Attachment 3 Performance Work Statement Rev 1.pdf

PERFORMANCE WORK STATEMENT (PWS) for

USDA-NATIONAL BIO AND AGRO-DEFENSE FACILITY INCINERATORS OPACITY &

EMISSION MONITORS MAINTENANCE

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide scheduled maintenance, repairs, emergency repairs and reports for the medical waste incinerator (MWI) continuous emission monitoring systems (CEMS), Stack Scrubbers, Ozonia generator and Scale calibration, maintenance, calibration, testing and reports. 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 DESCRIPTION OF SERVICES/INTRODUCTION: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide MWI, CEMS and Scrubber, Ozonia generator support defined in this Performance Work Statement, except for those items specified as USDA-ARS furnished property and services. The Contractor shall perform to the standards in this contract. The contractor will provide for any follow-on and/or annual stack testing as required by the Title V Operating Permit. Contractor shall perform functional test of loading scale.

1.2 BACKGROUND: The USDA-ARS National Bio and Agro-Defense Facility (NBAF) is located in Manhattan Kansas. Air emissions are governed by the U.S. Environmental Protection Agency (USEPA) and Kansas Department of Health and Environment (KDHE).

1.3 OBJECTIVES: The objective of this contract is to provide manufacturer specified maintenance and reports and software support to meet the EPA requirements of 40 CFR 62 Subpart JJJ on two Control Analytics CEMS, two Consutech MWIs model # CS-225P-2, two Envirtech scrubbers, Four Ozonia generator Model # CFS-142 and to provide initial EPA-approved evaluations to meet the requirements of 40 CFR 60, Appendix B,

1.4 SCOPE: The Contractor shall provide scheduled maintenance and repairs, emergency repairs, support and provide reports for two CEMS on two MWI stacks and two Control Analytics CEMS on two MWI stacks as well as two stack scrubbers and two scales for incinerator use.

1.1 1.5 PERIOD OF PERFORMANCE: The period of performance (POP) shall be for one (1) Base

Year of 12 months and four (4) 12-month option years. The POP reads as follows:

Base Year 30 September 2021 – 29 September 2022

Option Year I 30 September 2022 – 29 September 2023 Option Year II 30 September 2023 – 29 September 2024 Option Year III 30 September 2024 – 29 September 2025

Option Year IV 30 September 2025 – 29 September 2026

1.6 GENERAL INFORMATION

1.6.1 QUALITY CONTROL: N/A

1.6.2 QUALITY ASSURANCE: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 RECOGNIZED HOLIDAYS: The Contractor is not required to perform services on holidays but must respond within 48 hours.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 HOURS OF OPERATION: The Contractor is responsible for conducting business, between the hours of 8:00 a.m. and 4:00 p.m. Monday thru Friday except Federal holidays or when the USDA-ARS facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when USDA-ARS facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the USDA-ARS NBAF facility, Manhattan Kansas Denison Ave 66502.

1.6.6 TYPE OF CONTRACT: The Government will award a firm fixed price contract.

1.6.7 Security Requirements: Personnel employed by the Contractor or any representative of, or agent of the Contractor, entering this facility shall conform to the facility security regulations. The Contractor shall provide all information required for background checks to meet facility access requirements as performed by the facility security office. Contractor personnel shall comply with all personal identity verification requirements as directed by USDA-ARS Security office. Each person accessing the site will be required to provide personal details, (full name, DOB, SSN, DL#) and will undergo a routine background check, such as a National Agency Check with additional inquiries, which may include a criminal and credit check. Details required for the check should be submitted the security office NLT 5 days prior to the visit. Results of this check may return earlier. However, it should not be planned to have results earlier than 5 days. If, while on site the contractor/vendor will have access to sensitive information, they must complete a National Disclosure Agreement, along with the required training. This training will most likely be completed by reviewing a series of slides covering the topics of the definition of controlled unclassified information (CUI), access, handling, distribution, storage and destruction of CUI. Each person will acknowledge receiving and understanding the training on the NDA. The process should not exceed two hours. Acknowledgement and completion of the NDA will be turned in with the form required for the background check. Results will be returned through the Contracting Officer or Contracting Officer Representative.

1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.8 SPECIAL QUALIFICATIONS: All original materials, visual aids, software and text developed in performance of the tasks listed herein will be the property of USDA-ARS. The Contractor or persons employed by or in any way responsible to the contract in respect to accomplishment of this Performance Work Statement shall make themselves available to respond to technical issues. Technical issues are perceived to be any operational or structural difficulty encountered in explaining results and methodology.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits and for complying with any Federal, State and local laws, codes and regulations applicable to the performance of this work. The Contractor shall perform work to meet requirements of 40 Code of Federal Regulations Part 60, Appendix B, and Performance Specification 1.

1.6.9 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how USDA-ARS views the Contractor's performance and the Contractor will apprise USDA-ARS of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 CONTRACTING OFFICER REPRESENTATIVE (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of USDA-ARS furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 KEY PERSONNEL: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available as in section 1.6.4 above.

1.6.12 IDENTIFICATION OF CONTRACTOR EMPLOYEES: When Contractor personnel perform the services required in this contract in a USDA-ARS Facility, they are required to possess and wear identification badges that display their individual names and the name of the Company. The Contractor shall ensure that Contractor personnel identify themselves as Contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts. 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.

1.6.13 CONTRACTOR TRAVEL: N/A

1.6.14 OTHER DIRECT COSTS: N/A

1.6.15 DATA RIGHTS: USDA has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be USDA-ARS owned and are the property of USDA-ARS with all rights and privileges of ownership/copyright belonging exclusively to USDA-ARS. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to USDA-ARS shall be the sole property of USDA-ARS and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 ORGANIZATIONAL CONFLICT OF INTEREST: N/A

1.6.17 PHASE IN/PHASE OUT PERIOD: N/A

1.6.18 SAFETY & HEALTH REQUIREMENTS: Contractor shall provide a Safety and Health Plan 15 days prior to commencement of physical on-site work at NBAF. USDA-ARS will review the Contractor’s proposed Safety and Health Plan, and the Contractor shall promptly resolve any comments arising from

USDA-ARS review. Upon the contracting officer’s determination that the USDA-ARS comments (if any) have been satisfactorily resolved, USDA-ARS shall approve the Safety and Health Plan in writing, and the approved Safety and Health Plan will be considered part of this contract. Unless approved in writing by the contracting officer, the Contractor shall not commence physical on-site work at NBAF prior to approval of the Safety and Health Plan. At a minimum, the Safety and Health Plan must include the provisions specified in EM 385-1-1 Appendix A, paragraph 3.k for an Abbreviated Accident Prevention Plan.

PART 2

CONTRACTOR FURNISHED ITEMS AND SERVICES

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

2.1 GENERAL: The Contractor shall furnish all supplies, equipment, parts, hardware, software and services required to perform work under this contract. All contractor purchased items in performance of this contract shall be retained by the Government.

PART 3

SPECIFIC TASKS

3. SPECIFIC TASKS

3.1. Basic Services: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide scheduled maintenance and reports for the medical waste incinerator (MWI) continuous emission monitoring systems (CEMS), stack scrubbers, CEMS maintenance, Scale calibration, testing and reports.

3.2.1. Continuous Opacity Monitoring System (COMS): N/A

3.2.2. Continuous Emissions Monitoring System (CEMS): MWI CEMS monitoring shall be tested and inspected as needed.

3.2.2.1 Scheduled Maintenance: Contractor shall perform scheduled maintenance on two CEMSs on two MWI stacks in accordance with manufacturer specifications and instruction manuals. Contractor shall perform the scheduled maintenance in the second month of each calendar quarter. Any deficiencies, malfunctions, or discrepancies discovered as a result shall be immediately reported to the COR then repaired. After repairs are made, the failed inspection/testing shall be re-performed.

3.2.2.2 Software Support: Contractor shall provide data acquisition system (DAS) technical support IAW paragraph 1.6.4 Hours of Operations through telephone support. Contractor shall provide software and hardware upgrades as required.

3.2.3. Repairs: The Contractor shall be fully responsible for timely execution of all repairs. All costs associated with responding to and accomplishing repairs shall be included in the fixed price for the contract, with the exceptions described herein: Parts and materials shall be billed separately.

3.2.4. Reports: Contractor shall submit reports to the COR no later than the 15th day after performed scheduled maintenance or test. Reports shall be formatted in accordance with and shall be prepared IAW 40 CFRs 60 and 62.

3.2.4.1. Semiannual MWI Reports for KDHE. Using the MWI data acquisition system, prepare and provide the semiannual reports and provide to the COR within 20 days after each semiannual period.

Reports shall be formatted in accordance with and shall be prepared IAW 40 CFRs 60 and 62.

3.2.4.2. Annual Off-Stack Zero and Compliance Test Report. Contractor shall provide an annual stack testing report.

3.2.4.3. Repeat Test Reports. Contractor shall provide repeat test reports after a failed test.

3.2.5. Emergency repairs: The Contractor shall respond within 24 hours upon notification by the COR. The Contractor must notify the COR before starting repair work, fabrication of any component, or ordering any materials or equipment related to the repair. Fabricated components must meet manufacturer specifications.

3.3. Medical Waste Incinerators (MWI).

3.3.1. Scheduled Maintenance: Contractor shall perform scheduled maintenance on two Consutech MWI, two scrubbers, Four Ozonia generators and two scales in accordance with manufacturer specifications and instruction manuals. Contractor shall provide a yearly schedule for COR approval prior to contract start date and every year thereafter. Any deviation to the schedule must be approved by both the contractor and COR. Any deficiencies, malfunctions, or discrepancies discovered as a result shall be immediately reported to the COR by written report for determination of repair procedure. All defects found shall be corrected by the Contractor under the provisions of Paragraph 3.3.5. After repairs are made, the failed inspection/testing shall be re-performed.

3.3.2 Data Acquisition Hardware System (DAHS) Software Support: N/A

3.3.3. Repairs: The Contractor shall provide service to repair all mechanical, electrical, control, software and hardware deficiencies. The Contractor must notify the COR before starting repair work, fabrication of any component, or ordering any materials or equipment related to the repair. Fabricated components must meet manufacturer specifications. All parts and/or materials replaced under this contract shall be turned over to USDA-ARS within 7 calendar days of work completed for verification of defectiveness prior to payment for replaced items. The contractor will not be paid for replacement of parts and/or materials for items found to be in good working order after replacement.

3.3.4. Contractor shall submit reports to the COR no later than the 15th day after performed scheduled maintenance or test. Reports shall be formatted in accordance with and shall be prepared IAW 40 CFRs 60 and 62.

3.3.4.1. Semiannual MWI Reports for KDHE. Using the MWI data acquisition system, prepare and provide the semiannual reports and provide to the COR within 20 days after each semiannual period. Reports shall be formatted in accordance with and shall be prepared IAW 40 CFRs 60 and 62.

3.3.5. Emergency repairs: The Contractor shall respond within 24 hours upon notification by the COR. The Contractor must notify the COR before starting repair work, fabrication of any component, or ordering any materials or equipment related to the repair. Fabricated components must meet manufacturer specifications.

3.4. CONTRACTOR MANAGEMENT REPORTING (CMR): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract.

3.5 Envirtech scrubbers, Ozonia generator Model # CFS-142, Scales

3.5.1 Scheduled Maintenance: Contractor shall perform scheduled maintenance on two Envirtech Scrubbers on two MWI stacks in accordance with manufacturer specifications and instruction manuals. Scheduled maintenance and any calibration shall also be performed on four Ozonia generators as per manufacture specifications. The scales located on each MWI shall be serviced, tested and calibrated to manufactures Contractor shall perform the scheduled maintenance in the second month of each calendar quarter. Any deficiencies, malfunctions, or discrepancies discovered as a result shall be immediately reported to the COR then repaired. After repairs are made, the failed inspection/testing shall be re-performed.

3.5.2 Repairs: The Contractor shall be fully responsible for timely execution of all repairs. All costs associated with responding to and accomplishing repairs shall be included in the fixed price for the contract, with the exceptions described herein: Parts and materials shall be billed separately.

3.5.3 Emergency repairs: The Contractor shall respond within 24 hours upon notification by the COR. The Contractor must notify the COR before starting repair work, fabrication of any component, or ordering any materials or equipment related to the repair. Fabricated components must meet manufacturer specifications.

PART 4

APPLICABLE PUBLICATIONS

4 APPLICABLE PUBLICATIONS (CURRENT EDITIONS): The Contractor must abide by all applicable regulations, publications, forms, manuals, and local policies and procedures, to include:

4.1 STANDARD FORMS: N/A

4.2 REGULATIONS, PUBLICATIONS, MANUALS, AND LOCAL POLICIES & PROCEDURES

REFERENCE MANDATORY /

ADVISORY

LINK OR PRINT

FAR Subpart 9.5 Mandatory FAR Subpart 9.5 40 CFR 60 Appendix B Performance Specification 1

Mandatory https://www.gpo.gov.fdsys/

40 CFR 62 Subpart JJJ Mandatory https://www.gpo.gov.fdsys/

40 CFR 60 Subpart JJJ Mandatory https://www.gpo.gov.fdsys/

Purchasing of any certifications or documentation for the accomplishment of the tasks in the PWS is at the expense of the Contractor.

http://www.acquisition.gov/far/html/Subpart%209_5.html https://www.gpo.gov.fdsys/