Attachment 1 Water testing PHLrev SOW final11-10.docx

Performance Work Statement (PWS) Corporal Michael J Crescenz Veterans Affair Medical Center (CMCVAMC) Water Testing Contract

1.0 General Intent: The Department of Veterans Affairs in Philadelphia, PA has a requirement for the collection and testing of potable and medical use water.

2.0 Objective: The purpose of this service contract is to be compliant with the most current versions of the following:

2.1 International Standards Organization (ISO) 11133:2014 for water testing

2.2 Centers for Disease Control (CDC) water sampling protocol

2.3 American Dental Association (ADA)

2.4 Association for the Advancement of Medical Instrumentation (AAMI)

2.4.1 AAMI TIR 34

2.4.2 Memorandum 2020-08-28 Required critical water systems for testing and report for Sterile Processing Services (SPS)

2.4.3 ANSI/AAMI ST 79

2.5 Environmental Protection Agency (EPA)

2.6 Safe Drinking Water Act (SDWA)

2.7 VHA Directive 1061, Prevention of Healthcare Associated Legionella Disease

3.0 Scope

3.1 Testing

3.1.1 Hospital Legionella Testing

3.1.1.1 Contractor will sample total (7) locations at Snyder House.

3.1.1.1.1 (1) samples each (hot and cold), 2nd floor patient rooms (inclusive of showers and sinks)

3.1.1.1.2 (1) samples each (hot and cold), 3rd floor patient rooms (inclusive of showers and sinks)

3.1.1.1.3 (2) Samples from 1st floor kitchen ice machine (one sample of ice and one of water which the ice machine dispenses)

3.1.1.1.4 (1) Samples each (hot and cold) from 1st floor kitchen or ADL rooms (inclusive of sinks)

3.1.1.2 Contractor will sample total (26) locations at the Community Living Center (CLC), Building 30.

3.1.1.2.1 (3) samples each (hot and cold) on Unit 1B patient rooms (inclusive of showers and sinks)

3.1.1.2.2 (3) Samples each (hot and cold) in Unit 1C patient rooms (inclusive of showers and sinks)

3.1.1.2.3 (3) Samples each (hot and cold) in Unit 2B patient rooms (inclusive of showers and sinks)

3.1.1.2.4 (3) Samples each (hot and cold) in Unit 2C patient rooms (inclusive of showers and sinks)

3.1.1.2.5 (4) samples from ice machines in patient units B and/or C (2 samples per ice machine, one ice and the other water that the ice machine dispenses)

3.1.1.3 Contractor will sample total (50) samples at the Main Hospital, Building 1

3.1.1.3.1 (4) samples each (hot and cold), 5 East - patient rooms (inclusive of showers and sinks)

3.1.1.3.2 (4) samples each (hot and cold), 5 West - patient rooms (inclusive of showers and sinks)

3.1.1.3.3 (4) samples each (hot and cold), 6 East - patient rooms (inclusive of showers and sinks)

3.1.1.3.4 (4) samples each (hot and cold), 6 West - patient rooms (inclusive of showers and sinks)

3.1.1.3.5 (1) sample each (hot and cold), 5 South - patient rooms (inclusive of showers, sinks)

3.1.1.3.6 (1) sample each (hot and cold), 6 South - patient rooms (inclusive of showers, sinks)

3.1.1.3.7 (8) samples from ice machines: any unit in 5 East, 5 West, 6 East, 6 West, 5 South, 6 South, 7 East, or 7 West (2 samples per ice machine, one ice and the other water that the ice machine dispenses)

3.1.1.3.8 (1) sample each (hot and cold), 7 East - patient rooms (inclusive of showers and sinks)

3.1.1.3.9 (1) sample each (hot and cold), 7 West - patient rooms (inclusive of showers and sinks)

3.1.1.3.10 (1) sample each (hot and cold), 4th Floor Sleep lab (inclusive of showers and sinks)

3.1.1.4 Contractor will sample total (36) samples at the Main Hospital, Building 2

3.1.1.4.1 (4) samples each (hot and cold), MICU, 8th floor – patient rooms (inclusive of showers and sinks)

3.1.1.4.2 (4) samples each (hot and cold), SICU, 5th Floor - patient rooms - hot and cold (inclusive of showers and sinks)

3.1.1.4.3 (4) samples each (hot and cold), PACU (inclusive of showers and sinks)

3.1.1.4.4 (4) samples each (hot and cold), Emergency Department (ED) (inclusive of showers, sinks)

3.1.1.4.5 (4) samples total from ice machines in any of these units: MICU, SICU, PACU, or ED (2 samples per ice machine, one ice and the other water that the ice machine dispenses)

3.1.1.5 Bottle Filling Stations at Main Hospital

3.1.1.5.1 (4) samples total from bottle filling stations/water fountains in Building 1 and/or 2

3.1.2 Cooling Tower / Chiller Sampling:

3.1.2.1 The contractor shall collect water samples from the following Cooling Towers / Chillers for Legionella on a quarterly basis or as noted in paragraph 3.2. Samples must be taken from the supply to the chiller, the return from the chiller, and the sump/basin of the cooling tower.

3.1.2.1.1 Bldg. 30, Community Living Center, (2) Cooling Towers / (2) Chillers (share a header)

3.1.2.1.2 Bldg. 21, Research, (1) Cooling Tower / (1) Chiller

3.1.2.1.3 Bldg. 31, Chiller Plant, (4) Cooling Towers / (4) Chillers

3.1.2.2 Additionally, For Heterotrophic Plate Count (HPC) Sampling

3.1.2.2.1 Samples must be taken from the supply to the chiller, the return from the chiller, and the sump/basin of the cooling tower.

3.1.2.3 See Diagram in 8.0 for testing locations.

3.1.3 Dental Chair Heterotrophic Plate Count Sampling:

3.1.3.1 The contractor shall collect water samples for testing from the twelve (12) dental chair waterlines.

3.1.3.2 There are ten (10) dental chairs located on third floor, Building # 1 3900 Baltimore Ave Philadelphia PA 19104.

3.1.3.3 There are two (2) dental chairs located on first floor Building # 30 CLC, 400 Civic Center Blvd., Philadelphia, PA 19104.

3.1.4 Sterile Processing Service (SPS) Water Testing:

3.1.4.1 Contractor shall test (3) sinks in Main Decontamination Room B2A109

3.1.4.2 Contractor shall test (2) sinks in the Scope decontamination room B2A113C—the Deionized Water (DI) water only

3.1.5 Backflow Preventers

3.1.5.1 (3) Samples total, (2) located at 3900 Woodland Avenue ((1) outside of A gate and (1) by Building 3) and (1) located at 400 Civic Center Blvd.

3.2 Testing Intervals

3.2.1 Legionella Testing

3.2.1.1 On a quarterly testing cycle, contractor shall collect water samples for testing from the cold and hot-water potable distribution system from Buildings (1, 2, and 30).

3.2.2.1 For Cooling Towers, testing shall occur at least every 90 days (while in operation).

3.2.2.1.1 Samples shall be collected 7 days from startup of a Cooling Tower.

3.2.2 Cooling Tower HPC Testing

3.2.2.1 Biweekly (once every two weeks) HPC testing is required (when tower is operational) and immediately after startup.

3.2.2.2 HPC testing is required immediately after startup

3.2.3 Dental Chair Heterotrophic Plate Count Sampling

3.2.3.1 Contractor develop a monthly schedule to ensure each chair and its associated equipment is tested every (3) months.

3.2.3.2 Generally, testing is to occur every third Thursday of the month at noon the exception to this would be if a holiday falls on that Thursday, the testing will then fall on the next business day when sample testing is allowable (Contractor to coordinate with COR).

3.2.3.3 The contractor will draw samples for laboratory analysis between the hours of 12:00 PM and 1:00 PM or prior to 8:00 AM under the supervision of VA Medical Facility Support Personnel.

3.2.3.4 Actual date and chairs to be sampled and tested will be given to the contractor in advance depending on dental workload.

3.2.4 Sterile Processing Service (SPS) Water Testing:

3.2.4.1 Samples are generally to be scheduled on the first Monday of the month at 8 AM unless this day falls on a holiday the testing will then fall on the next business day when sample testing is allowable (Contractor to coordinate with COR).

3.2.4.1.1 Monthly - Contractor shall test (3) sinks in Main Decontamination Room B2A109 and (2) sinks in the Scope decontamination room B2A113C—the Deionized Water (DI) water only.

3.2.4.1.2 Annually - Contractor shall test (3) sinks in Main Decontamination Room B2A109 and (2) sinks in the Scope decontamination room B2A113C—the Deionized Water (DI) water only.

3.2.4.1.3 Also, testing is required on installation, modification, or repair of the Critical Water treatment system or when persistent increased microbial levels are detected by heterotrophic plate count, ATP, or TOC.

3.2.5 Backflow Preventers

3.2.5.1 Testing shall be conducted annually

3.3 Testing Requirements

3.3.1 Legionella Testing

3.3.1.1 Contractor to comply with VHA Directive 1061, Prevention of Healthcare Associated Legionella Disease and Scale Injury from Potable Water Distribution Systems and that all tests have been performed in accordance with the testing criteria established under the CDC Elite Program.

3.3.1.2 Rapid testing methods, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA), are not an accepted method under this contract for the detection of Legionella in environmental water samples.

3.3.1.3 Contractor shall provide all items necessary for proper collection and shipment of samples, to include, but not limited to, all collection bottles, shipping containers, labels, and ice packs.

3.3.1.4 Samples shall be shipped via overnight shipping on the same day they are collected.

3.3.1.5 Use CDC guidelines for water sample collection and shipping. Testing shall be performed within 24 hours of collection.

3.3.1.6 The contractor shall collect water samples for testing from the cold and hot-water potable distribution system from Buildings (1, 2, and 30).

3.3.1.6 No test location shall be repeated in (2) subsequent quarterly tests.

3.3.1.7 At least two samples from a pure cold-water source (e.g. ice machine), and if available two pure hot (no mixing valve present)

3.3.1.8 Contractor shall measure corresponding temperature, pH, and biocide level at each test location

3.3.1.9 First draw shall be for Legionella. Sample shall be collected immediately after opening the outlet without flushing water first.

3.3.1.10 Second draw shall be for biocide. After taking the sample for Legionella testing, collect the next immediate water sample (i.e. no flushing) to take the biocide residual reading.

3.3.1.11 Third draw shall be for temperature and pH. After taking the sample for the biocide reading, run the water for 60 seconds. Collect a water sample to measure water temperature and pH.

3.3.1.12 Volume is required to be at minimum 250 mL for each sample.

3.3.1.13 Several sample bottles of ice may be needed to ensure there is 250 mL once the ice is melted.

3.3.1.17 For cooling towers/chillers: Samples must be taken from each basin/sump, the supply to the chiller, and the return from the chiller.

3.3.1.17.1 If the cooling towers are on a common header, only one sample is required.

3.3.2 Cooling Tower HPC Testing

3.3.2.1 Biweekly (once every two weeks) testing is required (when tower is operational) and immediately after startup.

3.3.2.1.1 Method of analysis for total bacteria (HPC) shall be dip slides.

3.3.2.1.2 Sample size is to be 100 mL.

3.3.3 Dental Chair Heterotrophic Plate Count Sampling

3.3.3.1 Contractor shall analyze Dental Clinic water samples received using EPA-approved analytical water testing procedures.

3.3.3.2 Test each line separately.

3.3.3.3 Remove all handpieces and any other equipment reprocessed by Sterile Processing Services (SPS) before drawing samples from the lines.

3.3.3.4 Air-water syringe tips should be removed.

3.3.3.4.1 The air-syringe, if not changed between patients (example if barrier and disinfection is accomplished by dental personnel), should remain on the line while drawing the sample.

3.3.3.5 The following may be testing if applicable:

3.3.3.5.1 Air/Water Syringes

3.3.3.5.2 High and Low speed handpieces

3.3.3.5.3 Drinking cup water supply

3.3.3.5.4 Plug-in water supply port

3.3.3.5.5 Ultrasonic supply

3.3.3.5.6 Implant supply

3.3.3.5.7 Cavitron

3.3.3.5.8 Bowl

3.3.3.5.9 Dental chair sink

3.3.4 Sterile Processing Service (SPS) Water Testing:

3.3.4.1 The contractor shall test in accordance with AAMI TIR34.

3.3.4.2 Monthly Testing:

3.3.4.2.1 Samples are to be taken after the POU (point of use) filters.

3.3.4.2.2 Samples to test for the following:

3.3.4.2.2.1 Bacteria - Heterotrophic Plate Count (HPC) (CFU/mL)

3.3.4.2.2.2 Total Organic Carbon (mg/L or ppm)

3.3.4.2.2.3 pH (pH units)

3.3.4.3 Annual Testing:

3.3.4.3.1 Samples are to be taken after the POU (point of use) filters.

3.3.4.3.2 Samples to test for the following:

3.3.4.3.2.1 Hardness (mg/L or ppm)

3.3.4.3.2.2 Conductivity

3.3.4.3.2.3 Chlorides (mg/L or ppm)

3.3.4.3.2.4 Iron (mg/L or ppm)

3.3.4.2.3.5 Copper (mg/L or ppm)

3.3.4.2.3.6 Manganese (mg/L or ppm)

3.3.4.2.3.7 Endotoxins (LAL Test) – (EU/mL)

3.3.4.4 Also, to be tested on installation, modification, or repair of the Critical Water treatment system or when persistent increased microbial levels are detected by heterotrophic plate count, ATP, or TOC

3.3.5 Backflow Preventers

3.3.5.1 Testing shall be in accordance with AAMI TIR34, table 6.

3.3.5.2 Contractor shall test:

3.3.5.2.1 Hardness (mg/L or ppm)

3.3.5.2.2 Conductivity

3.3.5.2.3 pH (pH units)

3.3.5.2.4 Chlorides (mg/L or ppm)

3.3.5.2.5 Iron (mg/L or ppm)

3.3.5.2.6 Copper (mg/L or ppm)

3.3.5.2.7 Manganese (mg/L or ppm)

3.3.5.2.8 TOC (mg/L or ppm)

3.3.5.2.9 Chlorine (mg/L or ppm)

3.4 Retesting

3.4.1 In the event that retesting is required, the contractor must be available to draw samples and begin retesting within 48 hours of notification.

3.4.2 Retesting is at the discretion of the COR and will be based on accurate findings at the same rate as the initial test.

3.4.3 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

3.4.4 Site visit numbers below are not guaranteed and are provided as estimates only. Pricing should be based on the number of tests potentially required and not based on the ability to group multiple retests together thereby eliminating multiple trips.

3.4.5 Legionella Testing: The best estimate is for an additional (90) samples and (18) additional site visits by the contractor to perform these retests.

3.4.6 Cooling Tower HPC Testing: The best estimate is for an additional (90) samples and (18) additional site visits by the contractor to perform these retests.

3.4.7 Dental Chair Heterotrophic Plate Count Sampling: The best estimate is for an additional (21) samples and (7) additional site visits by the contractor to perform these retests.

3.4.8 Sterile Processing Service (SPS) Water Testing: The best estimate is for an additional (32) samples and (8) additional site visits by the contractor to perform these retests.

3.4.9 Backflow Preventers: The best estimate is for an additional (5) samples and (1) additional site visit by the contractor to perform these retests.

3.5 Reporting The contractor is required to provide certified testing results to the Contracting Officer's Representative (COR) within 24 hours of test completion.

3.5.1 Chain of Custody see 3.5.2

3.5.1 Reporting Requirements

3.5.1.1 Legionella Testing Reports

3.5.1.1.1 All reports to be submitted to COR within 24 hours of final test from the lab. Reports shall be submitted electronically to COR.

3.5.1.1.2 Reports for VAMC Buildings 1, 20, and 30 may be combined on the same report. Legionella reports for Cooling Towers and Snyder House should be separate.

3.5.1.1.3 Reports shall be submitted in pdf form.

3.5.1.1.4 Provide updated spreadsheet documenting progressive sampling.

3.5.1.1.4.1 Spreadsheet shall reflect each fixture test results required per statement of work. The date of the test will be inclusive on each line item.

3.5.1.1.4.2 This spreadsheet shall be sent electronically in excel format with each submission

3.5.1.1.5 At the time of sampling, the contractor shall test and document the following for each sample:

3.5.1.1.5.1 Date and time of sample draw, date when sample received by lab, and date of sample analysis

3.5.1.1.5.11 Site Address

3.5.1.1.5.2 Name of person collecting sample

3.5.1.1.5.3 Laboratory and person responsible for performing analysis

3.5.1.1.3.4 Sample Number

3.5.1.1.5.5 Building Number

3.5.1.1.5.6 Floor number

3.5.1.1.5.7 Room Number

3.5.1.1.5.8 Source of Sample (fixture type)

3.5.1.1.5.9 Indicate if sample taken is to fulfill hot or cold requirement

3.5.1.1.5.9.1 Before or after mixing valve (or no mixing valve present)

3.5.1.1.5.10 Volume of sample drawn in mL

3.5.1.1.5.11 Actual Temperature of Water Sample

3.5.1.1.5.12 Level of residual biocide

3.5.1.1.5.13 pH

3.5.1.1.5.14 Level colony forming units

3.5.1.1.5.14.1 If applicable, Legionella pneumophila serogroup

3.5.1.1.5.15 Compliance – indicate if each test meets standards, as defined in VHA 1061

3.5.1.1.5.16 Submit Chain of Custody report with report.

3.5.1.1.5.17 Submit lab accreditation with each report

3.5.1.1.5.18 Each report will be a standalone report from those required under this contract.

3.5.1.2 Cooling Tower HPC Reports shall include:

3.5.1.2.1 Site Address

3.5.1.2.2 Sample Date

3.5.1.2.3 Sample Received by Lab Date

3.5.1.2.4 Sample Analysis Date

3.5.1.2.5 Name of Analyst

3.5.1.2.6 Name of Laboratory

3.5.1.2.7 Sample Number

3.5.1.2.8 Sample Location

3.5.1.2.8.1 Building Number

3.5.1.2.8.2 Source (Cooling tower/Basin)

3.5.1.2.8.3 Location of Sample (Supply, Return, Basin/Sump)

3.5.1.2.9 Results (CFU/mL)

3.5.1.2.10 VHA Engineering Standard Level (1-3)

3.5.1.3 Dental Chair Heterotrophic Plate Count Sampling

3.5.1.3.1 The laboratory will provide a report indicating the analytical results for each sample submitted.

3.5.1.3.2 Test results shall be provided in pdf form.

3.5.1.3.3 At the time of sampling, the contractor shall provide the following:

3.5.1.3.3.1 Site Address

3.5.1.3.3.2 Name of person collecting sample

3.5.1.3.3.3 Date and time of sample collection

3.5.1.3.3.4 Identification of the sample (sample number)

3.5.1.3.3.5 Location of where the sample is taken including building number, room number and description (Handpiece, Cup, Doctor AWS, Assistant AWS, etc.)

3.5.1.3.3.6 Date Sample received by lab

3.5.1.3.3.7 Date of analysis

3.5.1.3.3.8 Laboratory and person responsible for performing analysis

3.5.1.3.3.9 Analytical technique/method used

3.5.1.3.3.10 Results of analysis (CFU/mL)

3.5.1.3.3.11 Building number, room number, and chair number

3.5.1.3.3.12 Volume of sample drawn

3.5.1.3.3.13Level colony forming units

3.5.1.3.4 Submit Chain of Custody report with report

3.5.1.3.5 This report will be a standalone report form those required under this contract.

3.5.1.4 Sterile Processing Service (SPS) Water Testing:

3.5.1.4.1 At the time of sampling, the contractor shall provide the following:

3.5.1.4.1.1 Site Address

3.5.1.4.1.2 Date and time of sample draw

3.5.1.4.1.3 Date sample received by lab

3.5.1.4.1.4 Name of person collecting sample

3.5.1.4.1.5 Laboratory and person responsible for performing analysis

3.5.1.4.1.6 Date of Sample Analysis

3.5.1.4.1.7 Sample number

3.5.1.4.1.8 Room number

3.5.1.4.1.9 Sink Number

3.5.1.4.1.10 Sample results provided using:

3.5.1.4.1.10.1 pH in pH units

3.5.1.4.1.10.2 Bacteria (CFU/mL)

3.5.1.4.1.10.3 TOC (mg/L)

3.5.1.4.1.11 Compliance – indicate if each test meets standards

3.5.1.4.2 Submit Chain of Custody report with report

3.5.1.4.3This report will be a standalone report from others required under this contract.

3.5.1.5 Backflow Preventers

3.5.1.5.1 At the time of sampling, the contractor shall provide the following:

3.5.1.5.1.1 Site Address

3.5.1.5.1.2 Date and time of sample draw

3.5.1.5.1.3 Name of person collecting sample

3.5.1.5.1.4 Date sample received by lab

3.5.1.5.1.5 Laboratory and person responsible for performing analysis

3.5.1.5.1.6 Date of analysis

3.5.1.5.1.7 Sample number

3.5.1.5.1.8 Sample location and description

3.5.1.5.1.9 Sample results provided in:

3.5.1.5.1.9.1 Copper (ppm)

3.5.1.5.1.9.2 Iron (ppm)

3.5.1.5.1.9.3 Manganese (ppm)

3.5.1.5.1.9.4 Chloride (mg/L)

3.5.1.5.1.9.5 Hardness (mg/L)

3.5.1.5.1.9.6 TOC (mg/L)

3.5.1.5.1.9.7 Chlorine (mg/L)

3.5.1.5.1.9.8 Conductivity (us/cm)

3.5.1.5.1.9.9 pH (pH units)

3.5.1.5.2 Compliance – indicate if each test meets standards

3.5.1.5.3 Submit Chain of Custody report with report

3.5.1.5.4 This report will be a standalone report from others required under this contract.

4.0 Emergency Services and other tests: Retesting is covered under 3.4 and may be subject to separate task order when required.

5.0 Qualifications

5.1 The contractor must be CDC ELITE Certified for the handling and testing of Legionella bacteria in water supply system.

5.2 Laboratories that process the water samples for Legionella must 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.

5.2.1 The ELITE Laboratories must also be able to determine if the Legionella detected in environmental samples is the species Legionella pneumophila serogroup 1-14 (and differentiate between them), and non-pneumophila species).

5.3 The laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body, such as Environmental Microbiology Laboratory Accreditation Program (EMLAP), National Environmental Laboratory Accreditation Program (NELAP)

5.4 Waterline testing is to be accomplished by a laboratory certified (by EPA or PADEP) to perform environmental testing.

6.0 Other General information

6.1 Hours of Operation

6.1.1 Work required in the performance of this contract shall be conducted during the hours as outlined below:

6.1.1.1 Regular administrative working hours, 7:30 AM- 4:00 PM.

6.1.1.2 Testing shall take place during the hours mentioned in 6.1.1.1 unless otherwise specified elsewhere in this document.

6.2 Coordination

6.2.1 The Contractor shall provide to COR cellular numbers of superintendent, in order to summon assistance in case an emergency develops.

6.2.1.1 This information shall be provided in writing to the COR, at the contract commencement.

6.2.2 Contractor shall coordinate with COR prior to each sampling event to verify sampling time is acceptable for the Dental Clinic.

6.2.2.1 Contractor shall provide estimate time to COR two weeks prior to ensure enough time is provided for validation of testing time with Dental Clinic.

6.3 Place of Performance

6.3.1 Main Hospital

3900 Woodland Avenue Philadelphia, PA 19104 Description: Provides inpatient and outpatient services for veterans in areas: Emergency Department, Operating Rooms, Intensive Care Unit, Step down Units, Inpatient Units, Outpatient Clinics, Mental Health Services (inpatient/outpatient services), Food delivery, Education, Research, Utility Building, and Parking Garages.

6.3.2 Community Living Center

3461 Civic Center Blvd Building 30 Philadelphia, PA 19104 Description: Houses full-time residents in a nursing home setting and administration functions.

6.3.3 Snyder House

1425 Snyder Avenue Philadelphia, PA 19145 Description: Outpatient behavioral health.

6.4 Records Management Language for Contracts

6.4.1 When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

This language should not replace specific records management requirements included within Federal information system contracts.

6.4.2 RECORDS MANAGEMENT OBLIGATIONS

6.4.2.1 Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

6.4.2.2 Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

6.4.3 Requirements

6.4.3.1 Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

6.4.3.2 In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

6.4.3.3 In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

6.4.3.4 VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

6.4.3.5 The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6.4.3.6 The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

6.4.3.7 The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

6.4.3.8 The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

6.4.3.9 The 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 from public disclosure by an exemption to the Freedom of Information Act.

6.4.3.10 The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

6.4.3.11 Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

6.5 Security

6.5.1 Contractor’s employees must have identifiable information on their uniform, clothing or company badge to include their name and company’s logo at a minimum.

6.5.2 Contractor may not have access to the VA network or any VA sensitive information under this contract.

6.5.3 Upon arrival at the station, the Contractor shall check in with COR or designee so that the VAMC will be aware of the Contractor’s presence at the facility at all times.

6.5.4 Contractor is not allowed to park onsite.

6.6 Contractor/Government Furnished Equipment, Materials and Information: N/A

6.7 Safety

6.7.1 The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

6.7.2 In performance of this contract, the Contractor shall follow CMCVAMC safety policies and standards for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.

6.7.3 Contractor is responsible for the supervision of all the employees while on government property.

6.7.4 CMCVAMC is a non-smoking facility.

6.7.5 Prior to the commencement of the contract, the contractor shall submit to the COR, the Material Safety Data Sheets (MSDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract.

6.7.5.1 The contractor shall maintain a copy of all MSDS at the chemical storage site in a location accessible to CMCVAMC personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

6.7.6 The contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract.

6.7.7 The Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required performing the work.

6.7.8 Training on required safety programs and the proper use of PPE’s shall be provided by the contractor, and documentation maintained by the contractor.

6.7.9 Injury or Accident

6.7.9.1 Contractor shall submit to COR a written report to the CMCVAMC within five work (5) days of any incident of a major malfunction, accident or injury involving a contract employee or CMCVAMC system.

6.7.9.2 The report shall state the cause of event. Report shall state what repairs are required to correct the cause of the incident.

6.7.10 Medical Surveillance

6.7.10.1 For Tuberculosis - Review of all contract worker Tuberculosis (TB) screening requirements and options (reference VHA Directive 2011-036 Safety and Health during Construction). Contractor is required to annual certify all Contractors working on VAPHS have documented screening for latent Tuberculosis within the last 12 months and every 12 months thereafter while working in this medical center. If screening for latent Tuberculosis is positive, clearance from a physician is required prior to working at VAPHS. The Contractor shall also be notified that anyone failing to meet these requirements is not permitted to work onsite and/or may be removed at any time without notice until these requirements are met. Provide evidence to respective COR

6.7.10.2 For Influenza - Per VHA Directive 1192.01, Seasonal Influenza Vaccination Program, all Contractors working at VAPHS are required to show documentation of annual seasonal Influenza vaccination. Provide evidence to respective Contracting Officer Representative.

6.8 Special Invoicing Instructions:

6.8.1 Invoices shall indicate designate each system, building, and date(s) work was performed.

7.0 Attachments: None

8.0 Diagrams

9.0 Task Orders

9.1 All worked performed under this contract shall only be performed by the contractor via Government issued task orders award against the base contract.

9.2 The Task Order will include the line items, quantities and associated pricing. All pricing shall be determined directly from the base contract Pricing Schedule.

9.3 The Task Order will include the location of the work, and an effective start and ending dates for the period of performance.

9.4 Invoices will be paid upon satisfactory completion of all project-specific tasks, requirements, and acceptance. Individual purchase order numbers will be issued on each task order for invoicing purposes.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

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