P01_ 2022 OAI Performance Work Statement Sheridan.doc

PERFORMANCE WORK STATEMENT

Veterans Affairs Healthcare System Sheridan, WY

Operators Annual Inspection (OAI) Tank Inspection

Part 1

General Information

1. General: This is a non-personnel services contract to complete the Operators Annual Inspection (OAI) as required by the Wyoming Department of Environmental Quality (WYDEQ) for underground storage tanks associated with the Sheridan Veterans Affairs Healthcare System (SVAHCS), located at 1898 Fort Road, Sheridan, WY. 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 perform the OAI as required by WYDEQ and as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Energy Policy Act and Wyoming Solid and Hazardous Waste Rules and Regulations, Storage Tank Program Chapter 1, require the completion of an underground storage tank compliance inspection (OAI) by a WY licensed tester annually, within one year of the previous inspection. At the time of writing, the SVAHCS most recent OAI was conducted on August 4, 2021, and the next OAI will be due no later than August 4, 2022.

1.3 Objectives: Complete the OAI as required by the WYDEQ, in accordance with all applicable rules and regulations.

1.4 Scope: Conduct 20 sump sensor tests, 3 line leak detector and tightness functionality test, 8 tank monitor inspections and emergency stop test. Inspection and testing will be conducted on 8 tanks, numbered 9, 12, 16, 17, 18, 19, 20, and 21 and all relevant and associated equipment. In addition to the annual OAI requirements, contractor shall verify and test additional OAI items that are required every 3 years, on the appropriate due dates. These items include the inspection and testing of 9 sump containments, 9 spill prevention devices, 9 overfill prevention devices, and cathodic protection for 2 steel tanks. Compliance inspection and testing was conducted August 5, 2020 for tank sump containments, spill prevention equipment, and overfill prevention devices. As a triennial requirement, these items will need to be tested again in 2023. Cathodic protection testing was completed in 2021 and will be due again in 2024.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four 12-month option years. The Period of Performance reads as follows:

Base Year

Option Year I

Option Year II

Option Year III

Option Year IV

Option Year V

1.6 General Information

1.6.1 Quality Control: 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).

1.6.2 Recognized Holidays: The Contractor is not required to perform services on holidays.

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

1.6.3 Hours of Operation: The contractor is responsible for conducting business between the hours of 7:30 am to 4:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4 Place of Performance: The work to be performed under this contract will be performed at the Sheridan Veteran Affairs Medical Center located at 1898 Fort Road, Sheridan WY.

1.6.5 Type of Contract: The government will award a (Type of contract to be determined by CCE and the customer).

1.6.6 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.

1.6.7 Special Qualifications: Contractor must possess and maintain all necessary qualifications and/or certifications to perform the OAI, as required by the WYDEQ.

1.6.8 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 Officers 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 the government views the contractor's performance and the contractor will apprise the Government 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.

1.6.9 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 government 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.

1.6.10 Key Personnel: The following personnel are considered key personnel by the government: SVAHCS Facility Maintenance Supervisor Chief, Facility Maintenance Supervisor, Safety Manager, and Environmental Management Systems Manager. 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.

1.6.11 Data Rights: All results of the OAI shall be made available to the SVAHCS as soon as possible, but not less than 7 days from the completion of the inspection.

1.6.12 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CCE

Contracting Center of Excellence

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DD254

Department of Defense Contract Security Requirement List

DEQ

Wyoming Department of Environmental Quality

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

KO

Contracting Officer

OAI

Operator’s Annual Inspection

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

PIPO

Phase In/Phase Out

POC

Point of Contact

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

SVAHCS

Sheridan Veterans Affairs Health Care System

TE

Technical Exhibit

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services: The contractor shall conduct the annual OAI to the satisfaction of the SVAHCS and the WYDEQ in accordance with all applicable rules and regulations.

5.2. Task Specifics: The OAI includes 20 sump sensor tests, 3 line leak detector and tightness functionality test, 8 tank monitor inspections and emergency stop test. Inspection and testing will be conducted on 8 underground storage tanks numbered 9, 12, 16, 17, 18, 19, 20, and 21 and all relevant and associated equipment. In addition to the annual OAI requirements, contractor shall verify and test additional OAI items that are required every 3 years, on the appropriate due dates. These items include the inspection and testing of 9 sump containments, 9 spill prevention devices, 9 overfill prevention devices, and cathodic protection for 2 steel tanks. OAI triennial items were completed August 5, 2020 for tank sump containments, spill prevention equipment, and overfill prevention devices. As a triennial requirement, these items will need to be tested again in 2023. Cathodic protection testing was completed in 2018, and 2021, and will be due again in 2024.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. This includes, but is not limited to, Wyoming Solid Hazardous Waste Division Rules and Regulations, Storage Tank Program Chapter 1.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit 3 – Estimated Workload Data

TECHNICAL EXHIBIT 1

Performance Requirements Summary 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.

Performance Objective

(The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

The contractor shall conduct the Operator’s Annual Inspection (OAI) within one year of the previous OAI (currently Aug 4, 2021).

The contractor shall follow all applicable rules, standards, and regulations including Wyoming Solid and Hazardous Waste Division Rules and Regulations Storage Tank Program Chapter 1, 40 CFR Parts 280-281, and any EPA and/or CFR requirements.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Electronic copy via email.

GEMS Manager or FMS Supervisor

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA