Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT

1. Scope

1.1 Glossary of Terms used in the Performance Work Statement

1.2 References used in the Performance Work Statement

1.3 General Requirements

2 Compliance with Hazardous Materials and Waste Handling Regulations

3 Packing and Marking

4 Government Furnished Material (GFM) Storage

4.1 GFM for Storage

4.2 Storage Facility Requirements

4.3 Receipt of GFM

4.4 Handling for Shipment to and from the Storage Area

4.5 Reports

4.6 Transfer of GFM at Contract Phase In/Out

4.7 Disposal

5 Period of Performance

6 Contracting Officer Representative

1. SCOPE

The U.S. Navy’s Military Sealift Command (MSC) requires the storage of government owned

Aqueous Film Forming Fluid (AFFF) to support keeping installed foam systems aboard its vessels in accordance with all statutory and regulatory requirements.

1.1 Glossary of Terms Used in the Performance Work Statement:

The following definitions apply to the terms used in this Performance Work Statement:

AFFF: Aqueous Film Forming Foam

AR-AFFF: Alcohol Resistant Aqueous Film Forming Foam

Mil-Spec: Military Specification

CONUS: Continental United States

GFM: Government-Furnished Material

COR: Contracting Officer’s Representative

1.2 References used in the Performance Work Statement

Please note that all references are generally available on the World Wide Web.

ASTM-D-3951-98 (2004) "Standard Practice for Commercial Packaging." (as amended)

MIL-F-24385 (as amended)

FED- STD 313 (As amended)

1.3 General Requirements:

MSC requires the lawful CONUS storage of government owned Aqueous Film Forming Fluid

(AFFF), as more fully defined below, to support keeping installed foam systems aboard its vessels. MSC also requires the packing or preparation for shipment of the AFFF it owns.

2. Compliance with Hazardous Materials and Waste Handling Regulations:

The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), 42

U.S.C. §§ 6901- 6991i, the Comprehensive Environmental Response, Compensation and

Recovery Act (CERCLA) of 1980, 42 U.S.C. §§ 9601-9675, the Clean Water Act (CWA), 33

U.S.C. §§1251-1387, the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671, the Federal

Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y, and all other Federal, State, and local laws, codes, ordinances and regulations that govern the handling, transportation, storage, recycling, or disposal of hazardous materials and/or hazardous waste.

As applicable, the Contractor shall also comply with all laws, codes, regulations, and ordinances that govern the handling, transportation, storage, recycling, or disposal of hazardous materials and/or hazardous waste.

In the event of a spill, AFFF disposal must be carried out following the latest DoD or EPA directive. Contractor shall provide proof of disposal via latest DoD or EPA directive to MSC

Environmental and Contracting Officer Representative for record keeping purposes.

In the event that the Contractor is charged with, or cited for, violating any of the authorities set forth in Paragraph 2 while performing under this Contract, the Contractor shall notify the MSC

Contracting Officer within 10 calendar days of the issuance of the charge/citation. This notice shall set forth the facts and circumstances giving rise to the charge/citation. A copy of the citation shall be included with the notice. The Contractor shall be responsible for any and all violations thereof and thereto.

3. Packing and Marking

The Contractor shall prepare all GFM requested for removal from the storage facility under this contract in accordance with ASTM-D-3951-98 (October 4th, 2023) "Standard Practice for

Commercial Packaging." Preservation, packaging, packing, and marking of all deliverable contract line items must ensure the material is received in a serviceable, ready for issue condition when received at the ultimate destination.

The Contractor shall prepare, GFM containers for anticipated shipping as directed all regulated hazardous material in accordance with the requirements of 49 CFR (Code of Federal

Regulations) or the applicable modal transport regulation. In addition, compliance with FED-

STD 313 (As amended) is mandatory when applicable.

4. GFM Storage

4.1 GFM for Storage:

The government will provide GFM to the contractor for the contractor to store, with GFM being defined as the below AFFF products provided to the contractor by the government:

National Foam Universal CG-6% AR-AFFF

National Foam Universal Gold 1%/3% AR-AFFF

National Foam AER-O-Foam XL-3 Fluoroprotein

Ansul Ansulite 3x3 Low Viscosity AR-AFFF

Solberg ARCTIC™ 3x3% ATC™ AR-AFFF

MIL-F-24385 AFFF, in 3% and 6% concentrations

The maximum quantity for storage is 3,902 drums and 161 pails. The contract structure is

Firm Fixed Price.

4.2 Storage and Storage Facility Requirements:

The contractor shall provide storage of all GFM defined in Section 4.1 on or Military Sealift Command, Chemical Division Requirements. The GFM shall be provided to the contractor by the government as per the initial GFM Inventory Report that will be provided to the contractor. GFM will be provided in 208-liter (55 gallon) drums and 19-liter (5 gallon) pails.

The contractor’s facility shall be equipped with the equipment necessary to load pallets onto a delivery truck in preparation for shipment.

Storage of the GFM shall be temperature-controlled storage. Temperature controlled storage shall be defined as an indoor storage area in which the temperature is maintained in a range of

65 to 85 degrees Fahrenheit year round. The GFM will be kept out of direct sunlight. The area shall be segregated from other areas in the same facility. Storage shall be in compliance with Section 2.

The contractor shall be responsible for the security of the storage area containing this

GFM. Security measures shall prevent unauthorized entry to the storage areas. The COR shall have access to all GFM storage facilities for the duration of the period of this contract, when access to the facility is requested. Access to be granted to the COR or any government personnel specified by the COR within 48 hours of request.

The material shall be stored and handled as to not cause damage to the material, or the material packaging or labeling. Reparations due to the damage to the material, material packaging, or labeling will be at the contractor’s expense at the material’s replacement value.

Labeling damage is defined as labeling damage to the extent where the original manufacturer’s label can no longer be read, and will be determined by the COR. Cleanup of spills of the GFM at the GFM storage facility will be at the cost of the contractor, with handling and cleanup in compliance with Section 2.

Inventory reporting and invoicing for storage is outlined in Section 4.5.

4.3 Receipt of GFM

The contractor shall inspect the GFM at the time of receipt and verify that the material received is the same as that indicated on the GFM Inventory Report received from the government, and in proper condition for use. The contractor shall note, describe, and photograph any physical/visible damage or defects to the equipment/packaging and submit to the COR in the first GFM Inventory Report (CDRL-001) described in Section 4.5. If defects are found, the contractor shall immediately notify the COR of the condition.

4.4 Packing and Handling for Shipment to and from the Storage Area

Removal of GFM from the storage area will be as per written notification to the contractor from the government. The government will provide the contractor with two business days’ notice of removal of GFM, to include the type, amount (i.e. drum/pail) and quantity to be removed. The government may specify the lot numbers and batch numbers (i.e. ‘Date

Packed’) required for GFM removal. The contractor shall acknowledge receipt of notification within 12 hours. The GFM requested for removal shall be readied for shipment within two business days.

The contractor will ensure all material is properly packed as to avoid damage during shipment, and comply with Sections 2 and 3 of this SOW. The contractor shall prepare the GFM specified by the government for shipment and provide the government with details of the prepared shipment, including but not limited to the shipment’s weight and dimensions.

The contractor will provide access to the facility and storage area for personnel, hired at the government’s expense, to remove the GFM. The contractor’s facility shall have available the equipment necessary to load pallets onto a delivery truck in preparation for shipment. The contractor shall load shipments onto the government arranged delivery truck. The government will arrange for and pay for the shipment of the GFM.

The contractor will accept additional GFM to the storage area as requested by the government up to the maximum quantity of 3,902 drums and 161 pails.

4.5 Reports

All reports shall be sent to the COR and/or any government personnel designated by the COR.

The GFM Inventory Report (CDRL-001) shall be submitted to the government monthly. The report shall include the type, size and quantity of the GFM in the contractor’s storage area.

The contractor shall include in the report that the storage facility is in compliance with

Section 4. The report will note, describe and photograph any and all physical/visible damage or defects to the GFM.

The COR will compare the contractor’s report on a monthly basis with conditions found by the COR onsite, to ensure the requirements of Section 4 are being met. If the COR determines the requirements of Section 4 are not being met and documents the violation(s) in pictures and writing, the COR and Contracting Officer will meet with the contractor to rectify the issue immediately and determine when to continue payment, when the issue is rectified.

Any damage to the GFM, while in the custody of the contractor, shall be reported immediately to the COR. The contractor shall prepare a damage report with pictures outlining the damage, and conditions that led to the damage. If the government determines that observed damage or condition of the GFM is a result of contractor negligence, the contractor will be responsible for expenses associated with resolution. This includes expenses associated with properly disposing of the material and compensating the government with the original purchase cost.

4.6 Transfer of GFM at Contract Phase In/Out

If any subsequent contract is awarded to a vendor different than the vendor currently storing this GFM, arrangements shall be made by the vendor currently storing material to ship the material to the new vendor for storage. Both vendors will coordinate the receiving of goods to the new vendor. Shipping will be at the cost of the government.

The contractor previously storing the GFM shall document the condition of GFM and submit this report to the government before shipment to justify the contractor shipping the GFM’s liability of damage reported prior to shipment.

4.7 Disposal

The contractor shall be liable for disposal costs associated with spills. Handling and cleanup of spills of the GFM at the GFM storage facility will be in compliance with Section 2.

5.0 Period of Performance

March 28, 2024 to March 27, 2025

6.0 Contracting Officer Representative:

COR: Rebekah O’Donnell: rebekah.a.odonnell3.civ@us.navy.mil

ACOR: Alexis Rimmelin: alexis.j.rimmelin.civ@us.navy.mil