ATTACHMENT 1 - PWS.docx

Performance Work Statement (PWS)

Facility Maintenance Safety Training Services

PLACE OF PERFORMANCE:

James A. Haley Veterans Administration Medical Center (JAHVAMC) Central Energy Plant, 13000 Bruce B. Downs Blvd., Tampa FL 33612.

SCOPE OF WORK:

Contractor shall provide mandatory onsite training for the Engineering Facilities Maintenance Services (FMS) Maintenance and Operations Section. Electricians, Plumbers, Pipefitters, Industrial mechanics, Maintenances Mechanics, Carpenters, Locksmiths, Painters, AC mechanics, Sheetmetal mechanics and any FMS employee requiring given training. These classes are mandatory, and each person must be trained either initially or annually. Some classes require that employee must be qualified and recertified annually per NFPA 110, NFPA 70e, OSHA standards, Joint Commission, (JACHO) and the James A. Haley Hospital’s HPM.

Provide the following onsite training as listed below:

1) Arc Flash Certification Course - Up to 20 People per class, to be conducted 2 times a year (Semi-Annual) or as needed. Must be qualified and recertified annually.

2) Ariel Lift Safety Class / Course - With a Max of 10 students per class. This class will be conducted 2 times per year (Semi-Annual) or as needed. Must be qualified and recertified annually.

3) Lock Out Tag Out (LOTO) Class / Course - With a Max of 20 students per class. This class will be conducted 2 times per year (Semi-Annual) or as needed. Must be qualified and recertified annually.

4) Fall Protection – General Industry / Course - With Max of 20 students per class. This class will be conducted 2 times per year (Semi-Annual) or as needed.

5) Ladder Safety (To include Vertical ladders with hands on training) - OSHA Compliant Standards (Semi-Annual) or as needed.

6) NFPA Fire and Smoke door inspection Certification Training - NFPA 80 and 101. For new employees (or as needed), Max 5 per class.

7) Forklift Training - Annually (or as needed).

8) Bobcat Training (To include Bobcat Operator) - Annually (or as needed).

9) Medical Gas Brazing- Certification / Course - With Max of 10 Students per class. This class will be conducted 2 times a year (Semi-Annual). Must be qualified and recertified annually.

10) Backflow Prevention – Certification / Course - With Max of 10 Students per class. This class will be conducted every two (2) years (Base Year, Option Year 2, and Option Year 4 only).

11) Medical Gas Installer – ASSE 6040 Certification / Course - With Max of 10 Students per class. This class will be conducted every three (3) years (Option Year 1 and Option Year 4 only).

***All classes will be conducted Monday – Friday between the hours of 8AM – 4PM EST., with the ability to conduct classes in the evening (as needed at no additional cost) ***

Contractor shall provide all training materials and supplies associated with the above training. All Training will be conducted at the James A. Haley VA Hospital in a designated training area.

Period of Performance (POP):

The contract will be for a period of five years, a base year and four (4) option years. However, the option years may be exercised after determination that it is in the best interest of the Government, and it has been determined that it is the most advantageous method of fulfilling the Government’s need for these services.

The contract Base Year and 4 Optional Years estimated to begin as follows:

· Base Year: June XX, 2024, thru June XX, 2025

· Option Year 1: June XX, 2025, thru June XX, 2026

· Option Year 2: June XX, 2026, thru June XX, 2027

· Option Year 3: June XX, 2027, thru June XX, 2028

· Option Year 4: June XX, 2028, thru June XX, 2029

Contracting Officer Representative (COR) Duties and Responsibilities:

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

· 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, specifications

· monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies

· coordinate availability of government furnished property, if required and provide site entry of Contractor personnel.

Government normal duty hours:

Normal duty hours are from 0730-1630, Monday through Friday, excluding Federal holidays. Contractor access will be provided during this time.

The following Federal legal holidays are observed by each facility:

Regulatory Requirements:

Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations pertaining to the performance of the work specified herein. Contractor shall hold all licenses, permits, and certifications as required by federal, state, and local laws, ordinances, rules, and regulations for the proper execution and completion of the service specified herein. Copies of required licenses, permits and certifications shall be provided to the Contracting Officer Representative, COR, upon request.

Safety / Security Requirements:

Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connections with the training. The Contractor shall comply with all applicable federal, state, and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site, other persons including, but not limited to, the public and property which/who may be affected thereby.

Confirmation of Service:

All services shall be confirmed and approved by the COR.

Compliance:

The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of the JAHVAH personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures; example lockout/tagout. All training for the duration of the contract shall be performed by certified trained contractor’s personnel.

Contractor Personal and Management:

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. Example: wearing steel toe boots and safety glasses as required. Contractor personnel shall conduct themselves in a professional manner (i.e., timeliness, communication; spoken and written etc.).

Government Badges. The COR will coordinate the issuance of required access badges to Contractor personnel. Contract personnel shall wear laminated identification badges always provided by the Government when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also always wear a laminated contractor identification badge when performing services under this Contract. The badge will contain a personal picture, name of employee, and Contractor's name. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

Travel:

Travel cost shall be included in the contractor’s quote. This cost covers all travel required to comply with the performance work statement and other related work as specifically authorized by the cognizant Contracting Officer.

Performance Standards and Quality Measurement:

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

The QASP and its performance objectives are as follows:

year at the

will

JAHVAH, 5 days of certification training 2 times every 3 years.

provide a

Year / 5 days, 2 times every three years. Contractor addressing the issues. 30 days will demonstrate after issuing the CDR, the highest levels of

Contractor will be re-rated. If knowledge and performance does not comply under-standing in specified areas:

with PWS, the PCO will be

- Arc Flash Certification notified, the performance record

- Ariel Lift Safety Certification will be documented, and PCO

- Lock Out Tag Out may pursue contract action.

Certification

- ASSE 6040

Certification

- Backflow Preventor Certification

on topics within the PWS.

POTENTIAL REQUIREMENT GROWTH:

The Government may require additional effort to successfully accomplish the Government’s scope of this requirement. The Government reserves the right to include services at additional locations within the VISN as required and funding becomes available. Additional locations include VA Medical Facilities in Bay Pines, Gainesville, Miami, Tampa, West Palm Beach, and San Juan. In accordance with Federal Acquisition Regulation 52.212-4, any changes in the terms and conditions of this contract may be made only by written agreement of the Contractor and Government. The price for services at additional locations are to be determined upon agreement between the Contractor and the Government via bi-lateral modification at the Government’s request.

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.

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 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.

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 while 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. The Contractor (and any sub-contractor) is required to abide by Government and James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics 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 James A. Haley Veterans’ Hospital and Clinics 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 James A Haley Veterans’ Hospital and Clinics 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 VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. 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. Flowdown 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.