Exhibit C - S02 RFQ SOW 36C248-20-Q-1336.pdf

SECTION I: SCOPE

1.0 INTRODUCTION: This Performance Work Statement (PWS) sets forth the one-time contract performance requirements for sampling and analysis services for Natural Organic Matter (NOM) environmental water programs as assigned in accordance with applicable regulatory guidance. Place of performance shall be at various locations throughout potable water loop distribution network the VA Caribbean Healthcare System (VACHS) 10 Casia Street San Juan Puerto Rico as required by the Government.

2.0 SCOPE: The contractor shall provide all personnel, services, equipment, transportation, supervision and other items and services necessary to perform analysis of water samples as defined in this performance of work statement. The contractor shall perform to the standards in this contract. The contractor will supply all equipment and facilities required for water sampling that includes but not limited to coolers, ice packs, and sampling jars.

3.0 BACKGROUND: VACHS is committed in ensuring compliance with various environmental requirements through water sampling, analysis, and monitoring. The VACHS San Juan Medical Center has potable water drinking system that distributes both hot and cold water to all buildings distributed throughout the complex. The VACHS San Juan site comprises of (1) groundwater well and two (2) aboveground water storage tanks with one (1) million gallons (MG) each in capacity and below grade water storage cistern of 200,000 gallons in capacity for potable water. In addition, water distribution system supplies non potable water to cooling towers units and three cisterns for fire prevention.

Studies of drinking water networks have shown that the major part of the biomass in attached to pipe surfaces in a biofilm or natural organic matter, which affects the water quality and increases the maintenance cost of the distribution network. Bio-film formed in the pipe-surface is regarded as a potential reservoir of microorganism that can detach into the bulk water, reduce the quality of the water. Additionally, bofilm or natural organic matter (NOM) accumulation in the water distribution systems could caused generation of Legionella and increase the occurrence of Disinfectant byproducts.

4.0 DESCRIPTION OF SERVICES: General performance objectives includes, but not limited to:

The contractor shall provide all personnel, services, equipment, transportation, and specific sampling necessary for the performance of work. The Contractor shall provide the activities necessary to ensure the water supply and systems are in compliance with federal and state requirements and regulations. The Contractor shall perform the environmental quality and environmental compliance as specified in this contract. These activities include required sampling, analysis, and monitoring at the VACHS as shown in the following paragraphs.

Contractor will conduct sampling and laboratory analysis water to determine natural organic matter community thorugh several locations of the water distribution network system as determined by the Government.

The main objective of this scope is to determine the location of bio-film concentrations “hot spots” in the water distribution netwok system will assist VACHS with specific and localized mitigation strategies to reduce the bio-film occurrence.

The Contractor shall be responsible for collecting all samples in accordance with accepted procedures, properly recording the sample information on the chain of custody form, preserving the samples for transport, arranging for transportation of the samples to the Contractor laboratory for analysis, performing analytical laboratory services, and providing accurate analytical results.

The Contractor shall also be responsible for data entry of results and database management.

5.0 PERIOD PERFORMANCE. This contract is a fixed-firm price performance work contract. The performance period commences from the date of the award of this contract until September 30, 2020.

6.0 LABORATORIES.

6.1 General. The analytical capabilities of the laboratory shall be sufficient for the methods specified, and the laboratory shall have sufficient through-put capacity to handle the necessary analytical load during all sampling activities. Laboratories may also be subject to performance evaluation samples.

6.2 Laboratory Certification Requirements. Laboratories that process the water samples must have environmental microbiology accreditation by a nationally recognized body (e.g. EMLAP, NELAP). Contractor must provide instrumentation for these measurements. The proper calibration of the instruments is the responsibility of the contractor.

6.3 Analytical Procedure for Each Analysis Performed Under The Contract. The SOP manual must include copies of all analytical methodologies for all parameters. The Contractor shall standardize the choice selected in the SOP and must ensure those specific methods are followed.

6.4 Sample Container Preparation and Shipment Procedures. The SOP manual must include procedures for the preparation of samples bottles, vials and shipping containers. This SOP must address sample bottle types, preservatives, if required, for each analysis, packaging, cooling, labeling, custody seals, as well as, shipment from the laboratory facility. The SOP manual must address how shipping containers will comply with Federal Air Transportation requirements for the return shipment of samples.

6.5 Water Preparation and QC Procedures. The SOP manual must include procedures to comply with NELAP Laboratory regarding laboratory water preparation.

The SOP manual must include procedures for preparing, issuing, tracking and tracing back to an actual analysis performed.

6.6 Sample and Laboratory Contamination Procedures. The SOP manual must include procedures to prevent potential cross contamination of samples in the laboratory due to leaks, spills or accidents within the laboratory. The SOP manual must present procedures for notifying management of laboratory and/or sample contamination.

6.7 Chain of Custody for Water Sampling. The contractor must provide chain-of-custody (COC) documents (standard form) to the ERS after the sampling process is completed. The COC form must contain the following information:

Sample number, Test type (detection limit used), Sampling Date (mm/dd/yy) Sampling Time, Point-of-use type (cold mains, storage tank, sink, shower, faucet,etc.), Sample location (building, floor, room, area name), Name of the individual obtaining the sample (initials), Sample type (first draw, etc.), Sample volume (ml), Sample temperature (ºF), Free Residual Chlorine (ppm), TOC, Disinfectant Byproducts Others, as required

5.3 BASIC SERVICES

5.3.1 The Contractor shall provide basic services to monitor Natural Organic Matter at the facility’s water supply system in order to maintain the system in a functional, capable, safe, efficient and economical condition. Required biofilm or NOM sampling of water supply and public distribution water system under this contract are listed in Technical Exhibit 1.

5.3.2.1 Contractors shall be responsible for collecting biofilm water samples from the VA Caribbean Healthcare System facilities, submit the samples for testing, preparing appropriate analysis and chain of custody reports, and returning completed results to the requiring activity.

5.3.3 Testing. A total of 200 samples must be collected for Total Organic Content (TOC), 200 samples for Residual Chlorine, 35 for Disinfectant Byproducts (Total Triahalomethanes (TTHMs) and Total Haloacetic Acids (HAA5).

Testing: The contractor shall perform water sampling on the dates selected by VACHS, as needed. Sample location will be designated by the Environmental Regulatory Section. Samples will be properly taken, handled, stored, transported and identified in accordance with proper procedures for environmental water sampling. Samples shall be analyzed by a Laboratory certified by the Puerto Rico Department of Health and US EPA NELAP program.

5.6 REPORTS

5.6.1 Sampling Report. The Contractor shall contact the VACHS Environmental Regulatory (ERS) Section COR for this contract prior to conduct site visits to VACHS facilities.

The contractor shall visit the COR’s office after 7:00 am on each scheduled performance day in order to confirm the performance schedule between the COR and the contractor. The contractor shall provide performance reports and submit them to the COR by email or fax after completion of each tasks. Refer to Technical Exhibit 2 for deliverables. This report must be signed by a certified technologist for the bacteriological analyses and the laboratory director reviewing the analysis results.

Performance report shall include the following information at a minimum:

Government unique sample number (i.e. VACHS), VACHS Clinic/program area Identification, Analyte, Analytical Method, Detection Limit, Sample Result (ppm/ppb or applicable unit), Maximum Holding Time/Preservatives (If applicable), Date Collected, Date Received ,Date Analyzed, Date Reported

5.6.3. Raw data will be made available and submitted through the report and upon request by the COTR or COR.

5.7 Analysis: The contractor will analyze the samples within the legal holding time as specified in the analytical method. The contractor shall provide sample results to VACHS San Juan immediately, via telephone notification at (787) 641-7582 ext. 10264 and fax at (787) 641-9363 or COR email address. The contractor will mail original copies of results to COR VA Caribbean Healthcare System Facility Management Services (001FM) 10 Casia Street San Juan PR 00921-3201. The contractor will email a copy of the sample analysis report to VACHS Environmental Regulatory Section luz.muriel-diaz@va.gov.

6.0 RECORDS: The contractor shall be responsible for creating, maintaining government required records that are specifically cited in this PWS or required by the provisions of a mandatory directive listed in Technical Exhibit 2, Applicable Publications and Forms. The contractor shall provide the original record or a reproducible copy of any such record within five (5) working days of receipt of the request.

9.0 OPERATIONS IMPACT MISSION. If during the evaluation of the water supply and system components requires analysis or maintenance, the Contractor shall notified to the COR the required time for these operations to adequately allocated resources and adjust VACHS operations. If the system needs to be out of service or temporary shutdown, this determination shall be determined by the Government and the contractor after evaluation all existing conditions. It is essential that VACHS operations must not be affected and therefore the water supply system must be operational at all times unless unforeseen conditions are presented.

10.0 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 provide the overall management effort required to integrate technical and programmatic functions.

The Contractor shall ensure the technical excellence, cost effectiveness, and timeliness of all required work and deliverable products.

The contractor shall develop and maintain an effective quality control program to ensure services are 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 requirement of the contract. At a minimum, the contractor shall develop QC procedures addressing the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the QC plan, the contractor shall receive the contracting officer acceptance in writing of any proposed to his/her QC system.

The contractor shall institute and maintain a complete quality control (QC) program to ensure the requirements of this contract are provided as specified. 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. At a minimum, the program shall include:

An inspection system covering all the services required with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections and the names of the individuals who will be performing the inspections. Provide a list of the QC inspectors to the COR. Provide a checklist shall include every area of the operation serviced by the contractor, as well as every task required to be performed.

A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or government inspectors point out the deficiencies.

(Refer to the Technical Exhibit No.4 Corrective Reports).

A file for inspections conducted by the contractor and related corrective actions.

This file should include follow-up documentation of inspections to ensure corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the COR and the CO during the term of the contract. Within five workdays prior to the starting data of the contract, the contractor shall submit a copy of this program to the Contracting Officer and /or COR.

10.1 QUALITY ASSURANCE PLAN.

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The Government will monitor the Contractor's performance under this contract using the surveillance methods identified in the Quality Assurance Surveillance Plan. The Contractor will be given the opportunity to correct or address any adverse findings resulting from the Government’s surveillance consistent with the Inspection/Acceptance clause in the contract. Failure to correct any adverse findings or failure to deliver all services described in this contract may result in non-acceptance of the services by the Government. Failure to meet the standards of this performance work statement may result in a deduction of price equal to the value of the unperformed or poorly performed services. 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.

The government shall evaluate the contractor’s performance under this contract. All surveillance observations shall be recorded by the government. When an observation indicates deficient or defective performance, the COR shall request the contractor’s representative initial the observation. (Attachment 4, Refer to Corrective Report,)

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 highest quality of service rendered.

The contractor shall maintain a current list of employees. The list shall include the employee’s name, government identification number, contact information, and residence information. The list shall be validated and signed by the contractor and provided to the COR. Updated lists shall be provided when an employee’s status or information changes.

7.0 REGULATORY FRAMEWORK.

7.1 Puerto Rico Department of Health: Environmental Health General Regulation, and United States Environmental Protection Agency (USEPA) Safe Water Drinking Act (SWDA) and 40 Code of Federal Register (CFR) 141-142, National Primary Drinking Water Regulations are the state and federal compliance requirements for water supply and equipment. The Contractor is responsible for being knowledgeable of and adhering to the following documents, policies, rules and regulations:

Environmental Health General Regulation of the PR Department of Health Federal Safe Drinking Water Act (SDWA) Requirements National Primary Drinking Water Regulations (40 CFR Part 141).

7.2 Public Laws and Statutes. The Contractor shall comply with the issue or version (including all changes and amendments) of federal, state and local environmental statutes and regulations in effect of date of issuance of this delivery order, including, the applicable portions of the documents cited in the basic contract. The contractor shall comply with the issue or version of the instructions, regulations, policies and other documents in effect on the date of issuance of this delivery order, including but not limited to the documents cited herein.

8.0 SAFETY AND HEALTH STANDARDS. The contractor shall coordinate worksite with applicable personnel to ensure the protection of human health of employees and the environment, the prevention of damage to property, utilities, materials, supplies, and equipment; and the avoidance of work interruptions. For these purposes, the contractor shall comply with OSHA Safety and Health regulations. The contractor shall initiate and maintain programs to comply with the provisions of the Occupational Safety and Health Standards Act (OSHA) concerning handling of potentially hazardous substances as it pertains to fuel storage, flammable and combustible liquids (OSHA §1910.106 standards).

8.1 The Contractor shall immediately report to VACHS ERS, via email/ telephone or fax, any data or results generated during the analyses that may indicate any potential imminent health risk to contracted or federal personnel, or the public at large. Following this telephone/fax or email notification, a formal written notice or report with supporting documentation shall be prepared and delivered within three working days. Upon request of the Government, the Contractor shall provide pertinent raw laboratory data within three weeks of the telephone/fax or email notification.

9.0 GENERAL INFORMATION

9.1. Contract Manager. The contractor shall provide a contract manager who shall be responsible for the work. The name of this person, and an alternate(s) who shall act for the contractor when the manager is absent, shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all matters relating to this contract.

9.2 The contract manager or alternate shall be available during normal duty hours meet the COR to discuss problem areas. The contract manager shall provide an emergency contact number for an emergency situation.

9.3. Contractor Employees. The Contractor shall provide technically qualified technician to conduct the environmental sampling tasks and data entry into environmental databases. Contractor personnel should be trained, physically capable, and qualified to perform required sampling, and should receive periodic training to maintain proficiency and to keep current with required certifications.

When performing work or operating equipment in direct support of VACHS within the Contractor’s quality management system, including requirements for Water Quality Standards. The Contractor shall keep its employees trained and certified in order to properly perform tasks requiring certification. The Contractor shall ensure all employee certifications are shall be submitted to CO for proper recording of training.

The technician may be required to wear respiratory protection for isolated sampling requirements. Therefore, the technician shall be medically qualified to wear respiratory protection in accordance with 29 CFR 1910.134. The technician, and additional Contractor personnel, as required, shall be responsible for conducting the following routine environmental compliance sampling tasks at VACHS Clinics.

9.4 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 of his/her employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

9.5 Security Danger Warning, Accident Prevention, Fire Prevention and Fire Protection Requirements. The contractor shall comply with all pertinent requirements of the OSHA, NFPA and VA Directives Policies whichever is more stringent, to insure compliance by all subcontractors.

10.0 HOLIDAYS:

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:

10.1 Recognized Holidays:

New Year’s Day January 1 Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Good Friday Last Friday in March Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

Or any other day specifically declared by the President of the United States to be a national holiday.

10.2 Hours of Operation: The contractor is responsible for conducting services, between the hours 7:00 am to 4:30 pm of Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

11.0 STANDARD OF CONDUCT: Contractor Personnel must adhere to the Contractor shall require his employees to comply with the instructions, pertaining to conduct and building regulations, issues by duly appointed officials, such as the Contracting Officer Representative (COR), guards, inspectors, etc. The Contractor shall provide protective equipment and attire to personnel and require employees to use it while the performance of their duties as necessary.

11.1 Appearance: The Government requires a favorable image, and considers it to be a major asset of a customer service team and the employee's attitude, courtesy, and job knowledge are influential in creating a favorable image.

11.2 Uniforms: The Contractor shall require all his employees, including supervisors, to wear distinctive uniform clothing for ready identification. The uniform shall have the Contractor’s name, easily identifiable, affixed in a permanent or combination as appropriate may be used for the uniform. The Contractor shall provide protective equipment and attire to personnel and require employees to use it during the performance of their duties as necessary. The contractor shall conform to all regulations, federal and local OSHA Standards.

11.3 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 of his/her designee will notify the Contractor of any non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed.

11.4 Neglect of duties shall not be condoned; including sleeping on duty, unreasonable delays 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.

11.5 Disorderly conduct: use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned; also included is participation in disruptive activities which interfere with normal and efficient Government operations.

11.6 Driving at VACHS: Contractor and contractor’s employees shall obey all speed limits and traffic signs. Disobeying traffic regulations could result in magistrate court citations, which include monetary fines. Continued violations could result in being restricted from driving at the Facility.

11.7 Parking: Contractor vehicles will be parked only in lots or areas designated by Security Office personnel, if available. The Government will not be liable for any lost, stolen, or damaged vehicles or items.

11.8 Smoking is prohibited in VA facilities.

11.9 Intoxicants: The Contractor shall not allow any employee (while on duty) 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.

11.10 Criminal actions: Contractor’s employees may be subject to sanctions and or layoff for criminal actions, but not limited to the following:

(a) 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.

(b) Unauthorized use of Government property, theft, vandalism, or immoral conduct.

(c) Unethical or improper use of official authority or credentials.

11.11 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.

The Contractor shall initiate immediate action to replace such an employee to maintain continuity of services at no additional cost to the Government.

11.12 Weapons at Facility: No weapons either on one’s person or placed inside a privately-owned vehicle is allowed. If a weapon of any type is found, it will be confiscated and held as evidence. Having unauthorized weapons on a Federal property is a felony, and violators will be prosecuted.

12.0 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 request from the Contracting Officer or his representative.

12.1 Security Requirements: Contractor personnel performing work under this contract shall provide in writing to the Contracting Officer at least ten (10) working days prior to the contract starting date, a list to include the names and social security numbers of all employees conducting the contract work and must maintain the level of security required for the life of the contract.

The service provider shall not employ persons for work on this contract if such employee is identified to the service provider by the Contract Officer (CO) as a potential threat to the health, safety, security, general well-being or operations of the VA facilities and its population. The service provider shall furnish an identifying badge, which shall include as a minimum, the person's name, the name of the service provider, and the function. Each employee shall wear the badge visible at all times.

The contractor is responsible for providing required information on personnel conducting site visits to obtain contractor passes. This information will be coordinated with the VACHS Facility Management Services (FMS) Environmental Regulatory Section.

Photography of any kind must be coordinated through the VACHS FMS Environmental Regulatory Section.

Under no circumstances will a Contractor or any contractor employees or subcontractors use or transfer their ID card/badge or vehicle decals (if applicable) to allow anyone else access to any are on VACHS. Failure to comply with the requirements of this section is a security violation, which could result in subsequent administrative action, including requiring the contractor to permanently remove from the project the employee committing the violation, and/or termination of the contract for default.

12.2 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Commonwealth of Puerto Rico.

Contractor shall report directly to Operations Control Center (OCC) and to the COR prior to initiate any schedule tasks. Operations Control Center telephone number is

(787) 641-7582 ext. 10264.

13.0 TYPE OF CONTRACT: The government will award a Firm-Fixed-price contract.

13.1 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

13.2 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

No sensitive data but requires training.

VA Information and Information System Security/Privacy Language, VA Information Custodial Language:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

SECURITY CONTROLS COMPLIANCE TESTING :

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

SECTION II: DEFINITIONS & ACRONYMS

1.0 DEFINITIONS AND ACRONYMS:

1.1 DEFINITIONS:

1.1.2 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

1.1.3 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

1.1.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

1.1.6 DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

1.1.7 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

1.1.10 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

1.1.11 QUALITY ASSURANCE SURVEILLANCE PROGRAM (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

1.1.12 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

1.1.13 SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have private of contract with the subcontractor.

1.1.14 Water Quality. The chemical, physical, radiological, and microbiological characteristics of water with respect to its suitability for a particular purpose.

1.1.15 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

1.1.16 WORK WEEK. Monday through Friday, unless specified otherwise.

2.0 ACRONYMS: List acronyms used in the PWS

CDC CENTERS FOR DISEASE CONTROL

CFR CODE OF FEDERAL REGISTER

CO CONTRACT OFFICER

COR CONTRACT OFFICER REPRESENTATIVE

DVA DEPARTMENT VETERANS AFFAIR

ERS ENVIRONMENTAL REGULATORY SECTION

FMS FACILITY MANAGEMENT SERVICES

M&R MAINTENANCE & REPAIR

OSHA OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION

PWS PERFORMANCE STATEMENT OF WORK

POU POINT OF USE

QAP QUALITY ASSURANCE PROGRAM

QCP QUALITY CONTROL PROGRAM

SDWA SAFE DRINKING WATER ACT

USEPA UNITED STATE ENVIRONMENTAL PROTECTION AGENCY

VACHS VA CARIBBEAN HEALTHCARE SYSTEM

SECTION III

APPLICABLE PUBLICATIONS

1.0 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

1.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. The following list includes but is not limited to applicable rules and regulations to the water supply system operations.

40 Code of Federal Regulations (CFR) Part 141-142, National Primary Drinking Water Regulations.

Puerto Rico Department of Health: Environmental Health General Regulations.

Drinking Water Standards & Health Effects, EPA 816-F-04-037, June 2004 Drinking Water Monitoring, Compliance, and Enforcement, EPA 816-F-04-031, June 2004.

Facilities Guidelines Institute. Guidelines for Design and Construction of Health Care Facilities, 2010 edition. Chicago: American Society of Healthcare Engineering of the American Hospital Association; 2010.

International Code Council. International Plumbing Code, Chapters 1 through 6 2009 IPC. International Code Council, Inc.; 2009.

The following Performance Requirement Services Summary (PRSS) identifies the performance objectives and performance thresholds for critical tasks associated with providing support services for this requirement. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement.

These thresholds are critical to mission success.

Performance Objective

Standard

PWS

Paragraph

Performance Threshold Maximum Allowable Degree of deviation requirement (AQL)

Method of Surveillance

1. Basic Services

Water is sampled and tested as required by this PWS

Paragraphs 5.3

No deviations. All requirements mandated by law or regulation must be 100% compliant.

100% inspection to ensure that all Government specific requirements are met.

2. Reports Sampling analysis reports and documents accurately all water supply components conditions.

Paragraph 5.6

100% of the time. No discrepancies are allowed.

100% inspection to ensure that all Government specific requirements are met.

TECHNICAL, DELIVERABLES SCHEDULE

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Quality Control Plan PWS paragraph 13.0 the 5th after contract award

1 original and 2 copies within 30 days of contract award.

Deliverable is to be provided in paper (hard copy), fax or email

ATTN to: Luz A. Muriel-Diaz Environmental Protection Specialist, 10 Casia Street 001FM San Juan 00921- Luz.muriel-diaz@va.gov

Sampling Results Report VACHS San Juan 5.3.3

As soon as they become available after the sampling event

Results must be informed immediately to the COR by email or phone.

Deliverable is to be provided in paper (hard copy), or email

ATTN to: Luz A. Muriel-Diaz, Environmental Protection Specialist, 10 Casia Street 001FM San Juan 00921- Luz.muriel-diaz@va.gov

TECHNICAL EXHIBIT, CORRECTIVE ACTION REPORT

CORRECTIVE ACTION REPORT (CAR)

(If more space is needed, use reverse and identify by number)

1. CONTRACTOR

2. CONTRACT NUMBER

3. TYPE OF SERVICES

4. FUNCTIONAL AREA

5. SUSPENSE DATE

6. CONTROL NUMBER

7. DEFICIENCY MAJOR MINOR

FINDING:

FINDING IMPACT:

Please respond with a written corrective action plan that details the corrective action of the cited deficiency, the cause of the deficiency, and actions taken to prevent recurrence by Suspense Date in Block 5. If date was not entered in Block 5, the contractor is not required to provide a response.

8. QUALITY ASSURANCE PERSONNEL (COR)

TYPED NAME AND GRADE

SIGNATURE AND DATE

9. ISSUING AUTHORITY

TYPED NAME AND GRADE

SIGNATURE AND DATE

10. COR RESPONSE TO CONTRACTOR CORRECTIVE ACTION AND ACTION TAKEN TO PREVENT RECURRENCE

11. COR DETERMINATION

ACCEPTED REJECTED

12. CLOSE DATE