Attachment 9 Performance Work Statement TSDF Inspections.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

DEFENSE LOGISTICS AGENCY (DLA)

DISPOSITION SERVICES (DS)

TREATMENT, STORAGE AND DISPOSAL FACILITIES (TSDF)

AND HAZARDOUS MATERIAL (HM) SALES DESTINATION

3RD PARTY SITE VISIT

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE

3. CLIN 0001 – CONUS SITE VISIT

4. CLIN 0002-0007 – OCONUS SITE VISIT

5. PLACE OF PERFORMANCE

6. UNITED STATES FEDERAL HOLIDAYS

7. CONTRACTOR RESPONSIBILITIES

8. GOVERNMENT RESPONSIBILITIES

9. QUALITY ASSURANCE (QA)

10. SPILL RESPONSIBILITY

11. POINTS OF CONTACT (POC)

12. INVOICING INFORMATION

13. CONTRACT MINIMUM AND MAXIMUM

1. INTRODUCTION:

a. The Defense Logistics Agency (DLA) Disposition Services (DS) is a Major Subordinate Command (MSC) of the Defense Logistics Agency (DLA) with the responsibility of disposing and reutilizing the United States Government (USG) Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the public, or ultimate disposal through abandonment or destruction. The headquarters for DLA DS is in Battle Creek, Michigan. DLA DS has a responsibility to provide DoD with reasonable assurance that all hazardous property is ultimately handled in an environmentally safe manner within the Continental United States (CONUS) and Outside the Continental United States (OCONUS).

b. This requirement for a 3rd party site visit contract that supplements the USG vetting program that evaluates environmental responsibility on the sites that process DoD hazardous property received through disposal and sales contracts.

c. This is a Firm-Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract.

The contract period of performance starts from the “award/effective date” as reflected in block three (3) of the SF1449. The Contracting Officer (KO) may extend the 3rd Party Site Visit for extenuating circumstances.

d. This contract will require the Contractor to register with the Synchronized Predeployment and Operational Tracker (SPOT) to account for certain contractor personnel and to comply with the SPOT business rules at https://www.acq.osd.mil/log/ps/spot.html.

e. Upon issuance of a TO, the Contractor shall complete all requirements of this PWS for each Site Visit within 60 business days after site visit occurs. This contract authorizes a deviation from the work completion timeframe where up to five (5) draft reports can be requested by the Government to be submitted within three (3) weeks after site visit occurs.

f. The contract consists of a period of performance of one (1) 12-month base period and four (4) 12-month options and shall not exceed five (5) years or 150% of the maximum estimated value of the entire contract.

g. The USG may accompany the site visit Contractor on any site visit. The site visit Contractor will provide the USG with their travel plans so the USG can make and pay for their own travel arrangements.

h. Any reference to Contractor throughout this PWS refers to the Contractor or Subcontractor should one be utilized. The Contractor is solely responsible for all associated work to be completed In Accordance With (IAW) this PWS.

2. SCOPE:

https://www.acq.osd.mil/log/ps/spot.html

The Contractor will provide assessment services to the degree that the USG technical reviewers may effectively evaluate the following:

a. If Hazardous Waste (HW) disposal Contractor Treatment Storage and Disposal Facilities

(TSDFs) are:

1. In compliance with applicable Federal, State and Local laws and regulations

2. In conformance with a USG Waste Disposal Contract Terms and Conditions, for reference the contractor can refer to the example at Attachment 1

3. Verify the USG waste has been disposed as reported by disposal Contractors

4. For OCONUS, TSDFs to ensure they are in compliance with the applicable host nation environmental regulations, Final Governing Standard (FGS), see example at (Attachment 2), and/or Overseas Environmental Baseline Guidance Document (OEBGD) (Attachment 3)

b. If Hazardous Material (HM) sales destinations are:

1. In compliance with applicable Federal, State and Local laws and regulations

2. In conformance with the applicable Invitation for Bid (IFB) Contract, see Example

(Attachment 4)

3. In conformance with the Statement of Intent (SOI) (Attachment 5)

3. CLIN 0001 – CONUS SITE VISIT:

The Contractor shall:

a. Coordinate and notify the facility identified to be assessed. Fourteen (14) business days notification to the facility is necessary to gain access to all pertinent areas and to gather documentation requiring review.

b. Contact the facility to be assessed to schedule a site visit date. If a schedule is not agreed upon, promptly notify the USG identified Point of Contact (POC) below in Section 11 of this PWS. The USG may elect to identify a different facility. When assessment dates are scheduled, coordinate the finalized schedule with the USG identified POC.

c. Provide detailed information that appears in the reports, checklists, and/or attachments that support the evaluation, finding(s) or recommendation(s). Reports shall not require extensive clarification, comments, or questions from the USG.

d. Resolve any USG identified issues with the report, completed checklists, and/or attachments.

e. Generate a report for each on-site visit. The report will include the following information located in Attachment 7, Site Visit Contractor Final Report, but not be limited to those items referenced in the attachment.

f. Provide an overall executive summary of the site visit that will include a site ranking of High, Medium, or Low. See Attachment 8, Overall Executive Summary Site Ranking of High, Medium, Low for ranking and descriptions

g. Notify the USG identified POC within two (2) business days if any of the following is identified during a site visit:

1. The facility is no longer in operation.

2. The facility is a significant non-complier exhibiting Resource Conservation and

Recovery Act (RCRA) Class 1 violations and has not entered into a compliance schedule or similar action.

3. The facility received an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 business days from the time of issued order or judicial action.

4. The facility has a history of noncompliance (including, but not limited to, FGS or OEBGD non-conformance, RCRA class I and II violations, Occupational Safety and Health Administration (OSHA) violations, state and local violations, etc.) and exhibits a lack of "good faith" in correcting violations. A "good faith" effort is promptly signing a consent agreement with the regulatory authorities and performing in compliance with the agreement for at least six (6) months. Repeated violations are a lack of "good faith".

5. The facility has groundwater contamination or does not meet groundwater anti-degradation policy.

6. The facility does not have adequate permits or is not capable of handling the proposed waste.

7. The facility received a High-Risk recommendation resulting from this contract’s services.

8. The facility transports DoD waste to a facility not on the Qualified Facility List (QFL), see http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWaste Disposal.aspx

9. The facility's financial assurance is not sufficient to protect the USG long-term interests.

10. The facility is unable to demonstrate tracking of DoD waste from entry to exit.

11. The facility manages property in a manner that causes the generator of the manifest to file exception reports IAW 40 CFR 262.42 or state equivalent.

12. The facility has not received Government waste for a period of twelve (12) consecutive months.

13. Requested facility documentation is not provided.

14. The facility operates in a manner that is not IAW identified contract requirements.

15. The facility does not have or does not enforce 24-hour security measures.

16. The facility does not allow or limits access for a site visit by USG personnel or representatives.

17. The facility caused damage, spills, contamination, and/or fines while providing services for the USG.

http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx http://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal.aspx

h. For HM sales facilities, verify tracking and purchaser compliance with the IFB contract and SOI requirements.

i. Complete the applicable DLA Form 2510, TSDF Inspection Guidelines & Checklist (Attachment 6) when evaluating HM sales facilities.

j. Complete all USG provided documents and inspections forms in their entirety and be included in the Contractors final report.

k. Submit each report for each facility inspected with completed checklists and attachments that will be uploaded into a SharePoint website established and maintained by the site visit contractor. If USG access is restricted and Information Technology (IT) support is unable to obtain access, the site visit contractor will mail the report, completed checklists and attachments for each site visit to the POC listed in Section 11 of this PWS at no additional cost to the USG.

4. CLIN 0002 – 0007 OCONUS SITE VISIT:

The Contractor shall:

a. In addition to the requirements listed in CLIN 0001 the Contractor shall do the following when conducting a site visit at an OCONUS site:

1) In addition to an overview of the relevant laws and regulations, specifically identify if OEBGD (Attachment 3) or FGS (Attachment 2) applies and identify what elements of these requirements are applicable to the facility operations and processes. The USG POC will provide a copy of the relevant OEBGD or FGS upon Contractor’s request.

5. PLACE OF PERFORMANCE:

a. The Contractor shall perform services on the facilities identified and provided to them by the USG POC. The facilities will be in the Continental United States (CONUS) and Outside the Continental United States (OCONUS).

b. The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the USG facility/installation 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.

6. UNITED STATES FEDERAL HOLIDAYS:

The Contractor is not required to provide services on the 11 United States (US) Federal Holidays observed unless approved by the KO. When the legal holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When the legal holiday falls on a Saturday, the preceding Friday is observed as the holiday. The following holidays are observed:

United States Observed Federal Holidays:

New Year’s Day January 1st Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th

7. CONTRACTOR RESPONSIBILITIES:

The Contractor shall provide the following listed below solely for the purpose of performance under this contract:

a. Furnish all properly trained personnel, management, supervision, licensing, subcontractors, equipment, tools, materials, transportation, products and supplies necessary to perform the site visit.

b. Key personnel that are qualified and experienced professional personnel are essential for the successful completion of site visit services ordered under this contract. These positions are defined as key personnel. The USG considers the following positions as key personnel:

1) Regulatory Compliance Specialist

2) Environmental or Environmental Scientist

3) Environmental Engineer, P.E.

4) Program Manager

c. See FAR 52.212-01 Fill-in coverage Section 1.3 Technical Proposal.

8. GOVERNMENT RESPONSIBILITIES:

a. The USG will provide a historical spreadsheet of shipments for each selected facility after contract award. The historical spreadsheet will be used to verify tracking of waste removed on disposal contracts. The site visit contractor will select at least three sample shipment lines to review. The site visit contractor will review and request copies of records that demonstrate where, when, and how DoD generated property was processed.

Documentation may include manifests, certificates of disposal or recycling, and/or facility operational logs.

b. The USG will provide DLA Form 2510, TSDF Inspection Checklist (Attachment 6). The site visit contractor will complete this form when assessing facilities that were used for disposal contracts.

c. For HM sales facilities, the USG will provide an HM Inventory spreadsheet so the site visit contractor can verify tracking and purchaser compliance with the IFB contract and SOI requirements.

d. The USG will provide the applicable HM site visit form.

e. The USG will furnish to the site visit contractor at the time of contract award, all necessary documents for use during the performance of this contract. Government-owned documents are furnished pursuant to contract clause FAR 52.245-4, "Government- Furnished Property (Short Form), (June 2003)”.

f. The USG will provide a list of facilities, facility POCs, and telephone numbers to the site visit contractor upon TO issuance.

g. For OCONUS facilities, a regional USG POC will be provided. The site visit contractor will include the USG POC in all coordination with an OCONUS facility.

h. For final report acceptance the report will be reviewed by the USG to ensure the site visit contractor report provides usable and meaningful information as required.

9. QUALITY ASSURANCE:

a. The USG will evaluate the Contractor’s performance under this Contract IAW the

Acceptable Performance Levels (APLs) listed below. All work required by the Contract is subject to surveillance whether specifically identified.

Deliverable Standard Time

Frame Section Acceptable

Performance Level

Method of Surveillance

Complete all Requirements for each Site Visit

Requirements of the PWS

60 Business days

PWS 1.e. No more than one (1) failure during each period of performance.

POC

Coordination and notification with the facility to be assessed

Gain access to all pertinent areas and gather documentation requiring review

Within fourteen (14) business days

3.a. No more than one (1) failure during each period of performance.

POC

Notify USG POC When discrepancies are identified during a site visit

Within two

(2) business days of site visit completion

PWS 3.g.

1-16

No failures during each period of performance.

POC

10. SPILL RESPONSIBILITY:

The Contractor is solely responsible for all spills or leaks during the performance of this contract, which occurs because of, or is contributed to by the actions of its agents, employees, or subcontractors. The Contractor shall clean up such spills or leaks to the satisfaction of the USG in a manner that complies with applicable Federal, state, and local laws and regulations. The clean-up shall be at no cost to the USG. The Contractor shall report all such spills or leaks, regardless of their quantity, to the POC and KO immediately upon discovery. A written follow-up report shall be submitted to the POC and KO not later than twenty-four hours after the initial telephonic report. The written report shall be in narrative form, and at a minimum shall include the following:

1) Description of item spilled (including identity, quantity)

2) Whether the amount spilled is Environmental Protection Agency (EPA) or state reportable, and if so, whether it was reported

3) Exact time and location of spill including a description of the area involved.

4) Containment procedures initiated

5) Summary of any communications Contractor has with press or USG officials other than the KO

6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue

7) Description of item spilled (including identity, quantity)

11. POINT OF CONTACT (POC):

a. USG provided documents, scheduling issues, PWS questions, report submissions, urgent notifications, and finalized coordinated schedules; contact DLA DS POCs below.

Primary POC:

DLA DS HQ

Ms. Jennifer Bechtel

74 North Washington Ave Battle Creek, Michigan 49037 269-961-5914 Jennifer.Bechtel@dla.mil Alternate POC:

DLA DS HQ

Mr. Cameron Schuemann 74 North Washington Ave Battle Creek, Michigan 49037 269-486-1621 Cameron.Schuemann@dla.mil

b. In the event a new POC is needed the information will be provided by the KO upon receipt of the TO as personnel changes occur throughout the duration of the contract.

12. INVOICING INFORMATION:

The Contractor will invoice monthly through the DoD Wide Area Workflow (WAWF) system. Invoices must be submitted through WAWF in accordance with Defense Federal Acquisition Regulations Supplement (DFARS) 252.232-7003. Refer to https://wawf.eb.mil for additional information.

13. CONTRACT MINIMUM AND MAXIMUM: The Contract minimum guaranteed ordering amount for the base period of performance is $2,000.00. There is no minimum guarantee for option periods. The maximum Contract value is 150% of the cumulative estimated Contract amount for all periods of performance.

FAR 52.212-01 Fill-in coverage:

1.0 PROPOSAL SUBMISSION (FORMAT AND CONTENT): The following describes the information that must be furnished as part of the proposal and the format which must be presented. Proposals which do not provide the required information in the prescribed format at the time of the initial submittal may be excluded from further consideration. Offers are strongly encouraged to read provisions.

FAR 52.212-1, “INSTRUCTIONS TO OFFEROS – COMMERCIAL ITEMS”.

1.1 FORMAT: The offeror shall submit documentation (one original electronic form, standard Microsoft based Word and / or Excel, and or .PDF files) in response to this solicitation subject to the requirements in this provision. The offeror’s outline should demonstrate, in detail, how their organization, internal work processes and procedures meet the US Government’s requirements for performance under this solicitation.

1.2 PROPOSAL SUBMISSION: The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which mailto:Jennifer.Bechtel@dla.mil mailto:Cameron.Schuemann@dla.mil do not provide the required information in the prescribed format shall be excluded from further consideration. Offerors should not include extraneous information that is not required to be submitted by 1.4. All proposals shall be valid for 90 days.

(a) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume 1, Volume 2, Volume 3. Proposal submissions will consist of one original copy submitted electronically. If multiple electronic files are submitted, each electronic file shall identify it as part of Volume 1, 2 or 3.

VOLUME 1: Proposal Certifications and Price Schedule. (i) FAR 52.212-1(b) Information, except (b)(10). (b)(10) Information shall be in Volume 2. The Price Schedule is Attachment 10.

VOLUME 2: Past Performance Proposal. (See 1.4 below) (b) Submission of proposal by email should be sent to: matthew.wonch@dla.mil

VOLUME 3: Technical Proposal (See 1.3 below).

Emailed proposals are to be sent to matthew.wonch@dla.mil

1.3 Technical Proposal

(a) The submission of a technical volume is required. The technical volume is to ensure that personnel are qualified and experienced professional personnel. The USG considers the following positions as key personnel:

1. Regulatory Compliance Specialist

2. Environmental or Environmental Scientist

3. Environmental Engineer, P.E.

4. Program Manager

(b) Key personnel must have both academic and hands-on field experience in environmental inspections and environmental compliance services.

(c) Key Personnel Documentation shall be submitted with the following documentation for each key employee:

1. Places, dates and names of prior and current employers; titles and positions held;

and a clear, concise description of the duties the key person performed relative to the services required by this request.

2. College degrees earned from accredited institutions, names and locations of the institutions attended, major subject(s) studied and inclusive dates of attendance.

3. Indicate which key employee(s) possess hands-on field experience relative to the requirements contained in this request. The offeror must include the inclusive dates of such field experience and a clear, concise and brief description of the types of services performed while in the field.

1.4 Past Performance Proposal:

(a) The offeror is required to provide any current relevant information regarding the level of performance, in terms of delivery and quality achieved under either US Government or commercial contracts for the same or similar services for performance in both CONUS and OCONUS locations. The information provided should support a qualitative review of the offeror;

and/or record of performance in the areas of conforming to specifications, adherence to contract schedules, history of reasonable and cooperative behavior, commitment to customer satisfaction, and business-like concern for the interest of your customer. Additionally, if performance deficiencies were identified, what they were and what corrective action was taken.

(b) Offerors shall submit past performance data for their firm. For each reference provided, a valid name and telephone number, contract number, contract type, dollar value, contract award and completion dates, point of contact, description of work performed, and e-mail address of point of contact is required. The description of work performed shall be in sufficient detail to explain the type of facility inspection services and geographic coverage (U.S. and International) commensurate with the scope and territory required in this procurement.

(c) Reference projects and corresponding reference surveys are limited to four (4) projects considered by the offeror to be the most relevant to the requirements of this solicitation. If more than four projects with reference surveys are received, the US Government will consider the first four projects received based upon the date and time the reference surveys are received.

(d) Attachment 11 contains a past performance survey that is used to evaluate an offeror’s past performance. The offeror shall provide the past performance survey in Attachment 11 to the past performance reference they identify in this part of the proposal for the offeror. The past performance reference shall independently submit the survey to the Contracting Officer prior to the closing date of the solicitation. Any completed past performance survey received after the date of closing or directly from the offeror will not be considered in the past performance evaluation. The US Government will not evaluate a reference listed in the past performance proposal if no corresponding survey is received from a reference for that contract. This will have the effect of the offeror being given a Neutral rating for that portion of their overall evaluation, regardless of the type of experience or its similarity to this requirement. Reference surveys must be received by the due date for receipt of proposals in order for the information to be considered.

Offerors are cautioned that due to mail delivery times to the U.S., it is highly recommended that all contract references being asked to provide surveys be asked to scan the documents in Adobe .pdf format and email it to matthew.wonch@dla.mil with a reference to the solicitation, SP4510- 25-R-1001 in the subject heading.

(e) The submission of a past performance volume is required. If an offeror does not have any past performance references, offerors must at least identify Volume 2 in their proposal and state they do not have any past performance to provide. If the US Government only receives a past performance survey from a past performance reference and there is no information in an offeror’s proposal regarding that reference (see paragraph above), the reference will not be considered. The offeror is responsible for ensuring references submit past performance surveys;

the US Government will not be contacting references for purposes of obtaining the survey.

ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

1.5 Evaluation of Past Performance:

(1) The US Government will evaluate the quality of the offeror’s past performance. The assessment of the offeror’s past performance will be used as a means of evaluating the probability of success of the offeror. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher probability of meeting the solicitation requirements than a firm with a lower confidence assessment rating.

(2) In investigating an offeror’s past performance, the US Government may consider information in the offeror’s proposal and information obtained from other sources, including past and present customers and their employees, other US Government agencies, including state and local agencies, consumer protection organizations and better business bureaus; former subcontractors;

and others who may have useful information. Failure by the offeror to provide evidence of relevant performance on contracts of a similar nature in terms of performance timeframes and complexities of services provided will be considered by the US Government to have no relevant past performance. The offeror is responsible for ensuring references submit past performance surveys; the offeror’s reference must submit the past performance survey. The US Government will not accept past performance surveys submitted by the offeror or contact offeror references to obtain a completed survey. The US Government will evaluate past performance and experience in accordance with submission requirements of 1.4.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The US Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services. This is a matter of judgment. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and the offeror’s response, or lack thereof, will be taken into consideration. Offerors lacking relevant past performance will not receive negative or positive consideration in the evaluation of this element as no meaningful confidence assessment rating can be reasonably assigned.

(4) Past performance will be rated on an adjectival scale. The US Government’s conclusions about the overall quality of the offeror’s past performance and experience will be a factor in determining the relative merits of the offeror’s proposal and in selecting the offeror whose proposal is considered the most advantageous to the US Government.

(5) By past performance, the US Government means how well the offeror conformed to specifications and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the offeror’s business-like concern for the interests of the customer. By experience, the US Government means whether a contractor’s firm has performed similar work before. DLA Disposition Services will also consider the offeror’s past performance and experience on the same or similar contracts in terms of the complexities of the services provided. Offerors with no past performance will be issued a Neutral rating for past performance.

(f) A written notice of the award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the US Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1.6 Evaluation Factors for Award:

a. The US Government will make award to the responsible offeror whose offer conforms to the solicitation and demonstrates the best value to the US Government in terms of their past performance and price after a pass / fail technical evaluation of key personnel.

b. The evaluation factors are listed below:

(i) Past Performance

(ii) Price

(iii) Past performance is significantly more important than price.

1.7 Evaluation of Price: The offered price will be used in conjunction with the other factors to determine the proposal, which represents the best value to the US Government. Price will not be numerically scored, but it will be fully evaluated using price analysis techniques.