PWS Legionella Water Sampling 3 Aug 2022 (FINAL).docx

PERFORMANCE WORK STATEMENT

LEGIONELLA ENVIRONMENTAL WATER SAMPLING AND ANALYSIS AT VA CARIBBEAN HEALTHCARE SYSTEM

1.0 Introduction. This is a non-personal services contract to provide “Legionella Environmental Water Sampling and Analysis at Veterans Affairs (VA) Caribbean Healthcare Systems (VACHS)”. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the required service at VACHS as defined in this Performance Work Statement (PWS), section three (3.0) except for those items specified as Government-furnished property and services.

1.1 Mission. The Facilities Management Service (FMS) provide, operate, and maintain a "State of the art" facility service program in support of our Veterans Health Care System; carry out a program of education and development of personnel involved in the health care environment, promote environmental research and development of technologies in support of health care and provide these services in a cost effective, compassionate, humanitarian and ethical manner.

1.2 Background. The VA Caribbean Healthcare System provides services to a population of 150,000 Veterans in Puerto Rico and the U.S. Virgin Islands. The VACHS is located at 10 Casia St. San Juan, Puerto Rico. 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.

1.3 Scope. The Contractor shall perform these requirements in accordance with this PWS, local, state, and federal laws and regulations, and Veteran Affairs (VA) regulations. In the event of conflict between regulatory guidance, the most stringent requirement shall apply. Primary technical services to be performed by individuals performing professional services in support of environmental programs shall include the requirement to conduct comprehensive environmental sampling and analysis at VA Caribbean Healthcare System.

2.0 General Requirements. This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

2.1.1 Type of Contract. The Government will award a firm-fixed price contract.

2.1.2 Period of Performance. The period of performance for this effort will be a base year of 12 months and four (4) option periods of twelve (12) months each. The base period will be from October 1, 2022, to September 30, 2023. Each option will be exercised at the government’s discretion. In addition, the resulting contract will have an additional option to extend the services for up to six (6) months at the government’s discretion.

2.1.3 Location and Hours of Work. The Contractor shall perform the services at VACHS during the core hours of operation from 7:00 AM to 4:00 PM Monday through Friday, except on Federal Holidays.

2.1.4 Recognized Government Holidays. The Contractor will not be required to work on the legal public holidays listed below. Holidays occurring on weekends will be observed as directed by the published United States Office of Personnel Management (OPM) calendar.

2.2 Business Relations. The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, submittals, timely identification of issues, and effective management of subcontractors, if any. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel. Within the bounds of acquisition policy, the VACHS intends to work to find solutions that will be beneficial to both the Government and its Contractors.

2.3 Contract Administration and Management

2.3.1 Post Award Conference/Performance Evaluation Meetings. Post Award Conference / Performance Evaluation Meetings. The Contractor may be required to attend a post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. This meeting may be conducted virtually. Written minutes of such meetings shall be recorded by the Contractor and signed by the Program/Project Manager and the CO and/or COR and distributed within five (5) workdays after the meeting.

2.3.2 Contract Administration.

2.3.2.1 Contracting Officer (CO). The CO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely in the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and solely at the risk of the contractor. All contract administration will be effected by the CO. Communications pertaining to contractual administrative matters shall be addressed to the CO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the CO authorizing such changes.

2.3.2.2 Contracting Officer's Representative (COR). In accordance with Veteran Affairs Acquisition Regulation (VAAR) Clause 852.270-1, Representatives of the Contracting Officers, the CO reserve the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation shall be furnished to the contractor.

2.3.3 Contractor Employees. The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work specified herein. The contractor shall ensure the labor categories/occupation code as defined by the Department of Labor are aligned to those tasks delineated in this PWS. The contractor shall comply with the minimum rates established in the applicable wage determination for this service. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

2.3.3.1 Contractor Identification. All contract personnel shall be identified as a Contractor (i.e., badge, company logo, or uniform). All contract personnel are required to identify themselves such that they avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all correspondence (documents, emails etc.) or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

2.3.4 Key Personnel. The contractor shall provide a point of contact to administer this contract. All key personnel shall have means of verbal and e-mail communication with the COR. Key personnel and alternates must be able to communicate fluently in English both verbally and in writing.

2.3.5 Personnel Qualification:

2.3.5.1 The Contractor shall provide one 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. Individuals responsible for sample collection should have competency up to date. Contracted sampler competency must be evaluated at least annually or when new contract is implemented.

2.3.5.2 HPC Analysis. HPC collections shall be performed by a Puerto Rico Department of Health (PRDH) license certified drinking water sampler.

2.3.5.3 The contractor shall comply with The Joint Commission Accreditation (TJC) requirements. To comply with TJC requirement, the contractor shall provide written confirmation that employees are competent to perform the task as described in this Performance Work Statement. This written confirmation shall specify in which areas each contract employees are competent.

2.3.5.4 The contractor personnel must possess the required Occupational Safety and Health Administration (OSHA) training and certifications to provide the services requested in this PWS. The contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work.

2.3.5.4.1 Personal Protective Equipment. The Contractor shall provide personal protective equipment (PPE) and attire to all employees, when required by Federal State and local regulations and require employees to use it while in the performance of their duties as necessary. The Contractor personnel shall take safety precautions as necessary to protect the lives and health of occupants of the building while in the performance of this contract.

2.3.6 Standards of Conduct. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substances. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The contractor shall remove, from the job site, any employee for reasons of misconduct or security. The contractor shall ensure employee conduct complies with 41 U.S.C. 423, Procurement Integrity. The contractor shall also ensure that no contractor employees conduct political related activities or events on VACHS facilities.

2.3.7 Contractor personnel and property shall be subject to search and seizure upon entering and leaving the confines of VACHS facilities. The Contractor shall be responsible for assuring that all personnel authorized to perform work under this contract obtain facilities’ access as required. The Contractor shall provide a personnel roster listing all employees and the last four numbers of social security number for each one. The Contractor shall maintain an updated listing at all times. New employees shall comply with the minimum requirements listed in this PWS. Contractor access to the VA facilities shall be exclusively for work in connection with this contract.

2.3.8 Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor's responsibility to assure compliance with this PWS and requirements referenced in this contract. Provisions provided in the PWS are not intended to relieve the Contractor of this responsibility.

2.3.9 Contractor personnel may be required to interrupt their work at any time so as riot to interfere, with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

2.3.10 Health and Safety. The contractor and its subcontractors, if any, shall comply with Public Law 91-596, Occupational Safety and Health Act (OSHA). In addition, the contractor shall comply with 29 CFR 1910, Occupational Safety and Health Standards, 29 CFR 1926, Safety and Health Regulations for Construction, and all other applicable federal, state, and local requirements for protecting the safety of the contractor's employees, building occupants and the environment. All applicable standards of the OSHA shall be followed when working in accordance with this project.

2.3.11 Occupants Safety. The contractor shall take all safety precautions and safety measurement necessary to protect the lives and health of occupants of the building and user of the equipment. No process or materials shall be employed in such a manner that they will introduce additional hazards into occupied space. In addition, shall have in place and be responsible of enforcing it, a safety program/procedure, which shall be followed by their employees in the performance of their duties.

2.3.11.1 In performance of this contract, the Contractor shall follow Veterans Affairs Central Office (VACO) Directive 7710, Occupational Safety and Health, for safe work practices. The Contractor shall comply with VACHS smoking policy, which designates all space as non-smoking areas.

2.3.12 The Contractor is responsible to identify, provide and maintain all personal protective equipment (PPE) required to perform the duties outlined in the contract. In addition, the contractor is responsible for identifying and providing all applicable safety programs (i.e., lockout/tag out, universal precautions, etc.) required to perform the work. Training on required safety programs and the proper use of PPE's shall be provided, and documentation maintained by the contractor.

2.3.13 Injury or Accident Reporting. The Contractor shall maintain an accurate record of accidents resulting in injury or death and accidents resulting in damage to government property, supplies, and equipment.

2.3.14 As defined by OSHA, EPA, ANSI, and all other regulatory requirements any incident of a major malfunction, accident or injury, a written report shall be submitted by the Contractor to VACHS within five (5) working days following the incident. The report shall state the cause, what, where and when and why the incident happened and the repairs and tests that were or are to be made to correct the cause of the incident.

2.4 Laboratory Requirements.

2.4.1 Laboratories that process the water samples for Legionella shall have experience in microbial testing of potable water and shall be accredited and proficient for culture detection and for polymerase chain reaction (PCR) detection. In addition to culture methodology for Legionella detection, VA Medical Center facilities may choose to first have water samples tested by PCR to screen for negative samples. Laboratories that process water samples for microbiological testing must be accredited by a recognized regional, national, or international accrediting body as follows:

2.4.1.1 In accordance with a laboratory accreditation standard (e.g., ISO/IEC 17025:2017, General Requirements for the Competence of Testing and Calibration Laboratories). Examples of such accrediting bodies include the National Environmental Laboratory Accreditation Program (NELAP); the American Association for Laboratory Accreditation (A2LA); and the Environmental Microbiology Laboratory Accreditation Program (EMLAP).

2.4.1.2 Include Legionella testing method(s) that will be used on facility water samples in the laboratory’s scope of accreditation, as documented on the laboratory’s accreditation certificate.

2.4.1.3 Further laboratory processing of samples can no longer be performed; the contract is subject to termination without penalty to the government.

2.4.2 The laboratory shall demonstrate proficiency with the Centers for Disease Control (CDC) and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program or the Public Health England (PHE) Legionella External Quality Assessment (EQA) scheme at performing the culture of Legionella from environmental samples. If PCR will be used in addition to culture, then the laboratory also must demonstrate proficiency at PCR detection of Legionella from environmental samples by the CDC-recognized lab conducting proficiency testing (currently the Wisconsin State Laboratory of Hygiene (WSLH) or by the PHE EQA Legionella molecular scheme. The method(s) used by the laboratory on the samples that the VA medical facility uses to determine Legionella positivity is to be the same method(s) used by the laboratory for proficiency testing. The selected contracted laboratory must submit evidence of the ELITE or PHE EQA Laboratory Certification and any related documentation supporting the compliance with the program.

2.4.3 The PCR method utilized must be able to detect the genus Legionella, not just L. pneumophila. PCR products that include methods to distinguish alive versus dead Legionella, is not allowed by VHA policy. If a water sample is positive by PCR, or if the laboratory reports the PCR result as indeterminate, then the same water sample must be processed for culture detection of Legionella to determine if living Legionella are present. The testing laboratory should store appropriately the environmental isolates at least temporarily until PCR results are available, in case the sample will need to be processed by culture. Use of point of use PCR kits that do not meet the laboratory requirements is not permitted.

2.4.4 The laboratory shall be capable of performing culture Legionella tests using a detection limit no higher than 1 CFU/ml. Laboratories must also be able to determine if the Legionella detected in environmental samples is the species Legionella pneumophila serogroup 1.

2.4.5 Heterotrophic Plate Count (HPC) Laboratory Analysis Requirements. The use of routine HPC testing performed by an accredited laboratory is used as a biological indicator method in the cooling tower systems. The method used for total aerobic bacteria can be by commercially available dip slides, or accredited lab analysis for HPC. The lab accreditation should be determined by a recognized regional, national or international accreditation body (eg, NELAP, AALA) Acceptable dip slide methods are ones that test for total aerobic bacteria (or similar description for testing microbial activity) and are marketed for testing cooling tower water systems. Water sampling and slide processing must be in strict adherence to manufacturer’s protocols.

2.4.5.1 The contractor shall ensure that the laboratory is certified by the Puerto Rico Department of Health (PRDH) as a license certified drinking water lab.

2.4.5.2 The laboratory shall follow methods approved by U.S. Environmental Protection Agency (USEPA).

2.4.6 The contractor shall always use an accredited laboratory as indicated in this PWS.

2.5 Environmental Requirements.

2.5.1 Executive Orders (EOs) 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis and 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability applies to this service. A copy of EO 13990 can be found at the Federal Register webpage at https://www.federalregister.gov/documents/2021/01/25/2021-01765/protecting-public-health-and-the-environment-and-restoring-science-to-tackle-the-climate-crisis; EO 14057 can be found at https://www.federalregister.gov/documents/2021/12/13/2021-27114/catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability.

2.5.2 Environmental Compliance. The Contractor shall comply with all federal, state, local laws, rules and regulations. In addition, the following VA directives, guidance, and standards are applicable to this service:

2.5.2.1 VHA Directive 1061: Prevention of Healthcare Legionella Disease and Scald Injury from Potable Water Distribution Systems, current edition. https://www.va.gov/VHApublications/publications.cfm?pub=1&order=asc&orderby=pub_Number

2.5.2.2 Guidance Document GD-1061-3.0 Routine Environmental Sampling of Building Potable Water Systems for Legionella and Other Parameters in Water in Accordance with VHA Directive 1061 http://vaww.hefp.va.gov/sites/default/files/files/2021-04/Guidance%20Document_Routine%20Legionella%20Testing%20for%20Buildings_April%202021.pdf

2.5.2.3 VHA Engineering Standard ES-2019-001 Cooling Tower Water Systems http://vaww.hefp.va.gov/sites/default/files/files/202104/2021.02.22%20Standard%20Document%20-%20Cooling%20Tower%20Water%20Systems.pdf

2.6 Physical Security. The Contractor shall protect existing buildings, facilities, utilities, and equipment during working period and shall be responsible for any damages resulting from operation and/or execution of this contract.

2.7 Liability and Responsibility for Damaged Property.

2.7.1 Damage to Government Property. The contractor shall be held responsible for cleaning up all spillage and/or leakage at no additional cost to the government. The contractor shall be held liable for damage or destruction of Government property (e.g., buildings, vehicles, sidewalks, fences, etc.) caused by the contractor, contractor personnel or representatives of the contractor in the performance of services on this contract. The contractor shall submit their damage report to the COR within 24 hours of damage and shall include the repairs and corrective action plan, as applicable. If the contractor fails to take the required corrective action, the government retains the right to exercise other rights or remedies available to the CO.

2.7.2 Damage to Privately-Owned Property. The Contractor shall be held liable for damage or destruction of privately owned property (e.g., privately owned vehicles), as defined in this PWS, caused by the contractor, contractor personnel or representatives of the contractor in the performance of services in this contract. The contractor shall take corrective action within 5 working days to repair damages or replace destroyed property. Contractor shall purchase and always maintain a general third-party liability insurance policy of not less than $500,000 per event coverage (See FAR Clause 52.228-5).

2.7.3 Damage Reports. The contractor shall submit a damage report to the CO and designated representative within 24 hours of damage or destruction to government property or privately owned property caused by the contractor, contractor personnel or representatives of the contractor. The damage report shall detail the facts and the extent of damages or destruction, and the corrective action taken by the contractor to repair damages or replace destroyed property.

2.8 Fraud, waste, and abuse. The Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor occupied work area(s). Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste, and abuse, or other intentionally dishonest conduct against the government observed during or in the performance of this contract. The contractor lines of communication are with the COR and the CO.

2.9 Influenza vaccine.

2.9.1 “Flu Shot” is mandatory for all VHA employees and contractors as per VHA Directive 1192.0. Contractor shall provide a list of employees under contract performance with their vaccination compliance. This requirement is to be submitted annually. Employees and Contractors who are not vaccinated as per authorized exclusions on VHA Directive are to be documented as such and always required to wear healthcare face mask while on VHA premises.

2.10 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

2.10.1 Contractor employees who work in or travel to VHA locations must comply with the following:

2.10.1.1 Documentation requirements:

2.10.1.1.1 If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2.10.1.1.2 If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

2.10.1.1.3 Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

2.10.1.1.4 Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2.10.2 Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

2.10.2.1 Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2.10.3 Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

2.10.4 All contractors’ employees and its representative, to include subcontractors, are required to wear surgical masks face covering during their time at the VACHS.

2.10.5 Vendors that are located outside of Puerto Rico must comply with the entry requirements established by the Government of Puerto Rico and by VACHS to access the hospital premises. Requirements may vary; therefore, the contractor shall comply with the stringent one.

2.11 Addition and/or removal of work areas and services. VA reserves the right to add and/or remove locations within this contract. All changes, if any, will be made via a supplemental agreement to the contract.

3.0 Performance Requirements. The following section specifies the Performance Objectives and Performance Elements for the contract.

3.1 The Contractor shall provide Legionella Sampling and Analysis services to monitor Legionella at the facility’s water supply system in order to maintain the system in a functional, capable, safe, efficient and economical condition. Required Legionella sampling of water supply and public distribution water system under this contract are listed in Technical Exhibit 1. The contractor shall coordinate all services with the COR prior to conduct any service.

3.2 Contractor shall be responsible for collecting Legionella 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 in a timely manner.

3.3 Legionella Collection and Testing. A total of 500 samples by culture and 80 by PCR per period shall be collected for Legionella (routine and re-test). Laboratories must determine if the Legionella detected in environmental samples is the species Legionella pneumophila serogroup 1.

3.3.1 The contractor shall perform Legionella sampling collection on the dates selected by VACHS or as needed. Sample location will be designated by the VACHS Facility Management Service (FMS) Environmental Regulatory Section (ERS). Samples will be properly taken, handled, stored, transported and identified in accordance with proper procedures for Legionella environmental water sampling.

3.3.2 Legionella Sampling: On a monthly basis or as needed, the contractor shall collect and analyze potable and non-potable water samples for Legionella. Positive samples may require re-testing to confirm positive detection in the areas or after remedial actions have been implemented. The amount of re-test samples and location areas will be determined by the COR.

3.3.3 In the event of a positive Legionella or HPC water sample or water samples exceeding a maximum contaminant level, additional services will be required. The Government will need to collect samples immediately following a notification of exceedance. This action will require the contractor to conduct sampling collection within 24 hours of notification by COR.

3.4 HPC Collection and Testing. A total of 180 samples per period shall be collected for HPC (routine and re-test).

3.4.1 The contractor shall perform HPC sampling collection on the dates selected by VACHS or as needed. Sample location will be designated by the VACHS Facility Management Service Environmental Regulatory Section (ERS). Samples will be properly taken, handled, stored, transported, identified and labeled in accordance with proper procedures for HPC environmental water sampling. HPC water samples shall be tested by an accredited microbiological lab by a recognized regional, national or international accrediting body (e.g., NELAP, AALA). Samples shall be analyzed using the US EPA Method SM9215B.

3.4.2 HPC sample must be processed by the laboratory as soon as possible after it is collected, and temperature control during transport is critical. Samples held for longer than 24 hours will be considered invalid. Samples are to be collected for 100 ml, or as required by the laboratory and the analytical method. The laboratory shall be able to report up to ≥100,000 CFU/ml for HPC.

3.4.3 HPC Sampling: The contractor shall perform HPC sampling every two (2) weeks or as needed. The contractor shall collect and analyze from the cooling tower systems. Positive samples may require re-testing to confirm positive detection in the areas or after remedial actions have been implemented. Contractor shall be available to conduct re-sampling after 3-7 days post remediation. The amount of re-test samples and location areas will be determined by the COR.

3.5 Reports. The contractor shall provide sampling and analysis reports and submit them to the COR by email after completion of each task. 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. Reports shall include the following information at a minimum:

a. Unique sample number (i.e., VACHS-XXXX)

b. VACHS Clinic/program area Identification

c. Legionella/HPC Analysis

d. Analytical Test Method

e. Detection Limit

f. Sample Result (CFU/ml for culture, Detected or Note detected for PCR) and presence of Legionella species (serogroup)

g. Maximum Holding Time/Preservatives (If applicable)

h. Date Collected

i. Date Received

j. Date Analyzed

k. Date Reported

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

3.6 Legionella Analysis: Microbiological examination of samples will begin promptly upon arrival to the laboratory. Samples will be cultured the day of delivery and read after 24 hours of incubation. The contractor will not allow the time elapsing between sample collection and examination to exceed 24 hours. The contractor will analyze the samples within the legal holding time as specified in the analytical method. The contractor will analyze emergency samples and faxed results within 24 hours, when allowed by the analytical method, and 48 hours for all others.

3.6.1 The contractor shall provide preliminary sample results for positive, special, or emergency samples to VACHS San Juan immediately email address (SAJFMSEnvironmentalRegulatory@va.gov). In addition, upon request, the contractor will email or send hard copies of the sample analysis final reports to VA Caribbean Healthcare System Facility Management Service 001FMS Environmental Regulatory Section (ERS) Office C-25, 10 Casia Street San Juan PR 00921.

3.7 RECORDS: The contractor shall be responsible for creating, maintaining required records that are specifically cited in this PWS or required by the provisions of a mandatory directive listed in this PWS. 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.

4.0 Performance Requirements Summary (PRS) Matrix

4.1 The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. The government expects the contractor to perform at a minimum, the identified acceptable levels throughout the life of the contract, and the contractor’s performance shall be given significant consideration when evaluating recommendations for future government contracts and or awards.

4.2 Method of Surveillance: The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL).

acceptable level Random inspection conducted by the COR IAW PWS Paragraph 4.4 & 4.5

acceptable level

4.3 Quality Assurance. The Government will evaluate the Contractor’s performance under the contract, IAW the PRS Matrix. The Government retains the right to inspect and test all services called for by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

4.4 Whenever the COR notifies the contractor of any deficiencies detected in the work performed, the contractor shall correct cited deficiencies within twenty-four (24) hours, or as otherwise authorized by the COR, after the notification in writing by the COR without affecting the regularly scheduled work.

4.5 Upon satisfactory completion by the Contractor and acceptance by the COR of the work completed by the contractor in accordance with this Performance Work Statement, payment will be approved. Failure to complete the work stated in this PWS may result in unfavorable Contractor Performance Assessment Reporting System (CPARS) ratings and/or deduction to be determined by the CO.

4.6 Quality Control. The contractor shall maintain an effective Quality Control Program to ensure services are performed IAW this PWS. The purpose of this program is to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the program shall include the following:

a. The name(s) of the individual(s) who will perform the services described in contract.

b. A checklist used in the inspection and performance verification of the services. The checklist shall include every requirement included in this PWS.

c. A schedule of the dates programmed for the service requested.

d. A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the COR identifies the deficiencies.

e. In addition to providing the documentation at the end of each service, the contractor is responsible to maintain the required documents of all the services conducted by the Contractor and the corrective actions taken. All documentation shall be made available to the Government during the term of the contract.

5.0 Government Furnish Items. No Government furnished items/services will be provided to the Contractor.

6.0 Deliverables

Legionella Sampling Interim Results VACHS San Juan

Legionella Sampling Results Report VACHS San Juan

7.0 Related Documents

7.1 Definitions

CONTRACTING OFFICER (CO): A Contracting Officer is a government employee who has authority to enter into, administer, and or terminate contracts, as well as make related determinations and findings on behalf of the Government. (Note: The only individual who can legally bind the Government.)

CONTRACTING OFFICER’S REPRESENTATIVE (COR) - A representative from the requiring activity appointed by the CO to perform surveillance and to act as liaison to the contractor

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.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with it in the Performance Work Statement

DELIVERABLE: A tangible or intangible object produced as a result of the project that is intended to be delivered to a customer (either internal or external). Examples of a deliverable are a report, a document, a server upgrade, or any other building block of an overall project.

FISCAL YEAR: A period beginning on October 1 and ending September 30 of the consecutive calendar year. The fiscal year is designated by the calendar year in which it ends.

GOVERNMENT FURNISHED PROPERTY (GFP): All equipment, goods and land possessed by the government and subsequently delivered or otherwise made available to the Contractor.

INSPECTION. Examining and testing supplies or services (including, when appropriate, raw materials, components, and intermediates assemblies) to determine whether they conform to contract requirements

MATERIAL. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

MINOR DISCREPANCIES. Problems identified during maintenance checks that do not require significant time or significant materials to correct, such as loose wires or belts, hoses, clamps, coolant additives and other minor adjustments.

NON-PERSONAL SERVICES. The personnel rendering the services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA): Government agency part of the US Department of Labor with the primary responsibility for administrating the Occupational Safety and Health act of 1970. This act has the purpose of preservation of human resource.

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

PROPERTY. All tangible property, both real and personal.

QUALITY ASSURANCE (QA): A procedure or set of procedures taken by the Government to ensure that services acquired under government contracts conform to the contract’s quality and quality requirements.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A plan specifying the surveillance methodology used by the COR for surveillance of the contractor’s performance.

QUALITY CONTROL (QC): Task performed by the contractor to ensure excellence of the organization’s output.

REPAIR. The correction of a malfunction or non-conformance that cannot be accomplished without significant time and/or material, as determined by the COR.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

7.2 Acronyms

6.3 Applicable Directives and Publications

The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

29 CFR, Part 1910 Occupational Safety and Health Standards

40 CFR Part 302 Protection of Environment, Designation, Reportable Quantities and Notification

ASHRAE 12-2000 Minimizing the Risk of Legionellosis Associated with Building Water Systems

AWT Legionella 2019: A Position Statement and Guidance Document

CDC Guidelines for Environmental Infection Control in Health-Care Facilities

CDC Guidelines for Preventing Health-Care—Associated Pneumonia

EO 13990 Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis

EO 14042 Ensuring Adequate COVID Safety Protocols for Federal Contractors

EO 14057 Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability

Federal Standard #313 Material Safety Data, Transportation Data, And Disposal Data, For Hazardous Materials Furnished to Government Activities

HSPD 12 Homeland Security Presidential Directive 12 Policy for a Common Identification Standard for Federal Employees and Contractor

International Code Council International Plumbing Code, Chapter 1 through 6, 2009 Edition

OMB M-05-24 Office of Management and Budget (OMB) Guidance Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors

VACO Directive 7710 Occupational Safety and Health

VHA Directive 1061 Prevention of Healthcare-Associated Legionella Disease and Scald Injuries from Water Systems

Technical Exhibit 1

Estimated Samplings per Period

Technical Exhibit 2

With 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…