Solicitation 36C26322Q0954.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

636-23-1-9172-0001

36C26322Q0954

Angela Stewart 605-336-3230 x7804 11-16-2022 10:00am CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

541380

$16.5 Million

N/A

X

Central Iowa VA Health Care System 3600 30th Street

Des Moines IA 50310-5753

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center via the Tungsten Network reference VAAR 852.232-7

See CONTINUATION Page

Legionella and Dental Waterline Sampling services to support the Central Iowa VA Health Care System in Des Moines, IA

Period of Performance: 12/01/2022 to 11/30/2023 plus four 1-year options

This is a total SDVOSB set-aside.

Offerors/contractor must have an active SAM registration and be verified as an SDVOSB in the VIP system at the time of offer and upon award.

Offerors/contractors are responsible for the correct SCA Wage Determination classification of workers and compliance with all wage and hour laws.

This solicitation will result in a firm fixed price contract.

Offerors/contractors must complete and return clause C.9 with the quote or the quote will be non-responsive.

See CONTINUATION Page

636-3630162-9172-850300-2581-0300410S5 636-23-1-9172-0001

X X

X one

Angela Stewart

VA-VHA-RPOC-2022-19642

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 25

C.4 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

C.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 31

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION. All contract administration matters will be handled by the following individuals:

a) Contractor Information Company Name and Address:

SAM Unique Entity ID Number:

Contact Person(s) Name:

Contact Person(s) Email:

Contact Person(s) Telephone:

b) Government Information

Angela Stewart Contracting Officer Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be quarterly for the previous quarter of the period of performance and no later than 15 calendar days after the close of the period of performance being invoiced for. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Technical Representative (VATR) will review all invoices submitted. Invoices shall by submitted for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-http://www.tungsten-network.com/us/en/veterans-affairs-us/ us/ for additional information for system registration, user guides, and help desk contacts.

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

Amendment Date

6. Government Employee Ownership: The Contractor shall indicate if it is owned or controlled by a Government employee.

□ Yes, the offering firm is owned or controlled by a Government employee.

7. Security Requirements: The Contractor shall comply with all VA privacy and security requirements, including Handbook 6500.6. The VATR shall coordinate with the Contractor to ensure such requirements are met. This requirement is applicable to all subcontractor personnel requiring access.

8. Documenting Performance: The VA may document contract performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. In the event the CO issues a Contract Deficiency Report (CDR), the Contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt and provide a response with a corrective action plan to the CDR within one (1) week of receipt.

http://www.tungsten-network.com/us/en/veterans-affairs-us/ https://www.cpars.gov/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

404.00 EA __________________ __________________

Legionella Quarterly analysis of water sampling. Includes all necessary sampling equipment, collection of temperature readings, pH level readings, and residual biocide level readings for each sample, labor to collect samples, proper preparation and transportation of samples, analysis, report of analysis, and technical assistance on sample result interpretation.

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories PRODUCT/SERVICE CODE: H146 - Quality Control - Water Purification and Sewage Treatment Equipment

40.00 EA __________________ __________________

Legionella Sampling: Follow-up collection of and analysis of water samples as a result of any positive findings of Legionella or as requested by the VATR up to and including 10% of total samples collected at the VAHCS annually Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

2.00 EA __________________ __________________

Legionella Sampling: Collection of water samples to test for

Legionella in 3 cooling towers Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

240.00 EA __________________ __________________

Dental Clinic Sampling: Supply of water sampling containers, information on proper collection of samples for total colony forming units of heterotrophic water bacteria per milliliter of water count, and analysis of water samples for the VA Central Iowa Medical Center Dental Clinic to ensure compliance with Safe Drinking Water Act.

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

24.00 EA __________________ __________________

Dental Clinic Sampling: Follow-up supply of water sampling containers and analysis for sampling as a result of a report of over 200 colony forming units of heterotrophic water bacteria per milliliter of water count or as requested by the VATR. Samples requested up to and including 10% of total samples collected at the VAHCS annually

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories PRODUCT/SERVICE CODE: H146 - Quality Control - Water necessary sampling equipment, collection of temperature readings, pH level readings, and residual biocide level readings for each sample, labor to collect samples, proper preparation and transportation of samples, analysis, report of analysis, and technical assistance on sample result interpretation.

Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories samples as a result of any positive findings of Legionella or as requested by the VATR up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

Legionella in 3 cooling towers Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories information on proper collection of samples for total colony forming units of heterotrophic water bacteria per milliliter of water count, and analysis of water samples for the VA Central Iowa Medical Center Dental Clinic to ensure compliance with Safe Drinking Water Act.

Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories containers and analysis for sampling as a result of a report of over

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

200 colony forming units of heterotrophic water bacteria per milliliter of water count or as requested by the VATR. Samples requested up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories PRODUCT/SERVICE CODE: H146 - Quality Control - Water necessary sampling equipment, collection of temperature readings, pH level readings, and residual biocide level readings for each sample, labor to collect samples, proper preparation and transportation of samples, analysis, report of analysis, and technical assistance on sample result interpretation.

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories samples as a result of any positive findings of Legionella or as requested by the VATR up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

Legionella in 3 cooling towers Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories information on proper collection of samples for total colony forming units of heterotrophic water bacteria per milliliter of water count, and analysis of water samples for the VA Central Iowa Medical Center Dental Clinic to ensure compliance with Safe Drinking Water Act.

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Dental Clinic Sampling: Follow-up supply of water sampling containers and analysis for sampling as a result of a report of over 200 colony forming units of heterotrophic water bacteria per milliliter of water count or as requested by the VATR. Samples requested up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories necessary sampling equipment, collection of temperature readings, pH level readings, and residual biocide level readings for each sample, labor to collect samples, proper preparation and transportation of samples, analysis, report of analysis, and technical assistance on sample result interpretation.

Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories samples as a result of any positive findings of Legionella or as requested by the VATR up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

Legionella in 3 cooling towers Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories information on proper collection of samples for total colony forming units of heterotrophic water bacteria per milliliter of water count, and analysis of water samples for the VA Central Iowa Medical Center Dental Clinic to ensure compliance with Safe Drinking Water Act.

Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 541380 - Testing Laboratories PRODUCT/SERVICE CODE: H146 - Quality Control - Water containers and analysis for sampling as a result of a report of over 200 colony forming units of heterotrophic water bacteria per milliliter of water count or as requested by the VATR. Samples requested up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories necessary sampling equipment, collection of temperature readings, pH level readings, and residual biocide level readings for each sample, labor to collect samples, proper preparation and transportation of samples, analysis, report of analysis, and technical assistance on sample result interpretation.

Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories samples as a result of any positive findings of Legionella or as requested by the VATR up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

Legionella in 3 cooling towers Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories information on proper collection of samples for total colony forming units of heterotrophic water bacteria per milliliter of water count, and analysis of water samples for the VA Central Iowa Medical Center Dental Clinic to ensure compliance with Safe Drinking Water Act.

Contract Period: Option 4

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories PRODUCT/SERVICE CODE: H146 - Quality Control - Water containers and analysis for sampling as a result of a report of over 200 colony forming units of heterotrophic water bacteria per milliliter of water count or as requested by the VATR. Samples requested up to and including 10% of total samples collected at the VAHCS annually Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories

GRAND TOTAL __________________

Base Total $ Option 1 Total $ Option 2 Total $ Option 3 Total $ Option 4 Total $ Grand Total $

VA Central Iowa Health Care System Legionella Sampling and Dental Waterline Sampling Statement of Work

B.3 STATEMENT OF WORK

I. OBJECTIVES:

The VA Central Iowa Health Care System has a requirement for Legionella Sampling and Dental Waterline Sampling services.

The purpose of this contract is to procure services for collecting and analyzing water samples for Legionella in accordance with VHA Directive 1061, “PREVENTION OF HEALTHCARE-

ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM POTABLE WATER

DISTRIBUTION SYSTEMS” and for collecting and analyzing water samples to verify compliance with “Infection Control Standards for VA Dental Clinics,” 21 October 2013, and EPA Safe Drinking Water Act regulations in Dental Offices in the VA Central Iowa Health Care System.

II. Definitions or Acronyms:

a. CO – Contracting Officer

b. FAR – Federal Acquisition Regulation

c. VA – Department of Veterans Affairs

d. VAHCS – Central Iowa VA Health Care System

e. VATR – VA Technical Representative

III. PLACE OF PERFORMANCE:

3600 30th Street Des Moines, IA 50310

IV. PERIOD OF PERFORMANCE:

a. This will be a single award Firm Fixed Priced Contract. There will be one (1) base year and up to four (4) option years for this contract:

Year Period Begins Period Ends Base Year 12/01/2022 11/30/2023 Option Year 1 12/01/2023 11/30/2024 Option Year 2 12/01/2024 11/30/2025 Option Year 3 12/01/2025 11/30/2026 Option Year 4 12/01/2026 11/30/2027

b. The Contractor will conduct work on-site during normal business hours. The

Contractor shall schedule services with the VATR in advance. The Contractor will not perform services on-site on federal holidays, unless the VATR has approved such scheduling in advance

V. QUALIFICATIONS:

a. The Contractor must utilize an Environmental Legionella Isolation Techniques

Evaluation Program (ELITE) member lab to process the samples obtained under this contract.

b. The Contractor shall provide documentation of qualifications upon VA request.

c. Failure to submit any of the required information, statements, or certifications may result in rejection of the quote without further consideration for award.

VI. SERVICES:

1. Legionella Sampling Requirements:

a. General Procedures for Legionella Sampling:

1. The Contractor shall provide services in accordance with:

a. VHA Directive 1061, see VHA Publications (va.gov); and

b. Environmental Protection Agency (EPA) Safe Drinking Water Act

2. The Contractor shall furnish all personnel, supervision, equipment, supplies, facilities, certifications, transportation, and resources necessary to perform Legionella water testing.

The contractor must furnish all sample collection equipment. Containers must be sterile, appropriate for the analysis, properly preserved, and promptly transported to the laboratory under strict chain of custody procedures.

3. The Contractor shall collect and analyze water samples from distal points (sinks and showers) and ice or water from ice machines at the designated VAHCS locations. Specific distal point locations for sampling will be determined by the VATR.

4. The Contractor shall test the building’s hot and cold water distribution system(s) for

L. pneumophila must be performed quarterly (once per Federal Fiscal Year quarter, plus or minus 10 calendar days from the date of the last performance of regular quarterly service). The focus is to have the routine sampling performed within the first two months of each fiscal year quarter.

5. Water samples must be taken from outlets on the hot water distribution system and outlets on the cold water distribution system from each building for each quarterly testing cycle. NOTE: “Outlets” are the points in the water distribution system where the end user comes in contact with the water (e.g., faucet, showers, and ice machines). Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet and will be at least 250 ml.

6. At the time each water sample is taken, the Contractor shall test (measure) and document the following for each sample: water temperature after it reaches a stable temperature, level of residual biocide (performing the proper testing for the site based on type of biocide), and pH. This documentation needs to be provided with the analysis results.

7. The Contractor shall complete non-routine sampling (outside of the quarterly sampling) of up to 10% of the total samples taken from the facility annually.

8. For non-routine sampling, the Contractor must be able to sample within 24 hours of being notified of the need to sample. Samples of at least 250 ml will be required;

however, samples of up to 1000 ml may be required depending on lab requirements. Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet. Swab sampling may be conducted along with the water sampling for non-routine sampling. Swab sampling will be done in accordance with VHA https://www.va.gov/vhapublications/publications.cfm?pub=1 requirements and in accordance with direction from the laboratory where the samples will be analyzed.

9. The specific sampling location and type of sample (e.g. hot water or cold water) will be specified by VATR. Specific distal points sampled will vary per quarter, so communication with the VATR will be required before the round of sampling each quarter or before non-routine sampling in order to ensure that the contractor knows the locations of sampling.

10. Sampling of cooling towers will be conducted once per quarter during the period in which the cooling towers are running.

b. Sample Collection, Storage, and Transferring of Analysis:

Samples will be collected, stored, and transferred as directed by the COR or by the laboratory. For routine sampling, water samples need to be at 250 ml. For non-routine sampling, water samples of at least 1000 ml may be required. Water samples will be taken at first “draw” to catch the water that comes out immediately from the outlet. Each water sample will be collected in a sterile, unused, HDPE or HDPP plastic leak-proof container provided by the testing laboratory. The following parameters will be measured and logged after each water sample collected: water temperature, level of residual biocide, and pH. Samples will be stored and transferred for analysis in a manner that will maintain the integrity of the samples. Samples will be secured to prevent cross-contamination.

Samples need to arrive at the testing laboratory within the time frame defined by the ELITE laboratory in a manner to maintain sample integrity.

c. Sample Analysis and Reporting:

The testing laboratory processing the water samples for Legionella must be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program as proficient at performing the culture of Legionella from environmental samples. The limit of detection must be < = 1 CFU/ml. The full 250 ml volume of potable water must be concentrated for routine quarterly testing. The full 1000 ml volume of potable water must be concentrated for non-routine testing. The testing laboratory must retain samples that test positive for Legionella for 30 calendar days and must release them to the healthcare system if requested. Information about ELITE certified laboratories can be found at https://wwwn.cdc.gov/elite/Public/MemberList.aspx.

The testing laboratory must also be able to determine if the Legionella detected in environmental samples is the species Legionella pneumophila and whether it is serogroup 1.

Quantify L. pneumophila and identify the presence or absence of other Legionella species.

NOTE: rapid testing method, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA) are not permitted.

In addition to the CDC ELITE certification, the laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body, such as EMLAP, NELAP, etc. Proof of certification must be provided before acceptance of contract.

Provide all sample analysis reports via e-mail to COR and Health Care System Point of Contact. Notification of any positive sampling results will be made within two working days of making this determination. Analytical reports shall include a signed copy of the https://wwwn.cdc.gov/elite/Public/MemberList.aspx chain of custody, identification of sampling locations and conditions, including the specific outlet temperature of water at the time the sample was collected, pH, biocide residual levels, method detection limits, and a description of test methodology. Sample reports need to be provided in a format that can be copied into the VHA Legionella sampling results reporting form. Sample analysis reports must be provided within 15 calendar days of the lab receiving the samples. If the 15th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day.

The testing laboratory shall have qualified technical support staff for consultation relative to water sample collection, testing, and interpretation of results.

2. Procedures for Sampling for Safe Drinking Water Compliance for Dental Waterlines:

a. General Requirements and Procedures for Sampling of Dental Waterlines:

i. Sampling equipment and lab analysis will be provided to the Dental Clinic for testing their waterlines for compliance with the EPA Safe Drinking Water Act standard for potable water and the “Infection Control Standards for VA Dental Clinic,” dated 21, October 2013. Sampling analysis will be for total colony forming units (cfu) of heterotrophic water bacteria per milliliter of water.

ii. The Contractor will furnish sterile bottles that are appropriate for the analysis, properly preserved, and promptly transported to the VAHCS Dental Clinic. The Contractor will furnish appropriate shipping containers for the transportation of samples to the laboratory. The bottles will be marked to indicate what facility they are supplied to and a unique identifying number for that facility and for the sample. Comprehensive instructions on how samples will be collected, preserved, and transported to the laboratory for analysis will be provided to each facility covered under the contract. The laboratory will follow strict chain of custody procedures upon the receipt of the samples from the facilities.

iii. Sampling is required on a quarterly basis for each waterline in each Dental Clinic.

iv. For non-routine testing, the Contractor shall ensure that sampling bottles and supplies are received by the requesting Dental Clinic within 2 business days of being notified of the need to sample.

v. The laboratory that processes the water samples will be certified by the Environmental

Protection Agency or a State environmental protection agency to perform environmental sampling. Proof of certification must be provided before acceptance of the contract. The laboratory will utilize the Standard Spread Plate Method 9215C using R2A agar.

Sampling results will report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml), readings of less than 10 or greater than 500 may be recorded as <10 cfu/ml or > 500 cfu/ml.

vi. The Contractor shall provide all sample analysis reports via e-mail to the VATR within

10 calendar days of receiving the sample. If the 10th day falls on a weekend or federally observed holiday, the reports shall be provided no later than the next normal business day. Notification of any positive sampling results will be made within two business days of making this determination Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, method detection limits, and a description of test methodology.

vii. The testing laboratory shall have qualified technical support staff available during normal business hours for consultation relative to water sample collection, testing, and interpretation of results.

VII. Repairs:

a. If abatement services are required, Contractor shall provide the nature and extent of the abatement services and a budgetary cost estimate for such services in writing. The Contracting Officer may issue a bilateral contract modification to increase funding for authorized abatement services after a determination of price fair and reasonableness.

b. Any additional charges claimed must be approved by the Contracting Officer before service commences. Any additional work performed by the Contractor without the prior written approval of the CO will be performed by the Contractor at no additional cost to the Government.

VIII. General Requirements:

a. It shall be understood that, throughout performance of the contract, the

Contractor’s personnel, while on VA property, shall adhere to all VAHCS requirements and regulations.

b. The Contractor shall not store equipment or materials on the VA facility property.

Any damage to VA caused by the Contractor shall be repaired to its previous condition, or better, by the contractor at no additional cost to the Government.

c. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free.

d. Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws, and applicable regulations while on VA property, including access regarding COVID. Violations of this may result in citation and disciplinary measures for persons violating the law.

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

f. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

g. Possession of weapons is prohibited.

h. Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

IX. SECURITY REQUIREMENTS:

a. The Contractor will be responsible for ensuring compliance by its employees with all VA procedures governing building access and security. Contractor personnel will be escorted by VHA personnel at all times. The VATR will assist Contractor personnel in obtaining requisite identification badges to enter the facilities and collect samples. All Contractor employees and subcontractors under this contract or order are required to complete the VA privacy and/or security training as directed by the VATR.” Contractors must provide signed certifications of training completion to the VATR during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).

Contractor staff is required to conform to VHA’s security and privacy requirements as described below:

b. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of VA, VHA and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are on VHA property.

c. The Contractor will ensure the security of all VHA property, building ID badges, key cards, and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys, etc. the same day the employees leave the project.

X. EMPLOYEES

Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the VA/VHA. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. VA/VHA facilities for misconduct or for security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee. The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest. The Contractor shall inform the CO if any Contractor personnel are Government employees.

XI. CONTRACTING PERFORMANCE MONITORING

The VATR monitors all technical aspects of the contract and assists in contract administration.

The VATR is authorized to perform the following functions:

• Assure that the Contractor performs the technical requirements of the contract

• Perform inspections necessary in connection with the contract performance

• Maintain written and oral communications with the Contractor concerning technical aspects of the contract

• Issues written interpretations of technical requirements, including government drawings, designs, specifications

• Monitors Contractor’s performance and notifies both the Contracting Officer and Contractor of any deficiencies.

• Coordinates availability of government furnished property and coordinates site entry of Contractor personnel

Contractor and VAMC staff will meet at the request of the VATR to evaluate overall effectiveness of the contract, resolve problems, and improve adherence to policies and procedures if necessary.

At least annually, a review will be conducted to evaluate the Contractor’s performance.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is…