PWS_Flat_Tank_and_Contaminated_Soil_removal.doc

PERFORMANCE WORK STATEMENT (PWS)

WELL EQUIPMENT REMOVAL

WHITE RIVER FIELD OFFICE (WRFO)

BUREAU OF LAND MANAGEMENT - COLORADO

Part 1 General Information

1. General: This is a non-personnel services contract to remove Flat Tanks and contaminated soils in the vicinity of Hayden , CO. The Government shall not exercise any direct 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 all services as defined in this Performance Work Statement except for those items specified as government furnished property and services (Part 3). The contractor shall perform to the standards in this contract only taking exception to maintain conformance with state and federal law.

1.2 Background:

1.2.1 History: The involved wells were drilled on valid oil and gas leases. These wells did establish oil and gas production but have not been commercial in the recent years. The involved lessee/operator failed to remove two stock tanks with hydrocarbon contaminated soils from the well at the time of reclamation. Since then, the leassee/operator has passed away and there are no additional record title owners. Because of this, the BLM is now responsible for proper removal of the facilities.

1.2.2. Location(s): The work to be performed under this contract will be performed at FEDERAL 1-34 (API 05-107-06062), LEASE COC17021, approximately 10 miles northwest of Hayden, CO (approximately 40 deg 36’ 38.3076”N, -107 DEG 8’ 0.7116”W) adjacent to County Road 56.

1.2.3. Existing Equipment Details:

1.2.3.1. Cortez

1.3 Objectives: Removal, Transportation, Storage and disposal of: two hydrocarbon storage containers and contaminated soils from the project site located approximately 10 miles northwest of Hayden, Colorado (Lat 40.610439, Long. -107).

1.4 Scope: The contractor shall properly remove, transport, store (as necessary), and dispose of two 12-foot diameter stock tanks “flat tanks” and contaminated soils at a commercial disposal location meeting all federal, state, and local requirements for the disposal of hydrocarbon wastes and containers.

The contractor is responsible for delivery of a all HAZWASTE scheduling and reporting submittal as required by the State of Colorado. The contractor is required to submit all weight bills to BLM prior to invoicing and payment.

Work does not include surface reclamation or restoration. The contractor shall ensure that all materials, regardless of durability) shall be removed if not pre-existing on the work site.

The government will provide the contractor with site access dependent on site conditions including but not limited to weather, road integrity, and other governmental purpose. Neither the contractor, nor the government shall be responsible for excusable delays as provided in the terms and conditions of this contract.

1.5 Period of Performance: The period of performance for this contract shall be 120 calendar days after the receipt of a signed order by the governments contracting officer. This shall include removal, transportation, storage, disposal, and submission of weight bills supporting the effort.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures themself that the work complies with the requirement of the contract. The contractor shall submit their quality control plan to the contracting officer with their quotation. It will be evaluated for technical acceptability as an evaluation factor. If changes are proposed, they must be submitted to the contracting officer and contracting officers representative pursuant to technical exhibit 2. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their QC system.

1.6.1.1 Risk Assessment: The contractor is required to perform a risk assessment to identify risks to performance quality, safety, and schedule. The contractor may use qualitative or quantitative methodologies to assign and mitigate risk magnitude against likelihood. Risks assessed as high or extremely high shall be addressed to the COR prior to performance beginning. The risk assessment shall address the following areas at a minimum: fall protection, hazard communication, ladder and climbing, respiratory protection, scaffolding, control of hazardous energy, powered industrial equipment, fall protection and training, eye and face protection, and machinery and machine guarding. Contractors shall reference OSHA standards to identify additional risk areas applicable to their performance requirements.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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).

1.6.3 Safety: The contractor shall develop and maintain an effective safety program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of safety related incidents that compromise the safety of any person on or in the vicinity of the worksite. The contractor’s safety program is the means by which the government will validate compliance with Occupational Safety and Health Administration (OSHA) standards and the welfare of the general public. The contractor shall submit their safety plan to the contracting officer with their quotation. It will be evaluated for technical acceptability as an evaluation factor. If changes are proposed, they must be submitted to the contracting officer and contracting officer’s representative pursuant to technical exhibit 2. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his safety system. At the minimum, safety plans shall include the following subjects:

1.6.3.1 PPE: The contractor shall require all employees to wear PPE throughout the on-site execution of performance based on the contractor’s risk assessment.

1.6.3.2 First Aid and Evacuation: The contractor shall ensure that a first aid kit is present and stocked appropriately pursuant to the contractor’s risk assessment. The contractor shall obtain and maintain cellular communications capability throughout the performance of this contract in order to obtain emergency services as needed.

1.6.3.3 Fire Protection: The contractor shall perform adequate inspection of all equipment to identify and reduce the risk of ignition sources on and surrounding the worksite. The contractor shall provide adequate fire extinguishers, training, and PPE to address potential for fire and reduce the likelihood of such incidents.

1.6.3.4 Safety Briefing: The contractor shall provide start-of-day safety briefings for all days where on-site performance is conducted. Safety briefings shall address risks identified in the contractor’s risk assessment and industry best practices. The contractor and employees will conduct a terrain walk to identify hazards to employee health on and around the immediate site.

1.6.4 Recognized Holidays: The contractor shall not perform work on the following federal 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 National Independence Day

Christmas Day Independence Day

1.6.5 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800-1700 MT Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility 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.

All Federal and State of Colorado wildlife and seasonal restrictions shall be adhered to by the contractor. Restrictions include but are not limited to inclement weather conditions. Any resultant delay to the progress schedule unforeseeable by the parties shall be communicated and definitized without expense to either party.

1.6.6 Site Visit: BLM will provide a pre-award site visit on 11 June 2024 at 10:00 AM MT. Interested contractors must RSVP no later than 10 June at 4:30 PM MT to the COR, Matt Dupire, at 970-878-3839 to confirm attendance. BLM reserves the right to cancel the pre-award site visit if no RSVP’s are received by the required date.

1.6.7 Type of Contract: The government intends to make award of a Commercial Firm-Fixed-Price Service Contract pursuant to FAR 12 and FAR 13 including agency supplements.

1.6.8 Special Qualifications: The contractor shall ensure that employees and subcontractors are properly trained, certified, and licensed in accordance with local, state (Colorado Department of Transportation, Department of Environmental Protection), and federal regulation (Department of Transportation, U.S. Environmental Protection Agency) for the handling, transportation, and disposal of hazardous waste. The government reserves the right to require copies of all documentation related to this requirement at its discretion.

1.6.9 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 virtually via MS Teams or at the work site. 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.

1.6.10 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.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government:

Contracting Officer:

Name: Robert Hall

E-mail: rhall@blm.gov Phone: 762-329-0002 Contracting Specialist:

Name: Scott Voigt

E-mail: svoigt@blm.gov

Phone: 309-714-5645 Contracting Officers Representative:

Name: Matthew Dupire E-mail: mdupire@blm.gov Phone: 970-878-3839

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available during all on-site performance periods and between 09:00am to 03:00pm MT, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

Qualifications for all key personnel : RESERVED

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other 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. Contractors shall provide identifying badging, nametags, or uniforms in accordance with the contractors uniform guidance and shall not allocate uniform cost directly to this contract.

1.6.13 Contractor Travel: Contractor will be required to travel during the performance of this contract to the work site and any associated storage sites to facilitate removal of materials prescribed within the scope of this document. Contractor will not be provided specific cost reimbursement for travel and incorporate all travel cost into the unit level pricing of allocable line items.

1.6.14 Other Direct Costs: RESERVED

1.6.15 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 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.

1.6.16 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 effect 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.

1.6.17 PHASE IN /PHASE OUT PERIOD: RESERVED

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

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

BLM

Bureau of Land Management

CFR

Code of Federal Regulations

CO

Contracting Officer

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

DIAR

Department of the Interior Acquisition Regulation

EPA

Environmental Protection Agency

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

OCI

Organizational Conflict of Interest

ODC

Other Direct Costs

OSHA

Occupational Health and Safety Administration

PIPO

Phase In/Phase Out

POC

Point of Contact

PPE

Personal Protective Equipment

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

TSDF

Treatment, Storage, and Disposal Facilities

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: RESERVED

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.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide all labor, materials, equipment, permits, and expertise for the removal, transportation, temporary storage, and disposal of materials identified in this document.

5.2. Storage Tanks.

5.2.1. The contractor shall remove two circular storage tanks, 12 foot in diameter, including any disassembly, loading/unloading, packaging, transporting, cleaning, labeling, placarding, permitting, and disposal/destruction.

5.2.2. Materials will be transported to a facility approved for the disposal of the materials collected. Contractor will provide documentation of the disposal location, facility disposal permits, and receipts of materials disposed within their quotation.

5.3. Contaminated Soils.

5.3.1. The contractor shall remove up to 40 cubic feet of contaminated soils, including any loading/unloading, tarping, packaging, transporting, cleaning, labeling, placarding, permitting, and disposal/destruction.

5.3.2. Materials will be transported to a facility approved for the disposal of the materials collected. Contractor will provide documentation of the disposal location, facility disposal permits, and receipts of materials disposed within their quotation.

5.4. Submittals. All submittals shall be signed and dated by the Contractor, furnished electronically, and be identified by the contract number. Submittals requiring BLM approval will be returned to the Contractor within five business days of receipt.

5.4.1.

Records: A daily tour sheet shall be kept on the work site. This sheet must keep a current description of all activities conducted during each 24-hour period. All service company's reports must also be kept at the work site. All records shall be available for inspection during the job and shall be submitted to the Contacting Officer’s Representative (COR) at the conclusion of performance.

5.4.2.

Operational Plan: The Contractor shall provide a work schedule with their quotation for evaluation of technical acceptance. Changes to the work schedule shall be communicated to and approved by the contracting officer no less than 24 hours prior to the subject change. The BLM Project Inspector (PI) will be on the work site during the plugging operation to ensure that contracting officer approvals for changed conditions can be expedited.

5.4.3.

Changes in the Method: All changes the Contractor proposes to the plugging program shall require approval prior to implementation. If unexpected conditions occur at the time of operations shall be immediately shut down and the BLM COR and PI immediately notified. The BLM PI may be on the work site during operations to provide the COR information to provide prompt approval of the needed changes.

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.

Protection of the Environment (40 CFR), Dated 13 March 2024

Federal Transportation Regulation (41 CFR), Dated 1 July 2021 Occupational Safety and Health Standards (29 CFR 1915), Dated 13 March 2024

518 DM 1 - Comprehensive Waste Management, Dated 3 March 1994

518 DM 2 - Compliance with Waste Management Requirements, Dated 30 June 1994

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

7.3 Attachment 3/Technical Exhibit 3 – Site Data

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)

Method of Surveillance

PRS # 1.

5.2.1 Removal of 12 ft flat storage tanks

The contractor provided removal of two storage tanks and all associated components.

PRS # 2

5.3.1 Removal of 30 to 40 cubic feet of contaminated soils

The contractor provided removal of two storage tanks and all associated components.

PRS # 3

1.6.3 Start-of-work safety briefing

PRS # 4

1.6.1.1 Risk Assessment

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Provide 1 copy via e-mail.

The contractor shall provide their quality control plan as a Adobe (.pdf) file

Provide via e-mail to all points of contact indicated in paragraph 1.6.11.

Provide 1 copy via e-mail.

The contractor shall provide their quality control plan as a Adobe (.pdf) file

Provide via e-mail to all points of contact indicated in paragraph 1.6.11.

Technical Exhibit 3

Site Data