Drinking_Water_Sampling_PWS_v3.pdf

PERFORMANCE WORK STATEMENT

DRINKING WATER

16 Jan 18

1.0 DESCRIPTION OF SERVICES/GENERAL INFORMATION. The contractor shall provide all personnel, equipment and materials for laboratory and related services to comply with the requirements of the National Primary Drinking Water Regulations (40 CFR 141) and related regulations in the Georgia Rules for Safe Drinking Water. The contractor shall conduct physical, chemical, and or biological laboratory analyses of drinking water and provide the results of each analysis to the 78th Medical Group (MDG) at Robins Air Force Base (AFB), Georgia.

The Contractor shall be certified by the Georgia Department of Health Human Services (GA

DHHS) and shall be in compliance with all other GA DNR and U.S. Environment and Natural

Resources (GA DNR) and shall be in compliance with all other GA DNR and U.S. Environmental

Protection Agency (EPA) mandated Quality Assurance /Quality Control (QA/QC) programs requirements to keep and maintain its certification.

1.1 Laboratory Analysis. The contractor shall provide all laboratory analyses required by the

Georgia Rules for Safe Drinking Water (Sections 391-3-5.10, .18, .21, .22, .23, .24, .25, .26, .27, .30, .53, .54, and .55).

1.2 Sampling Containers. The contractor shall provide the Robins AFB Bioenvironmental

Engineering office all sampling containers and media, shipping labels, and sampling instructions no later than the first business day of each month for sample collection in order to meet sampling schedules within the subsequent month.

1.3 Total Sampling. The contractor shall provide the necessary amount of sampling containers and supplies for Robins AFB compliance to the National Primary Drinking Water

Regulations. The contractor shall ensure that they are capable of supplying the following estimated number of sample containers with the necessary supplies:

• Total Coliform Sampling: 25-50 samples per month

• VOC Sampling: 10-15 samples per 3 years

• IOC Sampling: 10-15 samples per 3 years

• Nitrates/Nitrites: 10-15 samples per year (annually)

• Lead and Copper Sampling: 30-60 samples per 3 years

• Stage 2 Disinfection Byproduct Sampling: 2-5 samples per year (annually)

• Radionuclides: 3 Samples every three years

• UCMR4: up to 30 samples per year

1.4 Reports. The contractor shall provide written reports for each analysis AND make available the results of the analysis of EACH sample to the 78 MDG, see PWS para 1.11 for delivery address and instruction. Each report shall have the acceptable limits for each analysis, the actual results of each analysis, comments with any abnormalities detected, corrective actions necessary for detected abnormalities, contact information for the POC of the analysis, and the time and date of when the was sample received, sampled, and the results obtained. (A003, Drinking Water

Sampling Analysis Report, DI-MGMT-51582/T)

1.5 Technical Assistance. The Contractor shall provide technical assistance to included providing materials for increased sampling requirements regarding corrosion control treatment under the Lead/Copper Rule, while the cost of engineering, design, equipment and chemicals for corrosion control are the responsibility of the Government.

1.6 Limited Vulnerability Assessments. The Contractor shall provide limited Vulnerability

Assessments for organic and inorganic chemical monitoring requirements listed under Sections

391-3-5.21, .22, and .26 of the Georgia Rules for Safe Drinking Water. In the case of a contingency response, the contractor shall have additional sampling containers and media ready for use.

1.7 Data Submission. The Contractor shall submit coliform and chemical analytical data to the

EPDs Safe Drinking Water Information System (SDWIS)/State data system for Georgia Rules for Safe Drinking Water compliance including Total Coliform Rule and Revised Total Coliform

Rule compliance.

1.8 Quality Assurance. The Contractor shall ensure laboratory procedures utilized are approved, Environmental Protection Agency (EPA) Standard Methods. The contractor shall follow EPA-established quality control guidelines for laboratory analysis. An annual report stating certification is compliant with Georgia EPD standards shall be given for audit and record purposes.

1.9 Compliance with Laws/Regulations. The Contractor shall comply with all applicable 1)

Federal, state, and local environmental statutes, regulations, and rules (including all changes and amendments), 2) presidential executive orders in effect at the Notice to Proceed and 3) directive publications and AFMC supplemental instructions. All work will be accomplished in accordance with all applicable regulations.

1.10 Government Provisions. The following items shall be performed by Robins AFB.

• Read the sampling instructions provided by the contractor and follow those instructions when collecting samples.

• Collect samples required by the Georgia Rules for Safe Drinking Water Sections 391-3-

5.10, .18, .21, .22, .23, .24, .25, .26, .27, .30, .53, .54, and .55 in containers provided by the contractor.

• Ship the samples within the time frame specified by the sampling instructions to the contracted laboratory.

1.11 Point of Contact

Bioenvironmental Engineering Office

78 AMDS/SGPB

655 Seventh Street

Robins AFB, GA 31098-2227

1.12 Delivery Address

78 AMDS/SGPB, Drinking Water Program

Drinking Water Program Manager

655 Seventh Street Bldg. 207

Robins AFB, GA 31098-2227

2.0 Services Summary: N/A

3.0 Government Furnished Property: N/A

4.0 General Information:

4.1 Security Requirements: N/A

4.2 Quality Control: All work and services shall be performed by a laboratory, which is certified by the State of Georgia to perform bacteriological and chemical analysis for all requested analytes identified in paragraph 1.3. The Contractor shall furnish a copy of its certificate to the Government prior to contract award and upon any recertifications. Any

Loss of state or federal certification shall be reviewed by the Contracting Officer.

(Note: If any testing is subcontracted to another lab, it is the primary contractor’s responsibility to provide the certificates of the subcontracted lab to the government).

4.3 Green Procurement Program (GPP): The contractor shall comply with the Green

Procurement Program in accordance with Under Secretary of Defense (USD) Memorandum, Establishment of the DoD Green Procurement Program, dated August 27 2004, establishes the requirement for a GPP. The GPP is a mandatory federal acquisition program that focuses on the purchase and use of environmentally-preferable products and services. In accordance with FAR 23.404, Agency Affirmative Procurement Programs, the GPP requires 100% of purchases of Environmental Protection Agency (EPA)-designated products, included in the

Comprehensive Procurement Guidelines (CPG) list, contain recovered materials unless the item cannot be acquired competitively within a reasonable timeframe, meet appropriate performance standards, and/or be acquired at a reasonable price. In accordance with FAR

23.101, Sustainable Acquisition Policy / Definition, the GPP requirement applies to all acquisitions, including services, using U.S. Government appropriated funds. The Green

Procurement Program (GPP) includes these mandatory components:

(1) Recycled content products, also known as Comprehensive Procurement Guideline

(CPG) Items http://www.epa.gov/cpg/products.htm

(2) Energy Star® and energy-efficient products; energy efficient standby power devices http://www.eere.energy.gov/

(3) Bio-based products http://www.dm.usda.gov/procurement/programs/biobased/awarenessbrochure_may2006.pdf

(4) Non-ozone depleting substances http://www.epa.gov/ozone/snap/lists/index.html

4.3 Environmental Management System (EMS): N/A

4.4 Travel: N/A

4.5 Essential Services During Crisis. The contractor shall provide materials and services in support of increased sampling requirements due to contingency operations at Robins AFB to include: water main line breaks; positive results to coliform and/or E. Coli samples; increased sampling and monitoring during heighted Force Protection Conditions (FPCON); and chemical contamination. In addition, the contractor shall provide Robins AFB with 10 additional coliform http://www.epa.gov/cpg/products.htm http://www.eere.energy.gov/ http://www.dm.usda.gov/procurement/programs/biobased/awarenessbrochure_may2006.pdf http://www.epa.gov/ozone/snap/lists/index.html sample bottles and will resupply upon request after expiration or usage.

4.8 Deliverables. The contractor shall generate a monthly status report on services, which reflects the services rendered for the preceding month, as outline in CDRL A001.

4.6 Contractor Manpower Reporting Requirements: N/A

4.7 NETWORK ACCESS: N/A

4.8 CONTRACTOR IDENTIFICATION BADGES: N/A

5.0. APPENDIX 1 - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT (HIPAA) OF 1996. HIPAA is comprised of several different sections, each to be implemented by the Dept. of Health and Human Services. The AFMS and its components are specifically listed as covered entities (CE) under HIPAA. Currently, HIPAA Privacy and

Security Rules, as set forth in the Code of Federal Regulations, are in effect for all AFMS CEs.

The specific implementation of HIPAA Privacy for DOD medical facilities is set forth in DOD

6025.18-R, and for HIPAA Security, the requirements for the AFMS are contained in DOD

8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements.

DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference. AFMS organizations are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered into or amended after the respective implementation dates.

IAW these regulations, the Contractor and its employees meet the definition of Business

Associate. Therefore, a Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement for this contract, whereby the Contractor and its employees agree to abide by all HIPAA Privacy and

Security requirements regarding health information as defined in this clause, DOD 6025.18-R, DOD 8580.02-R, and AFI 41-217. Additional HIPAA requirements will be addressed when implemented.

Introduction

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations

(CFR) definition unless a more specific provision exists in DOD 6025.18-R, DOD 8580.02-R or

AFI 41-217.

Individual has the same meaning as the term "individual" in 45 CFR 164.50 1 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR I

64.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at

45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term "protected Health information" in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of the Government.

Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103.

Required by Law has the same meaning as the term ''required by law" in 45 CFR 164.501 and

164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160,162 and part 164 subpart C.

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304 and 164.501.

(b) The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor agrees to use appropriate safeguards to prevent use or disclosure of the

Protected Health Information other that as provided for by this Contract.

(d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(e) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

(f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor agrees to report to the Government any use or disclosure of the Protected

Health Information not provided for by this Contract of which the Contractor becomes aware of.

(h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government, agrees to the same restrictions and conditions that apply through this

Contract to the Contractor with respect to such information.

(i) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor agrees to provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated

Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor agrees to make any amendment(s) to Protected Health Information in a

Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the

Government.

(1) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the

Contractor on behalf of, the Government, available to the Government, or at the request of the

Government to the Secretary, in a time and manner designated by the 'Government or the

Secretary, for purposes of the Secretary determining the Government’s compliance with the

Privacy Rule.

(m) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CPR 164.528.

(n) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the

Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected

Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the

HIPAA Privacy Rule, DOD 6025.18-R, the HIPAA Security Rule, or DOD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Agreement, the Contractor may use Protected Health

Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected

Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

Except as otherwise limited in this Agreement, the Contractor may use Protected Health

Information to provide Data Aggregation services to the Government as permitted by 45 CFR l64.504(e)(2)(i)(B).

(c) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)( l).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of

Protected Health Information that the Government has agreed to in accordance with 45 CFR

164.522.

Permissible Requests by the Government

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, DOD 6025.18-R, the HIPAA Security Rule, or DOD 8580.02-R, if done by the Government, except for providing

Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

Termination

(a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below.

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to

Protected Health Information that is in the possession of subcontractors or agents of the

Contractor. The Contractor shall retain no copies of the Protected Health Information.

If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Clause to a section in DOD 6025.18-R, HIPAA Privacy Regulation or DOD 8580.02-R, HIPAA Security Regulation or any CFR or AFI provisions means the section as currently in effect or as amended, and for which compliance is required.

(b) Survival. The respective rights and obligations of Business Associate under the "Effect of

Termination" provision of this Clause shall survive the termination of this Contract.

(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DOD 6025.18-R, the CFR HIPAA Privacy Rule, DOD

8580.02-R, the CFR HIPAA Security Rule and AFI 41-21 7.