Performance Work Statement.pdf

Water Sampling, Well Operation and Maintenance Contract: Engineering PWS

MATHC Well System Performance Work Statement

Water Sampling, Well Operation Maintenance Contract

Indian Health Service, Mid Atlantic Tribal Health Center

Last Updated: – 07/15/2025

Water Sampling, Well Operation Maintenance Contract: Engineering PWS

Table of Contents

1. General Information

2. Post Award Meeting

3. General Requirements

4. Specific Mandatory Tasks and Associated Deliverables

5. Documentation

6. Travel

7. Government Responsibilities

8. Contractor Personnel Requirements

9. Protection of Person and Property

10. Security Requirement

11. Confidentiality and Nondisclosure

12. Quality Control

13. Performance Evaluation Meetings

14. Compliance with Applicable Laws/Regulations

15. Safety Requirements

16. Hours of Operation

17. Warranty

18. Invoice and Payment

19. Estimated Devices Totals

1. General Information

1.1. The mission of Indian Health Services Nashville is to provide high-quality, culturally appropriate health services to Tribal communities associated with the Nashville Area Region. This acquisition supports Indian Health Services Nashville's objective of consolidating and improving preventative maintenance services for federal health clinics. The objective of this solicitation is to establish a dedicated contract for water well operation services at the Mid-Atlantic Tribal Health Center. Indian Health Services Nashville operates or supports multiple health clinics that provide critical services to over 60,000 users across 36 Tribal Nations and 3 Urban Indian Health programs in the Eastern United States. As part of an initiative to streamline operations and reduce administrative burden, Indian Health Services Nashville is procuring contracted services to ensure reliable and compliant operation of water systems at its newest clinic. The Mid-Atlantic Tribal Health Center, a newly completed 25,000ft2 outpatient clinic, relies on a single drilled well as its primary water source. This acquisition seeks to ensure proper operation, maintenance, and regulatory compliance for this well system.

1.2. Project Title: Water Sampling, Well Operation, and Maintenance

1.3. Project Background

Establish a consolidated Service Agreement for operation and maintenance of well and distribution equipment serving the Mid Atlantic Tribal Health Center as well as all associated water quality collection, testing and reporting requirements to ensure compliance with all relevant standards. The objective of this contract is to ensure uninterrupted and compliant operation of the Mid-Atlantic Tribal Health Clinic's well water system. The contractor shall provide a licensed operator and all required services to ensure the safe and reliable functioning of the well, distribution system, treatment system and all associated components. The contractor will perform all monitoring, sampling, reporting, treatment, and maintenance, in accordance with all applicable federal, state, and local laws and regulations. The goal is to reduce the administrative burden on clinical staff while ensuring full water system compliance and reliability.

1.4. Scope of Work

1.4.1. The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this document. The contractor shall furnish one Class 6 licensed operator (or higher, as required by VDH) to provide monthly well operation, routine sampling and water testing, technical consultation, maintenance, treatment, compliance documentation, and correspondence support for the water well system at Mid-Atlantic Health Clinic. The potable water and distribution system at the clinic shall specifically meet all the requirements of the Virginia State Department of Health (VDH) Code. Operational sampling and tests shall be performed in accordance with Virginia State requirements. All off site independent laboratory testing shall be complete and performed and submitted on schedule. All back flow preventers are to be tested annually in accordance with Virginia State requirements. All testing must be in accordance with yearly minimum monitoring requirements outlined in the current VDH monitoring plan for the clinic as well as the most current EPA Safe Drinking Water Act.

1.1.1. The Contractor will be responsible for providing all background paperwork certifying water quality reporting, and compliance. All preventative maintenance work shall be in strict adherence to the recommended manufacturer’s specifications and standard operating procedures for equipment maintenance.

1.1.2. The total service space includes one building, two story, approximately 25,000ft2.

1.1.3. The well system is comprised of; one six-inch Class II-B construction well, cased to a depth of 423 feet and grouted with neat cement to a depth of 50 feet. A submersible well pump driven by a 15-HP motor and capable of delivering approximately 110 gpm @ 390 feet TDH for peak demand. A variable speed drive designed to modulate flow to meet the system demand. One 211-gallon bladder tank and related piping and fittings located inside the mechanical room of the health center. Chlorination equipment with flow proportional feed that is currently not in use due to current suitable water quality results.

1.1.4. All work, sampling and testing shall be performed by personnel specifically qualified and trained to complete tasks described herein. Evidence of all required licenses, as well as documentation of qualifications of personnel, shall be provided to the Contracting Officer Representative (COR) prior to award of the contract.

1.1.5. If during the maintenance and/or service, it is found that any parts of equipment require replacement the Contractor shall advise the COR, of the materials needed together with his quotation of cost for furnishing and installing the items.

Additional work shall not be accomplished without prior consent of the Contracting Officer and issuance of a funding document. These actions will be billed as a separate action and a separate purchase if/when approved. The contractor is not approved to do any additional work without approval.

1.1.6. Emergency services are NOT included under this agreement and are to be billed as a separate action if/when approved. Interested bidders are required to submit their rates in the event of an emergency. The contractor is not approved to do any emergency work without approval.

1.2. Performance Objectives

1.2.1. Contracted well operator shall perform all collection, testing, reporting, and preventive maintenance on the facility well and distribution system necessary to keep the IHS Mid Atlantic Tribal Health Center’s well system and water quality in compliance with the most current Virginia Department of Health standards, Safe Drinking Water Act standards and all other local, State and Federal Regulations pertaining to well operation and water quality in Medical and Federal facilities.

1.3. Deliverables Schedule

Task # Task Name Schedule Task 001 Contact Information/Key

Personnel 5 days after contract award

Task 002 Contract Performance Management

Minimum of 3 meetings (Contract Award, Semi-

Task # Task Name Schedule Annually, Contract Anniversary)

Task 003 Preventative Maintenance and Water Testing Plan

5 days after contract award

Task 004 Monthly Operations Report 10 calendar days after services are rendered

Task 005 Service Reports To be completed for every nonscheduled service action at the point of the service

Task 006 Logs At the point of service

Task 007 Travel Provision Every service call, maintenance, test and inspection

1.6. Period of Performance

1.6.1. The period of performance for this PWS/SOW shall run as follows:

1.6.1.1. December 15, 2025 through December 14, 2026

1.6.2. Should these dates change, the Contracting Officer will issue a modification to the contract reflecting the corrected date. The Contractor is required to proceed as originally scheduled until such modification is issued. The Contracting Officer is the only official authorized to make changes to the contract.

1.7. Key Personnel

1.7.1. Well Operator

1.7.1.1.The Contractor shall submit a list of the points of contact pertaining to maintenance and service calls. Submission shall include the person’s name, phone number, email and address for correspondence.

1.7.1.2. Reporting Procedures

1.7.1.2.1. All contractors must check into the clinic front desk. Contractors will need to report to the COR each working day prior to beginning any work within the facility. Available Clinic Staff will escort the contractors throughout the facility. The contractor will need to provide a debrief at the end of workday to the COR and/or designee.

1.8. Place of Performance

1.8.1. The work shall be performed at the Indian Health Service Mid Atlantic Tribal Health Center located at 2401 Roxbury Rd, Charles City VA 23030.

1.9. Contracting Officer Representative (COR) Authority

1.9.1. In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the

Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed.

2. Post Award Meeting

2.1. The Contractor shall not commence performance on this contract until the

Government has conducted a contract kickoff meeting/post-award conference or the COR has advised the Contractor that a kickoff meeting is waived, and the Contracting Officer has issued a notice to proceed.

3. General Requirements

3.1. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3.2. The Government shall complete their review of draft deliverables within 5 business days from date of receipt. The Contractor shall have 5 business days to deliver the final deliverable from date of receipt of the Government’s comments.

3.3. The Contractor shall prepare a detailed water quality surveillance plan, and Preventative Maintenance Plan (PMP). For every task, the Contractor shall identify in writing all necessary subtasks (if any), associated costs by tasks (if applicable), and associated dates.

3.4. The Contractor is expected to maintain compliance with all relevant authorities, and is responsible for renewing permits, tracking regulatory updates and updating all relevant required actions within specified timelines.

3.5. All system maintenance will be in strict adherence with the manufacturer’s recommendations and shall adhere to all relevant and current plumbing, sanitary code as it pertains to well operation and distribution equipment.

3.6. All work at the Clinic must be scheduled with Contracting Officer’s Representative (COR) and/or members of the Mid Atlantic Tribal Health Center’s Staff prior to being completed.

3.7. Contractor shall conduct monthly site visits for operation and inspection of well, pumps, bladder tank, treatment system and distribution system.

3.8. Perform required bacteriological sampling in accordance with VDH monitoring plan; collect, analyze and report monthly.

3.9. Measure disinfectant residuals in accordance with VDH monitoring plan; collect, analyze and report once every three years.

3.10. Perform lead and copper monitoring in accordance with VDH & VDH monitoring plan; collect, analyze and report five samples every six months, for two six-month periods sampled from 5 sites approved within the Lead and Copper Materials Survey.

After 2025, sampling requirements will be based on results of samples collected and to be specified by VDH authorities.

3.11. Perform volatile organic chemical VOC monitoring in accordance with monitoring plan; collect, analyze and report once every three years.

3.12. Perform nitrate-nitrite sampling in accordance with monitoring plan; collect, analyze and report once every year.

3.13. Perform inorganic sampling in accordance with monitoring plan; collect, analyze and report once every three years.

3.14. Perform PFAS sampling in accordance with monitoring plan; collect, analyze and report twice every year.

3.15. Perform water meter readings in accordance with monitoring plan; read and report monthly.

3.16. Perform backflow preventer testing annually in accordance with Virginia State law.

3.17. Perform any other water quality, testing, or reporting action as required or modified by relevant authorities in order to remain in compliance with all latest guiding laws and regulations.

3.18. Certifications.

3.18.1. Well Operator.

3.18.1.1. The Contractor shall provide a Class 6 license or higher operator as required by VDH. If VDH mandates a higher license class during the contract period, the Contractor shall comply by providing a qualified operator within 30 days of notice.

3.18.2. Water Testing Laboratory

3.18.2.1. All water quality testing or analysis shall be performed by a state certified and licensed laboratory. Contractor shall provide certifications of proposed laboratory licensing prior to the beginning of the contract.

3.19. Contractor shall provide all necessary equipment, materials, parts and labor to perform required water collection, testing, treatment (if required), reporting, and system maintenance.

3.20. The contractor shall provide new parts and components when providing the services described herein. All replacement units, parts, components and materials to be used shall be compatible with the existing equipment on which it is to be used;

shall be of equal or better quality than original equipment specifications; shall comply with applicable Government, commercial, or industrial standards. If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract shall equal or exceed the updated quality. The Contractor shall retain the parts replaced for at least 30 working days after completion of the job and make these parts readily available for inspection by the COR or designated Government representative upon request. When disputes arise concerning material, equipment, and components selected work items already accomplished, the Contractor shall, at no cost to the Government, remove, replace, and/or rework material, equipment, and components so that compliance with the Government’s requirements are satisfied.

3.21. All workmanship shall meet the standards specified and shall be accomplished in conformance with approved and accepted standards of the industry; equipment manufacturers; all applicable activity; local, state, and federal standards; and all applicable building and safety codes.

3.21.1. During and at completion of work, debris shall not be allowed to spread unnecessarily in adjacent areas and shall not accumulate in the work area itself. All such debris, excess material, and parts shall be cleaned up and removed at the completion of the job and at the end of each day work is in progress.

3.22. All maintenance and permanent records shall be provided by the Contractor to the Government. A computerized preventive maintenance and water testing schedule shall be provided and shall describe the protocol for preventive maintenance of equipment and water sample collection.

3.23. General Services provided shall be done in the following ways:

3.23.1. Preventative Maintenance, Water Testing

3.23.1.1. Maintenance shall be completed in such a way to maintain operational integrity of the well system.

3.23.1.2. Service shall not include the performance of any work due to improper use, accidents, or negligence for which the contractor is not responsible or has been shown to be the result of negligence on behalf of the Government. In such an instance, costs associated with such items shall not be considered part of this contract.

3.23.1.3. A report outlining all maintenance completed as part of the Preventative Maintenance Plan shall be furnished to IHS no later than ten (10) days after work has been completed. Should a part or portion of the system be found to be inadequate, impairs the system or creates a life safety hazard, this item shall be reported to IHS Engineering staff, or Clinic Safety Officer (in this order) prior to leaving the IHS facility.

3.23.1.4. Water sampling, testing, treatment shall follow all required mandatory rules, laws and/or best practices as established by VDH, EPA Clean Water Act and any other relevant authority to health care operations. A monthly report shall be provided which will include, but not limited to; monthly meter readings, pressure readings, well pump output, samples collected, water quality testing results, results of field tests, pertinent comments. All actions deviating from specified PM and water quality testing schedule must be approved by COR.

3.23.1.5. For all parts and equipment replaced under PM or that is covered under the preventative maintenance agreement shall carry a minimum one-year warranty or shall adhere to the manufacturer’s warranty, whichever is greater.

3.24. Logs

3.24.1. The contractor shall maintain a log in the clinic mechanical room. The log shall list the date and time of all sample collections, results, compliance requirements, maintenance actions, condition of the system, and name of the technician.

3.24.2. Each log shall be completed immediately after services have been rendered.

3.24.3. A report detailing all work completed and/or components that have been replaced shall be furnished by the contractor to the Government prior to leaving the facility after services have been rendered.

3.25. The contractor shall conduct all research and provide all resources required ensuring a smooth transition from the incumbent maintenance contractor, in accordance with the contract requirements should this occur.

4. Specific Mandatory Tasks and Associated Deliverables

Task # Task Name Description

Task 001 Contact Information/Key Personnel/Contractor Personnel Requirements

The Contractor shall provide contact information for a primary and secondary contact (phone number and email) for IHS engineering staff for all service calls, testing, maintenance, monitoring. See the following section(s):

Section 1.7 Key Personnel; Contractor Personnel Requirements

Task 002 Contract Performance Management

See the following section(s):

Section 2. Post Award Meeting; Section 12. Quality Control; Section 13. Performance Evaluation Meetings

Task 003 Preventative Maintenance and Water Testing Plan

Shall contain details indicating the maintenance that will be scheduled for each device. Shall contain a schedule of all required water testing. It shall the note the frequency, method, and indicate whether any shutdowns, notifications, or testing are required for the execution of PM. Copy of plan shall include one electronic and hard copy submitted to the Contracting Officer (CO) and Contracting Officer’s Representative (COR).

See the following section(s):

Section 3.12.1 Preventative Maintenance

Task 004 Monthly Operations Report The Contractor shall deliver monthly operations reports indicating the preventative maintenance that has been conducted, note any deficiencies that were noticed during inspection, detail the work that was completed on the individual devices, indicate whether further work is needed on the device that is outside of the purview of preventative maintenance, detail the inspector and technician conducting the work, signature of the technician certifying the work.

Task # Task Name Description Reports shall be submitted for all work conducted on the system either by report or log. Report submissions shall consist of one hard copy and one electronic copy. See the following section(s):

Section 3.12.1. Preventative Maintenance

Task 005 Technician Certification See the following section(s):

Section 1.7 Key Personnel

Task 006 Travel / Parking Provision See the following section(s):

Section 6 Travel; Section 10.2.4 Parking

5. Documentation

5.1. ALL Installation and Deficiency Tags shall be installed on systems.

5.2. All service reports shall include at a minimum: list of impacted devices, system verification results, procedures, and locations of all devices and equipment and date the service was completed.

5.3. Contractor will sign in and out each time their personnel report onsite to Clinic to execute work under this contract. Upon arrival on station all personnel will report to Clinic front desk and sign out again upon leaving for the day.

6. Travel

6.1. The contractor is responsible for providing transportation/travel for all materials, supplies, personnel and all items needed for the duration of this contract unless stated otherwise elsewhere.

7. Government Responsibilities

7.1. The Government shall provide access to the facilities as necessary for maintenance and service calls and responses to commence. The IHS Engineering or Clinic staff will also provide notification of any systems outages, testing or downtime to affected IHS staff.

7.2. Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from IHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

8. Contractor Personnel Requirements

8.1. All qualified, experience, and license personnel for the service will be provided by the contractor.

8.2. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the IHS.

8.3. Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

8.4. Smoking: Employees are strictly prohibited from smoking anywhere on the medical campus.

9. Protection of Person and Property

9.1. The contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work.

9.2. The contractor shall continuously maintain adequate protection of all work from damage and shall protect the Clinic property from injury of loss arising in connection with this contract. The contractor shall make correct and make whole any such damage, injury or loss, except as may be by agents or employees of the Clinic.

9.3. In an emergency affecting the safety or life of individuals, or of the work, or of adjoining property, the contractor, without special instruction or authorization from the Clinic, is hereby permitted to act, at the contractor's discretion, to prevent such threatened loss or injury. Also, should the contractor, in order to prevent threatened loss or injury, be instructed or authorized to act by the Clinic he shall so act, without appeal. Any additional compensation or extension of time claimed by the contractor on account of any emergency work shall be determined by mutual agreement.

10. Security Requirement

10.1. All contractor personnel must check-in with their designated IHS point of contact or other identified staff prior to beginning any work.

10.2. Physical Security & Safety Requirements:

10.2.1. All contractor personnel must check-in with their designated IHS point of contact or other identified staff prior to beginning any work. They shall sign in at the Clinic front desk when entering the building and state the purpose of the visit upon meeting with their designated IHS point of contact.

10.2.2. The Contractor and their personnel shall follow all IHS policies, standard operating procedures, applicable laws and regulations while on IHS property. Violations of IHS regulations and policies may result in citation and disciplinary measures for persons violating the law.

10.2.3. The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

10.2.4. Parking. IHS provides parking spaces at the work site. It is the responsibility of the Contractor to park in the appropriate designated parking areas. IHS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

10.2.5. Smoking is prohibited inside/outside any building.

10.2.6. Possession of weapons is prohibited.

10.2.7. The Contractor shall obtain all necessary licenses and/or permits required to perform the work, except for software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

10.3. Access To IHS Information And IHS Information Systems

10.3.1. A Contractor/Subcontractor shall request logical (technical) or physical access to IHS information and IHS 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.

10.3.2. All Contractors, Subcontractors, and third-party servicers and associates working with IHS information are subject to the same investigative requirements as those of IHS appointees or employees who have access to the same types of information.

11. Confidentiality and Nondisclosure

11.1. It is agreed that:

11.1.1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by IHS which have been generated by the contractor in the performance of this purchase order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the purchase order.

11.1.2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

11.1.3. Press releases, marketing material, or any other printed or electronic documentation related to this contract, shall not be publicized without the written approval of the CO.

12. Quality Control

12.1. The contractor shall meet the following service work quality standards:

12.2. Continuous progress and completion of the work resulting in safe, efficient, and reliable system condition that permits the restoration of system service with limited interruption to Clinic operations.

12.3. Timely reporting of any water quality related issue so as to minimize risk to occupants and users of the Clinic.

12.4. Safe job site during progress of work. Clean job site upon completion of work.

12.5. Unserviceable parts and components removed from Government property unless directed otherwise by the COR.

12.6. The contractor shall provide and maintain an inspection system acceptable to the

COR covering all services under this contract. Complete records of all maintenance and water quality testing performed by the contractor shall be maintained and made available to the COR (through formal report submissions and at Government request) during contract performance and for as long afterward as the contract requires.

13. Performance Evaluation Meetings

13.1. The Contractor and COR will be required to meet at the following intervals:

Contract Award (+/- 10 calendar days) and at the End of the Contract (+/- 10 calendar days). A review will be conducted of any deficiencies noted throughout the contract period and address any outstanding items.

14. Compliance with Applicable Laws/Regulations

14.1. The Contractor shall ensure that services provided to the Government under this agreement comply with all applicable laws, statutes, regulations, and guidelines that govern the operation of systems by the Government. The Contractor shall also ensure that all services provided to the Government under this agreement comply with all Government mandated procedures, standards, and requirements.

14.2. As the Government develops and implements new or modified policies and procedures either to comply with internal agency rules and procedures or to comply with applicable rules, regulations, statutes, or other binding obligations ("Additional Compliance Terms"), the Government reserves the right to incorporate such Additional Compliance Terms into this Agreement. The Contractor hereby acknowledges and agrees that such Additional Compliance Terms shall become part of this agreement. The Government shall provide the Contractor with prior written notice regarding the date by which the Contractor shall comply with each set of Additional Compliance Terms ("Compliance Date"). Failure to comply with the Additional Compliance Terms prior to the Compliance Date shall be cause for the Government to immediately terminate this agreement. In the event that the Government terminates this agreement because of the Contractor's failure to comply with Additional Compliance Terms by the Compliance Date, the Contractor shall be liable for such reasonable costs as may be associated with the Government’s efforts to procure a replacement Contractor and associated systems and services.

15. Safety Requirements

15.1. In the performance of this contract, the Government is seeking a contractor who can take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building.

15.2. The Contracting Officer (CO) or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The contractor, after receipt of such notice, will be required to immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly with such notice, the Contracting Officer may issue an order stopping all or any part of the work and hold the contractor in default.

16. Hours of Operation

16.1. The contractor shall coordinate with the COR and/or Clinic Safety Officer, or

Clinic Leadership to decide when system reverification, maintenance or service can be performed. System reverification, maintenance and service can be performed during normal business hours when it does not interfere with building operations.

When system reverification or maintenance will interfere with building operations; it shall be performed after normal business hours. Normal business hours are between the hours of 7:30 a.m. to 4:30 p.m., 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 closing. The Contractor may for his/her convenience request authorization in advance from the COR to work outside of regular working hours of regular workdays at no additional cost to the facility. Authorization shall be at the discretion of the COR.

16.2. Recognized Federal Holidays:

16.2.1. New Year’s Day

16.2.2. Martin Luther King Jr. Day

16.2.3. Inauguration Day

16.2.4. Washington’s Birthday (President’s Day)

16.2.5. Memorial Day

16.2.6. Juneteenth National Independence Day

16.2.7. Independence Day

16.2.8. Labor Day

16.2.9. Columbus Day

16.2.10. Veterans Day

16.2.11. Thanksgiving

16.2.12. Christmas

16.3. If a holiday falls on Saturday or Sunday it is observed on Friday or Monday, respectively and no work shall be performed on these days without prior approval.

17. Warranty

17.1. The warranty should at a minimum include, but may not be limited to the following:

17.1.1. In addition to any other warranties in this contract, the contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the contractor or any subcontractor or supplier at any tier for a period of one year. Any new equipment, software or installations under this contract will be warranted for three (3) years from date of acceptance.

17.1.2. The Contractor shall remedy at the contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of:

17.1.2.1. The Contractor’s failure to conform to contract

requirements; or

17.1.2.2. Any defect of equipment, material, or workmanship.

17.1.3. The contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work conducted or replaced will run for 1 year from the date of specified service.

17.1.4. The Contracting Officer will notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

17.1.5. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to remedy the failure, defect, or damage at the contractor’s expense.

17.1.6. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the contractor shall:

17.1.6.1. Obtain all warranties that would be given in normal commercial practice.

17.1.6.2. Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;

and

17.1.6.3. Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

17.1.7. In the event the contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers’, or supplier’s warranty.

17.1.8. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that result from any defect in Government-furnished material or design.

18. Invoice and Payment

18.1. Notwithstanding to FAR 52.212-4, invoice shall be billed in arrears, and payment shall be processed upon the receipt of a properly prepared invoice via the Invoice Processing Platform. Payments will be made monthly via EFT (Electronic Fund Transfer) from the IHS Mid Atlantic Tribal Health Center. All invoices shall reference the purchase order number which will be issued by the Contracting Officer.

Contractor shall be responsible for ensuring that there is a correct purchase order number on the invoices. Invoices without purchase order number or with incorrect purchase order number will be rejected.

Water Sampling, Well Operation and Maintenance Contract: Engineering PWS

19. Estimated Devices Totals

19.1. Estimated 42 devices and two water fountains.

Building: Mid Atlantic Tribal Health Center

See Attached Drawing Set

Please note: The facility has recently completed construction. Therefore, all values that have been listed are estimated and have been provided for bidding purposes. These values, model numbers and device types are subject to change.

Security Requirements and Personal Identity Verification Procedures (Non-Classified Contract)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

a. The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

b. The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

c. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

d. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

Qualifications of Employees

a. The Contracting officer or a designated representative may require the Contractor to remove any employee(s) from IHS controlled buildings or other real property should it be determined that the individual(s) are either unsuitable for security reasons or otherwise unfit to work on IHS controlled property.

b. The Contractor shall fill out and cause each of its employees performing work on the Contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. These forms shall be completed electronically. Upon request of the Contracting Officer, the Contractor and its employees shall be fingerprinted.

c. Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or, who presents other evidence from the Immigration and Naturalization Service that employment will not affect his immigration status.

Suitability Determinations

a. All Contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

b. Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

c. Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination. Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badge, and escorted entry, as applicable.

d. Temporary Employees who have not received a favorable suitability determination shall be escorted government at all times while in non-public space, as directed by the CO or designee. The CO or their designee shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

e. The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

f. The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

g. The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

Compliance with Security Requirements

a. The Contractor shall comply with all IHS security requirements in the building(s) where work is being performed. Contractor personnel requiring access to IHS’s Network shall comply with all Federal Information Technology (IT) regulations regarding Trusted Internet Connection (TIC) in conjunction with IHS Division Information Resource Management (DIRM) IT policies, i.e., all IHS IT systems needing network connectivity must reside on the IHS network.

b. When a controlled personnel identification access system is used at a site where work is performed, the Agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the Agency.

c. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.