RFQ 36C24820Q1191 UPDATE LIFE SAFETY BARRIERS.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 61

36C24820Q1191 08-10-2020

JAVIER MEDINA-VELAZQUEZ 787-641-7582 08-18-2020

4:00 PM

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

X 100

X

541611

$16.5 Million

N/A

X

See Delivery Schedule

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Contractor shall conduct a Life Safety Code survey of the buildings, update all Life Safety drawings, document deficiencies, identify appropriate occupancy classifications and recommend corrective actions at the VA Caribbean Healthcare System (VACHS) IAW PWS

See CONTINUATION Page

X X

Javier Medina-Velazquez

VA-VHA-2020-992F8564

36C24820Q1191

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 CONTRACT ADMINISTRATION DATA

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION AND FRINGE BENEFITS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT

UNIT

PRICE AMOUNT

0001 Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing Life Safety Survey IAW PWS at the VA Caribbean Healthcare System (VACHS).

Contract Period: Base POP Begin: 09-14-2020 POP End: 09-13-2021

1 YR _________ ________

1001 Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing Life Safety Survey IAW PWS at the VA Caribbean Healthcare System (VACHS).

Contract Period: Option 1 POP Begin: 09-14-2021 POP End: 09-13-2022

1 YR _________ ________

2001 Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing Life Safety Survey IAW PWS at the VA Caribbean Healthcare System (VACHS).

Contract Period: Option 2 POP Begin: 09-14-2022 POP End: 09-13-2023

1 YR _________ ________

3001 Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing Life Safety Survey IAW PWS at the VA Caribbean Healthcare System (VACHS).

Contract Period: Option 3 POP Begin: 09-14-2023 POP End: 09-13-2024

1 YR _________ ________

4001 Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing

1 YR _________ ________

Life Safety Survey IAW PWS at the VA Caribbean Healthcare System (VACHS).

Contract Period: Option 4 POP Begin: 09-14-2024 POP End: 09-13-2025

5001 52.217-8 Option to Extend Services

**NOTE: The specified rates under this clause will be those rates in effect pursuant to the CLINs under which the Contractor is currently providing services.

6 MO

GRAND

TOTAL

B.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer: Javier Medina-Velazquez

Network Contracting Office 8 (NCO 8)

VA Caribbean HCS (Admin Bldg)

#10 Calle Casia Suite #4M440

San Juan PR 00921-3201

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] After COR acceptance of services

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. Introduction

The United States Department of Veterans Health Administration (VHA) requires services to conduct a Life Safety Code survey of the buildings, update all Life Safety drawings, document deficiencies, identify appropriate occupancy classifications, and recommend corrective actions at the VA Caribbean Healthcare System (VACHS), 10 Casia St. San Juan, Puerto Rico. The intent of this service is to ensure that the facility meets Life Safety Code (LSC) standards and has an updated Statement of Conditions as required by The Joint Commission (JC).

1.1 Objective:

The purpose of this scope of work is to create a life safety assessment baseline with updated life safety drawings, identify problems and issues that must be resolved in managing life safety deficiencies to maintain compliance with LSC and JC standards.

1.2 Scope of Work:

a. The Contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, general and specialized equipment necessary to improve existing Life Safety Survey of the buildings, update all Life Safety drawings, document deficiencies, identify appropriate occupancy classifications, and recommend corrective actions at the VACHS.

b. The Contractor shall perform an integrated Life Safety Analysis survey of our main buildings (Main Building #1) with other connecting buildings; Community Living Center (CLC), South Bed Tower (SBT), Administration Building, Parking Garages, Synchronization Building, and Outpatient Building Addition. The integrated analysis is to include configuration changes undergoing in construction projects. The estimated square footage combine are approximately 1 million square feet. The VACHS have interconnected buildings which houses the OR, Pre-Op, Radiology, Special Procedures, SPS, Clinical Laboratory, Primary Care Clinics, Assembly, Offices, other Storage Occupancies. NOTE:

Main Building 1 was built with Asbestos Containing Materials (ACM). Although Asbestos Abatement have been conducted in different areas of the building and Asbestos Free Area charts have been maintained by the facility, all personnel conducting the life safety assessment must possess a current 2-hour Asbestos awareness training and current half mask respirator fit test.

c. The Contractor shall determine compliance with National Fire Protection Association (NFPA) 101 2018 edition. Deviations from NFPA 101 must be identified and documented so Plans for Improvement (PFI), Statement of Conditions (SOC), and Interim Life Safety Measures can be developed along with TJC equivalencies and/or waivers if required.

d. The Contractor shall review and asses for compliance to the latest TJC Life Safety Standards LS.01.01.01 through LS.03.01.70.

e. The Contractor shall review and asses for compliance to the latest TJC Environment of Care Chapter EC.02.02.01 & EC.02.06.05.

f. The Contractor shall provide recommendations for the appropriate occupancy classification for each section of the building and provide drawings of each area. The recommendations must include a review of recently renovated projects that affected previously designated occupancy classifications.

g. The Contractor shall evaluate existing fire and smoke barrier walls and make recommendations for decommissioning walls and cross corridor doors that are no longer needed.

h. The Contractor shall survey fire and smoke barrier walls above the ceiling to confirm location and construction and shall provide recommendations of findings.

i. The Contractor shall provide listing of all Deficiencies (along with digital photographs) on redlined drawings for future repair.

j. The Contractor shall review the electronic Statement of Conditions (eSOC) and assist in its update.

k. The Contractor shall perform the following:

1. The Contractor shall review electronic Basic Building Information (e-BBI) and note any discrepancies with as-built conditions.

2. The Contractor shall review existing set of life safety drawings and note any discrepancies with as-built conditions.

3. The Contractor shall update our current life safety drawings to build accurate life safety drawings with fire safety features and related square footage that display as a minimum the following:

• Areas of building fully sprinklered (or partially sprinklered)

• Locations of all hazardous storage areas

• Locations of all fire-rated barriers and rating

• Locations of all smoke-rated barriers and rating

• Sleeping and non-sleeping suite boundaries, including size of identified suites

• Locations of designated smoke compartments

• Locations of chutes and shafts and exits

• Any approved equivalencies or waivers

• Occupancy classification

• Applicable NFPA code

• Exits

• Total area for each floor

• Egress and Travel Distances

4. The Contractor shall review life safety drawings to include existing and future conditions and provide recommendations for improvement such as the creation of suites, horizontal exits, creation of barriers, etc. Recommendations are to be provided to VACHS Safety.

5. Provide digital copies in CAD and PDF format and 3 copies of 11 x 17 life safety drawings to include as a minimum one sheet with detailed information as requested in K.3. and occupancy per building floor.

6. The Contractor shall provide a list of Life Safety Code and related findings on a spreadsheet that includes all fields contained within the Joint Commission e-PFI (e.g., finding number, location, date identified, NFPA reference, finding, corrective action, digital photographs, etc.).

7. The Contractor shall identify all findings on a duplicate set of life safety drawings for corrective actions and accountability along with the list of findings.

8. The Contractor shall submit three copies of the SOC for review.

9. The Contractor shall provide one master and two numbered hardcopies of the SOC documents and a computer CD containing the final SOC documents and drawings in Microsoft Word, PDF, and DWG format.

10. The Contractor shall provide telephone/electronic e-mail support on the 2020 Statement of Condition or other fire related issues for a total of 8 hours.

11. The Contractor shall conduct an exit conference after the completion of all surveys with the staff to discuss findings for an expected total conference time of 2 hours. This conference can be performed virtually.

12. The facility survey will occur on consecutive work-week days (Monday – Friday), unless a different schedule is approved by the VACHS Safety Department and the Contracting

Officer. The on-site portion of all the surveys must be completed within 365 days of task order issuance, or as directed by VACHS Safety. Draft documentation must be submitted within 30 days of site survey completion, or as directed by VACHS Safety.

VACHS Safety will have 20 days to review and return comments to Contractor. Final documents will be submitted within 30 days of receipt by Contractor of VACHS Safety written review comments.

l. Additional Life Safety analyses or services requested beyond the scope of this contract will be evaluated via Supplemental Agreement. The service contractor shall include a unit cost breakdown of services.

2. GENERAL REQUIREMENTS

2.1 Period of Performance.

Contractor shall provide all labor, materials, equipment, repair parts (as required), and supervision in the performance of Life Safety Assessments to fulfill the requirements listed in Requirement and Scope of Contract sections. This Life Safety Assessment will be used to meet the VACHS requirements for Joint Commission accreditation and development of Plans for Improvement (PFI) as determined by VACHS. This service is located at the VA Caribbean Healthcare System (VACHS), One Veterans Plaza, San Juan, Puerto Rico for the period specified from September 14, 2020 thru September 13, 2021 with four (4) option years. The intent of this service is to ensure that the facility meets Life Safety Code standards and has an updated Life Safety Plan and Statement of Conditions as required by The Joint Commission.

2.2 Non-Personal Services

• The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks.

• The Government will not assign tasks to, or prepare work schedules for, individual contractor employees. The Contractor shall be responsible for managing its employees and guarding against any actions that are of the nature of personal services or give the perception of personal services as defined in FAR-Part 37, Service Contracting, dated 31 May 2011.

• The Contractor shall notify the Contracting Officer (CO) if any Government requested actions constitute or are perceived to constitute personal services.

2.3 Location and Hours of Work

2.3.1. Place of Performance: Work performance will be at the VA Caribbean Healthcare System (VACHS), 10 Casia Street, San Juan, Puerto Rico.

2.3.2 Normal hours of operation:

• The facilities will typically be in operation 24/7. The contractor shall perform work during normal hours as approved by the CO.

• The contractor will generally perform job functions, during normal duty hours between 8:00 a.m. and 4:30 p.m.

• The contractor may work, with prior approval of the CO or COR at no additional cost to the government, during the hours outside normal duty hours.

2.3.3 After hours:

After hours shall be designated as the hours between 4:30 p.m. and 8:00 a.m. Monday through Friday.

2.3.4 Emergency hours:

Emergency hours shall be designated as the hours between 4:30 p.m. Friday evening and 8:00 a.m. Monday morning. Emergency hours shall also include the holidays as noted below in paragraph 2.3.5

2.3.5 Recognized holidays:

Recognized holidays include; New Year’s Day, Martin Luther King Jr’s Birthday, Washington’s Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

3. SPECIFIC REQUIREMENTS

3.1. Specific Tasks:

a. Contractor must contact the appropriate VA Safety Office at least seven (7) calendar days in advance of performing surveys.

b. The Contractor shall identify the locations of all hazardous areas on drawings.

c. The Contractor shall identify the location of all fire-rated and smoke barriers.

d. The Contractor shall determine and delineate suite boundaries, occupancies, occupant loads, including the size of the identified suites.

e. The Contractor shall identify the location of designated smoke compartments.

f. The Contractor shall identify the location of chutes and shafts.

g. The Contractor shall review and provide corrective action for deficiency resolution through SPFI per LS.01.01.01 EP 4, update SOC, and prepare waivers and/or equivalency requests as necessary.

h. The Contractor shall review Life Safety Standard Operating Procedure, Fire Safety Management Plan, Life Safety Management Plan, Interim Life Safety Measure Standard Operating Procedure and Utility Management Plan.

i. The Contractor shall review the maintenance of fire safety equipment.

j. The Contractor shall review and update existing Egress analysis.

k. The Contractor shall identify and document pre-existing life safety deficiencies and provide directions for correction and implementation of ILSM.

l. The Contractor shall identify, and document potential life safety deficiencies based on ongoing renovation and construction projects.

3.2 Qualifications and Requirements:

The Life Safety Code, published by the National Fire Protection Association (NFPA), is updated every 3 years. The Joint Commission (TJC) Life Safety Chapter Standards are frequently updated to reflect the latest published NFPA code. A minimum, 5-year experience requirement is necessary to allow a licensed professional Fire Protection Engineer to gain the experience with the 3-year cycle changes in the NFPA and TJC standards. The code and standard updates present trends that are necessary in understanding and evaluating existing Healthcare Facilities for future Joint Commission accreditations.

The Contractors Qualifications and Requirements are as follows:

1. The Contractor must have 5 years of experience in Fire Protection Engineering Principles and must be a licensed professional engineer (PE).

a. The Contractor shall provide documentation to reflect a current valid PE license in Fire Protection (any U.S. state/territory) with at least 5 years of continual, uninterrupted registration.

2. The Contractor must have 5 years of experience conducting physical on-site life safety assessments.

a. The Contractor shall provide a list of projects that involved on-site Life Safety Assessment using the National Fire Protection Association Code and the Joint Commission Standards and development of Basic Building Information, Egress analysis, Statement of Conditions, and Specific Plan for Improvement with the VA healthcare facilities. The list must include name of the facility/owner/owner representative and the project completion date.

3. The Contractor must have 5 years of experience working with the current editions of the National Fire Protection Association and Standards.

a. The Contractor shall provide a list of projects that involved design of Life Safety and Fire Protection drawings for healthcare occupancies using the National Fire Protection Association Code. The projects must reference assessment and development of Basic Building Information and Egress analysis. The list must include name of the facility/owner/owner representative and the project completion date.

4. The Contractor must have 5 years of experience working with the Joint Commission Accreditation standards.

a. The Contractor shall provide a list of projects that involved Life Safety Assessment with the National Fire Protection Association Code and the Joint

Commission Standards and development of Basic Building Information, Egress analysis, Statement of Conditions, and Specific Plan for Improvement with the healthcare facilities. The list must include name of the facility/owner/owner representative and the project completion date.

5. The Contractor conducting the assessment shall have current 2-hour Asbestos Hazard Emergency Response Act (AHERA) asbestos awareness training and half mask respirator fit test.

a. The Contractor shall provide a current 2-hour AHERA asbestos awareness training certificate and certified with half mask respirator test. A statement describing the ability to attain (immediately post award) the training certificate and respirator test will be acceptable.

3.3 Protection of existing structures, equipment, utilities, and improvements.

The Contractor shall provide certification that work was approved and accepted by the COR.

• The Contractor shall preserve and protect all structures and equipment on or adjacent to the work site. The Contractor must replace at his own expense damage to such items to the satisfaction of the Contracting Officer.

• Contractor shall take all measures and provide all materials necessary for protecting and preserving existing equipment and property in affected areas of installation against dust, debris and physical damage, so that equipment and affected areas to be used in VA operations will not be hindered. Contractor must permit access to VA personnel through installation areas as required for maintenance and normal Medical Center operations.

• The Contractor shall coordinate all work and field testing/surveys with the COR at VACHS. Upon completion of each inspection and/or testing, Contractor shall complete Report of Inspection and Testing, and provide documentation to the VA Safety Office.

• The Contractor shall provide security information to COR for access and escort requirements. Information shall be provided at least 14 days prior to work.

a) Company name and names of workers

b) Dates of scheduled work.

c) Level of clearance.

d) Name of Company for third party contractors.

e) State whether laptop, digital cameras or other electronics is needed for the task.

• The Contractor shall familiarize with the requirements of the contract and available information regarding alterations, specifications, serving areas, diagrams, and floor plans.

4. SIGN-IN PROCEDURES

A valid state driver’s license or state identification card is mandatory for all employees to have access to this facility. All Contractor employees are required to wear the assigned VA badge at all times.

5. CONTRACT AWARD MEETING AND COMMENCEMENT OF WORK

The Contractor shall not commence performance on the tasks in this PWS until the Contracting Officer has conducted a kick-off meeting or has advised the Contractor that a kickoff meeting shall not be required based on the request of the customer.

6. CONTRACT ADMINISTRATION AND MANAGEMENT

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement and shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

The COR may perform surveillance of services by any of the methods listed below:

1. Observing actual performance;

2. Inspecting the services to determine whether the performance meets the performance standards; and

3. Review of any other appropriate records.

When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines that formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor must present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints.

Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

6.2 Quality Assurance: The government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied.

6.3 Contractor Submittals/Insurance Requirements: The Contractor is required to comply with Federal and State Workers Compensation and liability insurance and occupational disease status. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability. Within 15 days of contract award, the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer.

New certifications shall be furnished prior to the expiration date.

If occupational diseases are not compensable under those statutes, they shall be covered under the employers’ liability section of the insurance policy, except when contract operations are so commingled with Contractors’ commercial operations that it would not be practical to require this coverage. Employers’ liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

General liability (1) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $ 500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman’s Compensatory Liability Insurance, property liability insurance etc., prior to the start date of these services. The Contractor shall provide the Contracting Officer copies of these required documents immediately after award of contract.

6.4 VACHS Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any VACHS award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The

Contracting Officer, Contracting Officers 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 problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

6.5 Contracting Officer Representative (COR): The (COR) will be identified by a Delegation of Authority letter from the Contracting Officer. 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.

Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of VACHS Safety authorized to accept or reject services from the Contractor.

6.6 Changes: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which may affect the contract terms and conditions. The Contractor must contact the Contracting Officer for approval in the event there are changes prior to proceeding. No other individual has the authority to make this binding change and/or commitments. In the event that the Contractor commits to such changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract price to cover any increase in costs incurred as a result thereof.

6.7 Qualifications for all key personnel

• Refer to Section 3.2 Qualifications and Requirements

• 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 identification badges issued by VA in the performance of this contract.

6.8 Risk Control & Damage to Government Property

The medical services at the designated locations will remain operational during the execution of this work. The Contractor shall take all precautions to minimize disruption to daily routine tasks performed in those services. Patients care shall remain a top concern for the Contractor and his employees while performing the work.

The Contractor shall be responsible for replacement of any structure damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair, replacement, and installation. At the Government’s discretion, the Contractor shall either repair or replace the property, or reimburse the Government the full amount for all property damage(s).

6.9 Complaints

The Contractor shall promptly and courteously respond to complaints within 3 working days.

Including complaints brought to Contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and Contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

6.10 Contractor Point of Contact (POC)

The Contractor shall assign a Point of Contact (POC) and an alternate POC for the purpose of ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration and clinical matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract. The POC shall be available by telephone Monday through Friday, between 8:00 a.m. to 4:30 p.m. excluding National Holidays.

6.11 Conduct

• The Contractor/personnel shall be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. It shall be subject to immediate enforcement action by the Contracting Officer if these standards are not adhered to during the period of performance of this contract. Contractor shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.

• The Contractor/personnel shall be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. Garments, which have a message, slogan or printing of any kind other than the Contractor’s business attire, are prohibited. Uniforms are acceptable.

• The Contractor/personnel shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment and maintenance areas. Uniforms are acceptable. If uniforms are used, they must be in unison among all employees.

• The Contractor/personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at any time on Government premises.

Playing radios and/or electronic games/devices, shall only be done at lunchtime and in a designated break area. Due to the sensitive mission of the hospital, Contractor employees will come into daily contact with individuals, therefore Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the hospital or at its perimeter or entrances. Inquiries from veterans or visitors shall be politely referred to VACHS staff. Gratuities of any kind are strictly prohibited.

• The Contractor/personnel shall Consume food and beverage only within areas designated by the COR. Intoxication, and violence or criminal acts of any kind will not be tolerated – and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited, and use of tobacco products is only allowed in specific areas designated by the COR.

• The Contractor/personnel may use either government toilet facilities located in the nearest building. Misconduct shall form basis for immediate contract enforcement action, to include immediate removal from the hospital.

• The Contractor shall be responsible to ensure that his/her employees (including Contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract.

• The Contractor shall assign a point of contact (POC) for the purpose of ensuring compliance with the provisions of the contract. The Contractor’s POC must be available on site and have the ability to address performance issues. All employees should be able to read and speak English.

• The Contractor/personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. All Contractor personnel assigned to the performance of this contract shall wear a Contractor-provided uniform or ID badge that clearly identifies the individual as a Contractor. All Contractor personnel are required to wear identification (ID badges during the entire time they are on the VA grounds. ID badges must have picture identification, name of the individual, and the represented company depicted on it.

• The Contractor/personnel shall not wear sandals, flip-flop style footwear, or open-toe shoes; and shall follow VA dress guidelines. A copy of this will be provided upon request.

• The Contractor shall ensure that the staff assigned shall be cognizant of the VA’s sexual harassment and drug-free workplace policies. The Contractor may obtain a copy of this information from the COR.

6.12 Conflict of interest

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law.

Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract, or the work carried out under the contract.

In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract. The parties agree that the contract personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

6.13 Records Management Language for Contracts Required

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. 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 by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

7. SECURITY REQUIREMENTS

Contractor personnel performing work under this contract must have a good conduct certificate at the time of the quote submission and must maintain the level of security required for the life of the contract. All Contractor employees who require access to the Department of Veterans Affairs computer system shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement Is applicable to Sub-Contractor personnel requiring the same access. The Contractor at the time of award shall certify that their employees working under this contract have had Security Background Checks prior to working at the VACHS. VA will provide a badge (Flash Pass) to the contractor staff to be used at all times when in the VA premises.

8. DEFINITIONS AND ACRONYMS

8.1. Definitions

8.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

8.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

8.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

8.1.4. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

8.1.5. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

8.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

8.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

8.1.8. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance based on PWS.

8.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

8.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

8.1.11. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

8.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

8.2. Acronyms:

AHU Air Handling Unit

CFR Code of Federal Regulations

COR Contracting Officer Representative

FAR Federal Acquisition Regulation

FACP Fire Alarm Control Panel

CO Contracting Officer

POC Point of Contact

SOW Scope of Work

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

VACHS VA Caribbean Health Care System

CLC Community Living Center

NFPA National Fire Protection Association

9. VA POLICY & REGULATIONS

a. Parking: It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor’s personnel under any circumstances.

b. Smoking: Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

c. Badges: All Contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractors shall be required to coordinate with COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to federal property.

d. Phones: Government telephones shall not be used for personal reasons.

10. REFERENCES

APPLICABLE STANDARDS AND REGULATORY GUIDANCE.

The following standards will be utilized for performing work contained in this Performance Work Statement:

• NFPA 72 National Fire Alarm Code, latest edition

• NFPA 80 Standard for Fire Doors and Other Opening Protectives, latest edition

• NFPA 101 Life Safety Code, latest edition

• NFPA 105 Standard for Smoke Door Assemblies and Other Opening Protectives

• NFPA 252 Standard Methods of Fire Tests of Door Assemblies.

• Code of Federal Regulation (CFR) 1910

• CFR 1926

• CFR 1960

• VHA Handbook 7701.1

• VHA Directive 7700

• The Joint Commission EOC Chapter

• Joint Commission Environment of Care standards

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.