SOW - Kitchen Hood and Duct Cleaning - Final.docx

Statement of Work Kitchen Hood and Duct Cleaning Southeast Louisiana Veterans Healthcare System

The Department of Veterans Affairs, Southeast Louisiana Veterans Health Care System (SLVHCS), New Orleans, Louisiana is seeking kitchen hood and duct cleaning services for the replacement Medical Center.

1. Summary and Scope

1.1 SLVHCS is seeking a service contract provider for regularly scheduled cleaning of all existing kitchen exhaust sheet metal duct work and cooking exhaust hoods, including all ancillary equipment (screens, housings, grease traps, baffles, etc.). Services will also include semiannual certification of all cooking hood area fire suppression systems. Services will be rendered at the new VA medical center, located at 2400 Canal Street, New Orleans, LA 70119, which is occupied.

1.2 The contractor shall maintain work schedules as outlined by this statement of work. The schedules shall take into consideration that the staff can effectively perform their services without adversely impacting patient care and the safe operation of the medical center. The Contractor shall deliver standard services between the hours of 17:30 to 03:30 Monday through Friday; or as otherwise agreed upon due to safety concerns.

1.3 Work shall be permitted on Federal Government holidays but must be approved by COR prior to scheduling. Below is a list of approved observances. The dates provided are for 2024. Subsequent annual list of holidays and observances will be provided in advance of option year renewal.

2024 Holiday Schedule

1.4 The Contractor under this Statement of Work (SOW) will be responsible for labor, tools, and materials required to carry out all cleaning and certification services as outlined in this SOW. All personnel working in the vicinity shall wear appropriate personal protective equipment (PPE) and use safety protections while all work is performed. Any questions or injuries shall be brought to the attention of the Safety Officer and Contracting Officer’s Representative (COR). Material Safety Data Sheets (MSDS) shall be provided by the Contractor for all HAZMAT materials and chemical agents. Copies will be provided to the COR for approval and file management.

1.5 Hoods covered by this contract shall refer to the hoods specifically located in the 1F kitchen operated by VCS and the hoods in the 4G Inpatient kitchen only. Any other commercial cooking hoods outside these 2 specific areas that shall come into use after the start of this contract shall require a contract modification.

1.6 All work shall be performed by personnel specifically qualified and trained to work on commercial kitchen hood, duct, and fire suppression Systems. Evidence of all required licenses, as well as documentation of qualifications of personnel, shall be provided to the Contracting Officer (CO) prior to award of contract. Please refer to NFPA 96.

1.7 This maintenance contract shall be for one base year and four one-year option periods.

1.8 Contractor shall employ standard industry “best practices” while fulfilling this requirement.

2 EXECUTION

2.1 Hood Cleaning

2.1.1. Chemically clean kitchen cooking exhaust hoods every 2 months, outside of normal business hours. Cleaning, degreasing, and polishing of all hood components interior and exterior to the hood housing. Full cleaning and degreasing of exhaust baffles, screens and grease trays will be performed.

2.1.2. Semi-annual cleaning of all the hood exhaust ducts from the kitchen hood inlets to the exhaust ventilator discharge duct outlet. Cleaning shall include the exhaust ventilator fan and the interior and exterior of the fan blade housing.

2.1.3 Semi-annual certification of all commercial kitchen cooking exhaust hood fire suppression systems and outlined in NFPA 96.

2.1.4 Repair small failures, rips, tears, missing pieces of fire-retardant insulation during the work. This shall refer to areas no larger than 2feet by 2feet square.

2.1.5 Removal of all debris and toxic waste from the facility shall be the sole responsibility of the contractor.

2.1.6. Excluded Work

2.1.6.1 Improvements. Installation of new or improved equipment of modifications to existing equipment as directed or required by authorities cognizant of this contract, is not included in this contract. Improvements also cover work not necessary as part of maintenance and repair.

2.1.6.2 Warranted Equipment. Equipment, components, and parts, other than that installed under the contract, shall not be removed, or replaced, or deficiencies corrected while still under warranty of the manufacturer or the installer without prior approval of the COR. All defects in materials or workmanship, defective parts, or improper installation and adjustments found by the Contractor shall be reported to the COR so that necessary action may be taken. The Contractor shall be knowledgeable of the equipment, parts, and components that are covered by warranty and the duration of such warranties. Available warranty information will be furnished to the Contractor by the COR.

2.1.6.3 SLVHCS shall incur no obligation for out-of-scope work.

2.2 CLEANING

2.2.1 Remove visible surface contaminants and deposits from within the HVAC system.

2.2.2 Systems and Components to Be Cleaned:

2.2.2.1 Exhaust ducts serving commercial kitchen cooking hoods semi-annually.

2.2.2.2 Exhaust ventilation prime mover fan blades and fan housings semi-annually.

2.2.2.3 Commercial kitchen cooking hoods and related components bi-monthly.

2.2.3 Ductwork:

2.2.3.1 Supply-air ducts, including turning vanes, to the air-handling unit.

2.2.3.2 Return-air ducts to the air-handling unit.

2.2.3.3 Exhaust-air ducts.

2.2.3.3.1 Collect debris removed during cleaning. Ensure that debris is not dispersed outside the HVAC system during the cleaning process.

2.2.4 Particulate Collection:

2.2.4.1 Locate equipment downwind and away from all air intakes and other points of entry into the building.

2.2.6 Control Odors and mist vapor during the cleaning and restoration process. (“Control” may need to be changed, or well defined.)

2.2.6 Mark the position of manual volume dampers and air-directional mechanical devices inside the system prior to cleaning. Restore them to their marked position on completion of cleaning.

2.2.7 Duct Systems:

2.2.7.1 Use existing service openings in the HVAC system as necessary to accommodate cleaning.

2.2.7.2 Manually clean duct systems specified to remove all visible contaminants in accordance with directives.

2.2.7.3 Debris removed from ductwork shall be disposed of according to applicable Federal, state, and local requirements.

2.2.8 Semi Annual Fire Suppression Certification:

2.2.8.1 Inspection and certification of all hood fire suppression systems shall be performed in accordance with NFPA 96, Federal, State and Local directives.

2.2.8.2 Semiannual inspection and certifications shall be performed on all commercial kitchen cooking exhaust hood fire suppression systems in the 4G Inpatient kitchen and the 1F VCS Canteen kitchen.

2.3 CLEANLINESS VERIFICATION

2.3.1. Prepare a written cleanliness verification report. At a minimum, include the following:

2.3.1.1 Written documentation of the success of the cleaning.

2.3.1.2 Site inspection reports, initialed by supervisor, including notation on areas of inspection, verified through visual inspection.

2.3.1.3 System areas found to be damaged require written immediate notification to COR or designee.

2.3.1.4 System area damaged by Contractor must be repaired or replaced as required; requires immediate notification to COR or designee in writing.

2.4 WASTE REMOVAL

2.4.1. Contactor is responsible for removal of all trash and debris.

2.4.2. HAZARD WASTE MATERIALS (e.g., batteries, chemicals, etc.), shall be the responsibility of the Contractor and shall be disposed of by DEQ, OSHA or EPA requirements, as appropriate.

3. RESTORATION

3.1 Restore serviced areas to their original condition or better according to NADCA ACR 2006, "Restoration and Repair of Mechanical Systems" Section.

3.2 Restore service openings capable of future reopening.

3.3 Replace fibrous-glass materials that cannot be restored by cleaning or resurfacing.

3.4 Replace damaged insulation.

3.5 Ensure that closures do not hinder or alter airflow.

3.6 New closure materials, including insulation, shall match opened materials and shall have removable closure panels fitted with gaskets and fasteners.

4. ACRONYMS

ASCS: Air systems cleaning specialist CO: Contracting Officer COR: Contracting Officer’s Representative DEQ: Department of Environmental Quality EPA: Environmental Protection Agency FMS: Facilities Management Service (VA Engineering) HAZMAT: Hazardous Materials HVAC: Heating Ventilation Air Conditioning MSDS: Material Safety Data Sheet NADCA: National Air Duct Cleaners Association NFPA: National Fire Protection Association OEM: Original Equipment Manufacturer OSHA: United States Occupational Safety and Health Administration PIV: Personnel Identification Badge PM: Project Manager or Project Management PPE: Personal Protection Equipment SLVHCS: Southeast Louisiana Veterans Healthcare System SOW: Statement of Work UL: Underwriters Laboratories QA: Quality Assurance QASP: Quality Assurance Surveillance Plan QC: Quality Control QCP: Quality Control Plan VA: Veterans Administration VHA: Veterans Health Administration VCS: Veteran Canteen Services

5. DELVERABLES

5.1. Qualification Data: For an ASCS.

5.2. Strategies and procedures plan.

5.3. Cleanliness verification reports.

5.4. Minimum of five (5) before and after photographs for DUCTS (before and after photographs of hoods not required).

6.0 QUALITY ASSURANCE

6.1. ASCS Qualifications: All services required under this contract must be performed by an employee with or under the supervision of an employee with an ASCS certification.

6.2. An employee with ASCS certification will be on-site during working hours at least once a day ensuring work is completed in an appropriate manner.

6.3. Certification: Employ ASCS certified technicians on a full-time basis.

6.4. Supervisor Qualifications: Certified as an ASCS on a full-time by NADCA.

6.5. UL Compliance: Comply with UL 181 and UL 181A for fibrous-glass ducts.

7.0 COR AUTHORITY

[RESERVED]

8.0 KEY PERSONNEL

8.1. All services covered by this contract will be performed by fully qualified and trained Technician trained and certified in Commercial Duct Cleaning. Supervisor shall possess the necessary skills and experience to perform the work as identified in the SOW for specialized services for Duct Cleaning and ancillary equipment.

8.2. The Contractor shall provide a qualified and experienced Project Manager for this contract. The Contract Manager shall have full authority to act for the Contractor and serve at all times to carry out all the clauses of the contract. The Project Manager shall be in charge of and have overall responsibility for the work to be carried out under this contract.

8.3. The Contractor’s project manager’s work hours shall coincide with the Medical Center’s business hours which are defined as 7:30 AM – 4:30 PM, Monday through Friday, with the exceptions of all holidays observed by the Government. The Project Manager or approved responsible alternate authorized by the COR will be identified and available for receiving calls 24 hours a day, seven (7) days a week.

8.4 The Contractor shall submit within five (5) working days (M-F) after the award of the contract a list of its Key Personnel, Project Manager and an alternate or equally responsible Supervisor person who when approved by the COR shall assume the Project Manager’s duties when the primary project manager is absent. The key personnel list shall also identify the names of the certified refrigeration mechanics that will perform the Base Services of this SOW. A resume shall be included with all names on the Contractors Key Personnel List. The Contractor shall include with the Key Personnel List contact numbers and email addresses for all employees performing services under this contract.

8.5. When Staffing changes are made the Contractor shall comply with updating the Key Personnel List prior to processing for a security badge providing the supporting documentation of a resume and submitting the list to the COR. Any change in lead level Staffing shall require fifteen (15) business days to the COR.

8.6. The Government shall have the right in its sole discretion to approve or reject any Project Manager selected by the Contractor at any time.

8.7. Attire

8.7.1. All Contractor employees, including subcontractors of the Contractor shall at all times, while on the job site in an official capacity be attired in a distinctive prime contractor uniform.

8.7.2. The uniform shall have the prime Contractor’s name easily identifiable, affixed thereon in a permanent or semi-permanent manner such as a badge or monogram. Any color combination, as appropriate, may be used for the uniforms as long as they are distinct from that used by Facilities Management Service (VA Engineering).

8.7.3. These uniforms must be supplied and maintained by the Contractor at no cost to the Government. As part of their uniform, the Contractor’s employees shall conspicuously display the following identification:

8.7.3.1 Personnel Identification Verification (PIV) Badge issued by the Government.

8.7.3.2 Photo Identification Badge issued by the employee’s respective employer.

8.8 CONDUCT

8.8.1. The Contractor’s employees at all times while on the job site, whether on or off duty, shall conduct themselves in a professional, orderly and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or possessing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any other conduct that interferes or has the potential to interfere with the Contractor’s performance of its duties under this contract, shall not be permitted on the job site and shall result in immediate and permanent removal from the job site of any employee engaging in such conduct from work.

8.8.2 The contractor and its personnel shall review and agree to comply with the Government’s applicable security policies.

8.8.3 This is a non-smoking facility. This includes e-cigarettes.

8.8.4 Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

9.0 DELVIERABLES

9.1. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) - shall be delivered as part of the initial contract kickoff and submitted either at the kickoff meeting (one electronic and one hard copy) or emailed to the CO should the meeting be waived: Quality Assurance Surveillance Plan (QASP).

9.2. FIVE (5) BUSINESS DAYS AFTER THE CONTRACT AWARD DATE

9.2.1 LIST OF PERSONNEL REQUIRING SECURITY BADGING - The Contractor shall provide the COR with a list of employees who will be applying for security badges five (5) days after the contract award date.

9.2.2 RESUMES OF ALL KEY PERSONNEL - The Contractor shall provide the resumes for all personnel proposed to perform work on this contract for approval five (5) days after the contract award date.

9.2.3 TELEPHONE, CELL, FAX NUMBERS, EMAIL ADDRESSES, SCHEDULES - The Contractor shall identify and provide the COR with a list of names, and telephone numbers of the key personnel who shall be responsible for fulfilling all the requirements of this SOW including their work schedules.

9.2.4 Work Execution PLAN - The Contractor shall, within fifteen (5) days of contract start date, submit a work execution plan that details how the Contractor will ensure all requirements of the contract will be fulfilled.

9.3 ITEMS DUE WITHIN TEN (10) BUSINESS DAYS AFTER CONTRACT START DATE

9.3.1. QUALITY CONTROL PLAN - The Contractor shall, within ten (10) days of contract start date, submit a quality control plan that details how the Contractor will ensure all requirements of the contract will be fulfilled. The plan shall include but not be limited to all elements of the quality control program described in the technical proposal that the contractor submitted in response to the Government's solicitation for this contract.

9.3.2. SAFETY PLAN - The Contractor shall, within ten (10) days of contract award, submit its own detailed safety and protection plan that shall comply with all safety, environmental protection, property protection and health provisions of the contract.

9.3.3. SERVICE REPORTS – The Contractor shall complete service reports for every service call.

9.3.4. TESTING AND INSPECTION REPORTS - The Contractor shall, within fourteen (14) days after services are rendered, submit (1) original and two (2) copies, inspection and testing reports.

9.3.5. RECORDS - Cumulative service records shall be kept for all ductwork by location. A separate record file shall be established and kept up to date for each system.

9.3.5.1. Records Content. At minimum, all shall contain the following:

9.3.5.1.1 Date(s) when the service(s) was scheduled stated and completed.

9.3.5.1.2 Name of the individual(s) who performed the services.

9.3.5.1.3 Printed name and signature of VA personnel who verified completion of work.

9.3.5.1.4 Any other information the Contractor chooses to include in the records, at no additional cost to the Government.

9.3.5.2. All required records shall be made available to the Government for examination and reproduction upon request, and the original records shall be submitted to the COR within five (5) calendar days of expirations of the contract. All required records shall be maintained in a readable, complete, orderly, timely and accurate manner.

9.3.5.3. WORK COMPLETION REPORTS. The Contractor shall submit work completion reports to the COR within two (2) working days after completing each occurrence of service under this contract. These reports shall contain, as a minimum, the information described in items of subparagraphs of the aforementioned "Records" paragraph and as mentioned elsewhere in this SOW and shall be signed and dated by the Contractor's Representative.

9.3.5.4. The contractor shall continuously maintain an adequate staff with suitable management expertise to assure work is scheduled and completed in accordance with these specifications. The Contractor shall maintain an adequate craft work force to complete work in accordance with the time and quality standards specified.

10.0 CONTRACTOR FURNISHED RESOURCES

10.1 The Contractor shall furnish all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, and transportation necessary to fulfill all the requirements and satisfactorily perform all services described in this SOW in a safe, orderly, timely, efficient and workmanlike manner. The contractor shall provide any additional resources necessary to fulfill the contract requirements at no additional cost to the Government.

10.1.1 EQUIPMENT. The Contractor shall provide all safety equipment/devices, personal protective equipment and clothing as required for its employees. The Contractor shall not use propane-fueled portable equipment in the performance of the work required by this contract.

10.1.2 DIAGNOSTIC TOOLS

10.1.2.1 The Contractor shall provide and utilize on the job site any diagnostic equipment with all OEM software available to enable the Contractor to change parameters as well as diagnose/troubleshoot each component/software covered by this contract, as applicable.

10.1.2.2 The Contractor shall obtain, have on file, and make available to its personnel all operational and technical documentation, (such as; operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract.

10.1.3 Travel and Accommodations

10.1.3.1. The contractor is responsible for providing transportation/travel/hotel/airfare accommodations all personnel for the duration of this contract unless stated otherwise elsewhere.

11.0 COMMUNICATION EQUIPMENT

11.1. All Contractor employees assigned to Medical Center shall have, at all times while on the jobsite, portable communication devices with full service to allow immediate two-way communication between the Contractor and/or Government representatives.

12.0 SERVICE VEHICLES

12.1. The Contractor shall provide at a minimum one (1) service vehicle which is equipped, licensed, and insured. The service vehicle shall be on site anytime the Contractor’s employees are working at the Medical Center. The service vehicle is required to transport materials and supplies, contractor’s employees and tools to various equipment and storage locations at the Medical Center.

13.0 SUB-CONTRACTED WORK

13.1. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Contracting Officer with the names, qualifications and experience of their proposed subcontractor(s).

13.2. The contractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with all requirements of the contract.

13.3. Conflict of Interest

13.3.1. The contractor shall be required to comply with applicable Conflict of Interest policies.

14.0 GOVERNMENT FURNISHED RESOURCES

14.1. PARKING

14.1. The Government will provide at no cost to the Contractor one (1) parking space for the on-site service vehicles at the Medical Center when performing tasks defined in this SOW. The Contractor shall be responsible to the regulations of VHA for driving on Medical Center premises.

14.2. ON-SITE STORAGE SPACE

14.2. To facilitate fulfilling the requirements of this SOW, the Government will NOT provide the Contractor storage space.

14.3. DRAWINGS, DIAGRAMS AND SCHEMATICS

14.3.1 To facilitate fulfilling the requirements of this SOW, the government will make available for the Contractor’s use the drawings, diagrams and schematics (if available). The Contractor will utilize these items only for work being performed at the job site and will be returned to Government in the condition which they were received.

14.4. UTILITIES

14.4.1 The Government will pay the cost of utilities (electric, water, etc.) used in the performance of the requirement. The Government will not compensate, or will back charge, the Contractor for unreasonable utility charges.

14.5. EQUIPMENT AND MATERIALS

14.5.1 The Government will NOT furnish any equipment or materials.

15.0 QUALITY CONTROL PROGRAM

15.1. The Contractor shall implement an effective quality control program (QCP) as a means to monitor and measure work performance and to ensure that services are being provided in accordance with the contract documents.

15.2. The Contractors QC program will provide for two (2) quality control inspections on their PMP during each year’s service period.

15.3. The Contractor shall submit in a computerized electronic format a report of their QC inspection within five (5) days from their completion to the COR or designee.

15.4. At various times, either scheduled or unscheduled, the USRO Supervisor, AC/HVAC Supervisor or the COR may accompany the Contractor while corrective action, supplemental services or preventive maintenance functions are being performed.

15.5. At all times during the contract period the Contractor shall provide no less than the level of quality described in this SOW. There shall also be no interference with tasks and baseline responsibilities set forth in this SOW from the Contractor performing its quality control program.

15.6. The Contractor shall not remove damaged or failed parts from the facility, until approved by the COR or designee.

16.0 QUALITY ASSURANCE SURVEILLANCE PROGRAM

16.1. All services rendered under this contract are subject to Facilities Management inspections, both during and after completion of the work. The Medical Center’s QASP is NOT a substitute for adequate and consistent quality control by the Contractor.

16.2. Facilities Management Service has the right, at all times, to inspect services performed, the Contractor’s workmanship, and materials furnished/utilized in the performance of such services to the extent practicable. FM shall perform inspections, as it deems necessary, throughout the term of the contract. However, the inspections and/or walk-through will be conducted in a manner that will not unduly interrupt or delay the Contractor’s work.

16.3. The Government has the right to arrange for a third party to conduct a condition assessment on the Contractors work and to analyze or identify measures of the preventive maintenance program.

16.4. If any of the services do not conform to contract requirements, FM may require the Contractor to perform the services again in conformity with contract requirements, and have the Contractor perform a quality control inspection at no additional increase in contract amount or the Medical Center may reduce the payment to reflect the reduced value of the services performed. Each unresolved action shall adversely affect the Contractor’s payment by 10%, but not to exceed 60% or the total base billing. The Contracting Officer (CO) will make a determination as to an appropriate sum of money that will approximately equate to the reduced service.

16.5. If, after having been directed by the Medical Center to correct a contract deficiency, the Contractor fails to promptly perform the services again or fails to take the necessary action to ensure future performance is in conformity with contract requirements, the Medical Center may:

16.5.1 Perform the services (by contract or otherwise) and charge the Contractor any cost incurred by the Medical Center directly related to the performance of such service plus a 10% markup on parts required.

16.5.2 Terminate the contract for default.

16.5.3 Typical FM QASP methods may include random inspections while the Contractor is on site.

17.0 DELIVERY OF SUPPLIES

17.1. The Contractor shall schedule, arrange, and coordinate with the COR for deliveries. Delivery hours are 0730- 1530 hours of service unless permission is authorized. Delivery location: rear loading dock at: 2400 Canal Street, New Orleans, LA 70119.

18.0 SAFETY AND SECURITY

18.1. FIRE PREVENTION AND PROTECTION

18.1.1. Fire prevention and protection at the Medical Center is essential. There is limited fire prevention equipment within the facilities. Fire protection equipment provided by the Medical Center shall not limit the Contractor’s responsibility or liability for maintaining a reliable fire prevention and protection program for its employees and the property serviced.

18.1.2. The Contractor shall be knowledgeable of and provide adequate and appropriate training for all its employees in the proper method of reporting a fire. All pertinent information regarding fire-reporting procedures may be obtained from the COR.

18.2. EQUIPMENT RELATED ACCIDENTS/INJURIES

18.2.1. The Contractor will provide a formal report of all accidents and/or injuries, which occur and/or involve the equipment serviced by this contract immediately to the COR - via e-mail - no later than two hours after the occurrence to the COR. This report will identify all parties involved, location, times, and suspected cause of incident.

18.2.2. The contractor expressly undertakes’, both directly and through its subcontractor(s), to take every precaution at all times for the protection of persons and property, including Medical Center employees and property and its own.

18.2.3. In an emergency affecting the safety or life of individuals, or of the work, or of adjoining property, the contractor, without special instruction or authorization from the Medical Center, is hereby permitted to act, at the contractor's discretion, to prevent such threatened loss or injury. Also, should the contractor, in order to prevent threatened loss or injury, be instructed or authorized to act by the Medical Center, he shall so act, without appeal. Any additional compensation or extension of time claimed by the contractor on account of any emergency work shall be determined by mutual agreement.

18.3. LOST AND FOUND PROPERTY

18.3.1. The Contractor shall immediately turn in to the Medical Center’s Lost and Found Department. Any violations or disregard of the rules, regulations and/or policies may be cause for immediate termination.

18.4. LICENSURE

18.4.1. The Contractor shall be licensed by the State of Louisiana to provide the maintenance and repair services specified in this contract. All work shall be performed by licensed technicians specifically qualified and trained to work on Commercial Air Handling Units, AC/HVAC and Refrigeration. Evidence of all required licenses, as well as documentation of the qualifications of personnel, shall be provided to the CO and COR prior to award of the contract.

19.0 SECURITY AND PIV REQUIREMENTS

19.1. GENERAL

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

19.2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

19.2.1 The contractors or sub-contractors shall not have any availability to access the hospitals healthcare records systems. No PIV or internet system access is needed or authorized. During the course of the work, the contractor may apply for a physical access card to the building, kitchen, interstitial space and rooftop ventilator equipment only. All Contractors, Subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

19.2.2 [Reserved]

19.2.3 [Reserved]

19.2.4 The Contractor or Subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or Subcontractor’s employ. The Contracting Officer must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

19.3 [Reserved]

19.4 [Reserved]

19.5 VA INFORMATION CUSTODIAL LANGUAGE

19.5.1 Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, Federal Acquisition Regulations (FAR) 52.227-4(d)(1).

19.5.2 VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure

19.5.3 VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

19.5.4 Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

19.5.5 The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if National Institute of Standards and Technology (NIST) issues or updates applicable Federal Information Processing Standards (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

19.5.6 The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

19.5.7 If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

19.5.8 If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

19.5.9 The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

19.5.10 The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

19.5.11 Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

19.5.12 Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

19.6 SECURITY INCIDENT INVESTIGATION

19.6.1 The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

19.6.2 To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

19.6.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

19.6.4 In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA Office of the Inspector General (OIG) and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover.

19.7 [Reserved]

19.8 CONFIDENTIALITY AND NONDISCLOSURE

19.8.1 It is agreed that:

19.8.1.1 The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.

19.8.1.2 The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response.

19.8.1.3 Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

20.0 COMMUNICATION AND COORDINATION

20.1 The Contractor for the duration of the contract shall maintain an effective Communication and Coordination Policy with COR, USRO and AC/HVAC Supervisors utilizing e-mail, telephones, faxes, cell phones, etc. to ensure FM staff is kept abreast of the current equipment’s preventive maintenance program and the equipment’s status during any planned outages or supplement service.

20.2 The Contractor shall obtain approval from the COR or designee when the removal of equipment from service is necessary and identify the reason for the unit to be out of service with an estimated duration.

20.3 The Contractor shall coordinate with the COR and FM Maintenance Control Clerk for the release of PMP work order tickets. The Contractor shall document their services status by providing documentation to facilitate closing out the work order ticket by Facilities Management in addition to other required communications and reporting activities required by this SOW.

20.4 Meetings

20.4.1. Contract Award Meeting - The Contractor shall not commence performance on this contract until the Government has conducted a contract kickoff meeting, post-award conference or the COR has advised the Contractor that a kickoff meeting is waived. The following item shall be delivered as part of the initial contract kickoff and submitted either at the kickoff meeting (one electronic and one hard copy) or emailed to the CO should the meeting be waived: Quality Assurance Surveillance Plan (QASP).

20.4.2. PERFORMANCE EVALUATION MEETINGS - The Contractor’s project managers or representative(s) shall attend one (1) two (2) hour meeting on a quarterly basis (+/- 10 Calendar days) with COR to discuss PMP tasks, tests, inspections, corrective measures, coordination, status, documentation and/or performance.

20.4.3. The Contractor shall provide an administrative service for processing of documents, records, submissions, invoices and receipt of calls from the COR or emails from the COR.