Fuel Testing and Polshing PWS 2023.docx

Performance Work Statement Diesel Fuel Testing and Polishing Service VA Palo alto Health Care System

1. GENERAL INTENTION AND REQUIREMENTS

1.1. General: This Performance Work Statement (PWS) is to provide testing and polishing of diesel fuel inventories located at the Veterans Affairs Palo Alto Health Care System (VAPAHCS), 3801 Miranda Ave., Palo Alto, CA 94304. This system shall be referred to as the Government within this performance work statement.

1.2. The Contractor shall provide management, supervision, labor, parts, material, tools, incidental engineering services, and transportation necessary to perform testing and filtration services in accordance with applicable California State EPA and CARB standards and regulations. Modifications to performance requires written consent of the Government’s Contracting Officers Representative (COR) or COR designee.

1.3. The Contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this Contract. Contractor shall comply with all applicable federal, state, and local laws. Evidence of insurance, licenses, and permits shall be provided to the Contracting Officer and COR before work commences.

1.4. Work for this contract is required on the attached inventoried buildings at the following VAPAHCS locations:

1.4.1. 3801 Miranda Ave, Palo Alto, CA 94304

1.4.2. 795 Willow Road, Menlo Park, CA 94025

1.4.3. 4951 Arroyo Road, Livermore, CA 94550

1.4.4. The Government reserves the right to add or remove spaces, requests for change shall be submitted the Contractor for proposal. Acceptable proposals shall be submitted by the COR to the CO as a request for modification to the contract agreement.

1.5. For this contract services shall be at the convenience of the Government, the standard operating hours or duty hours are the hours between 7:30 AM to 4:30 PM, Monday through Friday, except Federal Holidays, or 40 working hours per week. Service shall be performed within 30 days of the previous year’s performance, on or before the date of last inspection & service.

1.6. For this contract, the intent is to award a base plus four (4) option year agreement.

Period of Performance:

Base Year: December 20, 2023 – December 19, 2024 Option Year One: December 20, 2024 – December 19, 2025 Option Year Two: December 20, 2025 – December 19, 2026 Option Year Three: December 20, 2026 – December 19, 2027 Option Year Four: December 20, 2027 – December 19, 2028

2. CODES and STANDARDS

2.1. Publications listed below form a part of this Contract. Service shall meet the requirements of current code editions published, all manufacturer guidelines, Veteran’s Affairs (VA) memorandums, and industry standards, as applicable, and in the case of conflicting standards the most stringent shall apply.

2.1.1. ASTM Diesel Fuel standards

2.1.2. California CARB Title 13 and 17

2.1.3. OSHA Standard 29 CFR 1910

2.1.4. International Building Code (IBC)

2.1.5. NFPA 101 – Life Safety Code

2.1.6. NFPA 99 – Health Care Facilities Code

3. DEFINITIONS & ACRONYMS

3.1.1. AST – Aboveground Storage Tank

3.1.2. ANSI – American National Standards Institute

3.1.3. ASME – American Society of Mechanical Engineers

3.1.4. AWWA – American Water Works Association

3.1.5. CO – Contracting Officer

3.1.6. COR - Contracting Officer Representative

3.1.7. FAR – Federal Acquisition Regulation

3.1.8. HEPA – High Efficiency Particulate Air filter

3.1.9. MSDS – Material Safety Data Sheet

3.1.10. MOD – Modification of contract

3.1.11. NEC – National Electric Code

3.1.12. NFPA - National Fire Protection Association

3.1.13. NTP – Notice to Proceed

3.1.14. OEM - Original Equipment Manufacturer

3.1.15. OSHA - Occupational Safety and Health Administration

3.1.16. PO – Purchase Order

3.1.17. POC - Point of Contact

3.1.18. PM - Preventative Maintenance

3.1.19. PMI - Preventative Maintenance Inspection

3.1.20. PPE – Personal Protective Equipment

3.1.21. PWS - Performance Work Statement

3.1.22. QASP – Quality Assurance Surveillance Program

3.1.23. QCP – Quality Control Program

3.1.24. UST – Underground Storage Tank

3.1.25. VA – United States Veterans Affairs

3.1.26. VAPAHCS - Veterans Affairs Palo Alto Health Care System

4. EXCLUSIONS

4.1. Equipment, components, and parts not installed under this Contract shall not be removed, replaced, or deficiencies corrected while still under the manufacturers or installer’s warranty, without prior approval of the COR.

4.2. Installation of new attachments recommend or required by inspectors, insurance agencies, or VA/Government Authorities.

4.3. There shall be no borrowing of parts (i.e., removing of parts from one PEC, whether in it is in service or not, to correct a deficiency on another PEC) except in an emergency or with written consent from the COR.

5. GOVERNMENT FURNISHED PROPERTY, MATERIALS, and SERVICES

5.1. The Government will not provide office space or operational facilities to the Contractor. The Contractor shall secure and maintain the necessary office space and other facilities required for performance of this Contract at their own expense.

5.2. The Government will not provide tools or equipment to the Contractor. The Contract shall furnish all tools required for the performance of this Contract.

5.3. The Government will not provide any materials to the Contractor.

5.4. The Government will furnish the following services at existing outlets, for use in those facilities provided by the Government and as required for the work to be performed under this Contract: electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points). Disposal of equipment and construction debris is the responsibility of the Contractor.

6. CONTRACTOR REQUIREMENTS

6.1. The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents to include all notes, explanatory material, and appendixes.

6.2. Contractor’s technicians shall possess certificates on equipment which work will be performed. Certificates and documents shall be presented with submission package. VA reserves the right to request proof of appropriate training and experience from vendor/contractor personnel for servicing the equipment on the schedule for the duration of the contract. Contractor shall provide certificates and documents within two days of request.

6.3. The Contractor shall provide a Contract manager who shall be responsible for performance of the contract work. Name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to contract start date. Changes to personnel shall be submitted to the Government within five (5) workdays of the changes. The Contract Manager or alternate shall have full authority to act on contract matters relating to daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COR, within 24 hours of request during normal operating hours and or within the next business day.

6.4. The selection, assignment, and management of Contractor’s employees is the responsibility of the Contractor. The Contractor shall not employ any individual identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the VAPHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

7. BACKGROUND CHECKS and IDENTIFICATION BADGES

7.1. Contractor and Subcontractor personnel working on VAPAHCS facilities must consent to Background Checks or shall be denied access to the VAPAHCS facilities. Information required to conduct a Background Check includes full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

7.2. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

7.3. Department of Veterans Affairs regulations requires Contractor employees to have a VAPAHCS issued Identification Badge and wear it at all times while at VAPAHCS facilities. ID badges shall be issued by the VAPAHCS security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a VAPAHCS issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to COR within 3 working days.

8. EMERGENCY TELEPHONE NUMBERS

8.1. The Contractor shall provide the CO/COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. At least one of the emergency telephone numbers, and one alternate telephone number. This information shall be provided in writing to the CO/COR.

9. SPECIFIC SERVICES

9.1. The Contractor shall provide all tools, materials, equipment, to filter and treat all of the Underground Storage Fuel Tanks (UST's) and Aboveground Storage Fuel Tanks (AST's) and the Day Tanks for the Emergency Generators @ the three (3) Divisions and the one (1) Clinics of the VA Palo Alto Health Care System.

9.1.1. UST's; The contractor shall perform this work through one (1) 4" access point per tank; optically inspect, clean, filter, polish, and remove sediment, bacterial particles, rust, and water to waste drums per Federal and California EPA Standards and Regulations.

9.1.2. AST's; Contractor shall optically inspect, clean, filter, polish, and remove sediment, bacterial particles, rust, and water to waste drums per Federal and California EPA Standards and Regulations.

9.2. The contractor shall vacuum all contaminates from the bottom of the tanks from one end to the other end with minimal disturbance of the fuel to reduce contaminates from mixing with the fuel in the tank.

9.3. The contractor shall filter the fuel to remove any moisture and contaminates and return the clean fuel to the tank

9.4. The contractor shall add diesel fuel conditioner that is certified for national defense fuels to each tank at a ratio of 1:7500 using a volume factor of 80% tank capacity to inhibit bacterial and fungal growth, provide stabilization of fuel, help keep fuel lines clean and inhibit sludge buildup.

9.5. The contractor shall have the following tests done on all fuel samples taken for all of the UST's, AST's, Day Tanks.

9.5.1. ASTM D4176 Appearance-Distillate Fuel; (Clear & Bright), (Free Water), (Particulate).

9.5.2. Physical/Chemical; ASTM E203/D6304 (Water by Karl Fisher PPM), D287 (API Gravi ty @60F), ASTM D4737 (Calculated Cetane Index), ASTM D93 (Flash Point by PMCC), D1796/D2709 (Water & Sediment), D4294/D5453/D7039 (Sulfur Content), F21-61 (Accelerated Stability), (Initial Color), (Final Color), (Blotter Test), (Assessment).

9.5.3. Physical/Chemical; ASTM E203/D6304 (Water by Karl Fisher PPM), D287 (API Gravi ty @60F), ASTM D4737 (Calculated Cetane Index), ASTM D93 (Flash Point by PMCC), D1796/D2709 (Water & Sediment), D4294/D5453/D7039 (Sulfur Content), F21-61 (Accelerated Stability), (Initial Color), (Final Color), (Blotter Test), (Assessment).

9.6. Bottom Sample:

9.6.1. Visual Inspection for presence of water/sediment

9.6.2. Microbial Test

9.7. Day Tank Bottom Inspection.

9.7.1. Visual Inspection for presence of water/sediment

9.7.2. Microbiological Test.

9.8. The contractor shall provide daily cleanup and securing of work site, including securing tools and equipment. Disposal of all waste and debris is at the contractor’s own expense.

9.9. The Contractor shall submit field service reports to the COR and other designee(s) on a daily basis reporting the days completed activities and noted findings and recommendations.

9.10. The Contractor shall maintain and provide upon request to the Government any MSDS data sheets for chemicals used in performance of this contract.

9.11. All work shall comply with US, State, and local EPA, and CARB requirements in the safe handling and processing of fuels & chemicals.

9.12. The Contractor shall provide laboratory testing reports on pre-existing and post treatment conditions for each fuel source on this contract to the COR and its designated stakeholders. Each report shall contain at a minimum the following information:

9.12.1. Building/Tank Identification

9.12.2. Tank Size (contractor to verify)

9.12.3. Tank Contents

9.12.4. Tank Manufacturer

9.12.5. Date Manufactured

9.12.6. Date Pre-treatment fuel analysis

9.12.7. Pre-treatment fuel laboratory results

9.12.8. Date Turbo Flushed

9.12.9. Date post-treatment fuel analysis

9.12.10. Post-treatment fuel laboratory results

9.13. Provide all laboratory chain of custody fuel reports.

10. ADDITIONAL SERVICES

10.1. Additional services are defined as any work, requested, and authorized by the Government that is within the scope of this contract but in addition to the contract requirements. Any work of this nature detected by the Contract shall be immediately reported to the COR, but work shall not be performed until the Contractor and the CO or COR as appropriate have reached an agreement on the price to accomplish the project. Work shall be performed immediately, if necessary (i.e., an emergency) although typically a 48-hour notice will be given.

10.2. Labor Costs - The Contractor shall price labor hours within the price quoted in CLIN 1 in Section B, SUPPLIES OR SERVICES AND PRICES. The Contractor’s expenses for overhead, General and Administrative (G&A), and profit are already included in this CLIN. Thus, no separate allowances for travel time, parking, overhead, G&A or profit can be applied.

10.3. Materials and Parts – The Government reserves the right to furnish any or all parts and/or materials required for a particular repair/replacement. If the Contractor furnishes the parts and or materials, the price to be paid shall be on the basis of established catalog or list prices in effect when the parts and/or materials are furnished, less all applicable discounts, but in no event shall such price be in excess of the Contractor’s sale price to his/her most favored customers for the same item in like quantity, or the current market price, whichever is lower.

10.4. All orders for service work must be placed or confirmed by issuance of a SF30. The SF30 will describe the work to be performed, the time for completion, and the total price for the work. In emergency situations oral orders are permitted, which will be confirmed within 5 working days by issuance of a SF30. Orders of $2,500.00 or less may be processed using the Governmentwide commercial purchase card, which is the preferred method to purchase and to pay for micro purchases.

10.5. The Government reserves the right to perform the work using whatever resources are available.

10.6. If a dispute between codes, standards, or manufacture recommendation arises the most stringent shall be enforced.

11. SAFETY, INSPECTION, and TESTING

11.1. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving an elevator or its maintenance.

11.2. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

11.3. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

11.4. Contractor shall provide a detailed explanation as to how contract work will be implemented and managed to ensure compliance with OSHA Construction Standards, Life Safety issues, and security measures. Contractor shall have a Site Safety and Health Officer (SSHO) assigned to the contract/project to ensure their technicians are meeting OSHA requirements. The SSHO shall be well versed in OSHA requirements and regulations. The SSHO will perform regular safety inspections on the job site to ensure technician compliance and quality of work is at a high level, presenting no risks to staff or patrons. Safety inspections will include fall protection and electrical hazards and end with job safety meetings with the entire crew. The Contractor shall provide the CO/COR copies of the safety inspection reports upon request at no additional cost to the Government.

11.5. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VAPAHCS Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAPAHCS smoking policy.

11.6. Patient, employee, visitor, and Contractor personnel safety shall be always maintained. The Contractor is responsible for the safety and health of his/her employees. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair the elevator immediately after completion of work or when leaving the job unattended.

11.7. The Contractor shall submit to the Contracting Officer, prior to the start of the Contract, the Safety Data Sheets (SDS) for potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility during performance of the Contract and will not use materials which have not been approved in advance by the Government. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all SDS in each elevator machine room to assure compliance with laws and requirements regarding the Right to Know law (OSHA Hazard Communication Standard (29 CFR 1910.1200).

11.8. Contractor is responsible to identify, provide and maintain personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

11.9. The Contractor shall obtain a Hot Work Permit from the Government (VAPAHCS Safety Staff) or the CO/COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow requirements outlined for the issuance of the Hot Work Permit.

11.10. Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the CO/COR or the Government’s Safety Officer, the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work. The Contractor bears all costs of stop-work time and correcting safety hazards.

11.11. Contractor shall reinstall guards or equipment panels, removed to perform maintenance, on the equipment before putting it back into service.

12. QUALITY CONTROL

12.1. Contractor shall establish a Quality Control Program to assure the requirements of the Contract are provided as specified. The Contractor shall submit this program to the CO/COR, for acceptance within ten (10) days of Notice to Proceed. The program shall include the following:

12.1.1. An inspection system covering the services described in the Contract. A checklist used for inspecting Contract performance during scheduled or unscheduled inspections and the name(s) of the individual(s) who will perform the inspection.

12.1.2. The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

12.1.3. A system for identifying and correcting deficiencies before the level of performance becomes unacceptable and/or the Government inspectors point out deficiencies.

12.1.4. A file of inspections conducted by the Contractor and the corrective action taken. This documentation shall be made available to the CO/COR upon request, at any time during the term of the Contract.

12.2. Site Investigation and Conditions Affecting the Work:

12.2.1. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding, or representation is expressly stated in this contract.

12.2.2. Contract has the responsibility to make the determination and request a site walk. Failure to perform a site walk shall not relieve the contractor to complete the contract on time and within budget.

13. PAYMENT

13.1. PAYMENT FOR VERIFIABLE WORK COVERED UNDER THE CONTRACT

13.1.1. Payment for work covered under this Contract shall be billed monthly.

13.1.2. Payment will be made in areas of the specified billing period after receipt of a properly prepared invoice, provided all required work, including preventative maintenance, submission of reports and all other requirements for the period in question have been performed in accordance with contract stipulations, and can be verified with service reports signed by the COR or COR designee.

13.1.3. The Contractors failure to schedule and perform a PM within the specified time interval shall be considered non-compliance with terms of contract, and Government will take corrective action as defined the Federal Acquisition Regulations (FAR). Payment withholding will be in compliance with the FAR. Criticality of VTE in a medical facility requires that continued Contractor failure to perform will necessitate holding Contractor in default and the Government obtaining suitable service via separate means.

13.2. PAYMENT FOR WORK NOT COVERED UNDER THHE CONTRACT

13.2.1. Unless otherwise directed by the CO or unless acting in a good faith effort to perform emergency work (i.e., life, safety, entrapment, etc.), the Contractor shall not perform any work outside of the Scope of this Contract without authorization from the CO/COR and the issuance of a separate Purchase Order. Failure to receive prior approval for out-of-scope work will most likely result in the denial of compensation.