ATCH 1 PWS.pdf

20 May 2021

PERFORMANCE WORK STATEMENT (PWS)

FOR

EMERGENCY SPILL CLEANUP

1.0. DESCRIPTION OF SERVICES/GENERAL INFORMATION.

1.1. NON-PERSONAL SERVICES.

The Contractor shall provide all management, tools, equipment and labor necessary to conduct emergency spill clean-up at Ramstein Air Base, Germany and all its geographically separated units (GSUs) identified in para 1.4.1.

1.2. LAWS AND REGULATIONS.

The contractor shall comply with current European Union (EU) and German state and government laws and regulations required to conduct emergency spill cleanup for hazardous spills. The listed laws/requirements apply:

a. Cleanup Guidance (Soil Protection Act/Bundesbodenschutzgesetz – BBodSchG, Federal Soil

Protection and Contaminated Sites Ordinance/Bundes-Bodenschutz- und Altlastenverordnung – BBodSchV, Water Resources Act/Wasserhaushaltsgesetz – WHG)

b. LAGA 20, LAGA “Technische Regel Boden”, LAGA “Infoblatt 26”

c. Working Protection Regulations (Health and Safety Act/Arbeitsschutzgesetz – ArbSchG, Berufsgenossenschaftliche Regeln BGR128)

1.3. QUALIFICATIONS.

The contractor shall be certified for disposal (Entsorgungsfachbetrieb IAW KrW-AbfG), and certified according to Host Nation water law specialized certified company (“Fachbetrieb”] IAW WHG paragraph 62 and AwSV paragraph 62).

1.3.1. All services as requested herein shall be performed by qualified personnel specially trained for the services required. The contractor shall provide adequate training certificates documentation.

1.3.2. Contractor’s employees shall be able to communicate and understand English. All communication between contractor, 86 CES/CEIE and/or the contracting officer shall be in the English language in accordance with DFARS 252.225-7041, Correspondence in English.

1.4. PERIOD OF PERFORMANCE.

Base Year 04 Sep 2021 through 03 May 2022 (8 months) Option Year I 04 May 2022 through 03 May 2023 (12 months) Option Year II 04 May 2023 through 03 May 2024 (12 months) Option Year III 04 May 2024 through 03 May 2025 (12 months) Option Year IV 04 May 2025 through 03 May 2026 (12 months)

1.4.1. LOCATIONS OF PERFORMANCE.

When required, the contractor shall provide services at the following locations:

• Bann Comm Station 2 (AVQP)

• Bann Comm Station (AVQU)

• Breitenbach Radar (BRTR)

• Pirmasens/Husterhöhe (LGGK)

• Einsiedlerköpfe, Rod&Gun (LXPP)

• Landstuhl Maintenance Site (MTMC)

• Landstuhl Maintenance Site 02 (MTML)

• Landstuhl FHG 30, Kirchberg (MTMN)

• Oberauerbach Comm (SEZM)

• Ramstein Storage Annex (TYFQ)

• Ramstein Air Base (TYFR)

• Einsiedlerhof Storage Annex (LXPQ)

• Einsiedlerhof Maintenance Annex (TYFT)

• Kapaun Admin Annex (TYFU) Vogelweh FHG (YANB)

1.5. ON-CALL SERVICES.

The services under this agreement are on call 24/7/365 days a year with a 1,5 hour response time for weekdays 0700-1700 and a 2-hour response time for the rest of the time, including holidays. The Contractor shall be required to respond to Government caused emergency spill sites with sufficient personnel, equipment, and materials to immediately begin to assess, control, contain, clean-up and dispose of spilled and contaminated material. The Contractor shall respond within 4 hours with any additional personnel and equipment required to begin spill remediation. (The U.S. Government concurs, the applicable On-Site Coordinator (OSC) representative shall follow up with a confirmed written requirement by FAX or email within 24 hours of the next business day.) The Contractor shall report to the 86 CES/CEIE POC at the specified site. This requirement applies only to spills occurring at/on designated pickup point locations. The Contractor shall maintain and submit a daily log of labor accomplished to the 86 CES/CEIE POC when performing emergency response/cleanup services under this contract.

A minimum of two (2) employees shall respond when notified of spills, the Contractor shall decide the labor category of the employees, with concurrence of the 86 CES/CEIE POC. While on site during mobilization, the Contractor shall be required to make an initial assessment and develop a Site and Safety Plan(s). Plans shall outline the Contractor’s estimates for the cleanup, to include, but limited to number of personnel, type and quantity of supplies and equipment and clean up schedule.

1.6. EMERGENCY SPILL CLEANUP SERVICES.

1.6.1. The Contractor shall perform emergency response activities for Ramstein AB and all geographically separated units (GSUs) which may include, but are not limited to, the following activities:

1.6.1.1. Spill response. The contractor shall prevent further spill extension, contain spilled substances and check technical equipment such as pipes, oil water separator or tanks to verify if they are still working or have any leaks;

1.6.1.2. Clean up and Excavation. The Contractor shall clean area/surfaces of spilled liquids, excavate contaminated soil, and refill the pit with appropriate cleaning material, sampling and analysis shall be used to determine the extent of excavation - according to Länderarbeitsgemeinschaft Abfall LAGA-directive - only material which is LAGA contamination class Z0 can be used to refill excavation pit. The backfill pricing shall include all materials, transportation, labor, and equipment necessary to place and compact soil to the surface gradient that existed prior to the excavation of contaminated soil.

1.6.1.3. Disposal. The contractor shall dispose of all contaminated soil, contaminated sludge, and other solid or liquid wastes (sorbents, etc.) at an appropriate landfill or treatment facility. The Contractor shall not be reimbursed separately for all absorbents, wiping clothes and protective clothing contaminated during spill response, but shall include the purchase cost for such spill cleanup materials within the disposal costs.

1.6.2. For verification purposes with each emergency spill cleanup, the contractor shall provide a delivery ticket (Begleitschein) to be signed by the responsible transporting company and the 86 CES/CEIE Point of Contact (POC).

Weighting of the waste takes place on an officially calibrated scale at the waste disposal facility. Billing is based on this official weighing. Separate delivery tickets shall be provided for the quantity of waste picked up and removed from the location. One copy of the delivery ticket shall stay with the contractor for billing purposes and one will stay with the 86 CES/CEIE POC for accounting purposes. Separate delivery tickets shall be provided for the quantity of waste picked up and removed from the location.

1.6.3. When excavation of contaminated soil is required, the Contractor shall perform excavation supervision, evaluation, and reporting to the 86 CES/CEIE POC. All excavation work shall be supervised by a member of the 86

CES/CEIE POC. The Contractor shall perform site supervision including waste declaration sampling of excavated soils (in accordance with LAGA M20 Part III) and confirmatory sampling of pit bottom and walls (“Freimessung” in accordance with ALEX-Merkblatt 16), waste declaration analysis (in accordance with LAGA + DepV), and analysis of confirmatory samples of the pit bottom and walls by a certified laboratory. Based on the substance spilled, the Contractor’s environmental specialist shall determine, in consultation with the 86 CES/CEIE POC, which specific lab analysis should be performed as part of confirmation sampling. Individual analysis shall be billed separately by the Contractor according to the appropriate lab analysis.

Confirmatory sampling (“Freimessung”) is required for all relevant parameters, including but not limited to:

– Perform sampling and analysis for Chlorinated Hydrocarbons (CHC)

– Perform sampling and Analysis for Aromatic Hydrocarbons (AHC)

– Perform sampling and analysis for Polycyclic Aromatic Hydrocarbons (PAH 1-16)

– Perform sampling and analysis for Total Petroleum Hydrocarbons (TPH)

– Perform sampling and analysis for Per- and Polyfluoroalkyl Substances (PFAS) according to ALEX 29

(ALEX Informationsblatt 29, Per-und polyfluorierte Chemikalien (PFC) in der Umwelt).

1.6.4. Clean up shall be complete when approved by the 86 CES/CEIE.

1.6.5. Documentation and Reporting. The Contractor shall prepare and submit documentation in the form of a final clean-up report. At a minimum the final clean-up report needs to include a description of all excavation work, the results of the confirmation sampling, the assessment of the remedial success and eventual residual contamination, as well as a to-scale drawing of the remediation pit with excavation depth information and demarcation of the sampling areas. The results of the confirmation sampling shall include laboratory documentation, a declaration sampling protocol in accordance with LAGA PN98, the laboratory reports, the disposal documentation, and a certificate of origin or analysis report of the backfill material. A draft analysis report shall be submitted electronically in the German language within 30 days after completion of the field/laboratory activities to 86 CES/CEIE. 86 CES/CEIE will require up to 20 days for review of draft. The Contractor shall incorporate comments and submit a pre-final version for final approval. After approval, finalization and translation of the report can take place. Final reports in both the German and English languages shall be submitted within 15 days of receipt of the 86 CES/CEIE comments/approval to 700 CONS and 86 CES/CEIE [the final version shall be submitted to 86 CES/CEIE as hardcopy (three [3] copies in German, one [1] in English) and as pdf-files on a CD].

1.7 SERVICES SUMMARY (SS).

Performance Objective PWS

Para Performance

Threshold Method of Assessment Remedy

Contractor must respond within 1,5 hour on weekdays from 0700-1700

1.5 100% 86 CES/CEIE will be on site and directly assess

Contractor must respond within 2 hours for the rest of the time including holidays

Contractor must respond within 4 hours with any additional personnel and equipment required to begin spill remediation

Clean up of spill to the satisfaction of the COR and in compliance with all applicable laws and regulations

1.6. No more than 2

deficiencies per performance year

86 CES/CEIE will be on site an

Re-performance within 24 hours of notification

1.8. DELIVERABLES.

Deliverables (Report, Document, etc) PWS paragraph

Due Date (Calendar Days)

Log of labor accomplished to be submitted to the 86 CES/CEIE POC for emergency response cleanup service.

1.5 Within one (1) business day after

completion of work.

Delivery tickets (Begleitschein) for the quantity of waste picked up and removed from location

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Waste declaration sampling of excavated soils (IAW LAGA M20 Part III)

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Confirmatory sampling of pit bottom and walls (Freimessung IAW ALEX-Merkblatt 16)

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Waste declaration analysis (IAW LAGA+DepV) 1.6.5 within 30 calendar days after completion of field/laboratory analysis

Analysis of confirmatory samples of the pit bottom and walls by a certified laboratory

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Draft analysis report in German

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Laboratory documentation: declaration of sampling protocol IAW LAGA PN98, laboratory reports, disposal documentation, certificate of origin or analysis report of the backfill material

1.6.5 within 30 calendar days after completion of field/laboratory analysis

Final cleanup report in English and German 1.6.5 within 15 business days of receipt of the 86 CES/CEIE comments/approval

1.9. GENERAL INFORMATION.

1.9.1. QUALITY CONTROL.

The contractor shall have and maintain a written quality control plan to ensure operation services are performed IAW this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure the non-recurrence of defective services. As a minimum, the contractor shall have quality control procedures that address the areas identified in Paragraph 1.7, Services Summary. A detailed quality control plan (QCP) shall be submitted as part of the proposal, three copies of a comprehensive written QCP shall be submitted to the Contracting Officer (CO) and Contracting Officers Representative (COR)within 5 working days when changes are made thereafter.

After acceptance of the quality control plan the contractor shall receive the CO acceptance in writing of any proposed change to his Quality Control (QC) system.

1.9.1.1. QUALITY ASSURANCE.

The government will inspect and evaluate the contractor’s performance to ensure services are IAW requirements set forth in this contract in accordance with the Quality Assurance Surveillance Plan. The COR will use the contractor’s work schedule or modified version thereof, to record validation results. Results of the validation then become the official Air Force record of the Contractor’s performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO with a Corrective Action Report (CAR) for issuance to the contractor. The contractor shall respond to the CAR IAW instructions provided and return it to the CO within 10 calendar days of receipt. The CO will forward the contractor’s response to the COR once received. The COR will perform re-inspection within 1 workday of receipt of contractor’s response.

1.9.2. UNACCEPTABLE PERFORMANCE.

The contractor shall report to the site location within two (2) hours after notification to correct unacceptable performance. The contractor shall re-perform at no cost to the government. Any re-performance and/or unacceptable performance will be documented by the COR and may result in the Government seeking equitable price reduction or adequate consideration IAW FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

1.9.3. CONTRACT MANAGER

The Contractor shall provide the name of a contract manager (primary and alternate) who shall be responsible for the performance of work and shall have full authority to act for the Contractor on all contract matters relating to daily operations of this contract. The contract manager shall be available during normal duty hours (0800-1700).

The Contractor shall be able to meet with the COR to resolve any contract issues. The contract manager and alternate shall be able to understand, read, speak, and write basic and technical English (to speak English with sufficient structural accuracy and vocabulary to participate in formal and informal conversations on practical, social, and professional topics). The Contractor shall provide to the CO and COR, five (5) business days after award, the names, addresses, and phone numbers of the contract manager’s supervisor, contract manager, and an alternate with authority to act for the Contractor if the contract manager cannot be contacted prior to starting performance. Any required changes to this listing shall be submitted in writing to the CO and COR, ten (10) business days prior to the change taking effect.

1.9.4 HOURS OF OPERATIONS

Contractor shall work on call basis, 24 hours a day, 7 days a week and 365 days a year.

1.9.5. PERFORMANCE OF SERVICES DURING MILITARY EXERCISE OR OPERATIONS.

Work stoppages may occur during the execution of this contract due to military exercises or operations. During these times, access to areas supporting the exercise or operation may be curtailed or denied. During scheduled and unscheduled exercises or operations, the contractor must be prepared to postpone performance in coordination with the COR until immediately after completion of the military exercise or operation. No additional cost to the Government for the waiting time until exercise or operation is over.

1.9.6. SECURITY REQUIREMENTS

The contractor personnel shall comply with all requirements and procedures IAW AFFARS 5352.242-9000, Contractor Access to Air Force Installations

1.9.6.1. CONTRACTOR/EMPLOYEE BASE PASS AND IDENTIFICATION, SPECIAL CLEARANCES

AND VEHICLE PASSESS.

The Contractor personnel shall obtain Base Entry Identification, Installation Common Access Card ICAC not later than twenty four (24) Calendar days prior to the Period of Performance (PoP). In order to obtain the ICAC the Contractor is required to submit to the COR following:

• USAFE IMT 79 (Request for Base Entry Identification)

• Memo of Base ID request

• Copy of Passport

• Security Questionnaire for simple security check

• Police Good Conduct Certificate (Polizeiliches Fuehrungszeugnis), USAFE IMT 79, Memo of Base ID request, and the Security Question forms will be provided by COR the 86

CES/CEIE COR.

Contractor personnel will take required documentation to Bldg #134 at Ramstein Air Base, to obtain Base Entry Identification. Contractor Personnel can only gain access to the KMC after the security check has been passed with positive result. It is the responsibility of the Contractor to collect and turn-in the ICAC within one (1) week for personnel no longer employed and in case contract is terminated and/or after end of PoP.

1.9.6.2. ACCESS TO RESTRICTED AREAS

Access to secure areas must be coordinated with the COR. Restricted areas require notification through the COR to the FM/Alternate at least one (1) week prior to the start date to allow time for coordination. The areas are secure or restricted:

• All Ramps, Taxiways, Runways and Munition Areas

1.9.6.3. ESCORT.

The contractor will be escorted for entry to area requiring escorted entry, as needed. Arrangements for escorts will be made by the COR.

1.9.7. SPECIAL QUALIFICATIONS.

Contractor employees performing services shall be able to speak sufficient English to communicate on a basic level with on-site personnel.

1.9.8. CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS.

The contractor shall perform work under this contract consistent with the relevant environmental policy and objectives identified in the installation environmental management system (EMS) applicable for your contract. The contractor shall perform work in a manner that conserves water, energy, and other resources to the maximum extent feasible and ensure minimum production of waste as possible, giving preference to recycling and reutilization opportunities. Furthermore, the contractor shall give preference to less toxic materials whenever available and still reliable for their work. In the event an environmental nonconformance or noncompliance of host nation and USAF environmental laws and regulations associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the contractor shall respond and take corrective action immediately. In the case of a nonconformance, the contractor shall respond and take corrective action based on the time schedule established by the EMS Coordinator. In addition, the contractor shall ensure that their employees are aware of the environmental management system on base and how these requirements affect their work performed under this contract. All on-site contractor personnel shall receive the installation EMS awareness level information.

1.9.8.1 CONFORMANCE WITH ENVIRONMENTAL REQUIREMENTS.

The contractor shall perform all work in accordance with applicable German and US Air Force environmental laws, regulations and operating standards, including but not limited to, the Final Governing Standards (FGS) for Germany.

The contractor shall be immediately capable of understanding and addressing environmental laws and regulations as they pertain to work performed under this contract. The FGS for Germany and other important environmental laws and requirements applicable for all contractors working on base will be made available upon request.

1.9.8.2 DOD MISSION ESSENTIAL SERVICES DURING CRISIS.

IAW DODI 1100.22, Policy and Procedure for Determining Work Force Mix, paragraph 5b, it is determined that none of the services as stated in this PWS are mission essential.

1.9.9 USES AND SAFEGUARDING OF INFORMATION.

Information from the secure website is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

2.0 USER MANUALS.

Data for Air Force service requirements must be input in https://www.sam.gov/SAM/.

3.0 NO GOVERNMENT FURNISHED PROPERTY AND SERVICES WILL BE PROVIDED.

4.0. DAMAGE TO GOVERNMENT PROPERTY.

The Contractor shall report all damages to U.S. Government property within one (1) hour after occurrence to the COR. The Contractor shall be responsible for reimbursing the U.S. Government no later than 30 business days of receipt of claim for all costs associated with damages to U.S. Government property in the performance of services in this contract.

5. APPENDICES.

https://www.sam.gov/SAM/

5.1. Attachment 1: Historical Estimated Workload Data

Attachment 1 Historical Estimated Workload Data

Line Item

Description U/M Qty

1.0 On Call Emergency Response

1.1. On Call 24/7/365 2 hours on site response time MO 12

2.0 POL Fuel Spill (including but not limited to) hydraulic oil, diesel, fuel, JP8, etc):

2.1 On paved surface SQM 1000

2.2 On unpaved surface TON 500

2.3 On/near water area TON 50

2.4 On flowing water KG 300

2.5 Disposal of contaminated soil (AVV170503) TON 50

2.6 Disposal of liquids (AVV160708, AVV050105, AVV130701, AVV130702) LTR 1000

2.7 Dispose of absorbents, wiping clothes, protective clothing contaminated by dangerous substances (AVV150202) KG 200

2.8 Sampling and Analysis EA 4

3.0 Acid Spill

3.1 On paved surface SQM 200

3.2 On unpaved surface TON 100

3.3 On/near water area TON 50

3.4 On flowing water CBM 10

3.5 Disposal of contaminated soil (AVV170503) TON 50

3.6 Disposal of liquids (AVV160709) LTR 500

3.7 Disposal of absorbents, wiping clothes, protective clothing contaminated by dangerous substances (AVV150202) KG 100

3.8 Sampling and Analysis EA 2

4.0 De-Icing Fluid Spill

4.1 On paved surface SQM 1000

4.2 On unpaved surface TON 30

4.3 On/near water area TON 50

4.4 On flowing water CBM 500

4.5 Disposal of contaminated soil (AVV170503) TON 50

4.6 Disposal of liquids (AVV160114) LTR 500

4.7 Disposal of absorbents, wiping clothes, protective clothing contaminated by dangerous substances (AVV150202) KG 200

4.8 Sampling and Analysis EA 4

4.9 Freimessung (Final Analysis Report) EA 5

5.0 Backfill with uncontaminated soil

5.1 Material from Airbase (transportation cost only) TON 100

5.2 Material from Contractor (Includes material and transport cost) TON 100