STATEMENT OF WORK.pdf

STATEMENT OF WORK

Background

Louis A Johnson Medical Center requires supplemental contractor support to meet increased demand for quantitative fit testing and to ensure a safe workplace.

Scope of Work

Louis A Johnson Medical Center seeks a Contractor to provide industrial hygiene support focused on quantitative respirator fit testing for approximately 700–1000 employees.

Training VA employees on the use of qualitative fit testing techniques may be required as part of the contractor's responsibilities. Qualitative fit testing may be deemed acceptable at the discretion of the Contracting Officer’s Representative (COR), depending on operational needs and guidance.

All work must comply with:

• OSHA Act of 1970

• OSHA Respiratory Protection Standard (29 CFR 1910.134)

• OSHA General Duty Clause (Section 5(a)(1))

• ANSI/ASHRAE/ASHE Standard 170-2021

• Title 40 CFR, Protection of Environment

Respiratory Fit Testing Requirements

Equipment & Scheduling

• Contractor shall provide all quantitative fit testing equipment (e.g., TSI PortaCount) and all required consumables.

• will also provide Controlled Air Purifying Respirators (CAPRs) for personnel who require an alternative to N95 respirators due to medical or operational reasons. Training for CAPRs must be conducted in accordance with manufacturer guidelines and applicable OSHA standards to ensure proper protection and compliance.

• Louis A Johnson Medical Center will supply N95 respirators.

• Fit testing shall follow a schedule set by the Industrial Hygienist, Monday–Friday, including staggered hours to cover 2nd and 3rd shifts.

• Contractor must be able to respond within 24–48 hours during outbreak conditions (COVID-19, Influenza, Tuberculosis) or other emergent needs as necessary.

• At least two PortaCounts are required to meet throughput and expedite testing.

Fit Testing Protocol

• Contractor shall use OSHA-accepted quantitative fit testing protocols per 29 CFR 1910.134, Appendix A, including revised Ambient Aerosol Condensation Nuclei Counter (CNC) protocols (four exercises; approx. 2:29 testing time).

• Contractor must ensure:

o Proper training and education for the use of the respirator specific to the employees’ job and hazards requiring a respirator.

o Proper user seal checks (negative/positive pressure or manufacturer-recommended equivalents).

o How to adjust the respirator to ensure a consistent fit each time the respirator is donned.

o Fit testing is discontinued for:

Facial hair or conditions preventing proper seal.

Employee discomfort or unacceptable respirator fit.

Breathing difficulty; employees must be referred to Employee Health.

Apparel interfering with the respirator seal.

• Contractor shall train each employee on the assigned respirator and confirm medical clearance within the past year or obtain employee attestation of no change.

Documentation Requirements

Contractor shall collect and submit the following for each fit test:

• Employee full name

• Service/department

• Date medical questionnaire was approved

• Respirator type, fit test results, date, tester identification

• Employee signature and testing date (ensure name is the same name with legible spelling and is used in the employees’ email vs a “go-by” name; i.e. using a middle name instead of the name used in their employee email). Including both names is necessary.

• Employee email address

Contractor shall issue fit-test notification cards to each employee upon completion.

Contractor shall provide a printed copy of the fit test document to the COR.

Two fit testers will be required for most fit test sessions which will require two PortaCount machines to be in use simultaneously. Louis A Johnson Medical Center will not provide IT equipment to the contractor to operate the PortaCount machines. At no time will the contractor have access to the Louis A Johnson Medical Center computer network.

Approved Respirators

• 3M 1860

• 3M 1860S

• 3M 1870+

• MaxAir Controlled Air Purifying Respirator (CAPR)

Contractor shall keep the COR informed of supply levels.

Period of Performance

• One year from award date, with four option years.

• Work will not occur on federal holidays or weekends.

• Federal holidays shall follow 5 U.S.C. 6103 and applicable Executive Orders.

Business Licenses

Contractor shall maintain all required state and local business licenses and permits and certify possession of them.

Contractor Responsibilities

Contractor shall:

• Comply with all federal, state, and local regulations governing this work.

• Maintain all required training, certifications, and licenses.

• Provide complete fit test documentation electronically or on paper to the Program Administrator or COR.

• Notify the COR when supplies are needed.

Changes to the Statement of Work

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

Proof of Business Licenses

Contractor is responsible for acquisition of all applicable business licenses and permits required by laws applicable to the State. Contractor shall certify that it acknowledges and is in possession of all required business licenses and permits.

Records Management Requirements

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:

includes Department of Veterans Affairs records.

does not include personal materials.

applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs contract.

may include deliverables and documentation associated with deliverables.

C. Requirements

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.

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.

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.

Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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 Department of Veterans Affairs 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).

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 Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy.

The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

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.

The Department of Veterans Affairs 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 Department of Veterans Affairs 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.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veterans Affairs 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

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.

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