S02 Attachments B_C_D_E for RFQ 36C24825Q0340_Asbestos Certification_6 Feb 2025.docx

36C24825Q0340 Combined Synopsis-Solicitation 36C24825Q0340, “Asbestos Abatement Inspection, Monitoring, and Third Party Certification at VA Caribbean Healthcare System (VACHS)”

This document includes:

1. Attachment B:

a. B.1, Price-Cost Schedule

b. B.2, Performance Work Statement (PWS)

c. B.3 – B.17, Blanket Purchase Agreement Terms and Conditions

2. Attachment C, Contract Clauses

3. Attachment D.1, Wage Determination

4. Attachment E, Solicitation Provisions

5. Attachment E.1.1, Instruction to Offerors

Note: Interested vendors are encouraged to read these sections in its entirety. Special attention shall be given to Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (see E.1.1 on page 46).

Table of Contents

ATTACHMENT B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE ITEM INFORMATION

The BPA holder 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 the Performance Work Statement (PWS). The BPA holder shall perform to the standards of the PWS.

Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 562910 - Remediation Services PRODUCT/SERVICE CODE: F108 - Environmental Systems Protection - Environmental Remediation

0001AA

Mobilization of Professional Industrial Hygienist, 8-hour shift, regular working hours in accordance with the PWS.

POP Begin: 03-01-2025 POP End: 02-28-2026

0001AB

Mobilization of Industrial Hygienist Technician, 8-hour shift, regular working hours in accordance with the PWS. Includes 12 PCM Samples.

POP Begin: 03-01-2025 POP End: 02-28-2026

0001AC

Transmission Electron Microscopy (TEM) Samples. Each set includes 13 samples.

POP Begin: 03-01-2025 POP End: 02-28-2026

0001AD

Overtime hours for Professional Industrial Hygienist. This line item covers work hours on Federal holidays and/or weekends.

POP Begin: 03-01-2025 POP End: 02-28-2026

0001AE

Overtime hours for Industrial Hygiene Technician. This line item covers work hours on Federal holidays and/or weekends. Includes 12 PCM Samples.

POP Begin: 03-01-2025 POP End: 02-28-2026

0001AF

Polarized Light Microscopy (PLM) Samples

POP Begin: 03-01-2025 POP End: 02-28-2026

The BPA holder 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 the Performance Work Statement (PWS). The BPA holder shall perform to the standards of the PWS.

Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027

1001AA

Mobilization of Professional Industrial Hygienist, 8-hour shift, regular working hours in accordance with the PWS.

POP Begin: 03-01-2026 POP End: 02-28-2027

1001AB

Mobilization of Industrial Hygienist Technician, 8-hour shift, regular working hours in accordance with the PWS. Includes 12 PCM Samples.

POP Begin: 03-01-2026 POP End: 02-28-2027

1001AC

Transmission Electron Microscopy (TEM) Samples. Each set includes 13 samples.

POP Begin: 03-01-2026 POP End: 02-28-2027

1001AD

Overtime hours for Professional Industrial Hygienist. This line item covers work hours on Federal holidays and/or weekends.

POP Begin: 03-01-2026 POP End: 02-28-2027

1001AE

Overtime hours for Industrial Hygiene Technician. This line item covers work hours on Federal holidays and/or weekends. Includes 12 PCM Samples.

POP Begin: 03-01-2026 POP End: 02-28-2027

1001AF

Polarized Light Microscopy (PLM) Samples

POP Begin: 03-01-2026 POP End: 02-28-2027

The BPA holder 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 the Performance Work Statement (PWS). The BPA holder shall perform to the standards of the PWS.

Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028

2001AA

Mobilization of Professional Industrial Hygienist, 8-hour shift, regular working hours in accordance with the PWS.

POP Begin: 03-01-2027 POP End: 02-29-2028

2001AB

Mobilization of Industrial Hygienist Technician, 8-hour shift, regular working hours in accordance with the PWS. Includes 12 PCM Samples.

POP Begin: 03-01-2027 POP End: 02-29-2028

2001AC

Transmission Electron Microscopy (TEM) Samples. Each set includes 13 samples.

POP Begin: 03-01-2027 POP End: 02-29-2028

2001AD

Overtime hours for Professional Industrial Hygienist. This line item covers work hours on Federal holidays and/or weekends.

POP Begin: 03-01-2027 POP End: 02-29-2028

2001AE

Overtime hours for Industrial Hygiene Technician. This line item covers work hours on Federal holidays and/or weekends. Includes 12 PCM Samples.

POP Begin: 03-01-2027 POP End: 02-29-2028

2001AF

Polarized Light Microscopy (PLM) Samples

POP Begin: 03-01-2027 POP End: 02-29-2028

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. The BPA holder 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 the Performance Work Statement (PWS). The BPA holder shall perform to the standards of the PWS.

Contract Period: FAR 52.217-8 POP Begin: TBD POP End: TBD

3001AA

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Mobilization of Professional Industrial Hygienist, 8-hour shift, regular working hours in accordance with the PWS.

POP Begin: TBD POP End: TBD

3001AB

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Mobilization of Industrial Hygienist Technician, 8-hour shift, regular working hours in accordance with the PWS. Includes 12 PCM Samples.

POP Begin: TBD POP End: TBD

3001AC

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Transmission Electron Microscopy (TEM) Samples. Each set includes 13 samples.

POP Begin: TBD POP End: TBD

3001AD

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Overtime hours for Professional Industrial Hygienist. This line item covers work hours on Federal holidays and/or weekends.

POP Begin: TBD POP End: TBD

3001AE

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Overtime hours for Industrial Hygiene Technician. This line item covers work hours on Federal holidays and/or weekends. Includes 12 PCM Samples.

POP Begin: TBD POP End: TBD

3001AF

CONTRACTOR SHALL NOT PRICE THIS ITEM. FAR 52.217-8, OPTION TO EXTEND SERVICES. Polarized Light Microscopy (PLM) Samples

POP Begin: TBD POP End: TBD

B.2 PERFORMANCE WORK STATEMENT (PWS)

ASBESTOS ABATEMENT INSPECTION, MONITORING, AND THIRD PARTY CERTIFICATION AT VA CARIBBEAN HEALTHCARE SYSTEM

1.0 Introduction. This is a non-personal services Blanket Purchase Agreement (BPA) to provide “Asbestos Abatement Inspection, Monitoring, And Third Party Certification at VA Caribbean Healthcare System (VACHS)”. The government shall not exercise any supervision or control over the BPA holder service providers performing the services herein. Service providers shall be accountable solely to the BPA holder who, in turn is responsible to the government. The BPA holder 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 BPA holder shall perform to the standards of this PWS.

1.1 Scope. The BPA holder 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. The VA Caribbean Healthcare System (VACHS) on San Juan PR, will establish a Blanket Purchase Agreement (BPA) to perform inspection, monitoring, third party certification and related services during asbestos abatement projects on behalf of the government. The BPA holder will perform the necessary monitoring, inspection, testing and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by the abatement work, and that the abatement work proceeds in accordance with asbestos abatement specifications. The BPA holder will not be providing/performing abatement services. See section 3.0 within this document for further details.

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 BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder 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 BPA holder believes that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's responsibility to notify the Contracting Officer (CO) immediately.

2.1.1 Type of Agreement. The Government will award a firm-fixed price Blanket Purchase Agreement (BPA).

2.1.2 Period of Performance. The period of performance for this effort will be a base year of 12 months and 2 (2) option periods of twelve (12) months each. Each option will be exercised at the government’s discretion. In addition, the resulting BPA 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 BPA holder shall perform the services at VACHS during regular working hours, from 7:00 AM to 4:00 PM. However, some services may need to be carried-out after-hours (after 4:00 PM, weekends, and/or Federal Holidays).

2.1.4 Recognized Government Holidays. The BPA holder may be required to work on the following federal holidays:

2.2 Business Relations. The BPA holder shall successfully integrate and coordinate all activity needed to execute the requirement. The BPA holder shall manage the timeliness, completeness, and quality of problem identification. The BPA holder shall provide corrective action plans, submittals, timely identification of issues, and effective management of subcontractors, if any. The BPA holder shall seek to ensure customer satisfaction and professional and ethical behavior of all BPA holder 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 BPA holders.

2.3 BPA Administration and Management

2.3.1.1 Contracting Officer (CO). The CO is the only person authorized to direct changes in any of the requirements under this BPA, and, notwithstanding any provisions contained elsewhere in this BPA, said authority remains solely in the CO. In the event the BPA holder 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 BPA holder. All BPA 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 BPA, executed by the CO authorizing such changes.

2.3.2 BPA holder Employees. The BPA holder shall accomplish the assigned work by employing and utilizing qualified and certified personnel with appropriate combinations of education, training, and experience. The BPA holder shall match personnel skills to the work specified herein. The BPA holder shall ensure the labor categories/occupation code as defined by the Department of Labor are aligned to those tasks delineated in this PWS. The BPA holder shall comply with the minimum rates established in the applicable wage determination for this service.

2.3.2.1 BPA holder Identification. All BPA personnel shall be identified as a Contractor (i.e., badge, company logo, or uniform). All BPA 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 BPA holder are suitably marked as Contractor products or that BPA holder participation is appropriately disclosed.

2.3.3 Key Personnel. The BPA holder shall provide a single point of contact to administer this BPA. All key personnel shall have means of verbal and e-mail communication with the Program Point of Contact. Key personnel and alternates must be able to communicate fluently in English both verbally and in writing.

2.3.4 Personnel Qualification:

2.3.4.1 Professional Industrial Hygienist (PIH). The PIH shall meet the definition requirements of the American Industrial Hygiene Association (AIHA) Professional IH and the definition requirements of OSHA as a “Competent Person” under 29 CFR 1926.58(b); has completed two specialized EPA approved courses on management and supervision of asbestos abatement projects; has completed formal training in respiratory protection and waste disposal; has performed as IH in a minimum of ten (10) asbestos abatement projects of which in at least seven (7) has served as the supervisory IH; has all required state and local licenses and permits; and be registered in the Environmental Quality Board (EQB) as asbestos building inspector/supervisor.

2.3.4.2 Industrial Hygiene Technician (IHT). IHT shall be trained and have specialized field experience in air sampling and analysis. IHT shall have completed a NIOSH 582 course or equivalent and show proof and must participate in the AIHA Asbestos Analysis Registry for fiber counting quality control assurance. The IHT must also be an accredited EPA/State Supervisor and Building Inspector (EQB) and be registered in the EQB as Asbestos Monitoring Technician. IHT shall have performed duties of principal assistant to a Professional IH in at least ten (10) asbestos abatement projects.

2.3.4.3 Supervision: The BPA holder shall arrange for satisfactory supervision of the BPA work. The BPA holder or his on-site supervisors shall be available at all times when the contract work is in progress to receive notices, reports, or request from the Program Point of Contact and/or Government Project Manager.

2.3.4.4 The BPA holder shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

2.3.5 Standards of Conduct. BPA holder personnel’s conduct shall not reflect discredit upon the Government. The BPA holder shall ensure that personnel present a professional appearance. BPA holder’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 BPA holder is responsible for ensuring that any employee(s) providing services under this BPA conduct themselves and perform services in a professional, safe, and responsible manner. The BPA holder shall remove, from the job site, any employee for reasons of misconduct or security. The BPA holder shall ensure employee conduct complies with 41 U.S.C. 423, Procurement Integrity. The BPA holder shall also ensure that no BPA holder employees conduct political related activities or events on VACHS facilities.

2.3.6 BPA holder personnel and property shall be subject to search and seizure upon entering and leaving the confines of VACHS facilities. The BPA holder shall be responsible for assuring that all personnel authorized to perform work under this BPA obtain facilities’ access as required.

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

2.4 Health and Safety. The BPA holder and its subcontractors, if any, shall comply with Public Law 91-596, Occupational Safety and Health Act (OSHA). In addition, the BPA holder 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 BPA holder'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 BPA holder 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 BPA holder shall adhere to all applicable US Environmental Laws and Regulations (EPA), Occupational Safety and Health Administration (OSHA), and the Commonwealth of Puerto Rico applicable regulations.

2.4.3 In performance of this service, the BPA holder 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 BPA holder shall comply with VACHS smoking policy, which designates all space as non-smoking areas.

2.4.4 The BPA holder is responsible to identify, provide and maintain, if required, all personal protective equipment (PPE) needed to perform the duties outlined in the BPA. In addition, the BPA holder 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 BPA holder.

2.5 Injury or Accident Reporting. The BPA holder 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 BPA holder 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 Environmental Compliance. All work shall conform to 40 CFR, Part 763, Asbestos. In addition, the BPA holder shall comply with all other applicable federal, state, local and facility environmental laws, regulations, and plans.

2.7 Physical Security. The BPA holder 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 BPA. The BPA holder shall conduct its operations to cause the least possible interference with normal operations of the government because the facilities will remain in operation during the entire service period.

2.8 Liability and Responsibility for Damaged Property.

2.8.1 Damage to Government Property. The BPA holder shall be held responsible for cleaning up all spillage and/or leakage at no additional cost to the government. The BPA holder shall be held liable for damage or destruction of Government property (e.g., buildings, vehicles, sidewalks, fences, etc.) caused by the BPA holder, BPA holder personnel or representatives of the BPA holder in the performance of services on this BPA. The BPA holder shall submit their damage report to the Program Point of Contact within 24 hours of damage and shall include the repairs and corrective action plan, as applicable. If the BPA holder 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 BPA holder 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 BPA holder, BPA holder personnel or representatives of the BPA holder in the performance of services in this BPA. The BPA holder shall take corrective action within 5 working days to repair damages or replace destroyed property. BPA holder 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).

2.8.3 Damage Reports. The BPA holder 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 BPA holder, BPA holder personnel or representatives of the BPA holder. The damage report shall detail the facts and the extent of damages or destruction and the corrective action taken by the BPA holder to repair damages or replace destroyed property.

2.9 Influenza vaccine.

2.9.1 “Flu Shot” is mandatory for all VHA employees and BPA holders as per VHA Directive 1192.0. BPA holder shall provide a list of employees under BPA performance with their vaccination compliance. This requirement is to be submitted annually. Employees and BPA holders 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 Addition and/or removal of work areas and services. VA reserves the right to add and/or remove locations within this BPA. All changes, if any, will be made via a supplemental agreement to the BPA.

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

3.1 The BPA holder will oversee the project to assure quality, resolve problems, prevent the spread of contamination beyond the regulated area and assure clearance at the end of the project. The BPA holder will perform the final inspection and testing to determine whether the regulated area or building has been adequately decontaminated. All air monitoring is to be done utilizing Phase Contrast Microscopy (PCM), Transmission Electron Microscopy (TEM) and/or a Polarized Light Microscopy (PLM) as necessary. The monitoring and inspection results will be used by VACHS to issue any stop removal orders to the abatement/construction contractor during abatement work and to accept or reject a regulated area or building as decontaminated.

3.1.1 The BPA holder will make available to the government the plan for sample collection and analysis for the continuous monitoring outside and inside the regulated area and the plan for the final inspection and testing for each space prior to executing each plan. The plan will include location for samples, name and qualification of person taking samples, methodology of analysis, laboratory information (TEM samples) and qualification of the on-site analyst.

3.2 Pre-Construction Meetings. The BPA holder will be required to attend to pre-construction meetings discuss the nature of the abatement project and provide recommendations as needed.

3.3 The BPA holder will be required to establish background levels before abatement begins by collecting background samples. Air samples must be analyzed on-site and results must be provided to the Government Project Manager the same day or at the beginning of the next working day (if abatement is conducted after working hours). Samples must be retained for possible TEM analysis.

3.4 Inspect the regulated area prior to the commencement of abatement operations to ensure that abatement specifications requirements such as but not limited to the following are met: enclosure integrity, location of personnel and equipment decontamination facilities, location of negative pressure machine(s), HEPA filtration, continuous pressure differential of -0.02 in wg, etc.

3.5 Perform continuous air monitoring, inspection and testing outside the regulated area during actual Abatement work to detect any faults in the regulated area isolation and any adverse impact of surroundings from regulated area activities. Air samples must be analyzed on-site and results must be provided to the Government Project Manager the same day or at the beginning of the next working day (if abatement is conducted after working hours).

3.6 Perform unannounced visits to spot check overall compliance of work with Contract specifications. These visits may include any inspection, monitoring and testing inside and outside the regulated area and all aspects of the operation except personnel monitoring.

3.7 Provide support and recommendations to the government Project Manager such as submittals from the abatement/construction contractor, resolution of conflicts, and interpretation of data.

3.8 Perform final inspection and testing of the regulated area at the conclusion of the abatement to certify compliance with all the regulations and VA requirements/specifications. Final clearance air samples will be collected and analyzed in accordance with procedures outlined by the Asbestos Hazard Emergency Response Act (AHERA). If work is less the 260 linear feet (lf)/160 square feet (ft2), five (5) PCM samples may be collected for clearance. PCM air samples must be analyzed on-site and results must be provided to the Project Manager the same day or at the beginning of the next working day (if abatement is conducted after working hours). If work is equal to or more than 260 lf/160 ft2, TEM sampling shall be done for clearance. TEM samples must be sent to an AIHA accredited laboratory for analysis (see Laboratory Services).

3.8.1 At minimum for all tasks under the estimated service period and square footage stated above, the BPA holder will need to include up to twelve (12) PCM Samples and up to thirteen (13) TEM Samples. Additional sampling maybe required and will be established initially during the pre-construction meeting.

3.9 Recommend work stoppage for any asbestos abatement removal when determine abatement conditions/activities are not within VA specification, regulatory requirements or that an imminent hazard exists to human health or the environment. Work stoppage will continue until conditions have been corrected to the satisfaction of the VA.

3.10 Issue a certificate of decontamination for each regulated area

3.11 Laboratory Services.

3.11.1 IHTs performing on-site analysis of PCM samples must be board approved AIHA Asbestos Analyst Registry (AAR) analysts and must belong to an ARR approved organization.

3.11.2 Samples analyzed by TEM shall be analyzed by an accredited laboratory. Laboratory shall maintain accreditation and proficiency requirements for each analytical method.

3.11.3 Laboratory shall be able to provide twenty-four (24) hour turn-a-round time for air and/or bulk sample results.

4.0 Performance Requirements Summary (PRS) Matrix

4.1 The BPA holder 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 BPA holder to perform at a minimum, the identified acceptable levels throughout the life of the BPA, and the BPA holder’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 BPA holder exceeds, meets, or does not meet these standards. The Government shall use these standards to determine BPA holder performance and shall compare BPA holder performance to the Acceptable Quality Level (AQL). Surveillance methods may include: random, planned, 100% inspections, and/or customer complains.

acceptable level

acceptable level

acceptable level

acceptable level

4.3 Quality Assurance. The Government will evaluate the BPA holder’s performance under the BPA, IAW the PRS Matrix. The Government retains the right to inspect and test all services called for by the BPA. 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 BPA requirements, the Government may require the BPA holder to perform the services again in conformity with BPA requirements, at no increase in BPA amount.

4.4 Whenever the Program Point of Contact notifies the BPA holder of any deficiencies detected in the work performed, the BPA holder shall correct cited deficiencies within 3 days, or as otherwise authorized by the Program Point of Contact, after the notification in writing by the Program Point of Contact without affecting the regularly scheduled work.

4.5 Upon satisfactory completion by the BPA holder and acceptance by the Program Point of Contact of the work completed by the BPA holder 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 BPA holder shall maintain an effective Quality Control Program to ensure services are performed IAW this PWS. The program shall include, but not be limited to, an inspection system covering all the services described in the BPA.

5.0 Related Documents

5.1 Definitions

ABATEMENT/CONSTRUCTION CONTRACTOR: Refers to an independent contractor, contracted by the government to perform abatement and/or construction services.

BPA HOLDER: A supplier or vendor awarded a BPA to provide specific supplies or service to the Government. The term used in this BPA refers to the prime.

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.)

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 BPA holder.

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

NON-PERSONAL SERVICES. The personnel rendering the services are not subject, either by the BPA'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.

PROGRAM POINT OF CONTACT: A representative from the requiring activity appointed by the CO to perform surveillance and to act as liaison to the BPA holder. The Government Project Manager may also serve as the Program Point of Contact.

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 BPAs conform to the BPA’s quality and quality requirements.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A plan specifying the surveillance methodology used by the Program Point of Contact for surveillance of the BPA holder’s performance.

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

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

5.2 Acronyms

5.3 Applicable Directives and Publications

The following laws, regulations, policies, and procedures in effect on date of BPA 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 763 Asbestos

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

VACO Directive 7710 Occupational Safety and Health

B.3 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.4 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between TBD and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact: TBD

Alternate Point of Contact: TBD

DUNS NUMBER: TBD

Cognizant Office:

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

B.5 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a quote response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

B.6 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities, and management resources to furnish the services set forth in the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

B.7 NONPERSONAL SERVICES

a. In performance of this BPA, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.8 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $100,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $750,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.9 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.10 PERIOD OF PERFORMANCE

This BPA expires on TBD or such later ending date as determined by the exercise of any option.

B.11 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders: any contracting officer within:

However, additional contracting officers may be added and/or removed from this list.

B.12 ORDER FORMAT

Orders will be placed against this BPA via e-mail, , FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.13 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is: BARYAN SIERRA; email: baryan.sierrapierluissi@va.gov

The Primary Government Point of Contact (POC) is: TBD ; email: TBD

The POC will be responsible for technical monitoring of the contractor's performance and deliveries. The POC and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The POC will interpret specifications or technical portions of the work. The POC is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the POC has taken an action (or fails to take action) or issues directions (written or oral) that the BPA holder considers to exceed the above limitations.

The BPA holder shall provide the Contracting Officer information copies of all correspondence to the POC.

B.14 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for Asbestos Abatement Inspection, Monitoring, And Third Party Certification services, whether to be acquired by future orders under the asbestos remediation program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for Asbestos Abatement Inspection, Monitoring, And Third Party Certification services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations, or strategies for the purchase of -like Asbestos Abatement Inspection, Monitoring, And Third Party Certification services;

(d) preparation of documentation for future orders for Asbestos Abatement Inspection, Monitoring, And Third Party Certification services.

B.15 BPA EMPLOYEE IDENTIFICATION

All support BPA holder personnel will be required to wear company identification badges in order to distinguish themselves from Government (organic) employees. When conversing with Government personnel during business meetings and over the telephone, support BPA holder personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Where practicable, support BPA holders occupying collocated space with their Government program customer should identify their workspace area with their name and company affiliation.

B.16 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the POC in the program office as the point of final inspection and acceptance. The BPA holder will submit a draft invoice, including all back-up data, to the POC for review and concurrence. When the POC receives an accurate and complete invoice, he/she will accept/reject the invoice to the BPA holder within five

(5) working days. If the invoice is incomplete or inaccurate, the POC will return the unsigned invoice to the BPA holder for correction. Once the invoice is accepted, the BPA Holder will submit it via the Tungsten Network along with all supporting documents. The POC will have seven (7) calendar days to accept/reject it. Final payment for each order will be accomplished by final invoice accompanied by a service report.

b. An itemized invoice shall be submitted to the POC at least monthly (when there is an open BPA Call/Order) or upon expiration of this BPA, whichever occurs first, for all services made during a billing period and for which payment has not been received. Copies of service tickets shall support these invoices.

B.17 PRECEDENCE

36C24825Q0340 The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

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ATTACHMENT C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance.