieve these tasks. Best commercial practices shall be applied in the performance of work. All work shall be completed per approved and accepted industry standards throughout the duration of the contract. The Contractor shall furnish all labor, transportation, supplies, and equipment.

2.1. Period of Performance (POP): 8/1/2022 – 7/31/2023 (Tentative Date)

2.2. Place of Performance. Services to be performed at:

2.2.1. James A Haley Veterans Hospital (JAHVH), 13,000 Bruce B Downs Blvd., Tampa, FL 33612.

· Building 1 - 722 Windows

· Building 41 - 67 Windows

2.3. Work Hours. The COR shall determine the actual date and time of service and will notify the Contractor no less than 30 days prior to the date on which service is required. All quantities will be verified by the contractor during the walk through.

2.3.1. James A Haley Veterans Hospital (JAHVH), The Contractor may provide most services between the hours of 7:00 am and 5:00 pm, Monday through Sunday (7-days per week).

2.3.1.1. Some services will need to be conducted on week-ends due to clinical operations.

2.4. The following approved holiday are shown in Table 1. Under normal circumstance, contractor is not required to perform services during Federal Holidays. When a holiday falls on Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the U.S. Government agencies.

Holiday

Table 1

2.5. Type of Contract. The Government anticipates award of a Firm Fixed-Price Contract.

2.6. Quality Assurance (QA). The Government Quality Assurance Surveillance Plan (QASP) shall be used as the objective basis for determining the Contractor's performance during any established reporting period. This plan primarily focuses on the Government's measures to ensure that the Contractor has performed IAW performance standards. The QASP is a living document that the Government may review and revise on a regular basis. The intent of the QASP is to ensure performance IAW the metrics set forth in the contract documents to guarantee the Government receives the quality of services specified and only pays for the acceptable level of services it receives. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

2.7. Contractor Personnel Security & Suitability. The services provided under this contract are considered low-risk or non-sensitive contractor positions. Contractor and all associated Subcontractor employees shall comply with applicable facility and local security policies and procedures. The Contractor shall also provide information required for background checks to meet VA access requirements, if applicable. The Contractor workforce must comply with all personal identity verification requirements as directed by VA and/or local policy.

2.7.1. Non-PIV Cards. The Contractor’s Work-Lead and Supervisor will be issued non-PIV cards for access into designated areas (e.g., rooftops) in the performance of services included in this contract.

2.7.1.1. The level of background investigation commensurate with the level of access needed is: Special Agreement Check (SAC). (This requirement is applicable to all subcontractor personnel requiring the same access.)

2.8. Contracting Officer's Representative (COR). The COR will be designated by a formal letter to the Contractor. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions identified in the appointment letter: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements including Government drawings, designs, and specifications; monitor the Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide worksite entry for Contractor personnel. The COR's formal designation letter states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

2.9. Post Award Meeting. The Contractor shall attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post-award orientation shall be held within 30 calendar days of award.

The purpose of the post-award orientation is to: discuss any unique characteristics of the requirement(s); identify stakeholders' roles and responsibilities; and establish a common understanding of schedule and performance expectations.

The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the CO or COR will apprise the Contractor of how the Government views the Contractors performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

2.10. Contractor Personnel.

2.10.1. Responsibilities. The Contractor shall assume responsibility for all functions outlined in this PWS upon contract award date.

2.10.2. Contractor shall comply with the occupational health and safety standards as forth in OSHA 29 CFR 1910 and ANSI/ICWA 1 14, the Window Cleaning Safety Standard, for exterior building maintenance operations.

2.10.2.1. Contractor personnel performing work shall have completed Occupational Safety and Health Administration (OSHA) 10 training and high-rise training by a competent authority in conformance with industry standards.

2.10.3. Contractor shall provide all types of shielding, barricades, warning signs and any other protection necessary to protect the personnel, equipment, and the area in which the Contractor's will be working, from injury, damage, and/or contamination during the duration of the work.

2.10.4. Contractor shall notify the COR immediately in the event of any damage to VA property caused by the Contractor's personnel, equipment, or materials. Special care shall be taken with automatic doors, ID card readers, lighting, and all electronic fixtures when using water. The Contractor shall notify the COR in the event damage is discovered prior to the beginning of or during the work performed as part of these specifications.

2.10.5. Contractor shall promptly repair, or source to have repaired all damage caused by the Contractor's personnel equipment, including the procedures used and/or the materials used by them in the performance of the work pursuant to these specifications. The repairs shall be done to the complete satisfaction of the government.

3. Miscellaneous.

3.1. Other Workplace Safety Requirements.

3.1.1. Safety Plan. The Contractor shall provide the COR a written work and safety plan for review at least five working days prior to the start of any work.

3.1.1.1. The plan shall address potential risks in pursuing the work and steps taken to mitigate those risks including but not limited to methods of anchoring working surfaces and personnel to ensure fall protection, and procedures used in case of an emergency.

Additionally, the work plan shall include the proposed work schedule and shall identify by timeline when certifications of wire ropes, working platforms, and other associated equipment are required during the project. A procedural description of daily inspections to ensure personnel safety and equipment readiness must also be provided. Proof of certification, where certifications is required, shall be provided to the COR before equipment systems and their components may be used on the jobsite and should be provided in the work plan. In addition, the work plan should provide documentation related to employee training and experience.

3.1.1.2. VA personnel, Contractor's personnel, the building, and property shall always be protected when overhead work is in progress.

3.2. Work Site Clean Up.

3.2.1. The Contractor shall thoroughly clean all walls, floors, roofs, staging, storage areas, sidewalks, canopies, roadways, etc. affected by the work.

3.2.2. All areas shall be left in a neat and clean condition in compliance with VA standards of cleanliness and must meet the approval of the COR.

3.3. Safety Data Sheets (SDS) Requirements.

3.3.1. Contractor shall provide the COR a copy of Safety Data Sheets (SDS) for all materials used in the performance of this contract where such a sheet is required.

3.3.2. Contractor shall always keep a copy of the above referenced SDS at its work site for products in use requiring such a sheet.

3.3.3. All products (i.e., cleaners/solvents) used must be eco-friendly.

4. Definitions.

4.1. Contractors. 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.

4.2. Contracting Officer (CO). A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

4.3. Contracting Officer's Representative (COR). An employee of the U.S. Government appointed by the CO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

4.4. Defective Service. A service output that does not meet the standard of performance associated with the PWS and may require re-performance until the standard is met.

4.5. Deliverables. Anything that can be physically delivered but may include non- manufactured things such as meeting minutes or reports.

4.6. Exterior Cleaning. Process of making sure the exterior of a building is clear of any cobwebs, dirt, grime, stains, and pollutants.

4.7. Landscape. Boulders, statutes, outdoor dedications, and memorials shall be included in cleaning services.

4.8. Physical Security. Actions that prevent the loss or damage of Government property.

4.9. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

4.10. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

4.11. Quality Control. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

4.12. Safety Data Sheet (SDS). A written document that outlines information and procedures for handling and working with chemicals. Also, may be referred to as a Material Data Safety Data Sheet (MSDS).

4.13. Structures. Includes entire building envelope for all buildings, all exterior building aesthetics (i.e., Bldg. 1), over-hangs, roofs of structures with no walls, enclosed (screened) outdoor patios, atriums, covered walk-ways, gazebos, parking garages (exterior), loading dock areas, water towers, surrounding walls/perimeter walls & columns, entryways, ambulance parking area(s). All shall be included in cleaning services.

4.14. Sub-Contractor. A person that enters a contract with a prime Contractor. The Government does not have privity of contract with the Sub-contractor.

4.15. Walkway. Any area designated for foot traffic includes but not limited to sidewalks, crosswalks, & walking paths. Typically, made from concrete, asphalt, pavers, or tile.

4.16. Workday. The number of hours per day the Contractor provides services in accordance with the contract.

4.17. Work Week. Monday through Friday unless specified otherwise.

5. Government Furnished Property, Equipment and/or Services.

5.1. Services: The Government will move furniture or other objects, as needed. The Contractor shall make requests to the COR.

5.2. Facilities: All services outlined in this PWS will take place at VA facilities; however, no permanent workspace will be provided to the contractor.

5.3. Utilities: The Government will provide all utilities at facilities for the Contractors use in performance of tasks outlined in this PWS. The Contractor shall instruct its employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish their task.

6. Contractor Furnished Items and Responsibilities.

6.1. The Contractor shall provide all personnel, services, supplies, equipment, and transportation required to perform work under this contract. The contractor shall ensure all personnel have the required relevant experience and training to handle their tasks successfully. The Contractor shall have qualified technicians at the start of the contract period.

6.2. Equipment: Personal Protective Equipment (PPE). The Contractor will provide PPE to contractor/subcontractor employees. PPE will include disposable gloves, masks and other items that may be required or deemed necessary for personnel working in the facility.

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

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. 13205; 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.

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. 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.

2) If unvaccinated, contractors 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 that includes an affiliated telehealth service.

3) 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 Contracting Officer Representatives (CORs) or other hospital personnel.

4) 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.

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.

a. 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.

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

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.