Final PWS Life Safety Survey Bldg 100 and Bldg 1 Pipe Basement.docx

Performance Work Statement (PWS) Life Safety Assessment Survey Solicitation No. 36C24826Q0937

1. Place of Performance James A. Haley Veterans Hospital (JAHVH) main campus, 13000 Bruce B. Downs Blvd (Building 100 and Building 1 Pipe Basement), Tampa, FL 33612.

2. Scope of Work James A. Haley Veterans' Hospital, located at 13000 Bruce B. Downs Blvd, has expanded to include a New Bed Tower on the southeast side of the property. Building 100 and the Basement of Building 1 require a completed Life Safety Assessment by a qualified Fire Protection Engineer (or team of Fire Protection Engineers) to inspect the facilities and ensure all fire protection–related features meet the applicable NFPA codes, and that the facility's Life Safety Drawings are accurate and consistent with the applicable requirements of NFPA 101.

This contract includes a complete life safety assessment of the entirety of Building 100 and the Basement of Building 1, and a completed report of findings referenced to applicable standards. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform the life safety assessment of Building 100 and the Basement of Building 1. Life Safety Drawings will be provided by the Contracting Officer's Representative (COR) for the Contractor's use during the assessment.

3. Security Requirements The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required for this effort. This is a facilities life safety survey; it does not involve access to, or creation of, VA sensitive personal information (SPI) or protected health information (PHI) in the ordinary course of performance.

4. Description of Services / General Information

4.1 Hours of Operation and Scheduling

The Contractor shall provide Life Safety Assessment services for the identified facilities during normal hours of operation, Monday through Friday, 0800–1600. The Contractor shall perform work on consecutive days until the on-site assessment is complete. The Contractor shall not perform work on weekends or the following observed Federal holidays:

Note: This includes any other day declared by the President of the United States to be a national holiday.

This service assesses Building 1 Basement and the entirety of Building 100 to ensure all fire protection–related features comply with relevant NFPA codes. The Contractor shall demonstrate an adequate standard of care by utilizing published, peer-reviewed, industry-appropriate standards of practice.

4.2 Description of Services

The Contractor shall complete the Life Safety Assessment utilizing the most current approved edition of the Life Safety Code (NFPA 101) applicable to the new construction. The Contractor shall document any discrepancies between the existing Life Safety Drawings provided by the COR or designee and actual field conditions, to enable future revision of those drawings. The Contractor shall provide a written report of all deficiency findings, referenced to the applicable code standard.

The Contractor shall perform the survey on consecutive days unless a different schedule is approved by the COR or designee.

Performance timeline (governing schedule for this PWS):

The Contractor is to provide complete life safety assessment services for Building 100, totaling 217,863 SF, and the Basement of Building 1, totaling 135,960 SF. Building 100 is designed for multiple occupancies, where each level is considered a separate occupancy from adjacent levels, and Level 1 is a mixed occupancy. Building 1 Basement is a pipe basement housing facility management shop.

Occupancy Details:

Building 100

Building 100 Total

217,863

Building 1

The Services shall consist of all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to meet performance under this contract, as detailed below.

5. Specific Tasks

5.1 Third-Party Fire Protection Code Life Safety Assessment

For new construction of a healthcare facility, fire protection code life safety assessments shall be performed by a qualified Fire Protection Engineer (or engineers) not associated with the design team. The Contractor shall conduct the assessment Monday through Friday, 0800–1600, excluding all Federal holidays. The Contractor shall conduct a thorough on-site review of the facility and assess compliance with the Life Safety Code (NFPA 101), using the current Life Safety Drawings provided by the COR.

The Contractor's Life Safety Assessment shall include a visual or physical inspection of the following:

· Fire-rated doors and assemblies

· Smoke doors and assemblies

· Smoke detectors

· Fire dampers and combination fire/smoke dampers

· Smoke dampers

· Fire pull stations

· Portable fire extinguishers

· Hazardous areas

· Egress paths

· Exit signs

· Illumination devices and emergency lighting

· Fire resistance ratings of doors and partitions

· Water-based fire suppression system (sprinkler system)

· Kitchen cooking exhaust equipment

· Elevators

· Enclosure protection

· Fire alarm horn and/or strobe locations

· Miscellaneous life safety features and components

5.2 Life Safety Assessment Report of Deficiencies

A written report identifying all life safety deficiencies shall be provided for Building 100 and Building 1 Basement no later than 10 calendar days after completion of the on-site survey (see Section 4.2 timeline table). Each identified deficiency must reference the applicable code standard(s). The deficiency report shall be provided to the COR.

6. Requirements The Fire Protection Engineer(s) performing this assessment must have 10+ years of experience designing healthcare facilities and conducting building life safety assessments. The Contractor shall use the most current approved applicable edition of the Life Safety Code (NFPA 101) for the assessment of Building 100 (Bed Tower) and the Building 1 Pipe Basement. The Contractor shall provide a Fire Protection Engineer to perform the on-site survey on consecutive days, not to exceed 5 calendar days. The Contractor shall provide the necessary Fire Protection Engineer certification for all personnel used to complete the assessment. All work under this contract shall be performed by certified, trained Fire Protection Engineers.

No subcontracting is permitted under this contract; all work shall be performed directly by the awarded Contractor's certified Fire Protection Engineer personnel.

7. Training and Records Maintenance All personnel servicing this contract must hold all necessary certifications. The Contractor shall provide a copy of training certificates/certifications to the COR within 5–10 calendar days of contract award, for all Contractor personnel performing work under this contract.

8. Documentation of Services Provided The Contractor shall provide a written report of deficiencies within 10 calendar days of the on-site Life Safety Assessment (see Section 4.2 timeline table). At a minimum, the report shall include:

· A unique identifier for each deficiency

· A full description of each deficiency, including pictures for clarification as needed

· The code standard referenced for each deficiency

9. 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 safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The Contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures. All work under this contract shall be performed by certified, trained Fire Protection Engineers.

10. Contractor Employees Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees (e.g., via visible ID badge/company identification while on VA premises).

11. Changes to Statement of Work Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer (CO). A copy of each change shall be kept in a project folder along with all other project records. Costs incurred by the Contractor as a result of actions taken by parties other than the CO (or designee) shall be borne by the Contractor.

12. Quality Assurance Surveillance Plan (QASP) The Contractor shall be evaluated in accordance with the following QASP.

12.1 Purpose

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance under this contract. This QASP explains:

· What shall be monitored

· How monitoring shall take place

· Who shall conduct the monitoring

· How monitoring efforts and results shall be documented This QASP does not detail how the Contractor accomplishes the work; the Contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government's responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a "living document," and the Government may review and revise it periodically. Changes shall be coordinated with the Contractor, and copies of the original QASP and any revisions shall be provided to the Contractor and to Government officials implementing surveillance activities.

12.2 Government Roles and Responsibilities

Contracting Officer (CO): The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with contract terms, and safeguard the interests of the Department of Veterans Affairs (VA) in the contractual relationship. The CO shall assure that the Contractor receives impartial, fair, and equitable treatment and is ultimately responsible for the final determination of the adequacy of the Contractor's performance.

Assigned Contracting Officer: Walida Moore-Saintil Contracting Officer's Representative (COR): The COR is responsible for the technical administration of the contract and shall assure proper Government surveillance of Contractor performance. The COR shall maintain a quality assurance file. The COR is not empowered to make contractual commitments or authorize contractual changes on the Government's behalf.

Assigned COR: Jennifer Eakes

12.3 Contractor Representatives

1. Program Manager: [TO BE COMPLETED BY AWARDEE]

2. Other Contractor Personnel: [TO BE COMPLETED BY AWARDEE]

12.4 Performance Standards

The Performance Requirements below shall be used to determine Contractor performance, compared against the Acceptable Quality Level (AQL). Method of surveillance and incentive/disincentive structure are uniform across all standards, as noted in the table.

Surveillance Method (applies to all rows): The Government will evaluate performance based on tenant satisfaction, surveys, tenant interviews, service requests, or other required documentation.

Incentives/Disincentives (applies to all rows): Incentive — favorable contractor performance evaluation. Disincentive — unfavorable contractor performance evaluation. Repeated violation may result in termination of services.

12.5 Incentives/Disincentives

The Government shall use favorable contractor performance evaluations as incentives. Incentives/disincentives shall be based on exceeding, meeting, or not meeting performance standards.

12.6 Procedures/Methods of QA Surveillance

The COR shall use the following surveillance methods:

a. Direct Observation. Periodic or 100% surveillance.

b. Reported Complaints. Complaint data shall be reviewed by the CO/COR; validated complaints will be further investigated.

12.7 Ratings

· Positive Outcome: No more than 1 incident of not meeting the performance standard during the period of performance.

· Neutral Outcome: No more than 3 incidents of not meeting the performance standard during the period of performance.

· Negative Outcome: More than 3 incidents of not meeting the performance standard during the period of performance.

12.8 Documenting Performance

a. Acceptable Performance. The Government shall document positive performance. Reports may become part of the supporting documentation for any contractual action.

b. Unacceptable Performance. When unacceptable performance occurs, the COR shall inform the CO, normally in writing. The COR shall document the discussion and place it in the project file.

When formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the CO. The CO will review and submit it to the Contractor's program manager for corrective action. The Contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify whether a corrective action plan is required and the timeframe for submission. The Government shall review the Contractor's corrective action plan to determine acceptability.

Any CDRs may become part of the supporting documentation for any contractual action deemed necessary by the CO.

12.9 Frequency of Measurement

a. Frequency of Measurement. The COR will periodically analyze whether the frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings. The COR shall conduct a performance assessment meeting with the Contractor if negative trends are identified; otherwise, an annual performance assessment report will be completed and uploaded into the Contractor Performance Assessment Reporting System (CPARS).

13. Contractor Experience Requirements

· The on-site Contractor personnel must be a certified Fire Protection Engineer with 10+ years of experience.

· The Contractor must have past performance in healthcare settings.

14. Confidentiality and Nondisclosure No VA sensitive personal information (SPI) or protected health information (PHI) is expected to be accessed or created in the ordinary course of this contract. In the event the Contractor's performance results in incidental access to VA information or VA information systems beyond what is contemplated by this PWS, the requirements of Section 15 below shall apply.

15. VA Information and Information System Security/Privacy Language VA Information Custodial Language:

· Contractors, contractor personnel, subcontractors, and subcontractor personnel are subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

· If VA determines the Contractor has violated any information confidentiality, privacy, or security provision of the contract, this shall be sufficient grounds for VA to withhold payment or terminate the contract for default or for cause under FAR Part 12.

· A Contractor/subcontractor shall request logical or physical access to VA information and VA information systems only to the extent necessary to perform the services specified in the contract.

· All Contractors, subcontractors, and third-party servicers working with VA information are subject to the same investigative requirements as VA appointees or employees with access to the same types of information, in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program.

Security Incident Investigation: A "security incident" means an event that has, or could have, resulted in unauthorized access to, loss of, or damage to VA assets or sensitive information, or an action breaching VA security procedures. The Contractor/subcontractor shall immediately notify the COR and, simultaneously, the designated Information Security Officer (ISO) and Privacy Officer, of any known or suspected security/privacy incident or unauthorized disclosure involving VA information.

Liquidated Damages for Data Breach: Consistent with 38 U.S.C. § 5725, if this contract results in Contractor access to sensitive personal information (SPI), the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving that SPI, per FAR/VAAR clause 852.211-76. Given the limited scope of this requirement (Section 3 and Section 14 above), this provision is not expected to be triggered under normal performance, but remains part of the contract in the event circumstances change.

Security Controls Compliance Testing: VA, including the Office of Inspector General, reserves the right to periodically evaluate security controls and privacy practices implemented by the Contractor. With 10 working days' notice, the Contractor must cooperate with a Government-sponsored security controls assessment. VA may conduct such an assessment on shorter notice, including unannounced assessments, in the event of a security incident.

(CO Note: This section has been reconciled with Sections 3 and 14 to remove the flat contradiction identified in prior review. It now clarifies that the VA information security/data-breach framework remains part of the contract (consistent with including VAAR clause 852.211-76 in the synopsis) but is not expected to be operative given the limited nature of this requirement. Confirm this framing matches your office's intent — the alternative would be to remove Sections 14–15 entirely and drop 852.211-76 from the synopsis, if you're confident no VA information system access of any kind will occur.)

16. Records Management Obligations A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined below, regardless of medium.

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 as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the U.S. Government, or because of the informational value of the data.

The term Federal record:

· Includes VA records.

· Does not include personal materials.

· Applies to records created, received, or maintained by the Contractor pursuant to this contract.

· May include deliverables and documentation associated with deliverables.

C. Requirements

· The Contractor shall comply with all applicable records management laws and regulations, and NARA records policies, including the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and the Privacy Act of 1974 (5 U.S.C. § 552a).

· In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or under the legal control of, the Government are Federal records subject to 44 U.S.C. chapters 21, 29, 31, and 33, FOIA (5 U.S.C. § 552), and the Privacy Act, and must be managed and scheduled for disposition only as permitted by statute or regulation.

· The Contractor shall maintain all records created for Government use, or delivered to or under the legal control of the Government, 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.

· JAHVH 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 JAHVH's legal custody or destroyed except in accordance with agency records schedules and with written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to fines and penalties under 18 U.S.C. § 2701. Any unlawful or accidental removal, defacing, alteration, or destruction of records must be reported to JAHVH, which will report promptly to NARA per 36 CFR 1230.

· The Contractor shall immediately notify the Contracting Officer upon discovery of any inadvertent or unauthorized disclosure 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 this contract. The Contractor shall ensure appropriate personnel, administrative, technical, and physical safeguards to protect this information. The Contractor shall not remove material from Government facilities or systems without express written permission of the Head of the Contracting Activity. When information/data/records/equipment is no longer required, it shall be returned to JAHVH control or held until otherwise directed. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with agency-approved records schedules.

· The Contractor shall obtain the Contracting Officer's approval prior to engaging any subcontractor requiring disclosure of information or records generated under, or relating to, this contract. The Contractor (and any subcontractor) shall abide by Government and JAHVH guidance for protecting sensitive, proprietary, classified, and controlled unclassified information. (Note: No subcontracting is permitted under this PWS; this provision is retained for completeness and flow-down consistency should that restriction change.)

· The Contractor shall use Government IT equipment only for purposes specifically tied to or authorized by the contract and in accordance with JAHVH policy.

· The Contractor shall not create or maintain records containing non-public JAHVH information not specifically tied to or authorized by the contract.

· The Contractor shall not retain, use, sell, or disseminate copies of any deliverable containing Privacy Act–protected information or information generally exempt from FOIA disclosure.

· JAHVH owns the rights to all data and records produced under this contract. All deliverables are the property of the U.S. Government, for which JAHVH has unlimited rights to use, dispose of, or disclose as it determines to be in the public interest. Any Contractor rights in data or deliverables must be identified per FAR 52.227-11 through 52.227-20.

· Training: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to complete JAHVH-provided records management training. The Contractor is responsible for confirming completion per agency policy, including initial and refresher training.

D. Flowdown of Requirements to Subcontractors

· The Contractor shall incorporate the substance of this clause, including this paragraph, into all subcontracts under this contract (if subcontracting is later authorized), and require written subcontractor acknowledgment of the same.

· Violation by a subcontractor of any provision of this clause will be attributed to the Contractor.

Reference: Records Management Language for Contracts | National Archives