1-PWS-Underground Storage Tank Services.pdf

PERFORMANCE WORK STATEMENT

FOR

UNDERGROUND STORAGE TANK (UST)

INSPECTION, TESTING AND REPAIR SERVICES

AT

EDWARDS AFB, CALIFORNIA

17 August 2026

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Underground Storage Tank Inspection, Testing and Repair Services

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

1.1 General Scope 3

1.2 Background 3

1.3 Inherently Governmental Function 3

1.4 Period of Performance 3

1.5 Place of Performance 3

1.6 Specific Tasks 3

1.7 Historical Data 6

1.8 Deliverables 6

2.0 SECTION II: SERVICE SUMMARY

2.1 General 7

2.2 Performance Evaluation 7

2.3 Government Quality Assurance 9

2.4 Performance Assessment 10

2.5 Government Point of Contact 10

3.0 SECTION III: GOVERNMENT FURNISHED SERVICES

3.1 Government Furnished Utilities 11

4.0 SECTION IV: GENERAL INFORMATION

4.1 Hours of Operation 12

4.2 Agreement Personnel 12

4.3 Continuation of Essential DoD Contractor Services During Crisis 13

4.4 Conservation of Utilities 13

4.5 Environmental Protection 13

4.6 Miscellaneous Paragraphs 16

4.7 Security 17

4.8 OPSEC 20

4.9 Safety 20

4.10 Appearance 21

5.0 SECTION V: APPENDICES

Appendix 1 Definitions, Abbreviations, and Acronyms 23 Appendix 2 Workload Estimate/UST Tanks 25 Appendix 3 Hazardous Materials Usage Tracking Form 26 Appendix 4 Over and Above (O&A) Work Request Form 27 Appendix 5 Anti-Terrorism Awareness Pamphlet 28 Appendix 6 Desert Tortoise Handout 29 Appendix 7 Cultural Resources Awareness Training 30

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SECTION I

1.0 DESCRIPTION OF SERVICES

1.1. General Scope. This is a nonpersonal services contract to provide Underground Storage Tank Inspection, Testing, Maintenance and Repair Services. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government.

1.1.1. Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and nonpersonal services necessary to perform Designated Underground Storage Tank Operator (DUSTO) Inspections, Testing, and Repair Services as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the Contracting Officer (CO) and the Government Point of Contact (GPOC) and to immediately notify both the CO and the GPOC of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract.

1.2. Background. The Inspection, maintenance and repair of the Underground storage tanks located at Bldg. 1301 and Bldg. 5232 is required for Environmental Compliance to be performed by a certified International Code Council (ICC) California UST System Operator Inspector.

1.3. Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in federal regulations, RFO Subpart 7.5 at the time of this document, in relationship to this PWS.

1.3.1 Contractor Responsibilities. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks under this contract. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. Additionally, under no circumstances shall the Government direct the purchase of materials or equipment on this contract.

Purchases should be made at the discretion of the Contractor for contractual needs covered by the work to be performed as outlined in the PWS. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services, and additionally to ensure that material/equipment purchases are made in accordance with this PWS. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the CO immediately. Additionally, it is the Contractor’s responsibility to report to the CO all inappropriate direction by the Government to procure materials/equipment to which the Contractor does not have direct use for on this contract. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.4. Period of Performance. This is a 5-year Indefinite Delivery, Indefinite Quantity acquisition.

1.5. Place of Performance. The contractor shall perform the services in the PWS at Edwards Air Force Base, California.

1.6. Specific Tasks. The Contractor shall provide management, supervision, labor, materials, equipment, and supplies and shall be responsible to perform efficient, effective Monthly (at least once every 30 days) Designated Underground Storage Tank Operator Visual inspections, annual UST testing and certification, and perform any required repair of Underground Storage Tanks (USTs) to ensure satisfactory operation. UST tanks and systems are located at facilities listed in Appendix 2. Contractor services shall include the following:

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1.6.1. Routine Tasks.

1.6.1.1. DUSTO Inspections. The contractor shall perform a walk-through visual inspection of each UST and ancillary devices at least once every 30 days [23 CCR §2631] to ensure the operability of equipment. To maintain compliance, successive inspections shall be performed on or at about the same time each month, and under no circumstances shall the interval between consecutive inspections exceed 30 calendar days. The walk through will include but is not limited to the inspection of spill prevention equipment and containment apparatus, release detection equipment and containment sumps, review of the containment alarm history. The contractor shall record results on the “Designated Underground Storage Tank Operator Visual Inspection Report”, and on the APIMS Assessment Checklist and submit the written report to the GPOC within 24 hours of completing the inspection. Additionally, electronic copies of the reports shall be provided when submitting monthly invoices.

1.6.1.2. Annual Testing and Certification. The contractor shall provide a yearly inspection and provide a yearly inspection certification of the tank and spill detection equipment. UST test and certification report and the Monitoring System Certification Forms will be completed no later than 10 business days after the testing and certification has been accomplished and sent to the GPOC. The yearly inspection shall be completed prior to the expiration of the current UST System certification.

1.6.1.3. Maintenance: Contractor shall be responsible for Brine Solution inspections during the monthly or annual inspections. Contractor shall supply and fill Brine Solution on an as needed basis to ensure proper function of underground storage tanks. Contractor shall maintain a usage log of the Brine Solution amounts utilized monthly and submit to the GPOC by 5th calendar day of the following month.

1.6.1.4. Repair Services: Contractor shall provide repair services when deficiencies are noted by either the contractor or GPOC on the monthly or annual inspections or as required when requested by the GPOC. These deficiencies will be noted in the monthly or annual inspection report and reported to the GPOC with appropriate price estimates. The contractor shall not commence with repairs until an Over and Above Task Order or modification action from the Contracting Officer has been received.

1.6.1.5. Inspection Data Entry: Contractor shall gain access to Air Program Information Management System (APIMS) and must enter monthly and annual UST assessments into the Storage Tank Accounting and Reporting (STAR) module for record keeping. Monthly assessments must be entered no later than the end of the calendar month in which they were performed.

1.6.1.6. Record Maintenance and Compliance Documentation: The contractor shall establish, maintain, and update a complete physical binder for each UST facility covered under this contract. The binder shall contain all required inspectable items necessary to demonstrate compliance with applicable Federal, State, local, and CUPA regulations. The compliance binder shall be maintained on-site, remain current, complete and readily available for review by Government Personnel, regulatory agencies and inspectors upon request. All records shall be complete and maintained IAW California record retention requirements. The contactor shall ensure all compliance records and documentation are added to or updated within the compliance binder within 5 business days of receipt, completion, issuance, renewal, revision, or any event requiring a record update.

1.6.2. DUSTO Training Requirement. The contractor shall perform comprehensive, site specific DUSTO training for all designated facility employees in the proper operation and maintenance of the UST system(s) at least once every 12 months, or as required for new employees. This training is expected as required by the state (Certified Unified Program Agency (CUPA)) for individuals working at the facility, as at minimum one trained individual

Underground Storage Tank Inspection, Testing, & Repair - FA930126Q0023 Page 4 of 30 must be there at all times to operate the station. This training shall be executed as a practical, on-site demonstration designed to equip employees with the knowledge required to respond to emergencies, release detection system alarms, spills, and overfills associated with the operation of the Underground Storage Tank (UST) system.

1.6.2.1 Minimum Curriculum Requirements: The Contractor’s facility employee training program shall include, at a minimum, the following operational and emergency information:

a. The operation of the UST system in a manner consistent with the facility’s established Best Management Practices (BMPs).

b. The facility employee’s specific roles and responsibilities regarding the release detection system(s), as detailed in the facility’s active UST Monitoring Plan(s).

c. The facility employee’s specific roles and responsibilities regarding spill and overfill response, as detailed in the facility’s active response plan.

d. The current names, roles, and direct contact information of the designated person(s) to be notified during emergencies and release detection system alarms.

1.6.2.2 Upon completion of training, the DUSTO shall administer an evaluation to assess and verify each employee's retention of the required training information. The DUSTO must provide a signed copy of the “Facility Employee Training Certificate” located in Appendix 3 of Title 23 California Code of Regulations to the UST owner/operator, and GPOC/TPOC as requested.

1.6.3. Over and Above (O&A) Work CLIN 0004

1.6.3.1. Over and above repairs are repairs required to be made that are outside the contractor’s control. This permits the government and the contractor to negotiate parts and labor, which are within the general scope of the contract and are necessary to make repairs or prevent malfunctions, but are not specifically identified and priced.

The contractor shall not proceed with the over and above repair work until the work request has been approved as instructed at 1.6.3.3 (1) (a) or (b). The contractor shall commence work and complete work by the mutually agreed upon dates. Examples of O&A work include, but are not limited to, replacement or repair of parts or fittings, repair or replacement of leak detection sensor or equipment, repair or replacement of electrical components. The Government reserves the right to utilize other contract vehicles for maintenance or replacement of Underground Storage Tank equipment or infrastructure system upgrades/modifications, i.e. purchasing a new tank.

1.6.3.2. O&A Work Procedures. The following procedures shall apply for all over and above work requests pertaining to this contract:

1.6.3.3. When O&A work is identified, the contractor shall submit to the GPOC a work request form (Appendix 5) for any dollar amount per occurrence. The contractor shall submit the form, with all applicable fields completed, to the GPOC within five business days for non-emergencies and within the requested time frame for emergencies.

(1) O&A Work Requests:

(a) Submitted with a total value of less than $2,500.00 will be reviewed and approved by the GPOC or the CO and may be funded via Government Purchase Card (GPC).

(b) Submitted with a total value of $2,500.00 or more will be reviewed by the GPOC and must be approved by the CO to make the determination of a fair and reasonable price and to issue either a new Task Order or a modification to the current Task Order to encompass the O&A request.

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(2) The GPOC for this contract shall work with the Technical Point of Contact (TPOC) to:

(a) Promptly review the over and above work request for technical acceptability and the reasonableness of the price.

(b) Verify that the proposed work is required, appropriate, and is not covered under the basic contract line item(s).

(c) Verify that the proposed corrective action is appropriate.

(d) Verify that funding is available for the O&A work request.

(3) The GPOC shall inform and coordinate with other appropriate government agencies such as the Environmental

Office as necessary, and in a timely and professional manner. All O&A work requests require approval as specified in sub-paragraph (1) above. When the nature of the work necessitates it, requests will also be routed for TPOC coordination. This coordination is formally documented by the TPOC reviewer's signature on the O&A Work Request Form. If a work request does not require TPOC coordination, the TPOC signature is not needed, and the standard GPOC/CO approvals will suffice.

(4) Approval will be done in writing, unless under emergency conditions where oral approval may be used. All oral approvals will be followed up in writing. The approval will establish a firm-fixed price settlement for the work request. If necessary, the Contractor and CO will negotiate a firm-fixed-price settlement for the work. If the CO determines that the documents/support provided with the O&A request package are sufficient to determine a fair and reasonable price, the CO may approve the request without conducting negotiations. The Contractor shall not begin work until receipt of a signed task order (or signed modification to an existing task order) from the CO. The contractor shall commence work and complete work by the mutually agreed upon dates stipulated in the task order.

Failure of the contractor to provide the information required on the over and above work request, within the specified time frame, may be grounds for the government to openly compete the over and above work. If the government and the contractor cannot agree upon a firm-fixed price for the over and above work request, the government has the right to openly compete the over and above work. (CLIN 0003)

1.7. Historical Data. The tasks described above have been performed in the past by one full-time equivalent employee.

1.8. Deliverables.

1.8.1. Below is a list of deliverables under this contract

Support Area Title Delivery Date/Description

Technical Designated UST Operator Inspection Report

Within 24 Hours of inspection to GPOC

Technical Annual UST Certification Report

Within 10 business days of testing

Management Safety and Health Plan 10 days after contract award Management DUSTO Designated Facility

Employee Training Certificate Upon completion of training

1.8.2. Data. The government has unlimited rights to all deliverables of this contract. Deliverables include monthly and annual UST inspection reports and any maintenance records established for repairs performed on the systems.

1.8.3. Inspection. Deliverables will be inspected by the government within 3 workdays of receipt.

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SECTION II

2.0 SERVICE SUMMARY (SS)

2.1. General

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success but do not represent all agreement performance requirements. All performance requirements in this PWS will be monitored.

2.2. Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer shall take appropriate measures according to inspection of services clause in the contract. Corrective Action Reports may categorize nonconformance as minor, major or critical IAW the following definitions:

“Minor nonconformance” means a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services.

“Major nonconformance” means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose.

“Critical nonconformance” means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission.

S

Performance Objective

PWS

Section Performance Threshold

Rating Criteria

(Based on Findings before Re-performance unless otherwise noted)

Quality

The Contractor shall perform Designated Operator Underground Storage Tank Operator Inspections, a walkthrough of each UST and ancillary devices at least once every 30 days.

1.6.1.1 Zero Deviations allowed

100% = Satisfactory

<100% = Unsatisfactory

The contractor shall provide a yearly inspection and certification of the tank and spill detection equipment prior to the expiration of the current UST System certification

1.6.1.2

Yearly inspection and certification are performed prior to the expiration of the current UST System Certification.

Satisfactory = Yearly inspection performed prior to current expiration date Unsatisfactory = Yearly inspection NOT performed prior to current expiration date.

Management

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UST Annual Test Report and Certification Forms completed NLT 10 business days after the testing and certification and sent to

GPOC

1.6.1.2

UST Annual Test Report and Certification Forms are completed NLT than 10 business days after the testing and certification has been accomplished and sent to the

GPOC

Satisfactory= UST Annual Test Report and Certification Forms are completed and sent to GPOC NLT 10 business days after testing and certification

Marginal= UST Annual Test Report and Certification Forms are completed and sent GPOC NLT 15 business days after testing and certification.

Unsatisfactory= UST Annual Test Report and Certification Forms are not completed or not sent to the GPOC NLT >15 business days after testing and certification

The contractor shall record results of the walkthrough inspections performed by the DUSTRO on the “Designated Underground Storage Tank Operator Visual Inspection Report”, and on the “APIMS Assessment Checklist.”

1.6.1.1

The contractor shall submit the written inspection reports to the GPOC within 24 hours of completing the UST inspections.

Satisfactory= Inspection report completed and sent to GPOC within 24 hours following the UST inspection.

Marginal =. Inspection report completed and sent to GPOC 48 hours following the UST inspection.

Unsatisfactory= Monthly Inspection report completed and sent to GPOC >48 hours following the UST inspection

The contractor shall perform comprehensive, site specific DUSTO training for all designated facility employees in the proper operation and maintenance of the UST system(s) at least once every 12 months, or as required for new employees.

Upon completion of the training, the DUSTO must provide a signed copy of the “Facility Employee Training Certificate

1.6.2 Zero Deviations allowed

100% = Satisfactory

<100% = Unsatisfactory

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The contractor shall gain access to Air Program Information Management System (APIMS) to enter monthly and annual UST assessments into the Storage Tank Accounting and Reporting (STAR) module for record keeping.

1.6.1.5

Monthly assessments are to be entered no later than the end of the calendar month in which they were performed.

Satisfactory = Monthly and annual assessments are entered NLT the end of the calendar month in which they were performed.

Unsatisfactory= Monthly and annual assessments are NOT entered NLT the end of the calendar month in which they were performed.

The contractor shall establish, maintain, and update a complete physical binder for each UST facility covered under this contract.

1.6.1.6

The contactor shall ensure all compliance records and documentation are added to or updated within the compliance binder NLT 5 business days of receipt, completion, issuance, renewal, revision, or any event requiring a record update.

Satisfactory= Compliance records and documentation are added to or updated within the compliance binder NLT 5 business days.

Marginal=. Compliance records and documentation are added to or updated within the compliance binder NLT 6-8 business days.

Unsatisfactory= Compliance records and documentation are added to or updated within the compliance binder NLT >8 business days.

Other Areas

8 The contractor shall perform Over and Above Repairs 1.6.3

Repairs shall be performed within the agreed upon time with no deviations.

Satisfactory = repair completed on-time with no deviations.

Marginal= Repair completed on-time with 1 deviations allowed

Unsatisfactory= Repair not completed on-time 2 or more deviations.

2.3 Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this agreement. The GPOC will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS Service Summary or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this agreement. Such

Underground Storage Tank Inspection, Testing, & Repair - FA930126Q0023 Page 9 of 30 surveillance will be done according to standard inspection procedures or other agreement provisions. Any action taken by the CO as a result of surveillance or otherwise in connection with nonconforming supplies or services of the contractor will be according to the terms of this acquisition and in accordance with, at the time of this document, RFO 46.102, RFO 46.407, R-DFARS 246.407-70 and R-DFARS PGI 246.407-70 which specify procedures for reductions of fee or for reductions to the price of a fixed-price agreement when supplies are nonconforming or services are not performed or do not meet agreement requirements.

2.3.1 The government will periodically evaluate the contractor’s performance in accordance with the Service Summary. The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2 When an observation indicates defective contractor performance, the GPOC will require the contractor’s Agreement Manager or representative at the site to initiate the observation. The formal process is, when a performance threshold has not been met or contractor performance has not been accomplished, the GPOC will initiate and provide the CO a Corrective Action Report (CAR) for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and in the CAR. While the formal process of this paragraph to address unacceptable contractor performance is always available, the Government reserves the right to initiate a less formal process involving the contractor, the GPOC and the CO meeting together at no additional cost to the Government regarding unacceptable contractor performance.

2.4 Performance Assessment.

2.4.1. Contractor’s Performance. The government assesses a contractor’s performance on an ongoing basis, both positive and negative, and provides a record on a given contract during a specified period of time.

2.4.1.1. Periodic Surveillance. This method requires the GPOC to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.1.2. Customer Complaints. The GPOC will receive and investigate all complaints. The GPOC will be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the GPOC and the contractor. Validated customer complaints shall be corrected within 8 hours of notification. CO will validate corrective action.

2.4.2. Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.5. Government Point of Contact. The GPOC will participate in the administration of this contract. The GPOC is not authorized to change any of the terms and conditions of the contract/task order.

2.5.1. Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), GPOC, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the GPOC and the CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

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SECTION III

3.0 GOVERNMENT FURNISHED UTILITIES

3.1 Emergency Medical Services. Edwards AFB will provide emergency medical services for contractor personnel in performance of services under this agreement IAW AFMAN 41-210 Chapter 2. The contractor shall ensure that the Government is reimbursed at the full-reimbursement rate for emergency medical services provided. The contractor shall provide the 412th Medical Group with the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care after receiving initial emergency treatment on base. All mishaps will be promptly reported to the base safety office through the GPOC.

3.2 Security Police and Fire Protection. Phone number for Security Forces Squadron,661-277-3340; Fire

Protection, 911.

3.3 Telephone Service. The government will provide local and DSN telephone services FOR OFFICIAL USE

ONLY use at no cost to the contractor. Commercial long-distance calls shall be at the contractor’s expense.

3.4 Utilities. The government will provide all electricity, water and sewage at no additional cost to the contractor.

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish requirements under this PWS.

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SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The normal hours of operation for Edwards Air Force Base (EAFB) are 0700- 1600, Monday through Friday, excluding Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government-directed facility closings. For agreements other than firm-fixed-price, the contractor will not be reimbursed when the government facility is closed for these reasons.

4.1.1 Recognized Federal Holidays. Recognized Federal holidays are listed at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays. For holidays falling on a Saturday, the preceding Friday will be observed. For holidays falling on a Sunday, the following Monday will be observed.

4.2. Agreement Personnel

4.2.1. Agreement Manager (CM). The contractor shall provide the CO with the name, address, telephone number, and resume of the agreement Manager (CM) and any alternates within three (3) calendar days of the agreement start date and shall maintain this information throughout the agreement period. The CM or alternate shall have full authority to act on behalf of the contractor on all matters related to the daily operation of this agreement and must be available within 24 hours to meet with government personnel identified by the CO to discuss any concerns. The CM and all alternates must be able to read, write, and speak English and communicate effectively with contractor employees.

4.2.2 Personnel Roster. The contractor may be required to provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations. The personnel roster shall be updated as individuals are removed and added.

4.2.3 Certifications. Contractor employees shall have current and valid professional certifications and licenses required to perform the work in this PWS, prior to agreement award. All certification and licensing requirements by the Federal, State, and local agencies shall be complied with at the contractor's expense.

4.2.4 Contractor Qualifications. The contractor shall utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this agreement.

4.2.5 Employee Training. The contractor shall give all training required to meet the requirements of PWS unless otherwise specified within the PWS or as otherwise approved by the CO. The contractor shall maintain training and experience records for each employee during the period of this agreement that reflects that sufficient personnel are qualified to accomplish all tasks required by this agreement. Provide employee training status upon the government’s request.

4.2.6 English Language. Employees who deal directly with customers will be required to communicate clearly and concisely with the customers in English. This requirement is strictly for the purpose of efficiently performing the agreement tasks.

4.2.7 Use of Government Employees. The contractor shall not employ any person who is an employee (either military or civilian) of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee (either military or civilian) of the Department of the Defense if such employment would be contrary to the policies contained in DAFI 64-106 – Contracting – Contractor Labor Relations Activities - Chapter 3, Employment of Off-Duty Government Personnel.

4.2.8 Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

Underground Storage Tank Inspection, Testing, & Repair - FA930126Q0023 Page 12 of 30 https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays

4.2.9 Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this agreement may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this agreement.

4.2.10 Identification of Contractor Employees. All agreement personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed

4.2.11 Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seat belts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.3 Continuation of Essential DoD Contractor Services During Crisis. In accordance with DoDI 1100.22, Policy and Procedures for Determining Workforce Mix, R-DFARS 237.76, and the Air Force implementation thereof, unless otherwise directed by the CO or GPOC, it is determined that the services as identified in this PWS ARE NOT essential for performance during a crisis.

4.4 Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

4.5 Environmental Protection. The Contractor shall comply with all applicable Federal, state, and local laws, regulations, and standards, including Air Force and installation policies, directives, and instructions, that are or may become applicable to the contractor’s activities in performance of this contract.

4.5.1 The Contractor shall ensure all hazardous materials (HM), Hazardous Material Identification and Material Safety Data, and Pollution Prevention and Right-to-Know Information are authorized and managed in compliance with applicable laws, regulations, and applicable sections of Air Force Manual 32-7002, Environmental Compliance and Pollution Prevention, and Edwards Air Force Base (AFB) HM policy, to ensure compliance with Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001-11050), and Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109). (Appendix 4)

4.5.1.1 Safety Data Sheet (SDS) submissions, accompanied by a completed Contractor Hazardous Material Approval Form, are required for chemicals/materials not sourced from an installation HAZMART, and must be approved by the Edwards AFB Hazardous Material Program including the initial submission by the apparently successful offeror prior to award, and prior to use for any subsequent SDS submissions by the contractor during performance of the contract.

4.5.1.2 The Contractor shall utilize the Contractor Hazardous Materials Usage Form to capture monthly usage data for hazardous chemicals/materials not sourced from an installation HAZMART that were used on the installation in performance of this contract. The Contractor shall submit the usage form to the Contracting Officer identified Government Point of Contact (GPOC) by the 5th of the following month during performance and at completion of work.

4.5.1.3 The Point of Contact for questions concerning Hazardous Materials or SDS submissions prior to award is the Contracting Officer. After award and during contract performance, contact the Edwards AFB Environmental Management Office at (661) 277-1401 (for AFRL, call (661) 277-5135) or email 412CEG.CEVC.HMWorkflow@us.af.mil, for the HM exempt list and guidance regarding HM regulatory, usage, and tracking form requirements.

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4.5.1.4 Any products that meet the criteria of “Hazardous Waste” must be tracked until permanently removed from government property. Criteria for identifying hazardous waste are contained in Subpart C of 40 CFR Part 261 and Chapter 11, Articles 1-5, of 22 CCR. NOTE: Products containing chlorofluorocarbons (CFC’s) or ozone depleting substances shall not be allowed or approved for use.

4.5.1.5 The Contractor shall ensure that all solid and hazardous waste management on this contract complies with all applicable sections of AFMAN 32-7002, and the Edwards Air Force Base Hazardous Waste Management Plan (HWMP) and Integrated Solid Waste Management Plan, the California Health and Safety Code (HSC), Title 22 California Code of Regulations (CCR), and Title 40 Code of Federal Regulations (CFR).

4.5.1.6 Hazardous/regulated waste shall be disposed of under the Edwards AFB, US Environmental Protection Agency (EPA) ID number, with Edwards AFB as the Generator, unless the Contractor is considered “other persons” under the Resource Conservation and Recovery Act (RCRA) and operates their HW activities independent of Edwards AFB using their own US EPA ID number.

4.5.1.7 Signed HW disposal manifests shall be required for HW that may be generated on this contract prior to transportation for off-site disposal to a California Department of Toxic Substance Control (DTSC) and/or US EPA-approved landfill or treatment facility. The Contractor shall submit draft manifests via email to the Edwards AFB Environmental Management Office at 412CEG.CEVC.HWWorkflow@us.af.mil for review. After the draft manifests have been approved, the waste shipment must be scheduled with the Environmental Office to arrange for manifest signature by government personnel with Signature Authority. Contact the Hazardous Waste Support Facility (HWSF) personnel at (661) 277-3681, the 412CEG/CEVC HW Program Manager at (661) 277-1885, or email 412CEG.CEVC.HWWorkflow@us.af.mil for questions or additional information.

4.5.2 The Contractor shall comply with Pollution Prevention and Right-to-Know Information requirements. Control of environmental pollution requires consideration of air, water, and land uses, and involves the management of noise, solid waste, thermal energy and radioactive materials, as well as other pollutants. Protective measures shall be incorporated to control pollution and/or correct environmentally impacting conditions that may develop resulting from this contract. Environmental protection shall be provided during the life of the contract.

4.5.4 The Contractor shall complete EMS General Awareness training in accordance with DoDI 4715.05, DoDI 4715.06, and DoDI 4715.17 prior to or upon arrival at the installation and ensure proof of completion is available to the contracting office upon request. Online training is available using the TEACH course EMS100AFIT00004 (AFIT) resource: https://usaf.learningbuilder.com/account/login/?ReturnUrl=%2f

4.5.5 The Government’s rights under this Contract specifically include the right for Government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations; whether or not the Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. The Government normally will give the Contractor 24 hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.5.6 If the Contractor is found to not be in compliance with any of these regulations, there may be cause for the facility to shut down Contractor operations until the associated problem is remedied by the Contractor (where applicable). Any sanitary deficiencies shall require immediate correction.

4.5.7 The Contractor is responsible to report and promptly clean up all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize Government material, equipment or personnel to clean up a Contractor caused spill, the Contractor shall be required to reimburse the Government for all associated costs.

4.5.8 This contract may be subject to audit by any and all cognizant government agencies. The Contractor shall make available all records, which it maintains with respect to this contract, to such agencies.

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4.5.9 The Contractor shall recycle as much cardboard, paper, plastic, wood and metal as possible through the installation’s Qualified Recycling Program (QRP), and shall develop a strict recycling, trash and litter control program. The recycling and litter control program shall consist of supplying an adequate number of covered recycling, trash and litter receptacles in all appropriate locations. The QRP may be able to provide limited additional recycling containers and bins as required (call 661-277-1167 for coordination). The contractor shall take precautions to prevent Foreign Object Debris (FOD) while working on or around the flight line. The contractor will be responsible to remove all debris as a result of the contract activity.

4.5.10 The Contractor shall notify the Environmental Management Division (412 CEG/CEV) at (661) 277-1401 (option 1) prior to installing any storage tanks on the installation. Contractors owning, operating, or procuring any storage tanks for use on the installation will comply with all federal, state, and local requirements. Contractors shall comply with the Edwards AF Base Spill Prevention, Control, and Countermeasure Plan for all petroleum storage tanks used on the installation. Upon installation of a tank, the Contractor shall send an email notification (including tank specification information) to 412CEG.CEVC.WastewaterPOLTanks@us.af.mil to facilitate California Environmental Reporting System (CERS), Storage Tank Accounting and Reporting (STAR), and the Spill Prevention Control and Countermeasure (SPCC) Plan update requirements. The Contractor shall appoint a tank custodian, provide required training, gain access to STAR, and capture monthly inspections in STAR. 412 CEG/CEV can assist the appointed tank custodian with training and obtaining STAR access.

4.5.11 To ensure compliance with the installation’s U.S. Fish and Wildlife Service Biological Opinion for Operations and Activities Edwards Air Force Base, California (8-8-14-F-14), regarding the effects on the federally threatened desert tortoise and its critical habitat, the Contractor shall:

4.5.11.1 Distribute the Desert Tortoise Handout (Appendix 7, DT Handout 412 TWPA Release #18150 20180316) to vehicle and equipment drivers prior to accessing Edwards AFB and the project area. All workers should review the handout. If possible, the handout should also be posted at the project site.

4.5.11.2 Avoid desert tortoises and their burrows. The Contractor shall inspect under all vehicles and equipment for desert tortoises prior to operation. Any sightings of desert tortoise within the project site must be reported immediately to the monitoring biologist or 412 CEG/CEVA at (661) 277-1417.

4.5.11.3 Check open excavations three times a day for any trapped animals. Open excavations will be covered, backfilled, or fenced at the end of each workday. At the ends of a ditch or trench, a 3:1 slope will be created to allow wildlife to exit should they become trapped in the ditch or trench. All open excavations that are left unattended will be fenced, unless other methods of excluding desert tortoises are employed.

4.5.11.4 Dispose of all trash and food items in common raven-proof containers and regularly remove such items from the project sites to reduce attraction of common ravens.

4.5.11.5 Maintain water tanks and trucks in good working order and free of leaks so common ravens will not be attracted to standing water.

4.5.11.6 Cap the open ends of any pipes stored within or elevate at least 12-inches off the ground to prevent entry by desert tortoise or other wildlife.

4.5.11.7 Contact 412 CEG/CEVA at 661-277-1418 if any questions arise regarding these measures.

4.5.12 The Contractor shall contact 412 CEG/CEVA at (661) 275-2435 if an active bird nest (nest with eggs, unfledged birds, or adult birds observed in the nest) is found within the project area and cannot be avoided.

4.5.13 If inadvertent above- or below-ground Cultural Resources discoveries (see Appendix 8) are made during the project’s execution, the Contractor shall:

4.5.13.1 Immediately cease activity in the area of the discovery.

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4.5.13.2 Immediately notify the Cultural Resources Manager of the discovery at 412CEG.CEVA.CulturalResources@us.af.mil.

4.6 Miscellaneous Paragraphs:

4.6.1 Freedom of Information Act (FOIA). All official government records affected by this agreement are subject to the provisions of the FOIA (5 U.S.C. 552/DoDM 5400.07_AFMAN33-302). Any request received by the contractor for access/release of information from these records to the public (including government/contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

4.6.2 Controlled Unclassified Information (CUI).

(1) The contractor shall comply with DoD Instruction 5200.48_Department of the Air Force Instruction 16- 1403 Controlled Unclassified Information (CUI), and the CUI requirements in this agreement. The CUI regulation cited in this paragraph sets policy, assigns responsibilities, and prescribes procedures for CUI in the identification, creation, sharing, marking, safeguarding, storage, dissemination, decontrol, disposition, destruction, and records management of CUI documents and materials and establishes training required.

(2) Any Contractor employee CUI training required under DoDI 5200.48 _Department of the Air Force Instruction 16-1403 Controlled Unclassified Information including initial and annual CUI training shall be accomplished following coordination with the GPOC/cognizant local CUI authority.

4.6.3 Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any other federal department or agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this agreement.

4.6.4 Correspondence. The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.6.5 Post Award Conference. The contractor agrees to attend any post award conference convened by the CO.

These meetings shall be at no additional cost to the government.

4.6.6 Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

4.6.7 Records. All records created and received by the contractor in the performance of this agreement shall be maintained and readily accessible. Records shall remain the property of the government. The Contractor must maintain and dispose of records following the requirements established in Air Force Instruction 33-322, Records Management, and Information Governance Program, specifically Chapters 1,2, 3, 4 Section 6.1 of Chapter 6 and Attachment 1. The Contractor must turn over all records to the Government upon completion of the agreement unless otherwise directed by the CO. The Contractor may contact the Edwards AFB Records Management Office at 661-277-3015 for training on records management at no cost as contractor ensures compliance with federal, DoD and Air Force record keeping requirements.

4.6.8…