S06 36C25723Q0949 0001.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 23

07-20-2023

504-24-1-6143-0001

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

To all Offerors/Bidders

36C25723Q0949

07-07-2023

X

X X

See CONTINUATION Page

X 1

The purpose of this amendment is to provide updated Price/Cost Schedule, questions submitted and corresponding answers and revised SOW - all changes highlighted in yellow. (See continuation pages)

CONTINUATION PAGE

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

400.00 EA __________________ __________________

Quarterly samples from Bldgs. 1, 28, 29, 54 & 35

Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024

12.00 EA __________________ __________________

Quarterly sample from Cooling Tower

Contract Period: Base

24.00 EA __________________ __________________

Quarterly samples from Ice Machines

Contract Period: Base

160.00 EA __________________ __________________

Quarterly resamples by request

Contract Period: Base

1.00 YR __________________ __________________

Annual HACCP Plan Review and Support

Contract Period: Base

Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 1

Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 3

Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028

Contract Period: Option 4

Contract Period: Option 4

Contract Period: Option 4

Contract Period: Option 4

GRAND TOTAL __________________

STATEMENT OF WORK - LEGIONELLA WATER TESTING

SERVICES (revised)

A contract shall be established to maintain the Healthcare-Associated Legionella Disease Prevention program at this location based on Veterans Health Administration (VHA) policy, VHA Directive 1061.

A. Environmental Water Testing.

B. HACCP Plan Review and Support.

PERIOD OF PERFORMANCE:

Base Year 01/01/2024-12/31/2024

Option Year 1 01/01/2025-12/31/2025

Option Year 2 01/01/2026-12/31/2026

Option Year 3 01/01/2027-12/31/2027

Option Year 4 01/01/2028-12/31/2028

U.S. LEGAL HOLIDAYS: The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday.

HOLIDAY DATE

New Year’s Day Jan 1

Martin Luther King’s Birthday 3rd Monday in Jan

President’s Day 3rd Monday in Feb

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day 1st Monday in Sep

Columbus Day 2nd Monday in Oct

Veterans Day Nov 11

Thanksgiving Day 4th Thursday in Nov

Christmas Day Dec 25

SCOPE OF WORK

A. Environmental Legionella Water Testing, The contractor shall provide services to accomplish environmental water testing that covers the tables below and a pricing basis for more detailed sample analysis when a case is identified to help determine if the species responsible for the patient’s illness is detected in environmental samples.

20 - Quarterly samples from Bldgs. 1, 28, 29, 54 & 35 = 400/yr. 400

3 - Quarterly sample from Cooling Tower = 12/yr. 12

6 - Quarterly samples from Ice Machines = 24/ yr. 24

40 - Quarterly resamples if needed = 160/yr. 160

Total yearly samples 596

Qty Description of Requirement

TABLE 1 Estimated Annual Quantity of Environmental Water Tests

FACILITY

Frequency

Total Number of yearly Samples

Building 1 Quarterly 80

Building 28 Quarterly 80

Building 29 Quarterly 80

Building 35 Quarterly 80

Building 54 Quarterly 80

Cooling Tower Quarterly 12

Ice Machines Quarterly 24

Resamples if needed Quarterly 160

Samples will be drawn by VA staff.

Laboratories that process the water samples for Legionella shall be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program or the Public Health England (PHE) Legionella External Quality Assessment (EQA) scheme as proficient at performing the culture of Legionella from environmental samples. Laboratories shall also have environmental microbiology accreditation by a recognized accrediting program e.g., EMLAP, NELAP.

The contractor shall provide personnel, management and supervision, transportation, equipment, and materials to perform legionella water testing analysis and other ancillary services. Transportation costs covered includes both contractor staff and all aspects of sample transport for VA collected samples. Samples shall be transported in such a manner as to ensure the integrity of the specimen in accordance with analytical methodologies and the contractor's requirements. The contractor shall be responsible for all sample transport costs by providing a courier service for pick up and transport or by paying charges for a commercial transport service (i.e., FedEx or UPS). There is no government furnished equipment. The contractor shall provide boxes, bottles, chain of custody, labels, packaging and all other required items including shipping costs i.e., dry ice or cold packs etc.

Quantities of expected routine quarterly testing are provided as an attachment with a breakdown by facility. This list of estimated testing is identified in Table 1 (above). Sample quantities and locations may vary and sample quantities are not guaranteed by the government. For routine and quarterly testing, laboratories shall minimally determine if the Legionella detected in environmental samples is the species Legionella pneumophila, identify if it is serogroup 1, other serogroups (2-14) or other legionella species. The laboratory shall also be able to perform more detailed speciation analysis for non-routine situations i.e. to support investigation in response to an identified legionella case. Rapid testing methods such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA) shall not be used. It is noted that our facility is currently utilizing MIOX as a supplementary source of Chlorine.

Sampling protocol shall meet the requirements of VHA Directive 1061 and the accredited laboratory that shall be processing the Legionella water samples. A chain of custody form used by the laboratory shall be provided to the VA. The chain of custody form shall accompany the samples and the completed copy received by the lab shall be submitted with the Lab sampling results to the VA location where the water samples were taken.

Test Results are expected in 11 days of sample draw and are not to exceed 14 days. The contractor shall work with the facility to maximize the process to support an 11 day turn around. Each sample taken will include the water temperature, level of residual biocide and pH. Test result reporting is to be formatted to include this information in a manner that easily associates the culture results to the additional test data. VA collected data is to be included in submitted reports when provided to the contractor. The VA shall have final approval on the format used for test results.

The Contractor shall outline a plan to facilitate the management of Environmental Validation data. The Contractor's plan shall include procedures for:

i. Providing all sample analysis reports via email to this facility's COR. A web-based collection point may be used in addition. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, analytical results and method detection limits and description of test methodology.

ii. Providing the VAMC COR with progress reports on testing completion dates and supplemental actions to be taken, including the quantity and location of outlets tested and the frequency of such testing. Testing shall be in accordance with the requirements of VHA Directive 1061.

iii. Developing a chain of custody to identify the contractor's responsibility for; collecting environmental water samples, ensuring that the water samples are transferred to the environmental testing laboratory, receiving the results, and reporting the results to the

COR.

iv. Emailed results shall be in excel format. Contractor shall also provide the results in a PDF document. Once VA/ VHA establish a nationwide database with data uploading capability the contractor shall use that format.

Routine quarterly testing shall be scheduled in advance.

The limit of detection of legionella is to be no higher than 10 cfu/ml for cooling towers and no greater than 1 cfu/ml for all other areas.

The contractor shall establish a procedure with our facility ensuring ample sample containers and associated items are on hand to expeditiously process

Contractor shall culture samples in accordance with standard methods for Legionella isolation by culture as described in the ISO standards 11731-1:1998 and 11731-2:2004

A Monthly status report is to be provided to the VISN 17 indicating all testing performed in the previous month and testing already scheduled for the following month.

B. HACCP Plan Review and Support. Services shall be offered to perform an annual review of the existing program and ongoing support. The HACCP Plan is based on the following principles:

1. A review of the Hazard Analysis and Critical Control Point (HACCP) Type Water Safety Plan for Legionella for domestic and cooling systems to identify risk and implement control measures. The HACCP type Water Safety Plan shall utilize requirements and best practices from the following:

• ASH RAE Standard 188P. Prevention of Legionella Associated with Building Water Systems, 188P_article-analyst-standard.pdf (aqualine.net)

• VHA Directive 2008-010, Prevention of Legionella Disease, https://www.va.gov/oig/pubs/VAOIG-13-01189- 267.pdf#:~:text=VHA%20Directive%202008- 010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20red uce%20Legionella%20in%20the%20water%20distribution%20system.

• VHA Directive 2009-009, Domestic Hot Water Temperature Limits for Legionella Prevention and Scald Control, http://www.nationsmarketing.com/files/VHA_DHW.pdf#:~:text=This%20Directive%20at tempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20 prevention%20of%20scalding%2C%20and%20energy%20conservation.

• OSHA Technical Manual - Section Ill: Chapter 7

• Safe Drinking Water Act (SDWA), https://www.epa.gov/sdwa

• ASH RAE Guideline 12-2000. ASH RAE Standard Minimizing the Risk of Legionella

Associated with Building Water Systems, https://www.montgomerycountypa.gov/DocumentCenter/View/1036/ASHRAE?bidId=

• Joint Commission Environment of Care Standards - EC 02.05.001, https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:~:text=Standard%20EC.02.05.01%20The% 20hospital%20manages%20risks%20associated%20with,and%20operational%20needs .%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202.

https://www.aqualine.net/wp-content/uploads/2013/02/188P_article-analyst-standard.pdf https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation https://www.epa.gov/sdwa https://www.montgomerycountypa.gov/DocumentCenter/View/1036/ASHRAE?bidId= https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202

• CTI Guidelines WTB-148. Legionella Guideline: Best practices for Control of Legionella

• VHA Directive 1061, Prevention of Health Care-Associated Legionella Disease and Scald Injury from Water Systems, https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(20 21).pdf

2. General HACCP Plan Principle Includes:

Conduct Hazard Analysis - Collect and evaluate information on hazards associated with the building water system to decide which hazards are significant and shall be addressed.

Determine Critical Control Points (CCP) - These are steps within a process at which biological, chemical or physical factors can be controlled to prevent or eliminate a hazard or reduce it to an acceptable level. CCPs are those locations in the building water system at which hazard control is applied. This includes the inspection and review of current plumbing fixtures at points of use (i.e., shower heads, faucets, etc.) to determine compliance with VA design criteria and standards.

Consideration should be given to hands-free fixtures and related water conservation devices that present conflict with infection control practices.

Establish critical limits for each CCP -This is a maximum, minimum or range of values to which a biological chemical or physical parameter shall be controlled at a CCP, to prevent, eliminate or reduce to an acceptable level the occurrence of the hazard.

Establish a system to monitor control of CCPs - This includes the development and implementation of planned sequence of observations or measurements to assess whether a CCP is under control and to produce an accurate record for future use in verification. In this step in the process a set of procedures shall be developed describing a continuous process of monitoring all the CCPs. Note - the minimum requirements in VA Directive 1061 shall be met.

Establish Corrective Actions - to be taken when monitoring indicates that certain CCP’s are not under control. Development of a procedure that defines the actions necessary to correct the conditions at a CCP when monitoring shows that results are falling outside the critical limits.

Establish procedures for verification confirm the HACCP plan is working effectively Development of procedures that determine the validity of the HACCP plan and if it is operating as required.

Process Flow Diagrams for the water systems with CCP steps identified - Review schematic step wise illustration of how potable water and utility water (non-potable) are processed in the facilities.

https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(2021).pdf https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(2021).pdf

Hazard Analysis Summaries - Plan includes the name and number of each processing step in each identified building water system and the potential hazards for each processing step.

The plan indicates whether the team judges the risk at each step to be significant and briefly states the basis for that decision. It lists hazard control that is currently applied and/or identifies hazard controls that could be applied to prevent, eliminate or reduce the hazard at each control point. CCPs are selected and indicated in the hazard analysis summaries and shall also be indicated on the process flow diagrams.

Monitoring Schedules - Are developed and documented for each CCP. They include the frequency with which each CCP is monitored and the timeframe within which corrective actions shall be taken when critical limits are exceeded. Note - the minimum requirements in VA Directive 1061 shall be met.

Equipment Device Maintenance procedures are developed for each potable or utility device identified in the process flow diagram and includes:

• Requirements for the design, maintenance and operation of potable water systems including:

1. New Construction and Renovation - The HACCP plan addresses potential hazards from:

• Possible cross connections between potable and non-potable water

• Inadequate access to equipment with water storage capacity such as water expansion tanks, water hammer arrestors and water heaters

• Dead legs or low flow portions of the piping system

• Stratification in hot or cold-water storage tanks and heaters

• Heat transfer from hot or cold-water piping

2. New Systems Startup and Shutdown: The HACCP plan includes procedures for:

• Cleaning and disinfection before commissioning any new system.

• Shutdown, including any draining, purging, cleaning treatment and control settings

• Any unplanned loss of operating energy, loss of water treatment chemicals or system component repair or replacement.

• Restarting safely from a drained shutdown condition or from an undrained shutdown.

• Monitoring and treatments following water supply interruptions or breaks in water supply piping.

• The method and frequency of temperature measurements in water heaters and distribution systems.

3. System Maintenance: The HACCP plan includes:

• Inspection frequencies for water containing vessels and system components

• Maintenance procedures based on equipment manufacturers' recommendations for system components (e.g., hot and cold storage tanks, ice machines, expansion tanks, water filters etc.).

• Corrective action log templates

• System component operating manuals

4. Water Treatment: The HACCP plan includes:

• A Review of the water treatment/filter plants, including operation practices and water storage facilities for compliance with VHA and State requirements.

• Monitoring method and frequency of temperature measurement in the hot and cold systems and oxidant residual measurement in the hot and cold-water system.

• Inspection and maintenance schedule for all water treatment.

Included secondary systems that may be in place.

5. Emergency Disinfection: The HACCP plan develops site-specific procedures to be followed if there is suspected legionella within the potable water system.

• Preventative measures for cooling towers and evaporative condensers including:

• Equipment siting if applicable

• New system start up if applicable

• System maintenance including the frequency of inspections, basin and sump cleaning, and purging of low flow zones.

• Water treatment including a plan for control of microbiological activity, scale, and corrosion.

• Shutdown and startup procedures that shall include chemical pretreatment steps as well as system drainage requirements for shutdown periods.

• Disinfection procedures

Validation Summary - Includes justification and scientific evidence used to validate the selection of each CCP and each critical limit selected by the HACCP team. It also validates that the selection of critical limits to comply with local guidance and regulations.

Verification Schedule - is determined and lists all verification activities and the frequency with which they shall be performed.

Planned Responses to disruptions in water service - The plan identifies and includes recommended responses to disruption in water service at each of the areas identified in Table I. Disruptions in water service have been repeatedly associated with Legionella outbreaks.

Water Treatment and Management Program

The Water System Treatment Management program shall include the following elements:

• A site plan showing location of the equipment and possible sources of contamination

• Documentation that a plan relative to design, installation and start-up of the equipment has been developed.

• Equipment diagrams showing the locations of maintenance points and monitoring points for critical limits

• Written policies and procedures that include:

o A description of water treatment and management procedures that establish the treatment critical limits o Treatment monitoring schedule o Maintenance schedule o Frequency of tasks o Corrective actions for deviations from the treatment critical limits o Responsible persons o A procedure to record and regularly review all

Water System Treatment Management Program activities.

(End of Statement of Work)

RFQ 36C25723Q0949- Legionella Sampling Thomas E. Creek VA Health Care System

Amendment #0001 Questions and Answers

Q1: TABLE 1 "Estimated Annual Quantity of Environmental Water Tests" on page 5 of the solicitation states "Samples will be drawn by VA staff" at the bottom of the table.

Are all samples at each of the locations shown in Table 1 to be collected by VA staff?

A1: VA staff are collec�ng all samples.

Q2: Page 4 Scope of Work B. HACCP Plan Review and Support. Can the government provide a CLIN in B.3 Price/Cost Schedule for this annual requirement? Or provide instruc�ons on pricing for this part of the work?

A2: LIN added for HACCP Plan Review and Support. See revised B.3 Price/Cost Schedule in this amendment.

Q3: Page 5 Table with descrip�on of requirement 2nd row shows “3 – Quarterly sample from Cooling Tower = 4/yr.” Should this be 12/yr? Can the government clarify?

A3: Quantity column states 12; description of requirement updated.

Q4: Page 5: Table with descrip�on of requirement indicates 160 samples for retest each year; a 40% posi�vity rate. Is this an accurate approxima�on of the number of samples submited for retest each year? If not, can the government provide approxima�ons based on historical data about the number of samples required for retest each quarter?

A4: That is an accurate number.

Q5: Page 5 Table with descrip�on of requirement: Will the cooling tower and ice machine samples be collected at the same �me as the building samples or on two separate occasions?

A5: Yes, to be collected at the same time.

Q6: Page 6 3rd paragraph states, “Quan��es of expected rou�ne quarterly tes�ng are provided as an atachment with a breakdown by facility. This list of es�mated tes�ng is iden�fied in Atachment, Table 1.” There is no atachment. Can the government clarify this reference or provide the atachment?

A6: Table 1 is located on page 5 of the RFQ versus an attachment. SOW revised to correct this.

Q7: Page 7 HACCP Plan Review and Support.

o Can the government clarify that Offerors will only be responsible for the review of the plan and are not responsible for implemen�ng or conduc�ng treatment services, monitoring services, etc.?

o Will the annual review require a site visit?

o If a site visit is required, historically, how long does the review take?

A7: Offerors are only responsible for review. No site visits required.

Q8: Page 7 HACCP Plan Review and Support. 1st sentence states, “Services shall be offered to perform an annual review of the exis�ng program and ongoing support.” Can the government clarify what is required for ongoing support? Will ongoing support requirement site visits? If so, how many site visits per year does the government require?

A8: Ongoing support is consulta�ve in nature and required only if a change is made to the HACCP. No site visits are required as iden�fied in answer “A7” above.

Q9: Page 7 iii: calls for contractor’s responsibility for “collec�ng environmental water samples” on the Chain of Custody. On page 6 it states, “Transporta�on costs covered includes both contractor staff and all aspects of sample transport for VA collected samples.” On page 5 under Table 1 it states, “Samples will be drawn by VA staff.”

Can the government clarify that the VA is collecting all samples? If not, can the government please clarify the contractor’s responsibility for collecting samples?

A9: VA staff are collec�ng all samples.

Q10: Page 20 Clause 52.22-43, is the contract subject to this clause? If so, can the government indicate it on the requirement?

A10: FAR Clause 52.22-43 does not exist. We believe you are referring to FAR clause 52.222-43. The Contrac�ng Officer decided to include the clause. FAR Clause 52.212-5 has been updated to include clause 52.222-43 and is found below.

Q11: Page 40 E.5 Basis for Award B. Factors. Factor 2 Past Performance. Can the government clarify if Offerors are required to submit CPARS or references or if the Government will be conduc�ng the past performance evalua�on through CPARS?

A11: There is no requirement to submit CPARS or references with your quote. As stated in Factor 2 “The Offerors past performance will be evaluated using CPARS or other means to determine suitable past performance.” We will accept and review any past performance information you want to provide to assist the government with evaluations. Please limit any such information to five references but be sure to include the contract number, description, dollar value, and a current point of contact.

Q12: Page 40 E.5 Basis for Award B. Factors. Can the government clarify if all the FACTORs listed should be submited as one file or as separate files?

A12: All required items listed in E.4, “Offer Submital Instruc�ons” may be submited as one file except 4) VAAR Clause 852.219-76.

Q13: Is this a new requirement? If not, who is the incumbent and what is the contract value?

A13: This is not a new requirement. The incumbent is HGS Engineering, Inc. Contract number is GS-10F- 0039P/36C25719F0014 and contract value for Base +4 op�ons is $170,340.00.

(End of Ques�ons and Answers)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits Environmental Technician $22.79

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)