21Q0332 PERFORMANCE WORK STATEMENT.pdf

PERFORMANCE WORK STATEMENT (PWS)

1.0 BACKGROUND: To establish SRF-JRMC regulatory requirements that meet the standards of (a) through (l), to prevent or minimize to as low as reasonable achievable personnel exposure to toxic metals and crystalline silica by setting forth control measures and health practices to be followed by all employees involved in protective coating/paint removal and paint sampling operations. The primary metals of concern are lead, arsenic, chromium, cadmium and mercury and any of their derivatives/forms.

Other metals can be addressed on a case-by-case basis, e.g. barium and beryllium.

1.1 OBJECTIVE: The objective is for the Contractor to provide technical analysis of environmental samples to SRF-JRMC in order to be in compliance with applicable regulations.

1.2 SCOPE OF WORK/CONTRACTOR REQUIREMENTS: The Contractor shall furnish all labor, supervision, tools, materials, equipment, transportation, and other items and services necessary for the analysis of environmental samples as listed in Appendix I.

1.3 Period of Performance: The period of performance for this contract is from 01 July 2021 through 30 June 2022.

2.0 Technical Requirements

2.1 Analysis Quantity: At the end of each month, the Government and the Contractor shall reconcile actual quantities expended and reflect this on the monthly Statement of Delivery (SOD).

2.1.1 REGULATORY REQUIREMENTS: The contract requirements shall be performed in accordance with the following regulations (a) through (l). The Contractor shall be knowledgeable of and in compliance with the following documents, as well as all applicable U.S., Government of Japan laws, regulations and policies to perform required services regarding environmental protection and sampling analysis. In the event that environmental laws or regulations change during the term of the contract, the Contractor shall comply with such laws as they may come into effect.

(a) 29 CFR Part 1915

(b) 29 CFR Part 1910, Occupational Safety and Health Administration (OSHA) Standards, Department of Labor

(c) 29 CFR 1926.1126

(d) NAVSHIPREPFACINST 5100.8

(e) OPNAVINST 5100.23

(f) S9086-VD-STM-010 / CH-631VI Preservations of Ships in Service – General

(g) NAVSEAINST 5100.17, NAVSEA OSHE Control Manual for Naval Shipyards

(h) OSH-CONTROL-SOP-01, Controlling Occupational Exposure for Lead Containing Paint Removal

(i) OSH-CONTROL-SOP-02, Paint-Chip Bulk Sampling

(j) OPNAVINST 5090.1

(k) Memo Ser 106/59-21 dtd 14 April 2021; Protective Coating/Paint Removal Assessment Procedures

(l) Japan Environmental Governing Standards (JEGS), HQ USFJ, Japan, Current Edition

2.1.2 LABORATORY REQUIREMENTS: All services performed under this contract shall be conducted by a qualified laboratory. The Contractor shall submit Laboratory Certificates from the appropriate agencies to the Government indicating that the laboratories are validated/certified to conduct the United States Environmental Protection Agency (US EPA) methods and/or the Japanese methods for sampling and environmental analysis. US analytical laboratories must be certified and/or accredited by US EPA or a State Laboratory Certification Program. Japanese analytical laboratories must be a laboratory registered/certified to conduct analyses by the Japanese national, prefectural and/or local government. The lists of approved methods are contained in Appendix I. In the event the Contractor changes laboratories or sub-contracts with another laboratory, the contractor shall submit certifications to the Contracting Officer prior to use of the laboratory.

3.0 TASKS AND DELIVERABLES

3.1 Sample Collection: The Government will collect samples as indicated under Para 3.1.1.

3.1.1 Government Collection: SRF-JRMC personnel will collect and submit paint samples for a transportation drop off or by mail to the Contractor laboratory for Heavy metals analysis.

3.2 SAMPLE IDENTIFICATION AND PROTECTION:

3.2.1 Identification: The Contractor must verify sample labels and Chain-of-Custody forms to prevent sample misidentification. At a minimum, the following information shall be included on the label and corresponding Chain of custody.

A. Sample Identification Number B. Name of Collector C. Date and Time of Collection D. Location of Collection E. Sample Description F. Analyses for testing G. Relinquished by H. Contact Information I. Activity (if applicable)

3.2.2 Packaging: The Government shall ensure all packaging and required forms are correctly labeled and properly filled out. The Government shall secure required forms in a waterproof bag.

3.2.3 Shipping: The Government shall transport or mail all samples to the designated laboratory for analysis.

3.3 SAMPLE ANALYSIS

3.3.1 Analytical Method: The Contractor shall analyze all samples using "JPN methods" approved by the Ministry of Environment (MOE), or the US EPA methodology.

Proposed analysis methods are provided in Appendix I, with a listing of Analytical Items, Quantitation Limit, and Analysis Methods.

3.3.2 Sample Disposal: Once analysis is complete, the Contractor shall dispose of the samples appropriately.

3.3.3 Sample Replacement: When the Contractor misplaces the provided paint samples or analysis results, the contractor shall be required to analyze replacement samples and cover the shipping at no extra cost to the Government.

3.3.4 Sample Analysis Processing Time: The contractor shall process and submit reports to the Government for samples collected within 2 to 10 working days after the lab receives the samples. The Contractor shall process and submit reports to the Government for samples collected within the requested turn-around times after the lab receives the samples.

3.3.5 Expedited Sample Analysis: Expedited samples may be required throughout the year. These samples are required as a result of unexpected or critical events that occur and need immediate analysis. The Contractor shall expedite processing and submit reports to the Government within 2 hours to 24 hours around time from when the lab receives the samples.

3.4 SAMPLE RECORDS AND REPORTING

3.4.1 Chain-of-Custody Record: The Government will complete this form throughout the process of analysis and reporting. This form is intended to record and document each stage of the sample’s life cycle (i.e., collection, transport, and delivery). The Government will maintain the hard copy form and provide the Contractor with a duplicate copy or electronic version during transfer.

3.4.2 Analysis Report: The Contractor shall prepare a written analytical report) that contains the results of the analysis performed

The reports shall contain, at a minimum, the following information:

A. Contractor’s Name and Address B. Report Number C. Report Date D. Contract Number E. Sample Identification Number F. Sample Collection Date G. Analyzed Date (if applicable) H. Analytical Item I. Analytical Test Method Used J. Analytical Result K. Unit L. Applicable Reporting (Quantitation) Limit (or Detection Limit) M. Standard limit for analyst (regulatory level or maximum allowable limit) N. Laboratory guarantee that results are correct and accurate O. Raw Data (upon Government request) P. Complete Chain-of-Custody Record

3.4.2.1 If the original report contains any errors or omits any of the required information, the Contractor must resubmit a corrected written report, at no additional charge to the Government. The corrected report will be delivered within the same working days of notification or discovery of the error or omission.

3.4.3 Report Format: All reports and other submittal documents must be printed on recycled paper, size 8.5 inch x 11 inch, leaving a one (1) inch top, bottom, left and right margin. Text font type must be Times New Roman and/or MS Mincho and font size shall be 12 point.

4.0 Applicable Documents / Governing References. In addition, requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance.

Reference Location Japanese Environmental Governing Standards

(JEGS)

www.usfj.mil

5.0 Special Instructions and Administrative Information

5.1 Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical http://www.usfj.mil/ care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

5.2 Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

5.2.1 Telephone Identification. Identify themselves as contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of Government-related requirements and activities.

5.2.2 Recorded Messages. Identify themselves as contractor personnel in all recorded messages including those, which are heard by callers attempting to contact contractor employees via answering machines or voicemail.

5.2.3 Meetings, Conferences and Events. Identify themselves as contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any Government related requirements or activities.

5.2.4 Correspondence. Identify themselves as contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including, but not limited to, correspondence sent via the U.S. Mail, facsimile, or electronic mail (email) inclusive of out-of-office replies.

5.2.5 Personal and Corporate Identification. Wear or display contractor provided nametags, badges or attire which display, at a minimum, the name of the contractor and their respective company.

5.3 Persons from certain countries are considered (DTCN) and are generally restricted from entering bases in Japan, Air Stations, or facilities. A listing of DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

5.4 Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

5.5 Mission Essential Personnel / Tasks. Unless specified otherwise in this Performance Work Statement, contractors supporting this contract/order are not considered “Mission Essential” personnel (as defined in DFARS 237.76) who would be required during crisis or emergency operations.

5.6 Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)).

5.7 Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this contract/order.

The regulation may subject the contractor and/or contractor's personnel to criminal liability under Title 18, Section 793 and 7908 of the United States Code.

5.8 Classified information. Any classified work products shall be handled in accordance with DoD Instruction 5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official Use Only (FOUO), sensitive, confidential, and/or classified information and material.

5.9 Allowable Costs

5.9.1 As indicated in FAR 31.205-46(a)(3)(iv), 31.205-46(a)(7), and 31.250-46(b), all costs must be supported by the appropriate documentation and receipts provided to the

KO/COR.

Appendix I: The List of Analytical Items

Analytical Items Content Required Limit Reporting Limit(RL) mg/kg Analysis Method or Equivalent Method

Lead 0.005% dry weight 20 EPA SW 846 or JPN Chromium 0.005% dry weight 20 EPA SW 846 or JPN Cadmium 0.005% dry weight 20 EPA SW 846 or JPN

Arsenic Detected 20 EPA SW 846 or JPN Mercury Detected 9 EPA SW 846 or JPN Beryllium 1% dry weight 20 EPA SW 846 or JPN Crystalline

Silica 1% dry weight 50 EPA SW 846 or JPN

Hexavalent Chromium 0.005% dry weight 20 EPA SW 846 or JPN

*Detected: Quantity found in excess of the limit of detection.

Per NSTM S9086-VD-STM-010 (Rev. 3), Chapter 631 for:

Cadmium, Chromium (or Hexavalent Chromium), Lead, and Crystalline Silica.

Per 29 CFR 1910.1024, Beryllium standard for Beryllium.