PWS RFQ 36C24822Q0019.docx

?.## PERFORMANCE WORK STATEMENT

PREVENTION AND CONTROL OF TERMITES’ ACTIVITY AT VA CARIBBEAN HEALTHCARE SYSTEM

1.0 Introduction. This is a non-personal services contract to provide “Prevention and Control of Termites’ Activity 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. The contractor shall perform to the standards of this PWS.

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. In Fiscal Year (FY) 2008, the VA Caribbean Healthcare System registered 66,955 unique patients with 11,428 inpatients treated and provided 927,072 outpatient visits at all clinic areas in Puerto Rico and the U.S. Virgin Islands. The VACHS is located at 10 Casia St. San Juan, Puerto Rico.

1.3 Scope. The Contractor shall perform these requirements in accordance with this PWS, manufacturer's manual, 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. The contractor shall provide Prevention and Control of Termites’ Activity at VACHS.

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. 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 4:00 PM Monday through Friday. The exceptions are Federal Holidays, Good Friday, and/or when the government facility is closed due to local or national emergencies, administrative closings, or similar federal government directed facility closings. The contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons.

2.1.4 Recognized Government Holidays. The Contractor is not 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.

2.1.5 Medical Emergency Services. The Contractor shall make available competent personnel trained and capable of dealing with minor personnel injuries. The contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. In case of emergency the Contractor shall immediately notify the Contracting Officer’s Representative (COR). Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

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 will 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.

2.3.1.1 Performance/Progress Meetings will be held as necessary. There may be occasions when subsequent meetings will be called by either party to reconfirm mutual understandings and/or address deficiencies in the Quality Control (QC) system or procedures which may require corrective action by the Contractor. The Contractor Representative shall meet with the COR and/or CO as required. A mutual effort will be made to resolve all problems identified. The Contractor Representative and the COR shall sign the written minutes of these meetings.

2.3.2 Contract Administration. Notwithstanding the contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the government and the contractor.

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 single 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 Contractor personnel shall be trained and certified to provide the services requested under this PWS.

2.3.5.2 All supervisory/working leader personnel engaged in directing the work to be accomplished under this contract shall possess at least two (2) years of recent experience in directing medical facility Integrated Pest Management type operations in a supervisory capacity for buildings of the approximate size under this contract. Offeror shall have a certification on pest control and shall be fully certified in all pest management categories in which work is to be performed. Contractor shall have a current certification on pest control categories issued by the Commonwealth of Puerto Rico Department of Agriculture. The Contractor shall be licensed by the Commonwealth of Puerto Rico as a pesticide application business (see Act No. 49 of June 10, 1953, Pesticide Act of Puerto Rico, as amended). As part of the technical proposal the Contractor shall submit proof of licensing.

2.3.5.3 Pest Management Professionals (PMP) (Certified applicators) are required in the performance of the work under this contract. The contractor shall furnish a copy of a valid/current certification (showing all categories in which work is to be performed) for each employee under this contract. These documents shall be provided before any work is performed. NOTE: Certification shall mean a current Certificate of Competency in Pest Management in any and all categories or sub-categories as identified. All other definitions are as defined in CER 40 subchapter E, parts 162-180.

2.3.5.3.1 The Contractor shall provide photocopies of current State-issued Commercial Pesticide Applicator Certificates or Licenses in the Category (7), Industrial, Institutional Structural and Health Related Pest Control for every Contractor employee who will be applying on-site pesticides under this contract.

2.3.5.3.1.1 PMP Category (7), Industrial, Institutional, Structural, Health Related Pest Control. Applicators must demonstrate a practical knowledge of a wide variety of pests, including their life cycles, types of formulations appropriate for their control, and methods of application that avoid contamination of food, damage and contamination of habitat, and exposure of people and pets. Since exposure to humans, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors, which may lead to a hazardous condition, including continuous exposure in the various situations, encountered in this category. Because health-related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions, particularly those related to this activity.

2.3.5.3.2 All PMPs working under this service, shall have at least one (1) year of experience working as PMPs in a medical facility.

2.3.5.4 The contractor shall comply with the Joint Commission Accreditation of Health Care Organizations (JCAHO) requirements. To comply with JCAHO 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.

2.3.5.5 The contractor personnel must possess the required Occupational Safety and Health Administration (OSHA) training and certifications to provide the services requested in this PWS.

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. The Contractors 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 current personnel roster listing all employees and the last four numbers of social security number for each to the COR by the 5th day of each month thereafter. Contractor access to the VA facilities will 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.

2.4 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.

2.4.1 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.

2.4.2 The Contractor shall adhere to all applicable Environmental Protection Agency (EPA), National Fire Protection Association (NFPA) Safety Codes, National Pest Control Association’s good practice statements, American National Standards (ANSI), Joint Commission Accreditation of Health Care Organizations (JCAHO), Occupational Safety and Health Administration (OSHA), Department of Agriculture and all other regulatory requirements.

2.4.3 In performance of this contract, the Contractor shall follow Veterans Affairs Central Office (VACO) Directive 7710, Occupational Safety and Health, for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VACHS smoking policy, which designates all space as non-smoking areas.

2.4.4 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.

2.5 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.

2.5.1 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.

2.6 Environmental Requirements.

2.6.1 Executive Orders (EOs) 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis and 13834, Efficient Federal Operations 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 13834 can be found at https://www.federalregister.gov/documents/2018/05/22/2018-11101/efficient-federal-operations.

2.6.2 Environmental Compliance. The Contractor shall comply with all federal, state, local and facility environmental laws, rules and plans.

2.6.2.1 The Contractor shall submit to the COR, prior to the start of the contract, the Safety Data Sheets (SDS) for all potentially hazardous materials to be used under this requirement, and will not use, such materials which have not been cleared in advance with the VACHS. SDS for new chemicals shall be furnished concurrently with arrival of the chemical on site. At a minimum, the contractor shall provide the following:

a. The product trade name

b. EPA registration number

c. Pests targeted

d. Where pesticide will be applied (e.g., indoors, in wall voids, or outside)

e. Projected amount applied per application

f. Number of treatments per year and month treated.

2.6.2.2 All containers holding pesticides shall be properly labeled with the name and strength of the chemical agent therein. All handling and mixing shall be performed by PMPs.

2.6.3 The contractor shall not perform pesticide(s) mixing within the VACHS premises. All chemical mixing, to include mixing with water, shall be performed at the contractor’s site. Contractor is responsible for following all the applicable federal, state, and local laws, regulations, codes, directives, etc. as to an appropriate mixing site.

2.6.3.1 The contractor shall not dispose of any excess pesticide, pesticide containers or any other materials contaminated by pesticides at any location on the VACHS facilities. Disposal of such contaminated waste will be in accordance with the Federal Environmental Protection Agency (EPA), and Commonwealth of Puerto Rico (PR) Regulations Environmental Protection Division regulations governing such disposal.

2.6.3.2 The contractor shall not clean any equipment, container, sprayer, etc. within VACHS premises.

2.6.4 Products shall not contain the selective herbicide, 2, 4-dichlorophenoxyacetic acid or products containing this herbicide are not to be used on the facility grounds. See VHA Directive 1850.02(1), Pest Management Operations, for further details.

2.6.5 Storage of Materials. No pest control materials, chemical substances, and/or equipment shall be stored or kept at the VACHS.

2.7 Physical Security. The Contractor shall protect existing buildings, facilities, utilities, and equipment during working period and will be responsible for any damages resulting from operation and/or execution of this contract. The Contractor shall conduct his operations to cause the least possible interference with normal operations of the government because the facilities will remain in operation during the entire maintenance period.

2.8 Liability and Responsibility for Damaged Property.

2.8.1 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.

2.8.2 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 maintain at all times a general third-party liability insurance policy of not less than $500,000 per event coverage (See FAR Clause 52.228-5).

2.8.3 Damage Reports. The contractor shall submit a damage reports 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.

2.9 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.

2.10 Influenza vaccine.

2.10.1 “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.

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

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

2.11.1.1 Documentation requirements:

2.11.1.1.1 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.

2.11.1.1.2 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.

2.11.1.1.3 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.

2.11.1.1.4 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.

2.11.2 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.

2.11.2.1 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.

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

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

2.11.5 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.

2.12 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 Contractor shall complete a through initial inspection of each building, site, and VACHS premises before any application or work is made. The purpose of the initial inspection is for the contractor to evaluate the pest control needs of all the premises and to identify problem areas and any equipment, structural features, or management practices that are contributing to pest infestations. Access to building space shall be coordinated with the COR.

3.2 The contractor shall submit to the COR, the final Termite Control Plan within 10 business days after contract award. The plan shall be based on the preliminary plan that was submitted during the solicitation phase. This plan will be subject to government evaluation and approval. The contractor shall be responsible for carrying out work according to the approved Termite Control Plan. The Contractor shall receive the concurrence of the COR prior to implementing any subsequent changes to the approved plan, including additional or replacement pesticides and on-site service personnel.

3.2.1 The plan shall outline the 100% identification of termites’ infestations to be treated and a minimum of 90% control rate. The Contractor shall describe methods and procedures to be used for identifying termite’s harborage and access, and for making objective assessments of termite’s population levels throughout the term of the contract. For example: the plan shall outline a detailed description of target termites and the way PMPs will control those pest and locations since the surveillance and control procedure are different at each area, even though the pest remains the same. In addition, the plan shall consider the following:

a. Structural or Operational Change. Description of any structural or operational change that would facilitate the termite control effort. The Contractor shall describe site-specific solutions/recommendations for observed sources of pest food, water, harborage, and access.

b. Trenching. Description of any required trench along the foundation walls and around pillars and/or other foundation elements from grade to the top of the footing. The plan shall indicate the recommended deep and width of the trench.

c. Types of Termites treatments. Description of the termite(s) treatment(s) that will be applied, frequency, and estimated amount. Describe the products that will be used for this service.

d. Ongoing inspections. Describe the procedures that will be in place for ongoing/continuous inspections and its frequency.

e. Re-treatment program. Describe the procedures that will be in place is termites return or if they are not controlled to a minimum of 90%.

f. Equipment. Describe all the equipment that will be used during the performance of this service.

3.3 Scheduling. The Contractor shall provide to the Government their monthly schedule for completing the services under this PWS. The work schedule shall be provided on or before the 25th of each month (i.e. for services to be provided in January, the contractor shall provide the schedule plan on or before December 25). The schedule shall provide detailed information of the areas that will be serviced. The Contractor shall coordinate with the COR, as necessary, to gain access to the areas that will be serviced.

3.3.1 Contractor shall carry out services on the scheduled dates. Changes to the schedule shall be submitted to the COR for concurrence and/or recommendations.

3.3.2 In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, the entire work shall be rescheduled to a date and time satisfactory to the government.

3.4. Pesticides.

3.4.1 The contractor shall use a combination of both non-chemical and chemical control techniques to achieve effective pest management with minimal environmental contamination. Inspect all areas to determine pest management measures that are appropriate and required. Nonchemical control alternatives are preferred that chemical pesticides.

3.4.1.1 The contractor shall select and use of the most environmentally sound pesticide(s), least toxic treatment for an effective control when chemical control methods are necessary. Pesticide(s) shall be applied with precision and restraint.

3.4.2 The contractor shall notify the COR in advanced if poisoned baits are to be used. The notification shall include the dates and locations in which such baits will be used. While in service, inspect all traps and bait trays weekly.

3.5 Emergency Calls/Services. The Contractor shall within 8 hours after receipt of notification by the CO and/or COR, perform Termite Control Services to correct emergency situations. The average emergency calls per year is five (5) or less. Examples of emergencies may include, but not limited to, presence of termites inside offices, emergency room, operating rooms, etc. The contractor shall perform all necessary remediate actions to mitigate the presence of termites in office and clinical areas.

3.6 Reporting.

3.6.1 The Contractor is responsible for supplying, completing, and submitting all reports required or requested by Federal, State, or local ordinances, which pertain to any duties contained in the contract.

3.6.2 At the end of each fiscal year, the contractor must submit a pesticide use report to the COR, including the number of actual applications per month, and amount of product of each chemical applied.

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 Re-perform tasks within 5 working days at no additional costs to the Government

acceptable level Random inspection conducted by the COR Re-perform tasks within 5 working days at no additional costs to the Government

acceptable level

acceptable level Random inspection conducted by the COR Re-perform tasks within 5 working days at no additional costs to the Government

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 5 days, 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 during corrective maintenance and preventive termite’s maintenance services. The checklist shall include every requirement included in the manufacturer’s manual(s), updates, notices and any other requirement from accrediting organizations or agencies, as well as every task required to be performed.

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.

f. Approved work performance shall be defined as 100% of identified species infestations to be treated with an acceptance criteria (AC) of no less than 90% control rate achieved one-month post-treatment. If the AC is not met, it shall be the responsibility of the Contractor to re-treat areas until the control rate is achieved.

5.0 Deliverables

6.0 Related Documents

6.1 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 in 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.

LICENSED PEST MANAGEMENT PROFESSIONAL (PMP): A licensed Pest Management Professional (PMP) (sometimes referred to as a certified PMP) is an individual who has met the skill and competence requirements for those categories of specialization established by the Federal, state, and local governments in which the PMP engages in the trade of pest control. NOTE: A PMP can be certified in one or multiple categories.

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.

6.2 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

29 CFR, Part 1926 Safety and Health Regulations for Construction

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

EO 13834 Efficient Federal Operations

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

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

FIPS PUB 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors

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

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

Act No. 49 of June 10, 1953 Pesticide Act of Puerto Rico, as amended

VACO Directive 7710 Occupational Safety and Health

VHA Directive 1850.02 (1) Pest Management Operations