ATTACHMENT 1 - PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

Relocation and Removal Services Scope of Work (Description of Services):

The contractor shall provide services to relocate and/or remove equipment and items such as: office furniture (desks, file cabinets, chairs, boxed professional & official publications, etc.); and wheeled or boxed/crated medical and research equipment. The contractor shall not move any employee personal items, computers, monitors or any IT equipment which requires network connectivity, as well as related supplies from the existing location. The contractor will transport the items to the new location and place them according to the direction of the Facility Management Service's (FMS) Supervisor or designated representative. The contractor shall provide all management, tools, (electrical and manual), supplies, equipment and labor necessary to perform furniture disassembly, furniture reassembly, medical and non-medical equipment moving, but not employee personal belongings and general furnishing. IT equipment may be moved within the office at Move Coordinator’s discretion. Relocation and Removal Services will be at the James A. Haley Veterans' Hospital (JAHVH), 13000 Bruce B. Downs Blvd, Tampa Florida 33612, as well as all Community Based Outpatient Clinics (CBOCs) and other leased spaces up to seventy-five (75) miles one way (see Attachment 3 - Leased Space Locations).

Period of Performance (POP):

The contract will be for a period of five (5) 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 Four (4) Optional Years (OY) estimated to begin as follows:

· Base Year: February 1, 2025 - September 30, 2025 (8 Months)

· Option Year 1: October 1, 2025 - September 30, 2026 (12 Months)

· Option Year 2: October 1, 2026 - September 30, 2027 (12 Months)

· Option Year 3: October 1, 2027 - September 30, 2028 (12 Months)

· Option Year 4: October 1, 2028 - September 30, 2029 (12 Months)

***Tentative Dates for contract award***

1. Contractor Responsibilities.

The contractor shall not move any employee personal items, computers, monitors or any IT equipment which requires network connectivity, as well as related supplies from the existing location. The contractor will transport the items to the new location and place them according to the direction of the Facilities Move Coordinator or designated representative. The contractor shall provide all management, tools, (electrical and manual), supplies, equipment, and labor necessary to perform furniture disassembly, furniture reassembly, medical and non-medical equipment moving, but not IT equipment or equipment that requires network connectivity, employee personal belongings and general furnishing.

1.1. The COR will schedule twelve (12) work units (pre-planned) and accommodate up to 12 unscheduled work units for a total (not to exceed) of twenty-four (24) work units during each month. Scheduled work units will be established the 5 business days prior to the move. Unscheduled work units will be coordinated by the COR (or approved alternate POC) upon 24 hours of notice to the contractor. Multiple Work Units may be scheduled for a single day (max 3).

1.2. All work shall be performed by skilled and trained movers/installers able to assemble and disassemble a wide range of furniture brands. For each work unit, the contractor shall provide adequate transportation to include at minimum, four qualified moving personnel, 16’ box truck with a lift gate and a cargo van, labor, travel, parts, tools, equipment, utility dollies (to include furniture dollies), panel carts, marking tags, moving blankets, boxes (as requested) to complete relocation and removal services.

1.3. It is expected that all tasks shall be performed in a neat, professional workmanlike manner, to present a good appearance. The Facility Management designated storage area for excess furniture shall be maintained in a neat, clean, and orderly manner.

1.4. Work Units are defined as an 8-hour period. The specific type of work may vary depending on the current needs; however, a typical work unit includes movement of desks, chairs, modular partitions, modular furniture, medical and non-medical equipment (less than 300 pounds), refrigerators, and other office furnishings during an 8-hour period. IT equipment, employee personal belongings or any equipment which requires network connectivity is not included and shall not be moved.

1.5. The contractor shall perform these services in accordance with the Occupational Safety and Health Administration (OSHA) and the American National Standards Institute (ANSI) safety guidelines.

1.6. All furnishings which require assembly shall be plumb, square, and solidly put together.

1.7. Any damage to VA property, (floors, wall, furniture, etc.) will be promptly repaired by the contractor or sub-contractor, or the next monthly invoice will be withheld pending the completion of any outstanding repair work. The contractor shall be fully responsible for any repair and all damage to VA property, floor finishes, wall paint, furniture, equipment, etc. which results from the activities, negligence, or carelessness of its employees or subcontractors. All damages shall be immediately brought to the attention of the Contracting Officer Representative (COR). In the event the COR is not present, he must be notified the end of that workday. If hidden damage is not discovered on the day the work is performed, the contractor will make the repairs within 72 hours of notification by the VA Facilities in which the work is done shall be open to inspection of sanitation and regulatory conditions by Government representatives. These inspections may be scheduled or unscheduled.

1.8. In cases of disputes between the COR and the contractor, the contractor shall notify the Contracting Officer in writing as soon as possible to avoid delay in conflict resolution. If the Contracting Officer is not notified in writing within thirty (30) days of the date of the incident, the incident shall be considered to have been resolved to the satisfaction of the contractor.

2. Contingency Plan

2.1. Contractor shall furnish a detailed, written contingency plan indicating that services can be continued in the event of contractor’s equipment issues (including transportation vehicle failure), production facility failure, or any circumstance that impacts the contractor’s ability to perform the services.

3. Quality Control

3.1. The Contractor shall have a quality control program to ensure that the requirements of the contract are provided as specified. The plan shall also include procedures to secure Government property while under contractor’s jurisdiction. Subsequent changes to the approved quality control program must also be reviewed and agreed to by the COR and CO. The program shall include the following:

3.1.1. An inspection system covering the performance indicators given in the Quality Assurance/Performance Requirements summary.

3.1.2. A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

3.1.3. A file of all quality control inspections, inspection results, and any corrective action required shall be maintained by the Contractor throughout the duration of this contract. This file shall be available to the COR during normal working hours upon request.

3.2. The Contracting Officer Representative (COR) shall inform the contractor immediately of moving services which were not performed and request immediate re-performance/performance of the services. Re-performance of the moving service must be completed by the next scheduled delivery following notification, for no additional cost to Government. If the contractor does not comply with a request for re-performance or service cannot be re-performed, no payment will be made for the moving service. The quantity of the moving service not rendered shall be determined by the COR and Contracting Officer (CO) and shall be deducted from the monthly invoice. The contractor shall be informed in writing on the amount of the payment reduction.

Quality Assurance/Performance Standards

3.3. The Government will monitor the contractor’s performance under this contract using a Quality Assurance Surveillance Plan (QASP). 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 QASP method of surveillance will be by random inspection.

3.4. The QASP and its performance objectives are as follows:

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: incomplete or inaccurate invoices may be rejected

4. Performance Evaluation Meetings

4.1. The CPM, or their designee, shall meet with the COR on a minimum frequency of bi-monthly according to schedule established by the COR. The COR may be accompanied by the CO or other Government personnel.

4.2. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of additional meeting(s) between the CPM, COR and CO. A mutual effort will be made to resolve all problems identified. The COR will prepare written minutes of these meetings. Should the CPM not concur with the minutes, a written statement will be presented to the CO within five business days, and the CPM will be notified of the decision in writing by the CO.

5. Correspondence

5.1. All correspondence relative to this contract shall bear the VA contract number, title, and name of the VA medical center, and shall be addressed to the COR for technical matters. All other contract matters must include a copy to the CO.

6. Government Representative.

6.1. The COR is responsible for providing technical assistance to the CO in administration of the contract. This responsibility involves quality assurance inspection, surveillance reporting and monthly certification of the contractor’s performance by the COR. The CO will furnish the name of the COR prior to the start date of the contract. The contractor shall be advised of the extent of the authority of the COR. The COR, CO and/or other required Government personnel may make site visits to plant facilities, without necessity of prior notification to contractor. Each phase of the services rendered under this contract is subject to Government inspection during both the contractor’s operation and after completion of tasks. The Government’s program is not a substitute for quality control by the contractor.

6.2. Any change of function by the Government, which may affect this contract as contemplated by this paragraph, and which requires permanent adjustments in frequency or type of performance as well as amounts, quantities, and poundage prices, will be coordinated with the Contractor by the COR and CO prior to initiation of such a change to assure adequate contractual coverage.

7. Phase-in Plan.

7.1. The following documentation must be provided to the COR and CO within 5 days after award.

a. Procedures to secure Government property while under Contractor’s jurisdiction.

b. The role of the CPM and extent of authority.

c. A copy of the Contractor’s Policy and Procedure Manual.

d. The phase-in plan contains the actions and timelines required for successful progress from the current organization to the new. For this requirement, the contracting officer will require a phase-in plan from all offerors and the requesting activities. The purpose of the phase-in plan is to minimize startup confusion, disruption, and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-in to be transparent to the customers. However, contingency plans should also be developed to prepare for other eventualities and to promote a smooth transition. The requesting activities and the contractor phase-in plan must both address the phase-in plan requirements, which include timeline, employee hiring/placement, and other startup activities. The phase-in plans must also describe the performance indicators that will define successful implementation of the service provider’s phase-in plan.

8. Phase-out Plan

8.1. A phase-out plan will be submitted by the customers and contractor 60 days prior to the end of the contract performance period. The purpose of the phase-out plan is to minimize disruption and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-out to be transparent to the customers.

9. Security of Government Equipment

9.1. It is the responsibility of the contractor to ensure that all extraneous articles, except trash, found are turned into the COR daily (Monday through Friday). A note will accompany the articles returned identifying the area or origination, and the type of item it was found on (ex: general OR, special).

10. General Information

10.1. Hours of Operation. The contractor shall perform the services required under this contract 7:00am to 3:30pm.

10.2. Any overtime or holiday pay that may be entitled to contractor personnel performing under this contract shall be the sole responsibility of the contractor and shall not be billed to nor reimbursed by the Government.

11. Personnel. The contractor shall be responsible for the administration and management of all aspects of contractor’s obligations under this contract. This includes responsibility for all contractor employees, subcontracts, agents, and anyone acting for or on behalf of the contractor.

11.1. The Government is authorized to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the facility and its population. If the Government exercises this right to restrict contractor personnel from providing services under this contract, contractor shall provide an acceptable substitute(s) at no additional cost to the Government.

11.2. Contractor’s personnel required on site at VA facilities must read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

11.3. The parties agree that the contractor’s personnel working because of this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. The contractor shall be responsible for providing:

a. Workers Compensation.

b. Professional liability insurance.

c. Health examinations.

d. Income tax withholding, and,

e. Social Security payments.

12. Contracting Officer Representative (COR).

12.1. COR is a Facilities Management Employee

13. Government Furnished Property and Services

13.1. All items being given to the contractor are Government Furnished Property (GFP).

14. Contractor-Furnished Property and Services

14.1. Except for those items or services specifically stated as government-furnished, here or in the specific section of this PWS, the contractor shall furnish everything needed to perform this contract according to all its terms.

15. Other General Information

15.1. Invoicing. Contractor shall submit monthly invoices via OB10/Tungsten system by the 5th business day of each month after services have been performed. Payment will be made via electronic payment directly to the contractor/vendor.

15.2. Normal Hours. Hours of operation are 7:00am – 3:30pm. The contractor may find it necessary to deviate from the normal base hours of operation, to ensure timely completion of work under this PWS at no additional cost to the government.

15.3. Holidays. If a scheduled pick up or delivery falls on the following observed holiday, the service shall be performed on the next workday:

Juneteenth Independence Day

Veterans Day Thanksgiving Day Christmas Day

16. Bioenvironmental Engineering/Hazmat Requirements

16.1. The contractor shall ensure all employees receive the necessary environmental, health, and safety training to ensure compliance with all Occupational Safety and Health Acts (OSHA), federal and local laws. The contractor shall protect the health and safety of employees and the community, minimizing the risk of environmental pollution.

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.

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 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 PWS.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions, so they follow 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. 132 05; 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 daily 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.

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:

C. Requirements

[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