Backflow Testing and Repair PWS.docx

Performance Work Statement (PWS) Backflow Prevention Testing and Maintenance Veteran’s Affairs Palo Alto Health Care System

1 GENERAL

1.0 GENERAL INTENTION AND REQUIREMENTS

A. This Performance Work Statement (PWS) is to obtain testing, certification, repair, and replacement services for backflow prevention assemblies at the Veterans Affairs Palo Alto Health Care System (VAPAHCS), referred to as the Government.

B. The Contractor shall provide management, supervision, labor, parts, material, tools, incidental engineering services, and transportation necessary to perform testing, certifying, repairing, and entire assembly replacing to keep the backflow assemblies operating as originally specified by the equipment manufacturer and/or as modified when a deviation is required. Modifications to perform deviations require written consent of the Government’s Contracting Officers Representative (COR) or COR designee.

C. The contractor shall be licensed, bonded, and insured in the state of California. Contractor shall possess the correct California Contractor license classifications to perform backflow inspections and repairs in the State of California. The contractor shall provide to the CO/COR their American Water Works Association (A.W.W.A) certified tester certificates for all individuals engaged in the testing /repair of backflow devices.

D. Work for this contract is required at five separate VAPAHCS locations. The locations are Palo Alto VA Medical Center, Livermore VA Medical Center, Menlo Park VA Medical Center, VA Mountain View HR, and Sunnyvale VA Research.

Palo Alto VA Medical Center 3801 Miranda Ave.

Palo Alto, CA 9430 Livermore VA Medical Center 4951 Arroyo Rd.

Livermore, CA 94550 Menlo Park VA Medical Center 795 Willow Rd.

Menlo Park, CA 94025

VA Mountain View HR 1776 Old Middlefield Way Mountain View, CA 94043 Sunnyvale VA Research 1080 Innovation Way Sunnyvale, CA 94089

E. The Contractor shall be responsible for all costs associated with accomplishing repairs and replacements including labor, equipment, and supplies for all equipment and systems specified in this PWS. Specified exclusions or referenced biddable repair work are referenced within this PWS under sections 2.1 through 2.3.

F. For this contract, the standard operating hours or duty hours are the hours between 8:00 AM to 4:30 PM Monday through Friday, except Federal Holidays, or 40 working hours per week.

1.1 CODES AND STANDARDS

A. Publications listed below form a part of this Contract. Backflow preventers shall meet the requirements of current code editions published, all manufacturer guidelines, Veteran’s Affairs (VA) memorandums, and industry standards, as applicable, and in the case of conflicting standards the most stringent shall apply.

1. International Plumbing Code

2. NFPA 13: Standard for the Installation of Sprinkler Systems

3. NFPA 14: Standard for the Installation of Standpipe and Hose Systems

4. NFPA 25: Standard for Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems

5. NFPA 99: Health Care Facilities Code

6. NFPA 496: Standard for Purged and Pressurized Enclosures for Electrical Equipment

7. Local Codes: Palo Alto, Mountain View, Sonora, Sunnyvale, Livermore, Menlo Park, and San Jose.

8. California State Water Resources Control Board

1.2 DEFINITIONS/ACRONYMS

ANSI – American National Standards Institute CONTRACTOR – General Contractor and Subcontractors CO – Contracting Officer COR – Contracting Officer’s Representative FAR – Federal Acquisition Regulation MSDS – Material Safety Data Sheet provided by Contractor NFPA – National Fire Protection Association NTP – Notice to Proceed OSHA – Occupational Safety and Health Administration PO – Purchase Order issued by the CO/COR PPE – Personal Protective Equipment QASP – Quality Assurance Surveillance Program VA – United States Department of Veterans Affairs VAPAHCS – Veterans Affairs Palo Alto Health Care System PWS – Performance Work Statement CA-NV AWWA – California-Nevada Section of American Water Works Association ABPA – American Backflow Prevention Association

1.3 EXCLUSIONS

A. Equipment, components, and parts not installed under this Contract shall not be removed, replaced, or deficiencies corrected while still under the manufacturers or installer’s warranty, without prior approval of the COR.

B. Installation of new attachments recommended or required by inspectors, insurance agencies or VA/Government Authorities.

C. The CO/COR must approve, in advance, all repairs not covered under this Contract. The Contractor shall prepare an estimate of parts, labor, transportation, and shipping costs for review prior to performing the repairs. If approved, CO/COR shall issue a Modification (MOD) in advance of undertaking such work. No invoice will be paid without prior approval and specific MOD issued in advance of work.

1.4 GOVERNMENT FURNISHED PROPERTY, MATERIALS, AND SERVICES

A. The Government will not provide tools or equipment to the Contractor. The Contractor shall furnish all tools required for the performance of this Contract.

B. The Government will not provide any materials to the Contractor.

C. The Government will furnish the following services at existing outlets, for use in those facilities provided by the Government and as required for the work to be performed under this Contract: electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points).

D. Disposal of equipment and construction debris is the responsibility of the Contractor.

1.5 CONTRACTOR REQUIREMENTS

A. The Contractor is currently engaged in maintenance, repair, testing, and certification of backflow preventors. The Contractor shall have a minimum of five (5) years within the last seven (7) years of successful experience with testing, certifying, repairing, and replacing of backflow assemblies in all locations found in section 1.0.D. Offerors shall submit references for the five (5) years of experience including names, addresses, and telephone numbers of specific companies and key personnel to contacting office.

B. The test must be performed by a certified backflow tester that is on the current approved list from each county location listed in 1.0.D. Evidence of certification from the California Nevada Section of the American Water Works Association or the American Backflow Prevention Association along with current backflow test gage calibrations shall be provided prior to commencing tests.

C. The Contractor shall provide a Contract Manager who shall be responsible for performance of the contract work. Name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to contract start date. Changes to personnel shall be submitted to the Government within five (5) workdays of the changes. The Contract Manager or alternate shall have full authority to act on contract matters relating to daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COR, within 24 hours of request during normal operating hours and or within the next business day.

D. Offerors shall show evidence of their reliability, ability, and experience by furnishing:

1. Backflow Preventor Service Resume, Training Certifications, and California Plumbing Contracting Licenses.

2. A list of personnel who will perform under the contract, showing the length and type of experience of personnel who will service the facility and proof of certification from either CA-NV AWWA or ABPA.

E. The selection, assignment, and management of Contractor’s employees is the responsibility of the Contractor. The Contactor shall not employ any individual identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the VAPAHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

F. Contractor shall have a C-36 Plumbing Contractors License from the State of California or equivalent state license. Per California Code of Regulations; Title 16; Division 8; Article 3, Classifications.

G. Contractor service, certification, replacement, and repair personnel shall be of Journey level experience along with all all-other referenced training, certification, an experience within paragraph 1.5. Staffing information shall be submitted as referenced in section 1.5.D(2) and updated at least annually or whenever changes are made to the operations staff.

1.6 BACKGROUND CHECKS AND IDENTIFICATION BADGES

A. Contractor and subcontractor personnel working on VAPAHCS facilities must consent to background checks or shall be denied access to the VAPAHCS 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.

B. 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.

C. Department of Veterans Affairs regulations requires Contractor employees to obtain a VAPAHCS issued Identification Badge and have always it clearly visible on personnel on VAPAHCS facilities. ID badges shall be issued by the VAPAHCS security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a VAPAHCS issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to COR within 3 working days.

2 MAINTENANCE SERVICES

2.0 EXISTING DEFICIENCIES

A. Immediately after contract award and no later than 30-days thereafter, the Contractor and the Government shall conduct a thorough inspection of all backflow preventers and develop a list of existing deficiencies and required corrective actions. Any work listed on this survey will NOT be the responsibility of the Contractor under the terms of this Contract. The Government will work with the Contractor on developing a cost proposal and plan for making identified corrections/repairs and the Government will pay for the corrective action work under a separate Purchase Order/Task Order.

B. If a deficiency is not identified in the inspection and 45-days have passed since award of the Contract, the deficiency shall be covered under this Contract.

C. Once the deficiencies have been corrected, any future service, maintenance or replacement required for these same items will be covered under this Contract.

2.1 MAINTENANCE SERVICE PROVISIONS

A. The Contractor shall provide testing, certifying with applicable local forms, and updating the physical tags on all backflow preventers at the VAPAHCS site locations (5 sites in total) for the period required under the contract. Maintenance work shall be performed by CA-NV AWWA or ABPA certified personnel.

B. The Contractor shall have in his possession throughout the term of the Contract: annually certified and calibrated backflow testing equipment and backflow preventer testing certified personnel.

C. Contractor shall not make any alteration or additions to the equipment without prior written approval from the CO/COR.

D. Contractor shall provide tools, equipment, specialty items and other items that may be necessary to perform tasks required under this Contract. Parts not available from the manufacturer due to obsolescence remain the Contractor’s responsibility to replace from another source.

E. Contractor shall provide lubricants, fluids, fasteners, cleaning supplies, sealants, and other supplies necessary to perform services required in this Contract. Lubricants shall be only those products recommended by the equipment manufacturer or equal.

F. Contractor shall maintain backflow preventer assemblies in like-new condition and good working order in accordance with best possible industry standards by visual examination, cleaning, testing.

G. If the backflow preventer test fails, the Contractor shall inform the COR within twenty-four (24) hours and the Government will work with the Contractor on developing a cost proposal and plan for making identified corrections/repairs.

H. If work is required outside of the Scope of this Contract, the Contractor shall submit a detailed cost estimate for required repairs to the CO/COR within 2 business days of finding the issue. Contractor shall not proceed with such work, except for emergency situations, without the written consent of the CO/COR and receipt of a separate Purchase Order to cover the cost of additional work.

I. Repair or replacement of backflow preventer devices due to natural disaster, vandalism, negligence, or misuse by persons other than the Contractor, and contractor employees are out of the scope of this contract. Contractor shall obtain written approval by the CO/COR prior to repairs related to this category of damage. Any damage the contractor deems to be a result of this nature shall be fully documented with pictures taken by the Contractor. Documentation of the incident, including pictures shall be provided to the CO/COR for evaluation. The CO/COR reserves the right to claim any damaged material / equipment.

2.2 MAINTENANCE, REPAIR, AND CALLBACK TICKET PROCEDURES

A. Contractor shall instruct employees to comply with the following procedures:

1. Upon arrival at the facility, Contractor shall check in with the CO/COR or COR designee so Engineering Service will be aware of Contractor’s presence at the facility.

2. Pick up the key ring which contains keys that will unlock secured backflow preventers. This key ring shall be returned before maintenance personnel leave the VAPAHCS facilities.

3. Contractor shall have a service ticket on each service call signed by the COR or COR designee. Service tickets shall identify the respective piece of equipment, description of problem, description of corrective measures taken, date and time the backflow preventer was returned to regular service.

2.3 ADDITIONAL SERVICES

A. Additional services are defined as any work, requested, and authorized by the Government that is within the scope of this contract but in addition to the contract requirements. Any work of this nature detected by the Contractor shall immediately report to the COR, but work shall not be performed until the Contractor and the CO or COR as appropriate have reached an agreement on the price to accomplish the project. Work shall be performed immediately, if necessary (i.e., an emergency), although typically a 48-hour notice will be given.

B. Labor Costs - The Contractor shall price labor hours within the price quoted in CLIN 1 in Section B, SUPPLIES OR SERVICES AND PRICES. The Contractor’s expenses for overhead, General and Administrative (G&A), and profit are already included in this CLIN. Thus, no separate allowances for travel time, parking, overhead, G&A or profit can be applied.

C. Materials and Parts - The Government reserves the right to furnish any or all parts and/or materials required for a particular repair/replacement. If the Contractor furnishes the parts and or materials, the price to be paid shall be on the basis of established catalog or list prices in effect when the parts and/or materials are furnished, less all applicable discounts, but in no event shall such price be in excess of the Contractor’s sale price to his/her most favored customers for the same item in like quantity, or the current market price, whichever is lower.

D. All orders for maintenance repair/replacement work must be placed or confirmed by issuance of a SF30. The SF30 will describe the work to be performed, the time for completion, and the total price for the work. In emergency situations oral orders are permitted, which will be confirmed within 5 working days by issuance of a SF30. Orders of $2,500.00 or less may be processed using the Governmentwide commercial purchase card, which is the preferred method to purchase and to pay for micro purchases.

E. The Government reserves the right to perform the work using whatever resources are available.

2.4 PERFORMANCE STANDARDS

A. Successful testing or retesting of backflow preventers

B. Updated physical tag provided by the applicable city authority having jurisdiction.

C. Submission of certification records to the applicable city authority having jurisdiction.

D. Delivery of copies of certification records and service tickets to the CO/COR.

2.5 SPARE PARTS

A. Parts and materials shall be of the original manufacturer’s design or equal. All lubricants shall be the same as or equal to those recommended by the manufacturer.

B. If it becomes evident during a warranty period that a component(s) is not functioning properly in accordance with manufacturers or Contract requirements, or if in the opinion of COR, excessive maintenance and attention must be employed to keep the component(s) operational, then the component(s) shall be removed and a new component(s) meeting all requirements shall be installed.

3 DOCUMENTATION

3.0 Backflow Testing Certification Forms

A. Backflow Testing Certification forms must be approved by the county having jurisdiction for each campus.

3.1 Service Tickets and Quotes

A. Service Tickets and proposed quotes shall include the following but not limited to:

1. Date and Time

2. Reason for Service

3. Recommended Action

4. Cost Basis

4 SAFETY, INSPECTION AND TESTING

4.0 INJURY AND ACCIDENT REPORTS

A. 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 involving backflow prevention systems.

B. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

4.1 SAFETY

A. 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. Contractor shall provide a detailed explanation as to how contract work will be implemented and managed to ensure compliance with OSHA Construction Standards, Life Safety issues, and security measures.

B. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VAPAHCS Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAPAHCS smoking policy.

C. Patient, employee, visitor, and Contractor personnel safety shall be always maintained. The Contractor is responsible for the safety and health of his/her employees. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair the backflow assembly immediately after completion of work or when leaving the job unattended.

D. The Contractor shall submit to the Contracting Officer, prior to the start of the Contract, the Safety Data Sheets (SDS) for potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility during performance of the Contract and will not use materials which have not been approved in advance by the Government. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all SDS in each elevator machine room to assure compliance with laws and requirements regarding the Right to Know law (OSHA Hazard Communication Standard (29 CFR 1910.1200).

E. Contractor is responsible to identify, provide and maintain personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

F. The Contractor shall obtain a Hot Work Permit from the Government (VAPAHCS Safety Staff) or the CO/COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow requirements outlined for the issuance of the Hot Work Permit.

G. Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the CO/COR or the Government’s Safety Officer, the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work. The Contractor bears all costs of stop-work time and correcting safety hazards.

H. Contractor shall reinstall guards or equipment panels, removed to perform maintenance, on the equipment before putting it back into service.

5 QUALITY CONTROL

5.0 QUALITY CONTROL PROGRAM

A. Contractor shall establish a Quality Control Program to assure the requirements of the Contract are provided as specified. The Contractor shall submit this program to the CO/COR, for acceptance within ten (10) days of Notice to Proceed. The program shall include the following:

1. An inspection system covering the services described in the Contract. A checklist used for inspecting Contract performance during scheduled or unscheduled inspections and the name(s) of the individual(s) who will perform the inspection.

2. The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

3. A system for identifying and correcting deficiencies before the level of performance becomes unacceptable and/or the Government inspectors point out deficiencies.

4. A file of inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the CO/COR upon request, at any time during the term of the Contract.

B. The Contractor shall conduct an Annual Walk with the COR or Government designee to review the condition of backflow preventers and quality of services provided in performance of the contract. The COR will update the number of backflow preventers to review and potentially install after completion of the survey.

6 PAYMENT

6.0 PAYMENT FOR VERIFIABLE WORK COVERED UNDER THE CONTRACT

A. Payment for work covered under this Contract shall be billed monthly.

B. Payment will be made in arrears of the specified billing period after receipt of a properly prepared invoice, provided all required work, including preventive maintenance, submission of reports and all other requirements for the period in questions have been performed in accordance with contract stipulations, and can be verified with service reports signed by the COR or COR designee.

C. The Contractors failure to schedule and perform a PM within the specified time interval shall be considered non-compliance with terms of contract, and Government will take corrective action as defined the Federal Acquisition Regulations (FAR). Payment withholding will be in compliance with the FAR. Criticality of VTE in a medical facility requires that continued Contractor failure to perform will necessitate holding Contractor in default and the Government obtaining suitable service via separate means.

6.1 PAYMENT FOR WORK NOT COVERED UNDER THE CONTRACT

Unless otherwise directed by the CO or unless acting in a good faith effort to perform emergency work (i.e., life, safety, entrapment, etc.), the Contractor shall not perform any work outside of the Scope of this Contract without authorization from the CO/COR and the issuance of a separate Purchase Order. Failure to receive prior approval for out-of-scope work will most likely result in the denial of compensation.