Performance Work Statement.pdf

36C24824Q0908

PERFORMANCE WORK STATEMENT (PWS)

1.0 General Information: This is a non-personal services Blanket Purchase Agreement (BPA) to provide Environmental Technical Support Services. The Government shall not exercise any supervision or control over the BPA service providers performing the service herein. Such BPA service providers shall be accountable solely to the Contractor who, in in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Environmental Support Services as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract.

1.1 Mission. The Facility Management Service (FMS) provides, operates, and maintains a "State of the art" facility service program in support of our Veterans Caribbean Health Care System (VACHS); carry out a program of education and development of personnel involved in the health care environment, promote environmental research and development of technologies in support of health care and provide these services in a cost effective, compassionate, humanitarian, and ethical manner.

1.2 Background: The VA Caribbean Healthcare System provides services to a population of 150,000 Veterans in Puerto Rico and the U.S. Virgin Islands. The VACHS is comprises of San Juan Medical Center, Out-Patient Clinics (OPCs) at Ponce and Mayaguez and Community Based Outpatient Clinics (CBOCs) in Arecibo, Ceiba, Guayama; Rural Clinics in Comerio, Utuado and Vieques and Saint Croix in US Virgin Islands.

1.3 Scope: The Contractor shall provide third party professional environmental technical services to the Environmental Regulatory Section, of the Facility Management Services (FMS) at the VACHS in all programmatic aspects of the various environmental programs in their purview. These programs applicable to US Environmental Protection Agency (USEPA), Puerto Rico’s Department of Natural Resources, Environment (PRDNER) environmental programs, Puerto Rico Permits Office Management and VHA requirements including, such as Stormwater Management Program; Hazardous Material & Waste Management; Safe Drinking Water Act (SDWA), Environmental Permits, Environmental Planning and Community Right-to-know Act (EPCRA), National Environmental Protection Act (NEPA), Air Emissions Program; and Spill Prevention, Control and Countermeasure (SPCC) programs.

1.3.1 Additionally, the professional technical services will assist VACHS in meeting Green Environmental Management System (GEMS)/ISO 14001 program elements to achieve Multimedia Environmental Compliance, Conformance and Sustainability Goals.

1.3.2 The scope of services provided under this BPA shall cover a wide range of functions and full assistance and support in the planning, gap analysis, implementation, operations, and program improvements amongst others.

1.3.3 The Contractor shall perform the specific tasks as described in this PWS. The Contractor shall perform these requirements in accordance with this PWS, local, state, and federal laws and regulations, and Veteran Affairs (VA) regulations. In the event of conflict between regulatory guidance, the most stringent requirement shall apply. Primary technical services to be performed by individuals performing professional services in support of VA Caribbean Healthcare System environmental programs.

2.0 General Requirements. This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

2.1.1 Type of BPA. The Government will award a firm-fixed price BPA.

2.1.2 Period of Performance. The period of performance for this effort will one base year plus four one-year option periods, starting at the date of award. In addition, the resulting BPA will have an additional option to extend the services for up to six (6) months at the Government’s discretion.

2.1.3 Location and Hours of Work. The Contractor shall perform the services at VACHS during the core hours of operation from 7:00 AM to 4:00 PM Monday through Friday, except on Federal Holidays (as seen in section 2.1.5, below).

2.1.4 Place of Performance: Most of the work is anticipated to be performed at VA Caribbean Healthcare System VHA owned and leased facilities, mainly in San Juan Medical Center and Ponce Outpatient Clinic (POPC) and Mayaguez Outpatient Clinic (MOPC). Occasional work may occur in the Community-Based Outpatient Clinics including Arecibo, Comerio, Utuado, Guayama, Ceiba, St. Croix, Vieques and the Carolina Warehouses.

2.1.5 Recognized Government Holidays. The Contractor will not be required to work on the legal public holidays listed below. Holidays occurring on weekends will be observed as directed by the published United States Office of Personnel Management (OPM) calendar.

New Year’s: Day 1 January Martin Luther King Jr. Birthday: 3rd Monday in January

Washington’s Birthday: 3rd Monday in February Good Friday varies Memorial Day: Last Monday in May Juneteenth: 19 June Independence Day: 4th of July Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veterans Day: 11th of November Thanksgiving Day: 4th Thursday in November Christmas Day: 25 December

*Note: Or any additional federal holiday as declared by the President of the United States.

2.2 Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, submittals, timely identification of issues, and effective management of subcontractors, if any. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. Within the bounds of acquisition policy, the VACHS intends to work to find solutions that will be beneficial to both the Government and its Contractors.

2.3 BPA Administration and Management:

2.3.1 Post Award Conference/Performance Evaluation Meetings. The Contractor may be required to attend a post award conference convened by the contracting activity or BPA administration office in accordance with Federal Acquisition Regulation (FAR) Subpart

42.5. This meeting may be conducted virtually. Written minutes of such meetings shall be recorded by the Contractor and signed by the Program/Project Manager and the CO and/or COR and distributed within five (5) workdays after the meeting.

2.3.2 BPA Administration.

2.3.2.1 Contracting Officer (CO). The CO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely in the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and solely at the risk of the Contractor. Communications pertaining to contractual administrative matters shall be addressed to the CO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the BPA, executed by the CO authorizing such changes.

2.3.2.2 Contracting Officer's Representative (COR). In accordance with Veteran Affairs Acquisition Regulation (VAAR) Clause 852.270-1, Representatives of the Contracting Officers, the CO reserve the right to designate representatives to act for him in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation shall be furnished to the Contractor.

2.3.3 Contractor Employees. The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The Contractor shall match personnel skills to the work specified herein. The Contractor shall ensure the labor categories/occupation code as defined by the Department of Labor are aligned to those tasks delineated in this PWS. The Contractor shall comply with the minimum rates established in the applicable wage determination for this service. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the BPA.

2.3.3.1 Contractor Identification. All Contractor personnel shall be identified as a Contractor (i.e., badge, company logo, or uniform). All Contractor personnel are required to identify themselves such that they avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all correspondence (documents, emails etc.) or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

2.3.4 Key Personnel. The Contractor shall provide a point of contact to administer this contract. All key personnel shall have means of verbal and e-mail communication with the COR. Key personnel and alternates must be able to communicate fluently in English both verbally and in writing.

2.3.5 Personnel Qualification:

2.3.5.1 The Contractor shall provide technical qualified personnel to performed tasks included in this PWS. Contractor personnel should be trained, physically capable, and qualified to perform required tasks and should receive periodic training to maintain proficiency and to keep current with required certifications. Individuals responsible to performed tasks should have competency up to date. The Contractor is responsible to provide capable, qualified personnel that possess any trainings, licenses, or certifications needed for the provision of these services, as listed under section 2.3.5.3.

2.3.5.2 The Contractor shall possess expert working knowledge of federal, state and local regulations pertaining to environmental issues. The Contractor is required have the following minimum qualifications and certifications:

i.Registered Environmental Manager ii.Certified Environmental Auditors iii.Certified International Organization for Standardization (ISO) 14001 iv.Certified ISO 14001 Lead Auditor v.Certified Stormwater Inspector vi.Professional Engineers (PE) vii.Education background in Environmental Field viii.HAZMAT DOT/HAZWOPER Trainers

2.3.5.3 Personnel trained and with at least 10 years of experienced in providing service identified above.

2.3.5.4 The Contractor must be very knowledgeable of Puerto Rico Department of Natural and Environmental Resources (PRDNER), Puerto Rico Permits Management Office and other regulatory agencies and their regulations (of which are mostly written in Spanish) and US Virgin Islands Department of Natural Resources and Planning.

2.3.5.5 The Contractor at a minimum shall conduct quarterly meetings with the Contracting Officer Representative (COR) to discuss program status of tasks. The frequency of these meetings is subject to change as deemed necessary by VACHS.

2.3.5.6 Due to the complex regulatory and legal issues associated with providing environmental compliance assistance services, all the information obtained while providing such services shall be kept confidential. Only the authorized designated VA representatives directly involved in this BPA will have access to the information obtained.

2.3.5.7 Photographs shall only be taken with permission of VACHS facility personnel.

Any photographs taken during the duration of the service will be taken with a digital camera and printout of the pictures, along with the media containing digital files will be turned over to the VACHS designee(s) after completion of the contract.

2.3.5.8 The Contractor shall assure that its employees have received safety equipment training, personal protective equipment (PPE), medical surveillance programs, individual health protection measures, and manufacturer's product and safety data sheets (SDS) as required for the work by the U.S. Occupational Safety and Health Administration (OSHA). Contractor should comply with applicable safety codes and standards during the rendering of these services.

2.3.5.9 Travel: All travel costs associated with the performance of this BPA are the responsibility of the Contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defined as time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

2.3.5.10 The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. Contractor's personnel and equipment shall comply with applicable state, Federal, and local laws, safety regulations and procedures, and contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The Contractor shall ensure that all personnel involved in handling hazardous material and waste be trained for the level of expertise required for the proper performance of the task and in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe practices while performing tasks. The Contractor agrees that his personnel and equipment are subject to safety inspections by San Juan VA Medical Center (VAMC) personnel and state authorities while on VA property.

2.3.5.11 The Contractor shall comply with The Joint Commission Accreditation (TJC) requirements. To comply with TJC requirement the Contractor shall provide written confirmation that employees are competent to perform the task as described in this PWS. This written confirmation shall specify in which areas each Contractor employees are competent.

2.3.5.12 The Contractor’s personnel must possess the required OSHA training and certifications to provide the services requested in this PWS. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work.

2.3.5.13 Personal Protective Equipment. The Contractor shall provide personal protective equipment (PPE) and attire to all employees, when required by Federal State and local regulations and require employees to use it while in the performance of their duties as necessary. The Contractor personnel shall take safety precautions as necessary to protect the lives and health of occupants of the building while in the performance of this BPA (i.e., lockout/tag out, universal precautions, etc.) Training on required safety programs and the proper use of PPE's shall be provided, and documentation maintained by the contractor.

2.3.5.14 Standards of Conduct. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substances. The Contractor is responsible for ensuring that any contractor employees providing services under this BPA conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 U.S.C. 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on VACHS facilities.

2.3.5.15 Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor's responsibility to assure compliance with this PWS and requirements referenced in this contract. Provisions provided in the PWS are not intended to relieve the Contractor of this responsibility.

2.3.5.16 Health and Safety. The Contractor and its subcontractors, if any, shall comply with Public Law 91-596, OSHA. In addition, the Contractor shall comply with 29 CFR 1910, Occupational Safety and Health Standards, 29 CFR 1926, Safety and Health Regulations for Construction, and all other applicable federal, state, and local requirements for protecting the safety of the contractor's employees, building occupants and the environment. All applicable standards of the OSHA shall be followed when working in accordance with this PWS.

2.3.5.17 Occupants Safety. The Contractor shall take all safety precautions and safety measurement necessary to protect the lives and health of occupants of the building and user of the equipment. No process or materials shall be employed in such a manner that they will introduce additional hazards into occupied space. In addition, shall have in place and be responsible of enforcing it, a safety program/procedure, which shall be followed by their employees in the performance of their duties.

2.3.5.18 In performance of this contract, the Contractor shall follow Veterans Affairs Central Office (VACO) Directive 7710, Occupational Safety and Health, for safe work practices. The Contractor shall comply with VACHS smoking policy, which designates all space as non-smoking areas.

2.3.5.19 Contractor personnel and property shall be subject to search and seizure upon entering and leaving the confines of VACHS facilities. The Contractor shall be responsible for assuring that all personnel authorized to perform work under this BPA obtain facilities’ access as required. The Contractor shall provide a personnel roster listing all employees and the last four numbers of social security number for each one.

The Contractor shall always maintain an updated listing. New employees shall comply with the minimum requirements listed in this PWS. Contractor access to the VA facilities shall be exclusively for work in connection with this contract.

2.3.5.20 Injury or Accident Reporting. The Contractor shall maintain an accurate record of accidents resulting in injury or death and accidents resulting in damage to government property supplies, and equipment.

2.3.5.21 As defined by OSHA, EPA, ANSI, and all other regulatory requirements any incident of a major malfunction, accident or injury, a written report shall be submitted by the Contractor to VACHS within five (5) working days following the incident. The report shall state the cause what, where and when and why the incident happened and the repairs and tests that were or are to be made to correct the cause of the incident.

2.4 Physical Security. The Contractor shall protect existing buildings, facilities, utilities, and equipment during working period and shall be responsible for any damages resulting from operation and/or execution of this contract.

2.5 Organizational Conflict of Interest: (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this BPA and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the BPA may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the BPA work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this BPA or any task/delivery order under the BPA, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The Government may, however, terminate the BPA or task/delivery order for the convenience of the VACHS if it would be in the best interest of the agency. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this BPA and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the BPA for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

2.6 Liability and Responsibility for Damaged Property:

2.6.1 Damage to Government Property. The Contractor shall be held liable for damage or destruction of Government property (e.g., buildings, vehicles, sidewalks, fences, etc.)

caused by the Contractor, Contractor personnel or representatives of the Contractor in the performance of services on this contract. The Contractor shall submit their damage report to the COR within twenty-four (24) hours of damage and shall include the repairs and corrective action plan, as applicable. If the Contractor fails to take the required corrective action, the Government retains the right to exercise other rights or remedies available to the CO.

2.6.2 Damage to Privately-Owned Property. The Contractor shall be held liable for damage or destruction of privately owned property (e.g., privately owned vehicles), as defined in this PWS, caused by the Contractor, Contractor personnel or representatives of the contractor in the performance of services in this contract. The Contractor shall take corrective action within five (5) working days to repair damages or replace destroyed property. Contractor shall purchase and always maintain a general third-party liability insurance policy of not less than $500,000 per event coverage (See FAR Clause 52.228- 5).

2.6.3 Damage Reports. The contractor shall submit a damage report to the CO and designated representative within twenty-four (24) hours of damage or destruction to Government property or privately owned property caused by the Contractor, Contractor personnel or representatives of the Contractor. The damage report shall detail the facts and the extent of damages or destruction, and the corrective action taken by the Contractor to repair damages or replace any destroyed property.

2.7 Fraud, waste, and abuse. The Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor occupied work area(s). Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste, and abuse, or other intentionally dishonest conduct against the government observed during or in the performance of this contract. The Contractor lines of communication are with the COR and the CO.

2.8 Influenza vaccine:

2.8.1 “Flu Shot” is mandatory for all VHA employees and contractors as per VHA Directive

1192.0. Contractor shall provide a list of employees under BPA performance with their vaccination compliance. This requirement is to be submitted annually. Employees and Contractors who are not vaccinated as per authorized exclusions on VHA Directive are to be documented as such and always required to wear healthcare face mask while on VHA premises.

3.0 Specific Tasks:

3.1 Basic Services: The purpose of this BPA is to provide third-party environmental technical services to the Environmental Regulatory Section (ERS) within the Facility Management Service (FMS) at the VACHS. Support efforts include multimedia environmental compliance, professional engineering certifications, environmental conformance, and sustainability goals.

3.2 Environmental Compliance: The Contractor shall provide support for all environmental compliance program including permitting, site assessment, technical training, recordkeeping, development of guidance and protocol documents and standards operating procedures, tracking of metrics, and coordination with both internal and external regulatory authorities. The Contractor shall support compliance with the applicable federal, state, and local regulations for all VACHS owned and operated facilities.

3.2.1 The Contractor shall provide the following environmental trainings:

3.2.2 Provide annual trainings to employees and Contractors regarding VACHS Hazardous Material & Hazardous Waste Operations and pollution prevention.

3.2.3 Conduct annual training to comply with the Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) for operations personnel.

3.2.4 Conduct Hazardous Material Regulation 49 CFR (DOT) HAZMAT Training for General Awareness and Function Specific Trainings to employees.

3.2.5 Conduct annual SPCC training to employees and contractors.

3.2.6 Conduct Storm-Water Prevention Plan (SWPP) annual training to employees and contractors to ensure stormwater maintenance activities and Best Management Practices (BMPs) communicated and been implemented.

3.2.7 Provide annual Ozone-Depleting Substances (ODS) training for operations personnel.

3.2.8 Provide annual GEMS Awareness Training to employees and contractors.

3.3 The Contractor shall prepare and complete the following environmental compliance and conformance reports:

3.3.1 Prepare and submit to the regulatory agencies the Emergency Planning and Community Right-To-Know Act (EPCRA) 312 -Tier II and Toxins Release Inventory (TRI) Reports and EPCRA 313 Chemical Inventories.

3.3.2 Prepare and submit annual air emissions toxics inventory report to the regulatory agency.

3.3.3 Prepared annual air compliance assessment & certifications.

3.3.4 Update Annual ODS inventory.

3.3.5 Prepare Refrigerant Leak Rate Calculations and Reporting.

3.3.6 Prepare and submit Annual MS4 Reports to the regulatory agencies.

3.3.7 Update the stormwater management facility inventory and site plan drawings.

3.3.8 Conduct Annual Green Environmental Management System (GEMS) Gap Analysis.

3.4 The Contractor shall prepare and update the following environmental plans:

3.4.1 Maintain the Hazardous Waste Contingency Plan and update as needed to reflect current operations.

3.4.2 Update Waste Minimization and Pollution Prevention (P2) plan and update annually.

3.4.3 Maintain update the ODS Management Plan.

3.4.4 Maintain Spill Prevention Control and Countermeasures Plans for San Juan, Ponce and Mayaguez and update as needed to reflect current operations. Services include spill containment calculations, administrative/technical amendments, and PE certifications.

3.4.5 Update MS4 Stormwater Pollution Prevention Plan (SWPPP) for San Juan, Ponce and Mayaguez.

3.5 The Contractor shall prepare and update the following environmental compliance permits:

3.5.1 Prepare and submit to regulatory agencies Construction and Operation Air Emissions General Consolidated Permit Applications, Modifications and renewals including Asbestos Abatement Permit Applications. Services include but not limited to calculations, workplans, Professional Engineer (PE) certifications, and permit fees.

3.5.2 Prepare and submit National Pollutant Discharge Elimination Program (NPDES) / Small Municipal Separate Storm Sewer Systems/MS4) Notice of Intent (NOI) and MS4 Permit applications.

3.5.3 Prepare water well franchise permit application to the regulatory agency. Services includes prepare and update related documentation and permit fees.

3.5.4 Submit Biomedical Waste Generation Permit applications to regulatory agencies.

Services including preparation, submittal, and permit fees.

3.6 The Contractor shall also provide the following environmental compliance third party audit and inspections:

3.6.1 Conduct monthly inspections of the SPCC management areas. Inspection includes inventory of spill kits, maintaining kits fully equipped and ensure proper spill prevention operations are being followed.

3.6.2 Perform monthly and quarterly Illicit Discharge Detection and Elimination (IDEE) inspections stormwater sewer units including but not limited to catch basins, outfalls to identify illicit discharges.

3.7 The Contractor shall provide environmental technical support for the following areas:

3.7.1 Ensure compliance with 40 CFR 63 Subpart JJJJJJ regulations and applicable requirements.

3.7.2 Provide technical input in responses to inquiries from local, state, and federal agencies.

3.7.3 Develop public educational programs and materials.

3.7.4 Maintain markings and placards for all applicable stormwater units.

3.7.5 The Contractor will assist FMS ERS in climate resilience and sustainability efforts to promote resiliency and sustainable hospital practices and administrative operations by working closely with the FMS ERS to survey existing practices, scope a three (3) year sustainability plan, provide benchmarking frameworks, and explore potential strategic partnerships for all aspects of the plan. The plan shall gather existing and proposed opportunities for strategic intervention across the VACHS facilities, planning, (including new construction and site planning), and hospital operations.

4.0 Records: The Contractor shall be responsible for creating, maintaining required records that are specifically cited in this PWS or required by the provisions of a mandatory directive listed in this PWS. The Contractor shall provide the original record or a reproducible copy of any such record within five (5) working days of receipt of the request. The Contractor shall provide records to VACHS to email address (SAJFMSEnvironmentalRegulatory@va.gov) or send hard copies of records to VA Caribbean Healthcare System Facility Management Service 001FMS Environmental Regulatory Section (ERS) Office C-25, 10 Casia Street San Juan PR 00921.

5.0 Performance Requirements Summary (PRS) Matrix

5.1 The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. The Government expects the Contractor to perform at a minimum, the identified acceptable levels throughout the life of the contract.

5.2 Method of Surveillance: The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL).

Item No.

Performance Objective

Performance Standard

Acceptable Quality Level

Surveillance Method

Remedies

1 Trainings

PWS Paragraphs

3.2.1 through

3.2.8

95% acceptable level

Random Inspection conducted by the COR

IAW PWS

Paragraph

5.4 & 5.5

2 Environmental Reports

PWS Paragraph 3.3

90% acceptable level

Random inspection conducted by

COR

IAW PWS

Paragraph

5.4 & 5.5 mailto:SAJFMSEnvironmentalRegulatory@va.gov

3 Environmental Plans

PWS Paragraphs

3.4.1 through 3.

4.5

100% acceptable level

Random Inspection conducted by the COR

IAW PWS

Paragraph

5.4 & 5.5

Permits generation submittals, updates & recordkeeping.

PWS Paragraphs

3.5.1 through

3.5.4

100% acceptable level

Random Inspection conducted by the COR

IAW PWS

Paragraph

Audits and Inspections

PWS Paragraphs

3.6.1 through

3.6.2

100% acceptable level

Random inspection conducted by

COR

IAW PWS

Paragraph

Environmental Regulatory Support Services

PWS Paragraphs

3.7.1 through

3.7.5

95% acceptable level

Random Inspection conducted by the COR

IAW PWS

Paragraph

5.3 Quality Assurance: The Government will evaluate the Contractor’s performance under the contract, IAW the PRS Matrix. The Government retains the right to inspect and test all services called for by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to BPA requirements, the Government may require the Contractor to perform the services again in conformity with BPA requirements, at no increase in BPA amount.

5.4 Whenever the COR notifies the Contractor of any deficiencies detected in the work performed, the Contractor shall correct cited deficiencies within twenty-four (24) hours, or as otherwise authorized by the COR, after the notification in writing by the COR without affecting the regularly scheduled work.

5.5 General Acceptance Criteria: General quality measures as set forth below shall be applied to each work product received from the contractor under this PWS.

5.5.1 Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

5.5.2 Clarity - Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

5.5.3 Consistency to Requirements - All work products must satisfy the requirements of this PWS.

5.5.4 File Editing - All text and diagrammatic files shall be editable by the Government.

5.5.5 Format - Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals.

5.5.6 Timeliness - Work Products shall be submitted on or before the due date specified in this PWS or as described in assigned tasks or submitted in accordance with a later scheduled date determined by or approved by the Government.

5.5.7 Upon satisfactory completion by the Contractor and acceptance by the COR of the work completed by the Contractor in accordance with this PWS, invoices will be approved for payment. Failure to complete the work stated in this PWS may result in unfavorable Contractor Performance Assessment Reporting System (CPARS) ratings and/or deduction to be determined by the CO.

5.6 Quality Control: The Contractor shall maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The purpose of this program is to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the program shall include the following:

5.6.1 The name(s) of the individual(s) who will perform the services described in contract.

5.6.2 A checklist used in the inspection and performance verification of the services. The checklist shall include every requirement included in this PWS.

5.6.3 A schedule of the dates programmed for the service requested.

5.6.4 A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the COR identifies the deficiencies.

5.6.5 In addition to providing the documentation at the end of each service, the contractor is responsible to maintain the required documents of all the services conducted by the Contractor and the corrective actions taken. All documentation shall be made available to the Government during the term of the contract.

6.0 Deliverables

Item Due Date Submittal Format Submitted to Insurance Certificate Within 10 days of BPA award Electronic CO

Key Personnel Within 10 days of BPA award Electronic COR Quality Control Plan Within 10 days of BPA award Electronic COR

7.0 Definitions

CONTRACTING OFFICER (CO): A Contracting Officer is a government employee who has authority to enter, administer, and or terminate contracts, as well as make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR) - A representative from the requiring activity appointed by the CO to perform surveillance and to act as liaison to the contractor.

CONTRACTOR: A supplier or vendor awarded a BPA to provide specific supplies or service to the Government. The term used in this BPA refers to the prime.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

DELIVERABLE: A tangible or intangible object produced as a result of the project that is intended to be delivered to a customer (either internal or external). Examples of a deliverable are a report, a document, a server upgrade, or any other building block of an overall project.

FISCAL YEAR: A period beginning on October 1 and ending September 30 of the consecutive calendar year. The fiscal year is designated by the calendar year in which it ends.

GOVERNMENT FURNISHED PROPERTY (GFP): All equipment, goods and land possessed by the government and subsequently delivered or otherwise made available to the Contractor.

Training

Provide records and training materials as soon as they become available after submittal and completion

Electronic and hard copy COR

Permits Documents As soon as they become available after submittal and completion

Electronic and hard copy COR

Audits and Inspections As soon as they become available 10 days after completion

Electronic and hard copy COR

Plans As soon as they become available 10 days after completion

Electronic and hard copy COR

Report As soon as they become available 10 days after completion

Electronic and hard copy

COR

INSPECTION. Examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediates assemblies) to determine whether they conform to BPA requirements.

MATERIAL. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

MINOR DISCREPANCIES. Problems identified during maintenance checks that do not require significant time or significant materials to correct, such as loose wires or belts, hoses, clamps, coolant additives and other minor adjustments.

NON-PERSONAL SERVICES. The personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA): Government agency part of the US Department of Labor with the primary responsibility for administrating the Occupational Safety and Health act of 1970. This act has the purpose of preservation of human resource.

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

PROPERTY. All tangible property, both real and personal.

QUALITY ASSURANCE (QA): A procedure or set of procedures taken by the Government to ensure that services acquired under government contracts conform to the contract’s quality and quality requirements.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A plan specifying the surveillance methodology used by the COR for surveillance of the contractor’s performance.

QUALITY CONTROL (QC): Task performed by the contractor to ensure excellence of the organization’s output.

REPAIR. The correction of a malfunction or non-conformance that cannot be accomplished without significant time and/or material, as determined by the COR.

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

8.0 Acronyms

CA Corrective Action CAP Corrective Action Plan CFR Code of Federal Regulations COB Close of Business COR Contracting Officer’s Representative CPARS Contractor Performance Assessment Reporting System FAR Federal Acquisition Regulation FFP Firm-Fixed Price FY Fiscal Year HAZMAT Hazardous Training IAW In Accordance With CO Contracting Officer NCO Network Contracting Office NFPA National Fire Protection Association NLT No Later Than OSH Occupational Safety and Health OSHA Occupational Safety and Health Act POC Point of Contact PR Puerto Rico PRDNER Puerto Rico Department of Natural and Environmental Resources PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control TE Technical Exhibit USEPA US Environmental Protection Agency USVI US Virgin Islands VA Veterans Affairs VAAR VA Acquisition Regulation VACHS Veterans Affairs Caribbean Healthcare System VACO Veterans Affairs Central Office VHA Veterans Health Administration

9.0 Applicable Directives and Publications: The following laws, regulations, policies, and procedures in effect on date of BPA issuance and all subsequent changes or updates apply:

29 CFR, Part 1910 Occupational Safety and Health Standards

40 CFR 63 Subpart A National Emission Standard for Hazardous Air Pollutants

(NESHAP)

40 CFR Part 82 Subpart F Clean Air Act Section 608 - Refrigerant Recycling Rule 40

CFR Part 82, Subpart F

40 CFR Part 112 Oil Pollution Prevention-SPCC

40 CFR 122 Stormwater MS4 Permit & Regulations

40 CFR PART 260, 268, 273 Resource Conservation and Recovery Act https://www.epa.gov/haps https://www.epa.gov/haps https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-82/subpart-F https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-82/subpart-F https://www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-overview

40 CFR Part 302 Protection of Environment, Designation, Reportable

Quantities and Notification

40 CFR Parts 300.215, 311, 312 Emergency & community Planning Right to know Act 313, 355, 370, and 372 (EPCRA) State and local requirements.

EPCRA Section 313, Toxics Release Inventory Laws and Regulatory Activities.

40 CFR Part 302 Department of Transportation Hazardous Material

Regulations

15 U.S.C. §2601 et seq. (1976)) Toxic Substances Control Act

33 U.S.C. §1251 et seq. (1972)) Clean Water Act

42 USC §7401 Clean Air Act

42 USC Chapter 133 Pollution Prevention Act

43 U.S. Code § 1638 (1970) National Environmental Policy Act.

EISA Section 438 EPA Stormwater Management for Federal Facilities (EISA

Section 438)

EO 13990 Protecting Public Health and the Environment and

Restoring Science to Tackle the Climate Crisis

EO 14057 Executive Order 14057 Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability

Facilities Guidelines Institute Guidelines for Design and Construction of Health Care

Facilities, 2010 Edition

FIPS PUB 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors

HSPD 12 Homeland Security Presidential Directive 12 Policy for a

Common Identification Standard for Federal Employees and Contractor

PRDNER Air Program Atmospheric Pollution Control Rule

Public Law 102-386 Federal Facility Compliance Act 1992

OMB M-05-24 Office of Management and Budget (OMB) Guidance

Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors https://www.epa.gov/toxics-release-inventory-tri-program/tri-laws-and-regulatory-activities https://www.epa.gov/toxics-release-inventory-tri-program/tri-laws-and-regulatory-activities https://www.epa.gov/laws-regulations/summary-toxic-substances-control-act https://www.epa.gov/laws-regulations/summary-clean-water-act https://www.epa.gov/laws-regulations/summary-clean-air-act https://www.epa.gov/laws-regulations/summary-national-environmental-policy-act https://www.epa.gov/nps/stormwater-management-federal-facilities-under-section-438-energy-independence-and-security-act https://www.epa.gov/nps/stormwater-management-federal-facilities-under-section-438-energy-independence-and-security-act https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/08/fact-sheet-president-biden-signs-executive-order-catalyzing-americas-clean-energy-economy-through-federal-sustainability/ https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/08/fact-sheet-president-biden-signs-executive-order-catalyzing-americas-clean-energy-economy-through-federal-sustainability/

VACO Directive 7710 Occupational Safety and Health

VHA Directive 77077 VHA Green Environmental Management System and

Governing Environmental Policy

VA Directive 0056 VA Directive 0056 Sustainable Buildings Program https://www.va.gov/vapubs/search_action.cfm?dType=1

PERFORMANCE WORK STATEMENT (PWS)