36C26126Q0131.docx

36C26126Q0131

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

570-26-1-141-0007 36C26126Q0131 11-05-2025 Michael Alston | michael.alston@va.gov

(559) 225-6100 ext. 3407 11-10-2025

12:00 PM

PST

Department of Veterans Affairs VA Network Contracting Office (NCO) 21

X X 561210 $47 Million N/A X ***See Performance Work Statement***

FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 See CONTINUATION Page Legionella & HPC Water Testing for VA Central California Health Care System (VACCHCS).

***Questions must be submitted, via email, to michael.alston@va.gov by 11/7/2025, 8:00 AM PST.*** Due Date for Quotes: 11/10/2025, 12:00 PM PST ***Quotes will only be accepted via e-mail at michael.alston@va.gov*** ***Quotations must be accompanied by a completed VAAR 852.219-75 certification otherwise it will not be evaluated.*** ***A site visit is not planned for this requirement.*** Wage Determination No: 2015-5609 Rev. 27 dtd 7/8/2025 See CONTINUATION Page X Michael Alston Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Quarterly Water Sample Collection Contract Period: Base POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support

Quarterly Legionella Testing

POP Begin: 12-01-2025 POP End: 11-30-2026

Quarterly HPC Testing

POP Begin: 12-01-2025 POP End: 11-30-2026

Off-Cycle/Post Remediation/Validation Legionella Testing

POP Begin: 12-01-2025 POP End: 11-30-2026

Off-Cycle/Post Remediation/Validation HPC Testing

POP Begin: 12-01-2025 POP End: 11-30-2026

Quarterly Water Sample Collection Contract Period: Option 1 POP Begin: 12-01-2026 POP End: 11-30-2027

Quarterly Legionella Testing

POP Begin: 12-01-2026 POP End: 11-30-2027

Quarterly HPC Testing

POP Begin: 12-01-2026 POP End: 11-30-2027

Off-Cycle/Post Remediation/Validation Legionella Testing

POP Begin: 12-01-2026 POP End: 11-30-2027

Off-Cycle/Post Remediation/Validation HPC Testing

POP Begin: 12-01-2026 POP End: 11-30-2027

Quarterly Water Sample Collection Contract Period: Option 2 POP Begin: 12-01-2027 POP End: 11-30-2028

Quarterly Legionella Testing

POP Begin: 12-01-2027 POP End: 11-30-2028

Quarterly HPC Testing

POP Begin: 12-01-2027 POP End: 11-30-2028

Off-Cycle/Post Remediation/Validation Legionella Testing

POP Begin: 12-01-2027 POP End: 11-30-2028

Off-Cycle/Post Remediation/Validation HPC Testing

POP Begin: 12-01-2027 POP End: 11-30-2028

Quarterly Water Sample Collection Contract Period: Option 3 POP Begin: 12-01-2028 POP End: 11-30-2029

Quarterly Legionella Testing

POP Begin: 12-01-2028 POP End: 11-30-2029

Quarterly HPC Testing

POP Begin: 12-01-2028 POP End: 11-30-2029

Off-Cycle/Post Remediation/Validation Legionella Testing

POP Begin: 12-01-2028 POP End: 11-30-2029

Off-Cycle/Post Remediation/Validation HPC Testing

POP Begin: 12-01-2028 POP End: 11-30-2029

Quarterly Water Sample Collection Contract Period: Option 4 POP Begin: 12-01-2029 POP End: 11-30-2030

Quarterly Legionella Testing

POP Begin: 12-01-2029 POP End: 11-30-2030

Quarterly HPC Testing

POP Begin: 12-01-2029 POP End: 11-30-2030

Off-Cycle/Post Remediation/Validation Legionella Testing

POP Begin: 12-01-2029 POP End: 11-30-2030

Off-Cycle/Post Remediation/Validation HPC Testing

POP Begin: 12-01-2029 POP End: 11-30-2030

Performance Work Statement (PWS) Legionella and HPC Water Testing VA Central California Health Care System

1. BACKGROUND: This Performance Work Statement (PWS) is to obtain domestic, industrial cooling tower and dental chair water sampling and laboratory testing services required per Veteran’s Health Administration (VHA) Directive 1061 “Prevention of HealthCare Associated Legionella Disease and Scald Injury from Water Systems”. Services will be performed at the VA Central California Health Care System’s main campus in Fresno, CA.

The VA Central California Healthcare System is requesting a base year contract with up to four (4) option years to be included for this service.

2. SCOPE OF WORK:

2.1. The Contractor shall provide management, supervision, labor, parts, reagents, sample bottles and testing materials, tools, incidental engineering services, shipping and transportation necessary to perform the legionella and heterotrophic plate count services of selected potable water outlets, dental chair water lines, industrial cooling tower basins and supply and return lines and other sampling and laboratory water testing where required by Directive 1061.

2.2. The vendor shall adhere to the most current version of the reference codes or standards as applicable to the services provided.

2.2.1. VHA Directive 1061 “Prevention of HealthCare Associated Legionella Disease and Scald Injury from Water Systems”

2.2.2. The Joint Commission for Healthcare Accreditation standards

2.2.3. CDC Procedures for the Recovery of Legionella from the Environment

2.2.4. ISO 11731-2017: Detection and Enumeration of Legionella

2.2.5. ANSI/AAMI ST108:2023 Water for the Processing of Medical Devices

2.3. Legionella Water Testing

2.3.1. Each Quarter the contractor shall collect a minimum of 98 water samples for legionella testing; 88 domestic water and 10 industrial samples.

2.3.2. Legionella water sampling locations shall consist of twenty-two (22) outlets in Building 1, twenty (22) outlets in Building 28, twenty-two (22) water outlets in Building 31, twenty-two (22) outlets located in the Outpatient Clinic Building (OPC) Emergency Department/Post-Anesthesia Care Unit and ten (10) outlets in the Building 22A/27 cooling tower basis, supply and return lines. Each building will have an equal number of hot and cold-water samples collected, when not otherwise instructed. The Contractor should attempt to select different outlets to obtain samples from in lieu of sampling the same outlets each cycle when the number of fixtures available permits. Specific outlets to be tested are listed in Attachment A of this document.

2.4. Heterotrophic Plate Count (HPC) Testing

2.4.1. Each Quarter the contractor shall collect a minimum of 83 water samples for HPC testing; 73 water samples from the OPC Building Dental Clinic chairs and 10 industrial samples from the Building 22A and Building 27 Cooling Tower Basins, supply and return lines.

2.5. Sampling

2.5.1. The contractor shall be responsible for the supply of sample bottles or containers that are suitable for the collection, transport and testing required by VHA 1061 directive. Sampling collection procedures, storage and shipment shall follow Center for Disease Control (CDC) and Occupational Safety and Health Administration (OSHA) and the accredited laboratory’s requirements and recommendations. Each water sample will be collected in a sterile, unused, leak-proof container provided by the Contractor.

2.5.2. The condition of all samples shall be documented at the time of the draw. At a minimum, this will include: sample number, time of collection, location (building and room number), fixture identification, temperature, level of residual secondary biocide*, pH and sample volume.

* Current secondary disinfection is monochloramine. The facility reserves the right to switch secondary disinfection product at will.

2.5.3. Contractor’s staff shall wear appropriate personal protective equipment (PPE) when obtaining samples from cooling towers or any potentially contaminated water source. At a minimum this shall consist of eye protection, respirator, and protective gloves. The contractor is responsible for implementing collection procedures that mitigate the risk of sample contamination.

2.6. Shipping Samples and Laboratory Testing

2.6.1. The contractor is responsible for all shipping/handling costs and materials.

2.6.2. Contractor will provide shipping data (tracking numbers, carrier, etc.) for samples shipped to the testing Laboratory (if applicable) within 24 hours of shipment. The contractor is responsible for all shipping materials, to include “blue ice” or other methods to maintain appropriate sample temperatures during shipment. The contractor may coordinate with COR to ship ice packs, etc. to the site for freezing prior to the sampling event if coordinated in advance.

2.6.3. The Contractor shall ensure that samples collected for laboratory analysis are maintained under positive control, have appropriate documented chain-of-custody, are packed in leak-proof containers, and are shipped overnight to the laboratory.

2.6.4. Samples shall arrive at the laboratory within the processing window established by the laboratory’s accreditation, but no more than 48 hours after collection and samples shall be in conformance with the laboratory’s storage temperature parameters upon arrival. Any sample not meeting this requirement must be redrawn, transported and tested at no additional cost to the government.

2.6.5. Lab Testing shall be performed at a CDC ELITE certified analytical laboratory with at least 5 years of experience in environmental testing as stated in the VHA Directive 1061 requirements. (i.e. NELAP, A2LA or EMLAP accreditation). Accreditation and certification shall be maintained for throughout the duration of the contract. Annually, the contractor shall supply documentation of the Laboratory’s ELITE Certification.

2.6.6. Legionella and HBC testing shall be performed by culturing properly / appropriately prepared water samples on an appropriate media. Rapid testing methods shall not be used.

2.7. Data Management and Reporting

2.7.1. Formal Testing Reports shall include the Chain of Custody, Certified Laboratory Analysis, and Executive Summary. It shall be typewritten and electronically submitted to the COR within 1 business day of laboratory reporting. Sample reports are provided as Attachment B1, B2 and B3

2.7.2. Chain of Custody shall include all field-obtained sample information, specific location information, name, date and signature of sampler, name, date and time of receipt of laboratory, signature of accepting laboratory technicians, condition and temperature of the samples upon receipt. Only legible forms will be accepted

2.7.3. Certified Laboratory Analysis document shall be on the accredited laboratory letterhead and identify the sample number, location, determination of legionella or HPC detection, legionella enumeration and serotyping, laboratory sample identification, volume analyzed, and laboratory legionella detection limit or HPC method used.

2.7.4. The Executive summary portion of the Formal Report shall include the threshold definition for the sample and the threshold reference source, the lab detection limit, lab testing methodology used, the VHA Directive 1061 Appendix C Flow Chart for Interpretation of Routine Quarterly Environmental Water Testing (for legionella samples), Engineering Standard ES-2019-001, Cooling Tower Water Systems (for Industrial HPC samples), The Infection Control Standards for VA Clinics (for dental HPC samples) and a summary table of results that clearly identifies samples testing above an actionable threshold.

2.7.5. The handwritten Chain of Custody completed during field collection shall be provided to the COR prior to leaving the site to validate that all required samples have been collected. The contractor shall resample any incorrect or missing samples at no additional cost to the government.

2.7.6. The contractor shall review the lab results and notify the COR immediately upon detectable legionella or any out of parameter HPC results reported by the laboratory. Contact should be attempted by phone and email.

2.7.7. Cultures found positive for any species of Legionella will be stored in a manner which will allow further levels of identification (DNA) as requested by the Government. The species and serogroup of each positive sample shall be reported along with the concentration (CFU/ml).

2.7.8. The contractor shall submit the final reports within 5 days of lab testing completion.

2.7.9. Comprehensive sample data shall be provided to the VA in Excel format. The Excel template will be provided to the contractor by the VA. This template is required for the VA’s upload of data to a national database. The vendor shall not alter the format and shall ensure all data fields are correctly entered to facilitate automatic upload. Any incorrect or faulty data entries or other errors preventing automatic upload shall be corrected by the contractor at no additional cost to the government.

2.8. Sampler training:

2.8.1. Contractor staff shall receive formal training pertaining to the collection, storage and shipment of Legionella and HPC samples. Training shall occur before any samples are collected under this contract and shall be renewed annually. The contractor shall submit a written document detailing the training procedure and affirming that such training has been provided before execution of sample collection.

2.8.2. Contractor shall provide annual training to designated VA staff in the collection, storage and shipment of legionella and HPC samples. Following annual training, the contractor shall deem trained VA staff competent in sample collection and processing and shall provide the VA with written documentation of the training procedure and competency evaluation.

2.8.3. For both contractor and VA water samplers, the following information shall be provided at least annually and for any new samplers prior to sample collection:

2.8.3.1. Name of Sampler

2.8.3.2. Occupation Title

2.8.3.3. Sampling Competency Training Source

2.8.3.4. Date of Training Completion

2.8.3.5. Date of Competency Evaluation

2.8.3.6. Name of individual performing competency evaluation

2.8.3.7. List of any restrictions of competence.

2.9. Sampling Schedule

2.9.1. Samples shall be drawn, tested and reported each quarter (Q) of the federal fiscal year (FY).

2.9.1.1. Q1: October 1 to December 31

2.9.1.2. Q2: January 1 to March 31

2.9.1.3. Q3: April 1 to June 30

2.9.1.4. Q4: July 1 to September 30

2.9.1.5. Due to the time sensitive nature of water sample analysis, samples shall be collected over no more than a 2-day period, starting on either a Tuesday or Wednesday. HPC samples collected in the dental clinic shall always be collected on Wednesday and shall be collected in full prior to the opening of the clinic @ 0700. All other samples may be collected during normal business hours.

2.9.1.6. Samples shall be shipped overnight daily. At no time shall samples collected on the first sampling day be retained for shipping the following day. Any samples that are not shipped on the same day and/or do not arrive at the laboratory within the permissible time shall be re-collected at no additional cost to the government. HPC samples shall arrive at the laboratory within 24 hours of collection. Legionella samples shall arrive at the laboratory within the time prescribed by the laboratory’s accreditation or in conformance with VHA Directive, whichever is more restrictive.

2.9.1.7. The sampling schedule shall be coordinated with the VA at least 3 weeks in advance of the proposed scheduled date. The contractor shall ensure adequate time is allotted to adjust their schedule based on the VA’s availability to accommodate sampling activities. The contractor is responsible for maintaining the quarterly sampling and testing frequency and deviation will not be tolerated. Any testing that fails to adhere to the quarterly frequency requirement will not be compensated.

2.10. Off-Cycle, Post Remediation or Validation or Sample Testing

2.10.1. Post remediation, validation or other off-cycle water samples will be collected by VA staff and shipped to the contactors laboratory for testing. All sample bottles and shipping materials will be provided by the contractor. The labor to collect the samples will be performed by the VA. The laboratory processing and reporting shall be completed by the contractor.

2.10.2. An annual allotment of Off-Cycle, Post Remediation or Validation samples shall be established for each service year of the contract. The quantity of samples for each type of sample is as follows. Use of the allotted samples is at the VA’s discretion and may be collected from any location or water source on campus.

2.10.2.1. Legionella Analysis- 100 legionella samples

2.10.2.2. HPC Analysis- 50 HPC samples

3. CONTRACTOR QUALIFICATIONS:

3.1. Contractor must utilize a CDC Elite laboratory for the testing of all samples.

3.2. Samplers must be employees of the contractor and not independent consultants. They must be trained and deemed competent by the contractor to collect water samples.

3.3. Contractor personnel performing service on this contract shall have all required certifications and/or licenses per requirements. The Contractor shall maintain certifications, training records of each employee and/or laboratory testing agencies performing services under this contract. The Contractor shall make all updates to certification or records for individuals and/or laboratory testing agencies available for review by the VA. The contractor shall provide a copy of the certification records and photocopy of the employee’s identification when requested by the VA.

3.4. It is the contractor’s responsibility to ensure that only properly trained and competent persons perform testing at the Fresno VA. Evidence of training shall be supplied to the VA prior to the start of work and if/when new individuals are added by the contractor to perform on this contract.

4. PLACE OF PERFORMANCE: Fresno VA Medical Center - 2615 E. Clinton Ave. Fresno, CA 93703

5. HOLIDAYS:

5.1. Legal holidays recognized by the Federal Government in accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 or any other by the President of the United States to be a national holiday, the following national holidays are observed and for the purpose of this contract is defined as “Legal Federal, official holidays” as follows:

5.1.1. Recognized Holidays

5.1.2. Hours of Operation. The hospital operated 24 hours a day, however business hours will be defined as 6:00 am to 5:00 pm from Monday thru Friday except federal holidays or when the Government facility is closed due to local or national emergencies administrative closing.

6. GENERAL REQUIREMENTS:

6.1. The contractor shall be responsible for the protection of all building floors, floor coverings, walls, wall coverings, ceilings, furniture, fixtures and equipment that may be subjected to damage while performing this contract. The contractor shall replace any damaged items with an exact matching item or a like item at the VACCHCS discretion at no cost to the government.

6.2. Work site shall be left free and clean of any water or debris after completion of work. Contractor shall be responsible for the safety of all VACCHCS employees, patients and visitors while performing contracted work, including slipping and tripping hazards.

7. GENERAL INFORMATION:

7.1. Contract Manager. The contractor shall provide a contract manager who shall be responsible for the work. The name of this person, shall be designated in writing to the VA. The contract manager or alternate shall have full authority to act for the contractor on all matters relating to this contract.

7.2. The contractor shall keep its employees trained and certified at all time during contract period. The contractor shall ensure all employee certifications are submitted to CO and COR for proper recording of training. VA has the right to inspect and request verification of licenses and certificates of during the contract period. Contractor shall update list of any changes with personnel or certificates/license and submit to COR and CO.

7.3. Removal of Contractor’s Employees. The contractor shall utilize only experienced, responsible, and capable employees in the performance of this contract. The CO may require that the contractor remove from the Government job any employee that endangers persons, property, environment, EEO policy, Hostile work environment, or federal workplace policy or violates the standards noted in this PWS.

7.4. Government Furnish Equipment. This PWS does not have any government furnish equipment. Contractor shall not use any government own equipment, material, supplies, or tools. Contractor shall furnish all requirements.

8. RECORDS: The contractor shall be responsible for creating, maintaining government required records that are specifically cited in this PWS or required by the Federal, State, and Local law and authorities. The contractor shall provide the original records or a reproducible copy of any such record upon request from the government at no additional cost. The cost of reproductions and delivery shall be the contractor’s responsibility. Only VACCHCS engineering department, COR, or CO shall have the authority to approve request and receive records. Contractor shall safeguard any and all information. Additionally, the following standard items relate to records generated in executing the contract:

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

8.2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

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

8.4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act

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

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

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

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

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

8.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

9. QUALITY CONTROL PROGRAM: The Contractor shall coordinate, report, and ensure the timely completion of the work specified in this PWS. This encompasses the planning, coordination, technical direction, and surveillance of all activities necessary to execute all work. The contractor shall submit their Quality Control plan digitally in PDF within 10 days of contract award date. The COR will review the document and note any needed clarifications and return to the Contractor for revisions, if necessary. A VA approved QAQC Plan shall be in place within 30 calendar days of the contract start date.

9.1. The contractor shall provide the overall management effort required to integrate technical and programmatic functions.

9.2. The contractor shall ensure the technical excellence, cost effectiveness, and timeliness of all required work deliverables.

9.3. The contractor shall develop and maintain an effective quality control program to ensure service is performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he/she assures that his/her work complies with the requirements of the contract. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the COR. The Government has the right to review and ask for corrections, additional items, and updates during the contract period.

10. QUALITY ASSURANCE SURVEYLANCE PLAN:

The timeliness and accuracy of the water testing data is paramount to assuring a safe patient care environment. The Contractor is expected to perform the duties indicated in this PWS in a professional manner and in accordance with all applicable regulations, directives, industry standards and general common sense. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan and PWS. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. Failure to meet the standards of this performance work statement may result in repeated sampling and testing at no cost to the government. Failure to provide services in accordance with this contract could also result in termination of the contract for cause and/or adversely impact the Contractor’s ability to be selected for future contracts as documented. Government verification inspections of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure the highest quality of service rendered. The Quality Assurance Surveillance Plan (QASP) will be issued to the awarded contractor.

11. CONTRACTING OFFICER REPRESENTATIVE:

11.1. The Contracting Officer Representative (COR) will be appointed by the Contracting Officer and will provide technical guidance and clarifications to the Contractor. Interpretation of contractual terms and/or financial matters is the responsibility of the Contracting Officer.

11.2. The COR will monitor the Contractors’ performance to assure that services provided and the standards of performance are met in accordance with this Performance Work Statement and the QAQC Plan. In accordance with FAR 52.212-4 (a) “Inspection/Acceptance” the Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of non-conforming supplies or re-work of non-conforming services at no additional cost to the Government

12. STANDARD OF CONDUT: Contractor, subcontractors, and contractor’s personnel must adhere to the contract and shall conduct themselves according to VA conduct standards.

12.1. Neglect of Duties. Contractor, subcontractors, and personnel neglect of duties shall not be condoned. This shall include but not limited to sleeping on duty, unreasonable delay or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the work site security. This can result in the termination of the contract or removal of the employee(s), which will be the decision the VA.

12.2. Disorderly Conduct. The use of abusive or offensive language, quarreling, intimidation or by works, actions, or fighting shall not be condoned. Also included is participation in disruptive activities which interfere with normal and efficient government operations. Contractor employees in violation of conduct standards or the law may be removed from federal property by the VA Police Department.

12.3. Driving. Contractor and Contractor’s employees shall obey all speed limits and traffic signs. Disobeying traffic regulation could result in court citations, which include monetary fines. Continued violations could result in being restricted from driving on VA facilities.

12.4. Parking. Contractor vehicles will be parked only in lots or areas designated by the COR, if available. The Government will not be liable for any lost, stolen, or damage vehicles or items. Contractor shall obey all distances from critical areas which are deemed by the VA or code. Continued violations could result in being restricted from driving on VA facilities.

12.5. Smoking. Smoking is prohibited on VA property. Smoking on VA property could result in citations, which include monetary fines. Continued violations could result in removal from VA facilities.

12.6. Intoxicants. The Contractor shall not allow any employee to possess, sell, consume, or be under the influence of intoxicants, drugs, or substances that produce similar effects. The use of illegal drugs is prohibited on Federal property. Violators will be prosecuted.

12.7. Posted Signs: The Contractor shall comply will all posted signs on VA property.

12.8. Criminal Actions. Contractor, subcontractor, or contractor’s employees may be sanction for criminal actions, but not limited to the following:

12.8.1. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records.

12.8.2. Unauthorized use of Government property, theft, vandalism, or immoral conduct.

12.8.3. Unethical or improper use of official authority or credentials.

12.9. Removal of Personnel. The Government reserves the right to direct the Contractor to remove any employee from the work site for failure to comply with the standards of conduct or for safety/security violations.

13. SECURITY:

13.1. Security Badge: Contractor and contractor’s employees shall obtain the necessary identification badge through the VA’s badging process. Contractor personnel working at VACCHCS facilities must consent to background checks or shall be denied access to the VACCHCS facilities. Information required to conduct a background check includes; full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire. The contractor may obtain a temporary badge from VA police dispatch on arrival to the campus while application for permanent identification badge is in progress. The VA issued identification badge shall be worn on the upper torso and be visible at all times.

13.2. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

13.3. Contractor’s Badge: Contractor, Subcontractors, employees, and representatives shall have a company badge visible at all times.

13.4. Physical Security: The contractor shall be responsible for safeguarding their equipment while on government property government. Additionally, the contractor shall be responsible for any government equipment, information and property provided for contractor use. Contractor will NOT be provided with a staging area for storage of tools, equipment, material, supplies, and other items, unless noted otherwise. The Government will not be responsible for damage or loss of contractor’s property. Contractor is responsible to safeguard its property.

13.5. OI&T Security: Office of Information and Technology (OI&T) certification and accreditation requirements do not apply for this service contract and therefore a Security Accreditation Package is not required. At no time will the vendor be in contact or have access to VA sensitive information, OI&T systems, or the VA OI&T network.

14. SAFETY:

14.1. In performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or his/her designee may determine to be reasonably necessary to protect both the lives and health of the occupants of the building and property. The Contracting Officer or his/her designee will notify the Contractor of any non-compliance. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed.

14.2. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease occurred on the VACCHCS campus. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred.

14.3. The Contractor shall provide all necessary Personal protective Equipment (PPE) and attire to personnel and require employees to use it during the performance of their duties as necessary. Employees shall be trained on the use and proper maintenance of PPE. The contractor shall conform to all regulations, federal and local OSHA standards.

14.4. Contractor shall comply with the Federal and State OSHA Blood Borne Pathogens Standard(s) and Airborne Infection Precautions. The Contractor shall ensure:

14.4.1. Methods are in place by which all employees are educated as to the risks associated with Blood Borne Pathogens and Infectious Airborne Diseases in Health Care facilities

14.4.2. Have policies and procedures in place which reduce the risk of employee exposure to Blood Borne Pathogens and Infectious Airborne Diseases

14.4.3. Have mechanisms for employee counseling and treatment following exposure to blood borne pathogens and Infectious Airborne Diseases.

14.4.4. Provide employees with appropriate personal protective equipment (PPE) and/or clothing such as gloves, caps, gowns, masks, and protective eyewear throughout the performance of this contract.

14.5. Uniforms. The contractor shall require all employees to wear distinctive uniform clothing for ready identification. The uniform shall have the Contractor’s name, easily identifiable.

14.6. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

14.7. Supervision. The contractor shall arrange for satisfactory supervision of the contract work. The Contractor or his designee shall be available at all times, when the contract work is in progress, to receive notices, reports or requires from the Contracting Officer or his representative.

15. INFECTION CONTROL:

15.1. Hand Sanitizing. Contractors staff shall sanitize their hands immediately upon entering a patient room and immediately before exiting a patient room. Sanitizing will be performed with warm water and anti-bacterial soap or hand sanitizing gel available on-site, adjacent to each patient care room.

15.2. Precautionary PPE. On occasion, the Contractor may need to enter an area with heightened infection control requirements. Contractor will assure the use of the appropriate level of PPE for the infection control concern. In the event the appropriate PPE is unclear, Contractor shall seek assistance from the COR or Medical Staff.

15.3. Tuberculin Screening

15.3.1. Contractor shall provide written certification that any Contractor employees assigned to perform work at this facility have had a tuberculin screening, resulting in a negative TB screening reaction before starting work in patient care areas. Failure to provide appropriate written certification for Contractors on-site employees may result in refusal by the Government to allow the Contractor employee to perform work at this facility and/or removal from the facility grounds. (NOTE: Both the Center for Disease Control and Prevention (CDC) two-step skin testing method or a Food and Drug Administration (FDA)-approved blood test shall be considered acceptable screening processes.

15.3.2. Contract employees manifesting positive screening reactions to the tuberculin shall be examined per current CDC guidelines prior to working on VA property.

15.3.3. Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician shall be on file with the employer (work contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

15.3.4. If the employee is found with evidence of active (infectious) pulmonary TB, the employee shall receive treatment before being allowed to return to work on VA property. The Contractor shall have available for review by the Contracting Officer a subsequent statement from a physician noting that the employee is no longer infectious.

16. INVOICING: Contractor shall invoice in quarterly increments or as established by the Contracting Officer in arears for work performed. Invoices will not be paid until all required deliverables have been received during the billing period. Invoices shall be submitted to the COR for review and approval prior to submission to Tungsten. Invoicing shall reflect the CLIN unit pricing for samples collected and testing in a subject billing period

16.1. All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

16.2. VA’s Electronic Invoice Presentment and Payment System- The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submissions. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

16.3. More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

16.4. Vendor e-Invoice Set-Up Information:

16.5. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e- invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

16.5.1. Tungsten e-Invoice Setup Information: 1-877-489-6135

16.5.2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

16.5.3. FSC e-Invoice Contact Information: 1-877-353-9791

16.5.4. FSC e-invoice email: vafsccshd@va.gov

17. ATTACHMENTS:

17.1. Attachment A: Quarterly Water Sampling Locations for Legionella

17.2. Attachments B1, B2 and B3: Sample Formal Testing Reports (attached separately)

ATTACHEMENT A

Quarterly Water Sampling Locations for Legionella

1 hemodialysis water connection 1 ice machine (5B3B-1)

1 hemodialysis water connection 2 sink outlets within patient rooms 1 ice machine (Nurse Station in corridor 5B-3)

1 hemodialysis water connection 2 sink outlets within patient rooms 2 sink outlets within patient restrooms 1 ice machine

2 sink outlets within patient restrooms 1 ice machine (6A30C-1)

Total

1 shower outlet (B1C19.1-1) 1 shower outlet (B1C44-1) 1 sink outlet restroom B1C26 (Public Rest Room) 1 sink outlet restroom B1C27 (Public Rest Room) 1 sink outlet at Nurse’s station 1 ice machine (B1C21-1)

1 sink outlet within patient restroom (3C17J.1-1)

Total

1 ice machine 1 sink outlet in kitchenette 1 sink outlet in laundry room 4 sink outlets in patient restrooms

1 ice machine 1 sink outlet in kitchenette 1 sink outlet in laundry room 4 sink outlets in patient restrooms

Total

2 sink outlets within patient restroom

2 sink outlets within patient rooms 2 sink outlets within patient restrooms 2 shower heads within patient rooms

2 sink outlets within patient restrooms 2 shower heads within patient rooms 1 ice machine (1C01-31)

Total

1 supply line 1 return line

1 supply line 1 return line

Total

Quarterly Legionella Total

36C26126Q0131

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.