SOW Air Emissions Testing.docx

Statement of Work as of 6/23/2025 Air Emissions Compliance Testing Rocky Mountain Regional VA Medical Center

1.0 Background:

In 2023, the Colorado Department of Public Health Environment (CDPHE) issued an air emissions compliance order to the VA Eastern Colorado Health Care System (ECHCS). The audit directed VA ECHCS to prepare, file and comply with the requirements of a Title V Air Permit under the Clean Air Act and State of Colorado air emissions regulations. This acquisition provides physical testing, assessment and reporting to VA ECHCS on Title V compliance areas to ensure ongoing compliance with permit limits.

2.0 Objective:

The purpose of this acquisition is to perform physical air emissions testing, assessment and reporting for compliance with the Title V Air Emissions Permit requirements on a monthly basis. Testing equipment must be removable and cannot remain installed on VA ECHCS stacks. The Initial Title V Application is attached to briefcase.

3.0 Scope:

VA ECHCS is at 1700 North Wheeling Street, Aurora CO 80045. All work will be at this location. The Contractor shall provide all necessary services (i.e., labor, materials, tools, equipment, and competent supervision) to meet the scope objectives and requirements. The Contractor shall be responsible for obtaining and coordinating the services of all third-party subcontractors performing services as part of the contract to accomplish the following:

a) Reviewing the existing Title V permit and applicable regulations.

b) Developing a testing and monitoring plan.

c) Selecting appropriate monitoring methods and equipment.

d) Calibrating, operating, and testing monitoring equipment.

e) Establishing data management and reporting protocols.

f) Performing periodic monitoring, recordkeeping, and reporting.

g) Conducting periodic calibration and maintenance of monitoring equipment.

h) Preparing and submitting reports to include serving as liaison with permitting authority.

i) Developing Quality Assurance/Quality Control (QA/QC) procedures.

j) Develop compliant Air Emissions Inventory.

k) Maintaining calculations noted in the compliance order.

l) Reporting non-compliance through only the Contracting Officer’s Representative (COR)

4.0 Deliverables:

a) Within 30 days of contract award:

· A detailed monitoring and testing plan with schedule.

· Installation and testing plan for testing equipment.

· SOPs for monitoring and data collection.

· QA/QC procedures.

b) Within 7 to 10 calendar days of monthly testing:

· Draft and final version of monitoring reports and data summaries.

5.0 Compliance / Conformance Requirements:

All services provided must follow CDPHE air emissions regulatory requirements.

6.0 Quality Assurance and Surveillance Plan:

Task Acceptable Quality Level(s)

Monitoring Method(s)

7.0 Period of Performance:

8.0 Place of Performance:

Rocky Mountain Regional VA Medical Center 1700 N. Wheeling St.

Aurora, CO, 80045

RECORDS MANAGEMENT OBLIGATIONS

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

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

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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

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

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

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

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

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

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

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

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

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

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

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

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

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

Records Management Language for Contracts | National Archives