Performance Work Statement _Leak Prevention Technical Assistance.pdf

PERFORMANCE WORK STATEMENT (PWS)

UST Leak Prevention Technical Assistance

Part 1

General Information

1. GENERAL: This is a new non-personnel services Fixed Price Task Order to be awarded to Redhorse Corporation, under GS-07F-134GA. The Task Order is designated to provide independent technical review necessary for EPA Region 9 and the State of California as the State seeks to update its UST Leak Prevention regulations and associated guidance documents. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform support tasks as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in the base contract and this task order.

1.2 Background: EPA Region 9 has been supporting the State of California UST Leak Prevention Program via interagency agreements with USACE since 2009. The Government Performance and Results Act (GPRA) holds federal agencies accountable for using resources wisely and achieving program results.

GPRA requires agencies to develop plans for what they intend to accomplish, measure progress, make appropriate decisions based on information they have gathered, and communicate information about their performance to Congress and the public. This task will, in future years, help EPA to achieve GPRA goals for increasing the Technical Compliance Rate (TCR) of operating UST facilities and reducing the annual number of UST releases.

1.3 Objectives:

• Project Management

• Technical review of proposed UST Leak Prevention regulation updates

• Technical review of historical UST Leak Prevention Local Guidance (LG) letters

1.4 Scope: UST Leak Prevention Technical Assistance for the State of California and EPA.

Part 5 of this PWS contains the task description and deliverables. The following outlines the activities that will take place.

The contractor is required to provide all program and project management required to support the tasks and required reporting. The contractor shall support efforts by the State Water Board Division of Water Quality and EPA Region 9 to update and reorganize state UST Leak Prevention regulations.

1.5 Period of Performance The period of performance shall be for 14 months from a target award date of

July 1, 2022. The period of performance cannot be extended beyond June 30, 2024, under any circumstances.

1.6 General Information

1.6.1 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (Part 7 Technical Exhibit 1). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.2 Recognized Holidays: Contractor is not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.3 Place of Performance: The work to be performed under this contract will be performed remotely or at the contractor’s office.

1.6.4 Type of Contract: The government will award a new Fixed Price Task Order on GS-07F-134GA.

1.6.5 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.6 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.7 Key Personnel: The following personnel are considered key personnel by the government:

James “Jody” Boyette U.S. Army Corps of Engineers, San Francisco District Attn: CESPN-PMI 450 Golden Gate Ave San Francisco, CA 94103 Cell: (415) 308-1885 Phone: (415) 503-6565 Email: James.S.Boyette@usace.army.mil

1.6.8 Key Personnel: The following personnel are considered key personnel for the contract under which this task order will be awarded:

Adrienne Taylor Vice President – Energy and Environment

Red Horse 1370 India St Ste 200 San Diego, CA 92101 Phone (619)-241-4609 Ext 838

E-mail: Adrienne.Taylor@RedhorseCorp.com

1.6.9 Identification of Contractor Employees: All contract personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.10 Contractor Travel: Contractor may be required to travel CONUS during the performance of this contract, in support of this PWS. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. For proposal purposes, a Not to exceed amount for travel can be established or you can include in your IGCE and the workload summary, a projected listing of travel locations to include frequency and number of persons required to travel so the offerors can provide pricing.

1.6.11 Other Direct Costs: This category includes travel (outlined in 1.6.10), reproduction, and shipping expenses associated with performance of this PWS.

1.6.12 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used, released or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.13 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

Definitions common to all scopes are included below. Definitions unique to this PWS are defined in the

PWS.

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EPA U.S. Environmental Protection Agency FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer LUST Leaking Underground Storage Tank OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit USACE U.S. Army Corps of Engineers UST Underground Storage Tank

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide an EPA Point of Contact to assist with all aspects of work and provide information as needed.

3.2 Facilities: NA

3.3 Utilities: NA

3.4 Equipment: NA.

3.5 Materials: NA.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials. The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.3. Equipment. The Contractor shall furnish equipment to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. EPA Region 9 and the California State Water Board have requested assistance from the Corps for the execution of UST Leak Prevention tasks in the State of California. All program management, project management, travel, and reports required to execute the tasks outlined below shall be in the proposal and invoicing. The following tasks outline the activities that will take place to accommodate the support request.

Task 1: UST Leak Prevention Technical Assistance

California first established UST Leak Prevention regulations in 1985, codified in the California Code of Regulations, Title 23, Division 3, Chapter 16. Subsequent rulemakings modified these regulations—but did not change the basic 11-article structure—in 1989, 1991, 1992, 1994, 1996, 1998, 2001, 2002, 2004, 2005, 2007, 2009 (twice), 2012, 2016, 2018, and 2020 (twice). For a more descriptive history, see https://www.waterboards.ca.gov/ust/regulatory/#regs.

Regulatory updates to date have focused on specific sections, technologies, or federal regulatory updates that needed to be incorporated. Much less attention has been paid to making the entire set of state UST leak prevention regulations cohesive and easily understandable to new UST inspectors and owner/operators. As a result, the State Water Board has initiated a plan to reorganize the existing regulations. The State Water Board has already prepared an internal draft of revised regulations, the basic structure of which has been shared with local Certified Unified Program Agencies (CUPAs) that implement the UST program in cities and counties throughout California.

A contractor well versed in the California UST regulations, preferably with at least 10 years of experience as a CUPA UST inspector or California-certified UST service technician, will review specific sections of the revised UST Leak Prevention regulations and provide critical comments and suggestions to the State Water Board Leak Prevention Unit. This will include noting potentially unintended consequences that proposed changes may have for other sections of the UST regulations. The contractor will first need to review the entire draft of updated UST Leak Prevention regulations, after which the contractor will more critically review assigned sections and provide written comments.

• One example “section” that will need critical review is the revised §2715 that outlines requirements for licensing and certification of UST installers, service technicians and designated operators. Independent technical review is necessary to ensure that revisions do not conflict with overlapping requirements from the Contractor State License Board and Office of Tank Tester Licensing.

• Another example “section” that will need critical review is the revised §2636 that outlines requirement requirements for above-ground product piping. Independent technical review is necessary to ensure that revisions to account for the December 31,2025, single-walled UST removal deadline do not have unintended consequences for unique (but legitimate) UST systems that rely on this section to meet UST construction requirements.

The contractor will also critically review specific existing Local Guidance (LG) letters that the State Water Board has written and updated between 1985 and the present. These letters were written to provide guidance to CUPAs as they interpret regulations to implement the UST leak prevention program. Thirty-four LG letters that the State Water Board considers active and still applicable can be found at https://www.waterboards.ca.gov/water_issues/programs/ust/leak_prevention/lgs/#1. The contractor will provide comments and suggestions on assigned LG letters. This will include noting sections of the LG letters that need to be revised due to the planned UST regulatory changes.

• One example LG letter that will need technical review is the existing LG-152 for Aboveground Piping Associated with an UST System.

No travel is required for this task.

https://www.waterboards.ca.gov/ust/regulatory/#regs https://www.waterboards.ca.gov/water_issues/programs/ust/leak_prevention/lgs/#1

Deliverables shall include, but not be limited to:

- 12 Monthly Project Status Reports

- 4 Technical Analysis documents for specific sections of the new UST Leak Prevention regulations

- 3 Local Guidance (LG) Technical Review documents for existing LG letters

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall ensure completeness of Reports and Accuracy of data presented.

The contractor provided Reports that can be easily reviewed and approved by EPA and USACE

Zero or fixable ‘bugs’ Document Review

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Proposed Monthly Status Report format

Once, 15 business days after Notice to Proceed

1 MS Word or PDF James Boyette, USACE SPN and cc Kenneth Dixon, EPA Region 9

Status report to include description of completed activities and challenges encountered or anticipated.

Monthly for 12 months

Electronic in MS Word or PDF

James Boyette, USACE SPN

Invoice Monthly 1 Electronic in PDF James Boyette, USACE SPN

UST Regulation Section Technical Review documents

Four (4), each for a different section

1 Electronic in MS Word with tracked changes

James Boyette, USACE SPN

Local Guidance (LG) Letter Technical Review documents

Three (3), each for a different LG letter

1 Electronic in MS Word with tracked changes

James Boyette, USACE SPN