Attachment 2 PWS BAS for VAHCS in Vancouver and Portland.docx

PERFORMANCE WORK STATEMENT

1.0 GENERAL:

1.1 Authority: The Contractor agrees to provide Building Management Software (BMS) Maintenance and Service of the Delta Building Management System (BAS) in accordance with the terms and conditions stated.

1.2 Services Required: Portland Veterans Affairs (VA) Health Care System, 3710 SW US Veterans Hospital Road, Portland, Oregon requires system support for the BAS. Physical locations will include Portland VAMC located at 3710 SW US Veterans Hospital Road, Portland, Oregon and Vancouver VAMC located at 1601 East Fourth Plain Boulevard, Vancouver, Washington.

1.3 Place of Performance: The Contractor shall conduct the services described on site at Portland VAMC and Vancouver VAMC respectively.

1.4 Period of Performance: This contract will be for a base year and two option years.

1.5 Scope of Work:

a. The Contractor performs maintenance and servicing of Portland VA Healthcare System BAS to include proactive upgrades and preventative maintenance of hardware and software systems as well as training of VA facilities staff on the use, programming, and troubleshooting of the BAS.

b. Maintenance and service to be performed on components throughout the two campuses as applicable; programming to be facilitated on computer systems in the respective energy center.

c. Contractor is required to be onsite two days per week; one day per week at Portland VAMC, and one day per week at Vancouver VAMC or as dictated by specific needs (i.e., if any specific project requires extra attention that campus will be visited consecutively as necessary).

2. Qualifications: The Contractor shall provide services in accordance with all applicable federal, state, and local regulations, laws, and ordinances, and in accordance with the specifications outlined by VA design and operation guidelines. All requirements and provisions defined in the specification of this solicitation shall apply to any branch, division, sub-contractor, etc. supporting the scope. The Contractor shall be certified to operate on Delta Controls and must have record of completion of the Fundamental Technical Certification Exam.

2.1 Technical Direction:

1. Invoices: Invoices shall be submitted monthly in arrears with the following information

a. Contract number and purchase order number.

b. Station ID Portland 648.

c. Date and times of service

d. Description of services provided and hourly allocation(s)

e. Invoices will be billed as individual line items as they are listed in the price schedule

2. Monthly invoice(s) will contain only those item numbers used for that month. Invoices not received in proper format will be refused.

3. Marketing: Contractor shall not advertise or use any marketing material, logos, trade names, service marks, or other material belonging to the VA without consent.

3.0 CONTRACTOR RESPONSIBILITIES: The Contractor shall provide products and services in accordance with all applicable federal, state, and local regulations, laws, and ordinances, and in accordance with the specifications outlined by VA design guidelines, accreditation certification(s), efficiency programs, etc. as applicable. All requirements and provisions defined in the specification of this solicitation will apply to any sub-contractor, etc. supporting the scope of work.

Task 1. Contractor is responsible for providing up-to-date documents, special instructions, and specifications for existing or proposed hardware and software.

Task 2. Contractor is responsible for providing hardware and software compatible with up-to-date versions as appropriate.

Task 3. Contractor shall use appropriate safeguards to prevent use or disclosure of the PHI other than is provided for by this agreement.

Task 4. Contractor shall report immediately any breach of safeguards and mitigate any harmful effect related to the use or disclosure of PHI by any of its agents, including subcontractors.

Task 5. Contractor shall provide services before, during, and after normal business hours.

Task 6. The Contractor shall coordinate with Portland VA M&O personnel to identify needs, risks, and opportunities related to BAS management system.

Task 7. The Contractor shall coordinate with Portland VA M&O personnel regarding training protocols related to BAS management system. Training shall include members of all shifts.

Task 8. The Contractor shall provide Portland VA with quarterly status reports including but not limited to current status, improvements, needs, recommendations, and performance improvements.

Task 9. The Contractor must have the ability to provide information that can be used to help select the proper system design, functionality, and upgrades.

4.0 GOVERNMENT RESPONSIBILITIES:

4.1 Oversight of Service/Performance Monitoring:

1. Oversight and performance monitoring will be accomplished by following the attached QASP. Services rendered will be verified by VA staff, which assures the VA pays for only those services requested and performed.

2. The services specified in this contract may be changed by written modification to this contract. The modification will be prepared and approved by the VA contracting officer prior to becoming effective.

3. ORDER OF PRECEDENCE: The terms, conditions, and attachments referenced herein, including any formal written modifications thereto, constitute the complete agreement between the parties and take precedence over any other language, oral or written.

4. Contracting Officer: The Contracting Officer (CO) is responsible for the overall administration of this contract. Contractor is advised that only the Contracting Officer, acting within the scope of his/her duties and responsibilities, has the authority to make changes to the contract, which affect contract prices, terms and conditions of this contract.

5. Governing Law: This contract shall be governed, construed and enforced in accordance with Federal Law.

5. Methods of Surveillance: In accordance with the QASP.

6. Security: All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e-QIP Questionnaire. The Contractor is required to fulfill all security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access.

The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

7. Records Management Obligations A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veterans Affairs records.

1. does not include personal materials.

1. applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs contract.

1. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

1. 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.

1. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

1. Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

1. 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 Department of Veterans Affairs 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

1. 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 Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

1. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy.

1. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

1. 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.

1. The Department of Veterans Affairs 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 Department of Veterans Affairs 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.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veterans Affairs provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.