Attachment 1 Spill Response PWS 2025.pdf

Performance Work Statement (PWS)

Spill Prevention and Response Exercise Contract

2 September 2024

SECTION C-1.0 INTRODUCTION

C-1.1 General Description. Under the direction of DLA Energy, support under this contract will enable facilities that store fuel to participate in mandatory annual exercises in accordance with the applicable laws, rules, regulations, and guidance for spill prevention and response. This contract will allow DLA Energy to ensure facility personnel are able to recognize their responsibilities to ensure an effective spill response. The exercises shall involve a mix of instruction/exercise room and hands-on instruction to enable participants to practice and demonstrate knowledge of required spill response actions.

C-1.2 Objectives. The objective is to perform compliant exercise services in accordance with the requirements outlined within this PWS. The goal is to engage all of the stakeholders identified in the installation’s site-specific spill plan.

SECTION C-2.0 BACKGROUND

C-2.1 Executive Order (EO) 12088, Federal Compliance with Pollution Control Standards, directs all Federal agencies to comply with environmental laws and applicable pollution control standards. The exercises shall be in accordance with the applicable laws, rules, regulations, and guidance for each foreign or domestic site. This can include, but is not limited to: 40 CFR 112, Oil Pollution Prevention; National Preparedness for Response Exercise Program (PREP) Guidelines; DoD 4715-5G, Overseas Environmental Baseline Guidance Document (OEBGD);

Status of Forces Agreements (SOFA), Final Governing Standards (FGS), or any other binding agreement between the United States and a host nation.

SECTION C-3.0 SCOPE

C-3.1 General Scope of Work. This PWS describes the required exercises and support services located at Section C-5.2 and the list of installations located at Appendix E (Workload Data). The government reserves the right to increase or decrease the requirements in Sections C-5.2 and Appendix E by contract modification as required. Additional contract specifications and considerations can be found in the Appendices.

SECTION C-4.0. APPLICABLE DIRECTIVES

40 CFR 112 Oil Pollution Prevention National Preparedness for Response Exercise Program (PREP) Guidelines DoD 4715-5G, Overseas Environmental Baseline Guidance Document Status of Forces Agreements (SOFA) Applicable Final Governing Standards (FGS) Site-specific Installation Spill Plan (E.g. FRP, SPCC, or equivalent) Any applicable and valid agreement between a host nation and United States of America Any applicable Federal, state, local law, rule, or regulation

SECTION C-5.0 PERFORMANCE REQUIREMENTS

C-5.1 Exercises

C-5.1.1 Exercise Delivery. The contractor shall develop and conduct annual exercises for attendees in accordance with PREP guidelines to include tailored exercises in accordance with each individual Facilities’ Response Plan (FRP), Spill Prevention and Response Plan (SPRP), Spill Prevention, Control and Countermeasure Plan (SPCC) or equivalent. The contractor shall ensure the exercise provide hands-on and instruction/exercise room instruction appropriate to the exercise required in the PREP and in accordance with the required exercise detailed below under C-5.1. The contractor will develop an awareness briefing identifying occupational safety & health hazards and controls for all exercise events, and incorporate briefing as an opening agenda item for all exercises conducted. Exercise hours are limited to 8 hours per day.

C-5.1.2 Site-Specific Exercises. The exercise shall be tailored to Moron AB’s FRP, SPRP, SPCC, or equivalent. The briefing slides that are utilized/displayed during the event shall be included in the course materials. The course materials shall also include pertinent information from the spill plan to include, but not limited to: where the “red plan” or equivalent is located, Qualified Individual contact information, emergency phone numbers, reporting requirements, and Oil Spill Response Organization (OSRO) contact procedures, if applicable.

C-5.1.3 Spill Trajectory Modeling. Spill trajectory modeling, such as PISCES II, shall be utilized during the exercise to help the attendees understand the topography of the facility and how the spilled substance will likely behave under weather conditions, etc. In addition, the modeling shall be able to show the impact of the spill response actions being taken. This modeling shall be displayed in a manner that allows all of the attendees to view the process simultaneously.

C-5.1.4 Equipment Deployment. The contractor shall conduct Equipment Deployment Exercises that require deployment of all of the installation-owned equipment types cited in the spill plan. If the spill response equipment is OSRO-owned, it shall be documented by the instructor that the installation is aware they must obtain verification of deployment from the OSRO in order to be in compliance with the requirements of Oil Pollution Act of 1990 (OPA 90).

C-5.1.5 Travel. With the exception of the 8-Hour Remote Exercise (see paragraph C-5.2.1.6) and Eight (8) Hours Consultation/Trainer Support (see paragraph C-5.2.2.1), instructors will be required to travel to assigned installation(s) in order for the contractor to meet exercise requirements. Travel will be required for Annual Exercise at Foreign Installations. Travel costs shall be included in the exercise pricing under the contract and are the responsibility of the contractor.

C-5.2 Exercise Types and Support Services

C-5.2.1 Annual Exercise at Foreign Installations. The contractor shall conduct spill prevention and response exercises utilizing the site-specific spill plan. The exercise shall include instruction/exercise room instruction, a tabletop exercise, and an equipment deployment/spill response exercise in accordance with the applicable Spill Response Exercise guidelines appropriate to the host nation. Spill kits and safety showers/eye stations shall be inspected as part of the exercise, as appropriate. The Contractor shall work with the installation Environmental

Office, or equivalent, to determine the associated requirements of the host nation. The scenario for the spill training should involve the current construction activities on the ramp where the fuel pipeline is at risk of being damaged and therefore the spill scenario should be a catastrophic spill event. The contractor shall ensure the SMT is familiar with the spill plan and is able to use it effectively to conduct a spill response. In addition, the contractor shall facilitate the performance of an Equipment Deployment Exercise for installation-owned spill response equipment. An inspection and assessment demonstration shall be conducted to ensure adequacy and serviceability of all spill response equipment identified in the spill plan. Both a lead instructor and facilitator and/or instructor shall be provided for each foreign installation exercise event (Refer to paragraphs C-5.5.3 and C-5.5.4 for instructor qualifications). The exercise shall have, at a minimum, 12 contact hours with the participants to include the spill response exercise.

C-5.2.2 Support Services

C-5.2.2.1 Eight (8) Hours Consultation/Trainer Support. Contractor shall provide eight hours of consultation and/or exercise support. The 8 hours of work shall either be in conjunction with an existing event to extend the assigned instructor(s) time on site, or off-site support with no additional travel requirements. The hours do not have to be consecutive and may be used over a period of time, as deemed necessary, to support the effort. Objectives for these support sessions will be clearly defined in task orders or task order modifications.

C-5.3 Exercise Scheduling. The Contractor shall coordinate the scheduling of the exercises by providing an introduction and scheduling letter to installation stakeholders as described in paragraph C-6.3 of this PWS. The contractor shall ensure each installation identified in task orders are scheduled for the appropriate level of exercise reflected in the task order. The contract is based on calendar year and the contractor shall ensure the schedule affords for the completion of all exercises to include allowances for rescheduling of exercises due to unforeseen circumstances. The contractor shall occasionally expect installations to require events to be rescheduled. Should rescheduling become an issue of concern, the contractor shall report the situation to the 496th ABS POC with sufficient time to resolve the issue prior to the end of the calendar year to avoid exercise non-compliance issues. The contractor shall work with the identified installation stakeholders to resolve any issues or concerns with the scheduling of the events and encourage maximum participation. Scheduling efforts include, but are not limited to, confirming adequate meeting space is available and reserved, establishing dates, and ensuring all stakeholders are notified and encouraged to participate. The DFSP COR (see Appendix D, paragraph 1.4) shall be notified immediately should installation personnel or DLA-funded contractors not be willing to support the exercise. The government reserves the right to request a modified exercise announcement letter that would be sent from the government to the identified installation stakeholders in the schedule.

C-5.3.1 Exercise Downgrade – Participation of the key stakeholders identified in an installation’s spill plan are required for a compliant OPA 90 exercise. In light of this, any scheduled OPA 90 exercise in which the installation stakeholders have declined to participate and only DLA-funded contractors will be attending shall be converted from a scheduled OPA 90 exercise event to an Eight (8) Hour (One Day) Site-Specific Spill Prevention and Response Exercise event to maximize funding. In the event that the contractor shall notify the 496th ABS POC of this situation to ensure all efforts have been made to encourage attendance and participation. In the event that participation from key stakeholders cannot be secured, the contractor shall promptly notify the 496th ABS POC and contracting officer and request a modification to the contract.

C-5.4 Furnished Property/Equipment

C-5.4.1 Government Furnished Property/Facilities

C-5.4.1.1 Restricted Use. All Government Furnished Facilities and Equipment (GFE) shall be utilized in strict performance of task related duties and the contractor shall maintain policies that prohibit fraud, waste, and abuse.

C-5.4.1.2 Instruction/exercise room. The Government shall provide instruction/exercise room space or office space. The contractor shall conserve utilities by operating under conditions that preclude wasteful use of utilities.

C-5.4.1.3 Safeguard of GFE. The contractor shall safeguard any GFE issued by the installations at the installations in accordance with the terms and conditions under the contract.

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 in accordance with (IAW) instruction and procedures provided by the local installation POC.

C-5.4.1.4 Damaged or Unserviceable GFE. Any damaged or unserviceable GFE shall be reported to the local installation POC within one working day of occurrence except when the unserviceable GFE interrupts exercises, the condition will be reported immediately. Any damage or unserviceable condition caused by contractor negligence shall be repaired or replaced at contractor expense.

C-5.4.1.5 Government-Owned Documents. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports shall be maintained by the contractor, but remain the property of the U.S. Government. These files/results shall be surrendered to the 496th ABS POC upon request and/or contract close- out.

The contractor shall comply with all terms and conditions under the contract, including but not limited to, applicable Department of Defense (DoD) security regulations and procedures during the performance of this contract. The contractor shall not disclose and shall safeguard computer systems and data, Privacy Act data, and government personnel work products that are obtained or generated in the performance of this contract. This includes dissemination of protocols and papers not generally available through the public literature.

C-5.4.2 Contractor Furnished Property, Items, and Services

C-5.4.2.1 Course Materials. The contractor shall obtain a copy of the installation’s spill plan or equivalent and shall be familiar with the plan prior to conducting the exercise. Should the contractor have difficulty with obtaining the installation’s spill plan, they shall engage 496th

ABS POC for assistance in obtaining the plan. The contractor shall provide each attendee with a copy of the course materials. The course materials shall be site-specific and shall include documentation from the current spill plan. The course materials shall include pertinent information from ‘red plan’ or equivalent, to ensure the attendees are familiar with the plan and the key information for immediate response. Any slide that is presented during the instruction/exercise shall be included in the course materials. For last minute changes or additions to the course materials, the information shall be provided at the time of the event. For OPA 90 exercises, the course materials shall include an OPA 90 requirements checklist to assist the installations in accomplishing the required tasks throughout the year. The course materials shall also include the name and email address of the current 496th ABS POC with a statement that they can contact the 496th ABS POC concerning the exercise.

C-5.4.2.2 Exercise Equipment. The contractor shall provide exercise equipment as applicable (e.g. projector, speakers, etc.) to perform under the PWS.

C-5.5 Staffing

C-5.5.1 Employee Records - The contractor shall maintain current personnel and job qualification records and provide a staffing matrix identifying manning by positions to perform all required tasks to meet the requirements of this PWS. The contractor shall notify the CO and immediately remove from contract support and replace any employee who fails to meet/maintain required qualifications, is deemed unsuitable for performance, or fails to conduct themselves in accordance with the terms and conditions of the contract.

C-5.5.2 Contractor’s Program Manager (PM). The contractor shall provide a PM and an alternate who shall be responsible for the management and oversight of the contract. The names of these individuals, who shall have full authority to act on behalf of the contractor, shall be designated in writing to the CO. The PM or alternate shall be available during the hours of any contract employee travel or during exercise events to address any emergencies or significant issues or concerns. For standard business, at a minimum, availability shall be from 0800 – 1700, Mid European Summer Time, Monday through Friday.

C-5.5.3 Instructor Qualifications – Prior to commencement of work, the contractor shall ensure their instructors have, at a minimum, ten (10) years of experience in spill response activities and have served as instructors in both classroom and field activities. Resumes for all instructors shall be submitted to the 496th ABS POC for consideration. With due cause (complaints, tardiness, etc.), the government reserves the right to request specific instructors not be used or to limit their level of support for exercise events. (see paragraph C-5.5.1)

C-5.5.4 Lead Instructors – In addition to the qualifications listed under paragraph C-5.5.3 for Instructors, Lead Instructors shall possess first-hand, on-scene, large-scale spill response experience (10,000 gallons or greater). This experience can be government or private sector response.

C-5.5.5 Additional Personnel - The contractor shall provide supervisory and administrative personnel qualified to accomplish the requirements specified by this PWS. Contractor personnel must possess the skills, knowledge, abilities, and training to satisfactorily perform the required services. The Government and the contractor shall understand and agree that the services to be delivered are non-personal services and both parties recognize and agree that no employer-employee relationships exist between the government and the contractor and/or between the government and the contractor’s employees.

C-5.5.6 Standards of Conduct and Code of Ethics - Contractor personnel shall conform to standards of conduct and a code of ethics consistent with those applicable to government employees as provided in the Joint Ethics Regulation 5500.7.R. Contractor personnel shall present a neat and professional appearance. Contractor employees shall comply with the local or host nation laws, rules, and regulations to include, but not limited to, SOFA at each location.

C-5.5.7 Mastery of English and Spanish Language - All instructors shall be able to read, write, speak, and understand English and Spanish and instruct in a manner that is clearly understandable to the participants.

C-5.5.8 Driver’s Licenses - The contractor shall ensure employees who travel to installations under this contract have proper driver’s licenses, to include international driver’s licenses, when public transportation is inadequate to support required work.

SECTION 6.0 CONTRACT DELIVERABLES

C-6.1 Meeting Minutes. The contractor shall prepare and maintain minutes of any meeting between the contractor and the CO and/or Contracting Specialist (CS) to include the post award conference, periodic progress meetings, and any other formal meetings. The minutes shall be submitted to the CO for review within five (5) working days. The minutes will be signed by the contractor’s PM and the CO or designated representative and recorded in the contract file. If the contractor does not concur with any of the findings or decisions discussed during any meetings, such non-concurrence shall be provided, in writing, to the CO, in conjunction with the meeting minutes.

C-6.2 Representative Samples of Instruction. Within ten (10) working days of the award of the contract, the contractor shall submit to the CO for approval, a representative sample of the instruction for Annual Exercises at Foreign Installations Spill Prevention and Response Exercises. This shall include all associated deliverables of an actual exercise event to include course materials and the exercise completion report information as described in paragraph C-6.4.

C-6.3 Introduction and Scheduling Letter. Within 90 days of issuance of an award, but no later than 10 days prior to an exercise, the contractor shall provide an introduction and scheduling letter to the 496th Air Base Squadron. The letter shall explain, at a minimum, the objectives of the exercise, the requirements, scheduling options, and the target audience based on the installation’s spill plan.

C-6.4 Exercise Completion Reports (ECR). The contractor shall provide final and accurate exercise completion reports within ten (10) working days after the final day of the exercise. In addition to the regulatory/military-service required documentation, the ECR shall include at a minimum, but is not limited to: sign-in rosters sign-in sheets shall include, at a minimum, name, office code, email address, and phone number); event synopsis; lessons learned; both positive and negative observations (e.g. attendance, non-compliance, etc.); trajectory modeling documentation;

and recommendations for correction and/or improvement, when warranted. Should an installation be out of compliance with spill prevention and/or response requirements, the instructor shall ensure the appropriate stakeholders are aware (Refer to Appendix D - Personnel, paragraph 1.4 Installation Stakeholders), and the ECR shall have noted the action taken to ensure this was clearly communicated to installation personnel and that the 496th ABS POC was notified of the non-compliance in a separate email. The ECR shall include a cover sheet with, at a minimum, the following information: installation name and the number of contractor employees in attendance.

The ECR reports shall be provided electronically to the 496th ABS POC.

APPENDIX A – CONTRACT SPECIFICATIONS

1.1 Hours and Days of Operation. At a minimum, the contractor shall be expected to deliver courses of instruction of no more than 8 hours of contact time per day between the hours of 0600 and 1800 hours (6:00 AM and 6:00 PM), Monday through Friday, with the exception of official Federal holidays. Travel may be required on Saturdays, Sundays, and legal holidays based on the exercise schedule.

1.2 Place of Performance. The principal place of performance is Moron AB Spain.

1.3 Physical Requirements and Work Environment. Work performed in accordance with this PWS shall be performed in an office, instruction/exercise room, and/or outdoor setting, as appropriate, involving normal day-to-day risks, weather, and discomforts. The work will require prolonged periods of standing or walking. The contractor shall be responsible for ensuring that employees are familiar with and follow safety precautions typical in an office, instruction/exercise room, and outdoor settings.

1.4 Exercise Attendance. Attendance per exercise session varies and can be as many as one hundred (100) participants. Attendance is typically influenced by the size and type of installation and the spill scenario.

2.1 Operations Security (OPSEC)

2.1.1 Disclosures - Neither the contractor nor any of its subcontractors shall disclose nor did cause to be disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal action.

2.1.2 Conduct Business. Only the CO shall direct the contractor or authorize actions. The CS shall support the CO for this contract and the 496th ABS POC shall be the day-to-day DLA Installation Operation for Energy POC.

2.1.3 Identification of Contractor Employees. To avoid creating an impression that they are government officials, all contractor personnel shall identify themselves as contract personnel when attending meetings, answering government telephones, communicating by written correspondence, or working in other situations where their contractor status is not obvious to third parties. The contractor shall also ensure all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

2.1.4 Right to Inspect - While on an installation, government personnel have the right to inspect contractor employee documentation for security violations at any time during the term of the contract.

2.1.5 Key Control. The contractor shall be responsible for keys provided to the contractor by the government. The contractor shall establish and implement procedures to ensure that issued keys are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the government. Control procedures for any government-provided keys or lock combination shall be followed.

2.1.6 Cellular Phone Usage on DoD Installations. The Contractor shall be aware of, and comply with, all restrictions concerning the use of cellular phones on all DoD installations.

2.2 Occupational Safety & Health

2.2.1 The contractor is responsible for establishing and executing an occupational safety & health program in accordance with 29 CFR 1910 and 29 CFR 1926 including provisions of local, State, and Federal ordinances.

2.2.2 The contractor is responsible for all recordkeeping related to occupational safety & health in accordance with 29 CFR 1904.

2.2.3 The contractor shall respond to the Contracting Officer upon request in writing regarding safety compliance inspections of its operations performed internally and externally.

APPENDIX B - CONTRACTOR DELIVERABLES SCHEDULE

Deliverables shall be electronic and are required in accordance with the following schedule:

Deliverable Deadline/Frequency Submit to:

Meeting Minutes (C-6.1) Within 5 working days of the meeting

CO

Representative Samples of Instruction (C-6.2)

Within 10 working days of award of contract

CO

Introduction and Scheduling Letter (C-6.3)

Within 90 days of issuance of a contract, but no later than 10 days prior to an exercise

1. POCs identified in the Schedule (C-6.7)

Exercise Completion Reports

(ECR) (C-6.4)

Within 10 days of completion of exercise

496th ABS POC

APPENDIX C - PERFORMANCE REQUIREMENTS SUMMARY

Requirement/ Reference Performance Standard Performance Measure

Provide annual exercise in accordance with the applicable spill response exercise guidelines to include tailored exercises in accordance with each individual Facilities’ Response Plan (FRP), Spill Prevention and Response Plan (SPRP), or equivalent.

(C-5.1.1)

- Exercises must include a mixture of hands-on and exercise room instruction appropriate to the exercises required at the site.

- Must use current technologies like spill trajectory modeling displayed in a manner in which all of the attendees are able to view the process.

100% Conformance

Provide a staffing matrix identifying manning by positions to perform all required tasks. (C-5.5)

- Personnel must possess the skills, abilities, and exercise experience to satisfactorily perform the required services.

- Instructors must have a minimum, ten (10) years of experience that is current and applicable to the requirements of the

PWS.

- Lead instructors must have documentation showing first-hand, on-scene, large-scale spill response experience (10,000 gallons or greater).

- All instructors must be able to read, write, speak, and understand English and Spanish and instruct in a manner that is clearly

- Understandable to the participants.

100% Conformance

Provide a PM and an alternate who shall be responsible for the management and oversight of the contract. (C-5.2.2)

- Shall be available during the hours of any contract employee travel or during exercise events to address any emergencies or significant issues or concerns.

- For standard business, at a minimum, availability shall be from 0800 – 1700, Eastern Standard Time, Monday through Friday.

100% Conformance

Provide each exercise attendee with a copy of the course materials. (C-5.4.2.1)

- Course materials shall be site-specific and shall include documentation from the current spill plan.

- Course materials shall include pertinent information from ‘red plan’ or equivalent, to ensure the attendees are familiar with the plan and the key information for immediate response.

- All briefing slides presented during the instruction/exercise shall be included in the course materials.

100% Conformance

Ensure Customer Satisfaction (C-5.1.1 & C-5.5.6)

- All contractor staff shall perform in a professional and business-like manner with no validated customer complaints.

100% Conformance

APPENDIX D - PERSONNEL

1. Government Personnel.

1.1 Contracting Officer (CO). The CO is the person who can bind the Federal Government of the United States to this contract. This is limited to the scope of authority delegated to the CO.

1.2 Contracting Specialist (CS). The CS supports the CO and provides government oversight.

1.3 496th Air Base Squadron POC (496th ABS POC). The contract 496th ABS POC is a government official appointed in writing by the CO who provides clarification and guidance with respect to the contract specifications and this Performance Work Statement. The POC is not authorized to obligate or authorize commitments by the government.