A.01.02_Performance_Workstatement_Attchment_1.docx

Attachment 1: Performance Work Statement Performance Work Statement Modular Cardiac Catheterization Lab William Beaumont Army Medical Center Fort Bliss, Texas

GENERAL.

1. DESCRIPTION OF WORK:

1.1. Vendor will provide a Modular Mobile Medical Building and a GE Innova 2000 Cardiac Catheterization Laboratory for a base year plus two options.

1.4. Sexual Assault Prevention and Response Program.

1.4.5. The Contractor shall notify its employees of the United States Government's zero tolerance policy described in paragraph (b) of FAR clause 52.222-50 “Combating Trafficking in Persons” and the actions that will be taken against employees for violations of this policy.

2. Contractor Requirements.

2.1. Contractor shall ensure that all services provided under the terms of this contract are performed by persons trained and certified as proficient in the provision of the services provided by an accredited school or manufacturer’s training program.

2.2. Contractor represents and warrants that all personnel provided by Contractor to do work on MTF’s equipment are legally eligible to work in the United States of America; and that Contractor complies with all applicable federal and state wage and employment laws, and with all other applicable laws and regulations pertaining to the services provided to the Government.

2.3. The Contractor shall not hire off-duty Government employees who serve as inspector or COR’s in their Government position, or any other persons whose employment would result in a conflict of interest.

3. Administrative.

3.1. Reports. The Contractor shall submit reports to the COR or Contracting Officer as requested for use in monitoring Contractor performance. Such reports may include, but are not limited to, a service report as identified in paragraph 8.8.

3.2. Safety. The Contractor shall ensure its personnel comply with all installation and MTF safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, and waste disposal. Copies of these regulations are on file in the medical activity safety office or may be obtained through the COR. The use of cellular phones and 2-way radios is expressly forbidden in all Medical Treatment Facilities and Health Clinics.

3.3. Security.

3.3.1. The Contractor shall ensure its personnel comply with the local installation requirements for vehicle registration and operation on the military facility. Any vehicle operated by contract personnel on the military installation must have the minimum liability coverage required by the state in which the performance is located.

3.3.2. The Contractor shall ensure its personnel comply with installation and MTF personnel identification and access requirements. The Contractor is responsible for absences due to expired identification and access documents.

3.4. Antiterrorism/Operations Security (AT/OPSEC) Requirements.

3.4.1. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3.4.2. For contractors that do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3.4.3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within YY calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

4. Contractor Conduct.

4.1. The Contractor is responsible for the conduct of his/her employees. All services shall be provided in accordance with established standards, principles, and ethics of the profession and applicable professional specialty organizations, and shall ensure the highest regard to patient dignity.

4.2. The Contractor shall ensure that its personnel comply with MTF policies regarding personal appearance and conduct.

4.3. Inquiries. Contractor shall ensure that its personnel do not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the COR, who will relay them to the MTF Commander. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries from external agencies, all other inquiries and complaints shall be brought to the attention of the Government.

4.4. Smoking. The Contractor shall ensure its personnel shall comply with the WBAMC smoking policy.

4.5. Complaints. Complaints will be validated by the COR and be reported in writing to the Contracting Officer and the Contractor for action, if it constitutes a failure to perform, as determined by the Government. The Contractor shall have no more than one substantiated complaints for each period of performance.

4.6. Contractor Representation. The Contractor shall designate a Point of Contact (POC) for the contract. The Contractor’s POC shall be the only authorized representative of contractor authorized to discuss with the COR, any and all services required by the contract and ensure response to requests for performance of the contract. The POC shall have the authority to make decision for the Contractor. The Contracting Officer or the COR shall be notified promptly whenever the POC changes. Contractor’s POC shall be submitted no later than 10 days after award of contract, and shall include as a minimum name, title, and telephone number.

5. Government /Contractor Furnished Property.

5.1. Contractor.

5.1.1. Equipment maintenance performance under the contract includes the unlimited replacement of defective parts.

5.2.5. Contractor shall notify the COR when replacement parts needed to complete service are not available.

5.2.6. The Government will not be responsible for any damage or loss of Contractor supplies, materials, or equipment nor is the Government responsible for any damage or loss of the Contractor employees’ personal belongings, due to fire, theft, accidents or other causes.

6. Scope of Work.

6.1. Contracting Officer’s Representative (COR). The COR will be appointed. However, the Contracting Officer will designate a primary point of contact in which the Contractor will receive guidance.

TABLE ONE –CORS

6.2. Any service performed without the prior approval of one of the individuals above shall be at no cost to the Government.

7. Maintenance Time Frames.

7.1. The Contractor shall provide two preventive maintenance (PM) and calibration verification check (CVC) each year. If OEM standards requires more than one PM then this will be covered by the Contractor. These tasks shall be performed together.

7.2.1. Two PM annually for the life of the contract starting at the time of award and at the beginning of each option period.

7.2.2. The Contractor shall complete all required scheduled services within four working days after starting each scheduled services.

7.2.3. No later than the fifth day of the month for scheduled services, the Contractor shall coordinate with the COR and the end-users, ensuring access to the equipment to be serviced.

7.3. Unscheduled Services.

7.3.1. Contractor shall use reasonable efforts to provide on-site services with a response time not to exceed two business days after telephonic notification of a malfunction if contractor is unable to provide services via telephone support. These days are Monday through Friday, excluding all Government holidays. All equipment is repaired to meet manufacturers specifications in accordance with contractor's policies and procedures at all times.

7.3.2. Contractor shall respond to any of the Government’s requests for emergency repairs within six hours of receiving such a request from Government POC via phone, fax, email, or other communication method.

7.3.3. Delays caused by the Government must be promptly communicated to the COR and will not be counted against the repair completion time frame.

7.3.4. If parts are required and are not in stock with the contractor or original equipment manufacturer, an allowable delay will be determined by the COR.

7.3.5. The Contractor shall provide for all replacements of worn and/or defective parts that contractor has determined have failed under proper use as necessary to restore the equipment to 100% operational condition as specified by the OEM.

7.3.6. Contractor is required to be available and respond to the needs of the MTF within 24 hours of being called. The Contractor should be able or willing to be present if required.

8. Service Reports.

8.1. Upon completion of services or repairs, a service report shall be provided to the COR prior to the contractor technician’s departure. This report is initiated by the Contractor at the completion of each repair and at the minimum will include:

8.1.1. Contractor’s name

8.1.2. Contract number

8.1.3. Name of technician performing the repair (full printed and signed name)

8.1.4. Number of hours expended on each service call. Hours are in tenths and rounded up to the nearest tenth of an hour. Example 1.1 is one hour and six minutes.

8.1.5. Part number(s) used for each repair.

8.1.6. Manufacturer, model number, serial number and Equipment Control Number of equipment being repaired.

8.1.7. Detailed information regarding the equipment malfunction and corrective action taken and preventive maintenance and calibrations standards checked.

8.1.8. Date of calibration expiration.

8.2. Final equipment list of GE Innova 2000 and associated peripherals

9. Other Required Tasks.

9.1. The Contractor is not responsible for the maintenance of equipment listed when damage resulted from act of God, or Government neglect/misuse/abuse, or when services from other than the Contractor’s personnel have been performed.

9.2. Delays caused by Government will not be counted as contractor “down time” for the purpose of this requirement.

9.3. The Contractor shall comply with applicable federal, state, and local laws and regulations.

9.4. If a malfunction exists with the Contractor maintained equipment or the Government’s utilities (i.e., water, air, electricity), the contractor’s maintenance representative will be notified. The Contractor’s maintenance representative and the Government’s maintenance representative will test the utilities and will determine whether the utility or the equipment failed. If it is determined that the equipment failed, the contractor shall perform maintenance services immediately.

9.5. Contractor personnel shall leave job site in the same condition as found upon arrival.

10. REPLACMENT PARTS:

10.1. The Contractor shall have and maintain an adequate inventory of repair parts to service the equipment listed herein and as may be needed in the performance of this contract. The Contractor shall maintain a backup inventory of spare parts so that any spare parts can be delivered to the site within the time frames established, if the spare part is not available from the local contractor inventory.

10.2. Replacement parts used in the performance of this contract shall be new or reconditioned, however, Government approved reconditioned repair parts shall be the only reconditioned repair parts allowed for performance of services under this contract.

10.3. Parts which have been replaced with Contractor furnished parts shall become the property of the Contractor. Parts once placed in a system or sub-system becomes the property of the Government.

10.4. The Contractor shall replace all worn, failed, or defective parts at no additional cost to the Government.

11. APPLICABLE FORMS AND PUBLICATIONS: Publications documents and forms applicable to this PWS are listed below. The Contractor shall use reasonable efforts to comply with these directives. Supplements or amendments may be issued during the life of the contract and will be considered to be in full force and effective immediately upon receipt by the Contractor. If compliance with such supplements and amendments changes the contract cost, scope or purpose, it shall be a change within the meaning of the “Changes” clauses of the contract.

11.1. FORMS. The forms listed below will be provided to the Contractor by the Government for use in the performance of this contract.

11.2. PUBLICATIONS. Publications shall be made available to the Contractor during the period of the contract. The non-Army publications establish guidelines for administering adequate healthcare services. When a conflict between the non-Army publications and Army publications arises, the publication which is more restrictive will be followed. These publications are located and will remain in the Medical Maintenance Branch, WBAMC.

12. CONTRACT MANPOWER REPORTING. (Accounting for Contract Services) (Jul 2007) The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address “https://cmra.army.mil”. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractor); (7) Total payments (including sub-Contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (10) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. The Contractor shall notify the Contracting Officer’s Representative (COR) by the 5th working day of November whether or not they have completed this report. If the COR is unavailable, the Contractor will notify the Contracting Officer."

The following information is provided for the Contractor’s use in completing the above report:

Predominant Federal Service Code: J065 (Maintenance and Repair of Medical Dental and Veterinary) Unit Identification Code for the Army Requiring Activity: W21PAA (Evans Army Community Hospital) Report Schedules are based on the Government’s Fiscal Year cycle, regardless of the contract period of performance cycle. This contract requires a final CMR report which does NOT align to the Fiscal Year. The final CMR report shall be due NLT 30 days after the performance period ends. If this contract is extended beyond the final CMR reporting period, the modification authorizing the extension will reflect the revised final CMR due date.

13. Notice of Conference. The Contractor, or authorized representative, may be required to attend a conference prior to any work being performed under this contract. A representative of the Contracting Office will notify the Contractor after entering into the contract as to the specific time and location of the conference. Such conferences will normally occur telephonically: however, the Government reserves the right to require the personal presence of the Contractor.

14. Exclusion from Participation in Federal Health Care Programs (October 2015)

14.1. The Contractor shall not employ or contract with any individual or entity (hereinafter collectively referred to as “person”) to provide items or services that will be included in invoices submitted to the Government under this contract if such person is listed on the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) List of Excluded Individuals and Entities (LEIE) or the TRICARE Sanctioned Provider List. The Government is legally prohibited from paying for provision of items or services by such persons. The prohibition extends to services beyond direct patient care, such as services of persons in executive or leadership roles and administrative and management services, whether or not such services are billed separately. The LEIE may be found at http://oig.hhs.gov/fraud/exclusions.asp, and the TRICARE Sanctioned Provider list at http://www.health.mil/Military-Health-Topics/Access-Cost-Quality-and-Safety/Quality-And-Safety-of-Healthcare/Program-Integrity/Sanctioned-Providers. The LEIE and TRICARE Sanctioned Provider List are hereinafter collectively referred to as “the Lists.”

14.2. Prior to start of contract performance, the Contractor shall (a) query the Lists to determine whether the name of any person the Contractor employs or contracts with to provide services or items for which payment may be made under this contract appears on the Lists, and (b) certify to the Contracting Officer that the Contractor has queried the Lists and no such names appear on either of the Lists.

14.3. During performance of the contract, and prior to persons other than those whose names were queried in accordance with paragraph 2, above, (hereinafter “new persons”) providing services or items under the contract, the Contractor shall (a) query the Lists as in paragraph 2, and (b) certify to the Contracting Officer that the names of such new persons do not appear on either of the Lists.

14.4. The Contractor is advised that during performance of the contract, MTF personnel will perform a recurrent recheck of the names of contractor personnel working in the MTF against the Lists, as specified in OTSG/MEDCOM Policy Memo 15-037. The Government will notify the Contractor in the event any contractor personnel working in the MTF appear on either of the Lists.

14.5. Should any person providing items or services under the contract appear on either of the Lists at any time during contract performance, the Contractor shall (a) in cases where the Contractor identified the person, notify the Contracting Officer, and (b) promptly remove that person from the contract.

14.6. Violation of any aspect of the above paragraphs shall be considered a material breach of the contract and may result in termination of the contract.

14.7. The Contractor is further advised that, in accordance with Civil Monetary Penalties Law [CMP] (codified at 42 USC § 1320a-7a):

14.7.1. There are steep civil monetary penalties associated with billing the Government for providing items or services by a person on either of the Lists, and with failing to return to the Government any overpayments received for provision of such items or services.

14.7.2.. Billing under the contract for provision of items or services by a person on either List may also result in exclusion of the person that employs or contracts with such person.

14.8. HHS OIG has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs with additional information on the CMP. The Special Advisory Bulletin may be found at http://oig.hhs.gov/exclusions/files/sab-05092013.pdf.