P01. PERFORMANCE WORK STATEMENT.docx

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R499--Lifeguard and Pool Maintenance Services (VA-27-00003180)
Solicitation number
36C24226Q0926
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This is a Performance Work Statement (PWS) for lifeguard services and pool maintenance at the James J Peters VA Medical Center in Bronx, New York. The contractor shall provide one certified lifeguard and a project manager (2 hours per week) to operate and maintain a 34,000-gallon therapeutic pool Monday through Friday from 8:00 AM to 4:30 PM (40 hours per week). The base contract period runs from September 24, 2026 through September 23, 2027, with four optional 12-month renewal periods extending through September 23, 2031. The contractor is responsible for all personnel costs, taxes, equipment, supplies, tools, and transportation necessary to deliver services.

The contractor's primary responsibilities include daily pool maintenance tasks such as chemical testing and balancing (minimum three times daily), cleaning, filtration system maintenance, equipment inspection, backwashing, and water level maintenance in accordance with local Health Department regulations. All lifeguards must maintain current Red Cross or state-sanctioned certification and provide lunch break coverage such that no single-guard operation occurs during breaks. The contractor must respond to service issues within 24 hours and conduct at least quarterly site visits with the VA representative. The VA retains responsibility for permit fees, facility repairs, perimeter security, infrastructure maintenance, equipment functionality, utilities, and provision of adequate storage space. All contractor personnel must obtain and wear VA identification badges and identify themselves as contractor employees to avoid creating impressions of government status.

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PERFORMANCE WORK STATEMENT (PWS)

1. General: The Contractor agrees to manage the Therapeutic Pool at the James J Peters VA Medical Center, Bronx, NY.

1.2 Description of Services: The Contractor shall supply all personnel, equipment, transportation, supplies, tools, materials, supervision, and other items necessary to provide Lifeguard Services & Pool Maintenance 5 days per week. The pool is approximately 34,000 gallons.

A. POOL HOURS Operating Hours:

Monday – Friday 8:00 AM- 4:30 PM (40 hours a week) B. PERSONNEL: The Contractor shall provide one (1) Certified Lifeguard who can perform duties during the specified hours in accordance with state and local labor laws. If the lifeguard is sick or on leave, a replacement Lifeguard shall be available. The Contractor shall give at least 24 hours’ notice if the lifeguard will be out. The Contractor shall provide a Project Manager for 2 hours/week (8 hours/month).

1.3 Period of Performance: The Base period of performance shall be from the Date of Award through September 23, 2027, plus four (4) 12-month options to be renewed if needed by the government.

Base Year: September 24, 2026 – September 23, 2027 Option Year One: September 24, 2027 – September 23, 2028 Option Year Two: September 24, 2028 – September 23, 2029 Option Year Three: September 24, 2029 – September 23, 2030 Option Year Four: September 24, 2030 – September 23, 2031

1.4 Scope: The Contractor will render the swimming pool operational by completing the following services:

A. Contractor shall apply for all necessary Health Department permits upon Owner’s request. The Owner shall be responsible for all permit fees, including a processing fee.

B. Check inventory supplies C. Maintenance of pool D. Maintenance of filter (monitoring and refilling of media) E. Personnel F. Client Care / Supervision G. Chemicals & Supplies e.g. chemical test strips, logbook

1.5 Contractor Responsibilities

1.5.1 Maintenance of Pool

A. Contractor will perform a general cleaning before opening the pool each day.

B. Contractor will be responsible for maintaining water purity, in conformance with the local Health Department regulations.

C. Contractor will operate the pool in accordance with rules established by the governing Health Department’s recognized safety rules.

D. Contractor will ensure all users of the facility agree to adhere to swimming pool rules included as “Addendum I” of this agreement.

E. Contractor will not be responsible for the functionality of any pool furniture and equipment, including but not limited to the physical operation of filtration equipment, pool steps and ladders, chairs, chaise lounges, tables, and umbrellas.

F. Contractor will not be responsible for the perimeter barrier of the pool (i.e., building), any locking mechanisms of the barrier, or security surrounding the pool area.

G. Contractor will perform maintenance of filtration equipment.

H. Contractor will perform cleaning functions as necessary to maintain the pool daily and as needed. The following maintenance tasks will be conducted daily, or as noted:

• Pool will be checked a minimum of 3 times a day for chemical balance, including once before the pool is opened, and readings will be recorded for the log.

• Chemicals will be added on a weekly basis, or as needed per chemical tests

• Swimming pool area will be cleaned

• Filters will be checked and cleaned

• Vacuum pool

• Brush pool

• Clean skimmer baskets

• Clean waterline tile

• Backwash filtration system

• Remove facility trash to Owner’s onsite facility

• Maintain water to proper level

• Maintain water purity, in conformance with the local Health Department Regulations

1.5.2 PERSONNEL

A. All personnel employed by the Contractor for work under this agreement shall be employed solely by the Contractor. The Contractor will be responsible for paying these employees and shall pay all taxes and costs incident to the employees' work.

B. All lifeguard(s) employed by Contractor shall have proper Red Cross or other state-sanctioned certification. The Contractor shall have sole discretion over the hours and days of work of employees.

C. Lifeguard(s) will be entitled to ½ hour lunch break for every shift of five hours or longer. No swimming will be allowed in single guard facilities at that time.

D. The Contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. If damages arise from work performed by Contractor-provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident.”

1.5.4 CLIENT CARE / SUPERVISION

The Contractor agrees to conduct site visits and advise the Owner on general pool operation. Dates and times of the site visits may vary. The Contractor agrees to meet with the Owner representative periodically to discuss pool operation and related issues at Owner request. This will be done AT LEAST quarterly.

1.6 GENERAL INFORMATION

1.6.1 RECOGNIZED HOLIDAYS and HOURS OF OPERATION:

The Contractor is not required to perform services on the following nationally recognized holidays unless asked specifically to open the pool;

New Year’s Day, Martin Luther King Jr’s. Day, Presidents’ Day, Memorial Day, Juneteenth National Independence Day, Independence Day (July 4th), Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

The Contractor will respond to any service/ performance issues within 24 hours of the recognized holiday unless the holiday falls on a Friday; the response is then required by the following Monday.

1.6.2 HOURS OF OPERATION: The Contractor is responsible for conducting business 8 hours per day, 5 days per week except when the Government facility is closed due to local or national emergencies, or similar Government-directed facility closings. The Contractor must maintain an adequate workforce to ensure uninterrupted performance of all tasks defined in this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that workforce stability, maturity, and continuity are essential.

1.6.3 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at The James J Peters VA Medical Center.

1.6.4 PHYSICAL SECURITY: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, the Contractor shall secure government facilities, equipment, and materials.

1.6.5 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (CO), Contracting Officer's Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of any problems being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.6 CONTRACTING OFFICER REPRESENTATIVE (COR): The (COR) will be identified by separate letter. 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, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the COR's responsibilities and limitations, especially regarding changes in cost or price, estimates, or delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.7 IDENTIFICATION OF CONTRACTOR EMPLOYEES: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel will be required to obtain and wear badges while performing this service, which can be obtained by first reporting to the Police Service at the applicable facility. The Contractor will return those badges upon completion of work on the same business day.

1.6.8 OTHER DIRECT COSTS: The Contractor takes responsibility for all costs related to visiting each facility upon award of the contract, any travel related to training of staff on the use of the product/service, and any subsequent visits to Contractor facilities. This category includes any travel, reproduction, and shipping expenses associated with supplies and chemicals, training activities, and visits to Contractor facilities.

1.7 VA RESPONSIBILITIES (Owner)

A. Owner will be responsible for any permit fees.

B. Provide Contractor with an ample number of keys to the pool enclosure and facilities.

C. Owner will complete all needed repairs inside the pool enclosure, such as plumbing, decking, fencing, locking mechanisms, caulking, area lights, depth markings, etc.

D. Owner will maintain the perimeter barrier of the pool building and all locking mechanisms of the swimming pool area or enclosure and will be responsible for security of the pool area.

E. If Owner provides pool furniture (including chairs, lounges, tables, umbrellas and umbrella bases), it will be in good working condition. Owner will supply one base for each umbrella.

Contractor will not be responsible for any damages to pool furniture or liable for injury to patrons caused by pool furniture.

F. The Owner shall ensure that the swimming pool facility complies with all building codes and the Local Health Regulations in effect. The Owner shall provide, in good working condition, all necessary equipment for the safe operation of the facility, including but not limited to filtration equipment, pool ladders, rescue tubes, backboard with straps, head immobilizer, deep water divider ropes, elevated guard station(s).

G. Owner will have a telephone at the pool (tone, hard-wired, push-button) before the official opening date available to the lifeguards at all times.

H. Owner will provide Contractor and Contractor’s employees with free parking to service the facility.

I. Owner will provide all utilities—water, electricity, and gas (if needed) for the operation of the pool.

J. Owner will provide Contractor with a copy of Owner’s approved pool rules for the facility.

k. Owner will provide Contractor with a safe working environment.

L. Owner shall provide, free of charge, adequate and conveniently located storage space for cleaning materials and equipment of Contractor and shall be responsible to Contractor for the security of such place.

M. Owner will not be responsible for any Contractor items left unsecured.

1.7.1 OWNER RESPONSIBILITIES FOR PERSONNEL SECURITY SCREENING

A. The VA Security and Investigations Center will provide the necessary forms to the Contractor or to the Contractor's employees after receiving a list of names and addresses.

B. Upon receipt, the VA Security and Investigations Center will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

C. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the Contractor will reimburse the VA facility within 30 days.

D. The VA Security and Investigations Center will notify the contracting officer and Contractor after adjudicating the results of the background investigations received from OPM.

E. The contracting officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

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