PWS Air Emissions Testing.docx

Performance Work Statement for Title V Air Emissions Compliance Monitoring

1.0 Scope of work

The contractor shall provide physical air emissions testing, assessment, and reporting for the VA Eastern Colorado Health Care System (ECHCS) facility at 1700 North Wheeling Street, Aurora, CO 80045. The purpose of the work is to ensure ongoing compliance with the facility's Title V air permit. The contractor shall furnish all necessary services, including labor, materials, tools, equipment, and supervision, to meet the requirements of this PWS. Testing equipment used must be removable and cannot be permanently installed on the VA ECHCS stacks.

2.0 Background

The VA ECHCS is required to comply with Title V air emissions permit requirements, which necessitate regular physical air emissions testing, assessment, and reporting. The initial Title V application is attached in the briefcase.

3.0 Tasks and requirements

The contractor shall perform the following tasks:

· Review the existing Title V permit and all applicable regulations to ensure full understanding of the requirements.

· Develop a comprehensive testing and monitoring plan based on the permit requirements. The plan shall include the schedule, specific methods, equipment, and QA/QC procedures.

· Select, operate, and test all appropriate monitoring equipment. All equipment must be portable and cannot be permanently installed on the stacks.

· Perform all necessary calibrations and maintenance on monitoring equipment to ensure accuracy.

· Execute periodic monitoring and testing as specified in the approved plan.

· Establish data management and reporting protocols for the collection and submission of all test results and related data.

· Prepare and submit all required reports, acting as a liaison with the permitting authority when directed by the Contracting Officer's Representative (COR).

· Develop quality assurance and quality control (QA/QC) procedures to ensure all data is accurate and reliable.

· Develop and maintain a compliant air emissions inventory.

· Maintain all calculations as noted in the compliance order.

· Report any instances of non-compliance directly and only to the Contracting Officer's Representative (COR) in writing.

4.0 Deliverables and schedule

The contractor shall provide the following deliverables:

· Within 30 calendar days of contract award:

· A detailed monitoring and testing plan, including a schedule.

· A plan for the installation and testing of removable equipment.

· Standard Operating Procedures (SOPs) for monitoring and data collection.

· Detailed QA/QC procedures.

· Within 7 to 10 calendar days of each monthly testing event:

· A summary report of the monthly air emissions testing, including all data, calculations, and a comparison to permit limits.

5.0 Place and period of performance

· Place: All work will be performed at the VA ECHCS facility, located at 1700 North Wheeling Street, Aurora, CO 80045.

· Period: The period of performance shall be established upon contract award, with monthly testing as a recurring requirement on a set schedule.

6.0 Government-furnished property and information

· The government will provide the initial Title V application, attached in the briefcase.

· The government will ensure that the contractor is granted the necessary access to stacks and other facility locations to perform the required work.

7.0 Contractor qualifications

The contractor shall possess all necessary licenses, certifications, and demonstrated expertise to perform physical air emissions testing, assessment, and reporting in accordance with Environmental Protection Agency (EPA) regulations and the State of Colorado's air quality requirements.

8.0 Points of contact

· Contracting Officer's Representative (COR): Mr Ray Marsh

· Contractor Project Manager: [To be provided by the Contractor]

9.0 Acceptance criteria

All deliverables will be reviewed and accepted by the COR. Acceptance will be based on the accuracy, completeness, and timeliness of the reports and documentation submitted, and adherence to the approved testing and monitoring plan.

10.0 Security and safety

The contractor shall comply with all VA security and safety procedures while on the premises. This includes, but is not limited to, wearing appropriate personal protective equipment and adhering to all site-specific safety protocols.

11.0 Quality Assurance and Surveillance Plan (QASP)

Task Acceptable Quality Level(s)

Monitoring Method(s)

12.0 Monitoring Procedures

· Direct Inspection: The Contracting Officer's Representative (COR) will conduct direct inspections of all contractor deliverables, records, and activities listed in the PWS. This includes reviewing documents, observing procedures, and verifying that all tasks are performed to the 100% Acceptable Quality Level (AQL). Performing at less than AQL will result in violation of the consent order.

· Documentation: All monitoring results, observations, and findings will be documented. Any deficiencies will be recorded and communicated to the contractor for corrective action.

· Corrective Action: The contractor is required to take immediate corrective action for any identified non-compliance. The COR will verify that the corrective actions have been successfully implemented.

12.0 Records Management Obligations

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

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

The term Federal record:

1. includes VA records.

2. does not include personal materials.

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

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

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

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

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

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

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

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

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

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

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

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

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.