PWS for UST Tank Testing 28FEB2024.pdf

1.0 General Information:

This is a non-personal service contract to provide Underground Storage Tank (UST) testing. 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 UST testing as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the industry standards and contract requirements.

1.2 Background:

Grand Forks Air Force Base, ND (GFAFB), located near Grand Forks, North Dakota, is home of the 319th Reconnaissance Wing. GFAFB operates aircraft and m a n y support vehicles, that all need fuel and petroleum products, stored on site. This requires underground storage tanks that need line tightness testing, probe functionality testing, hydrostatic spill bucket testing, overfill protection, sump integrity, under dispenser containment, and submersible turbine sump testing per Department of the Air Force (DAF) instructions, Environmental Protection Agency (EPA) and North Dakota Department of Environmental Quality (ND DEQ) guidelines. Requirements can be found at: https://deq.nd.gov/WM/Publications.aspx

1.3 Objectives:

Conduct all required federal, state, local and DAF regulatory compliance tests for each GFAFB UST in the frequency specified according to the type of tank, either pressurized or safe suction, per CFR 40 Part 280, the North Dakota Administrative Code (NDAC), Chapter 33-24-08 Technical Standards and Corrective Action Requirements for Owners and Operators of USTs and the North Dakota Century Code §23.1-04-06 Underground storage tank regulations to meet tank testing compliance rules. All test data, information and associated results produced by the contractor for GFAFB USTs shall be submitted in paper form to the 319 Civil Engineer Squadron (319 CES/CEIE) on individual forms published by the ND DEQ for each sensor, spill bucket, line, overfill, alarm, associated piping/pumps, and/or probe type of test within 10 days.

1.4 Scope:

Performance Work Statement (PWS)

Petroleum, Oil, and Lubricant (POL) Underground Storage Tank Testing

The contractor shall provide all management, tools, supplies, equipment, and labor necessary to conduct and successfully complete all required regulatory tests in the mandatory frequency for GFAFB USTS, sensors, spill buckets, sumps, line tightness and associated piping to meet test compliance with all federal, state and local laws. The Contractor shall verify tank types and classifications and abide by the appropriate test types and frequencies as annotated by the ND DEQ and AF unless directed more conservatively by the Government Contracting Officer (CO) in this Contract. The contractor shall implement approved engineering practices and be trained and certified IAW the Petroleum Equipment Institute RP-1200: Testing of UST Spill, Overfill, Leak Detection and Secondary Containment manual as identified on the required ND DEQ reporting forms. The required ND DEQ forms can be found at https://deq.nd.gov/WM/Publications.aspx. A separate form must be used for each piece of equipment tested. For example, if five pump sensors were tested, the contractor may not just indicate that five sensors were tested and passed tests. The contractor must provide the test results for each sensor on the identified compliance form (A0001) by ND DEQ and 319 CES Contracting Officer Representative (COR). The forms must be completed in full to include listing the date of each test. Verified test failures shall be annotated in full description as a separate submittal in memorandum report format (A0002) for communication to the CO/COR to support appropriate AF planning, identification of any needed repairs and replacement of UST operations by the AF. Contractor shall submit written repair/replacement plans to CO/COR for approval 10 days before work begins (A0003).

The contractor shall be responsible to replace and/or repair unresponsive test probe sensors, wires and flexible piping necessary to support test operation and completion only (A0004). Contract repairs are limited to functionality of test and leak detection requirements. This does not include repairs for structural tank leaks identified or other faulty infrastructure noted specific to the operating UST system resultant of conducting the tank tests. Only test failures due to faulty test equipment shall be repaired and/or replaced by the contractor. All test equipment repairs or replacement conducted by the contractor must be approved by CO/COR prior to repair. If a repair order is approved by the CO/COR that approval authorization shall include conducting a tank re-test to ensure proper functioning of equipment as well as to meet regulatory tank compliance needs.

The re-test will include submittal of another ND DEQ form (All ND DEQ forms are available at https://deq.nd.gov/WM/Publications.aspx) to include updated test results and data to the government.

1.5 Period of Performance:

The Period of Performance (PoP) shall be for one (1) Base Year of twelve (12) months with four

(4) option years. This will include one annual probe functionality test and report for each tank and the required annual line tightness tests to be completed within each PoP for every tank and its associated piping listed as listed in the estimated work load. In addition, the base year and 3rd option year should include all 3-year tank tests required for pressurized systems and piping along with associated report forms. All annual and 3-year tests should be conducted between the months of April and September to plan for limited UST access due to typical winter snow cover and negative air temperatures present at Grand Forks AFB. ND DEQ compliance testing is based on a 12-month calendar.

1.6 Quality Control Program:

The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with (IAW) this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is how they assure themselves that their work complies with the requirement of the contract. This shall be delivered to the Contracting Officer (CO) and/or Contracting Officer’s Representative (COR) within thirty (30) calendar days after contract award. One (1) copy of a comprehensive written QCP shall be submitted to the CO and/or COR within five (5) calendar days when any changes are made thereafter for review and acceptance by the CO and/or COR.

After acceptance of the QCP changes, the contractor will receive, in writing, acceptance or denial of any proposed changes from the contractor’s QCP.

1.6.1 Quality Assurance Surveillance Plan:

The government shall evaluate the contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the government must do to ensure that the contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

1.6.2 Recognized Holidays:

Contractor is not required to work on any of the following federal holidays.

New Year’s Day – 1 January Martin Luther King Day – 3rd Monday in January President’s Birthday – 3rd Monday in February Memorial Day – last Monday in May Juneteenth – 19 June Independence Day – 4 July Labor Day – 1st Monday in September Columbus Day – 2nd Monday in October Veteran’s Day – 11 November Thanksgiving Day – 4th Thursday in November Christmas Day – 25 December

1.6.3 Hours of Operation:

The contractor is responsible for conducting business, between the hours of 7:30am to 4:30pm, local time, Monday thru Friday, except federal holidays mentioned above, 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.

1.6.4 Place of Performance:

The work to be performed under this contract will be performed at Grand Forks Air Force Base, ND. Contractor will coordinate scheduled work 14 days prior to beginning any tank inspections. An Air Force Form 74 will be provided to the contractor to be filled out and returned to the COR to allow base access if personnel are not currently allowed base access. Escorts will be provided if access is required in controlled areas.

1.6.5 Type of Contract:

The government will award a firm fixed price contract.

1.6.6 Security Requirements:

Contractor personnel performing work under this contract must be able to obtain access to Grand Forks AFB, by having favorable clearance at time of the contract award.

1.6.6.1 Physical Security:

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.6.2 Key Control:

The contractor shall establish and implement methods of making sure all keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. I f k e y s a r e r e q u i r e d t o b e i s s u e d , t h e y w i l l b e s i g n e d f o r b y t h e c o n t r a c t o r . NOTE: All references to keys include key cards. No keys issued to the contractor by the government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the CO and/or COR.

In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the CO, re-key or replace the affected lock or locks; however, the government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the next payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the next payment due the contractor.

The contractor shall prohibit the use of government issued keys/key cards by any persons other than by contractor employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the CO.

1.6.6.3 Lock Combinations:

The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.7 Special Qualifications:

Contractors’ inspection team must include a Class B Operator as defined by CFR Title 40 part 280 and they must follow the Petroleum Equipment Institute RP-1200 manual for “Testing of UST Spill, Overfill, Leak Detection and Secondary Containment” as identified on the required ND DEQ reporting forms. Current training certifications will be available upon request of the CO/COR.

1.6.8 Post Award Conference/Periodic Progress Meetings:

The contractor agrees to attend any post award conference(s) convened by the contracting activity or contract administration office IAW the Federal Acquisition Regulation (FAR), Subpart 42.5.

The CO, COR, and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any are being experienced. Appropriate action shall be taken to resolve outstanding issues. M e e t i n g s c a n b e s c h e d u l e d a t a n y t i m e b y t h e c o n t r a c t o r o r t h e C O t o e n s u r e o p e n l i n e s o f c o m m u n i c a t i o n a r e m a i n t a i n e d . These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative:

The COR will be appointed 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 the contractor performs the technical requirements of the contract.

Performs inspections necessary in connection with contract performance.

Maintains written and oral communications with the contractor concerning technical aspects of the contract.

Issues written interpretations of technical requirements, including government drawings, designs, and specifications.

Monitors contractor's performance and notifies both the CO and contractor of any deficiencies.

Coordinates availability of government furnished property.

Provides site entry (or escort) for 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 regarding 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.

1.6.10 Key Personnel:

The follow personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of all work performed by the contractor. The name and contact information for this person, and an alternate, who shall have the ability to act on behalf of the contractor when the manager is absent shall be designated in writing to the CO and/or COR. The contract manager or alternate shall have full authority to act on behalf of the contractor while work is being performed on all contract matters relating to daily operation of this contract. The contract manager, or alternate, shall be available between 7:30am and 4:30pm, local time, Monday thru Friday, except federal holidays listed above, or when the government facility is closed for administrative or other reasons.

1.6.11 Identification of Contractor Employees:

All contractor personnel attending meetings, answering government telephones, and working in other situations where their contractor’s 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. C o n t r a c t p e r s o n n e l m u s t h a v e a c o n t r a c t o r i s s u e d s h i r t , h a t o r b a d g e i d e n t i f y i n g t h e m a s a n e m p l o y e e o f t h e c o n t r a c t o r ’ s c o m p a n y . 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.

1.6.12 Data Rights

The government has unlimited rights to all documents and 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 and copyright belonging exclusively to the government. These documents and materials may not be used or sold by the contractor without written permission from the CO.

All materials must be turned over to the government, and shall be the sole property of the government, and may not be used for any other purpose. This right does not repeal, or do away with, 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 CO and/or COR 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 CO and/or COR to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO, and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO 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.

2. DEFINITIONS & ACRONYMS

2.1 Definitions:

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.

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.

Contracting Officer’s Representative: A government employee appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing, shall state the scope of authority, and limitations. This individual has the authority to provide technical direction to the contractor if that direction is within the scope of the contract, and 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.

Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable: Anything that can be physically delivered but may include non-manufactured items such as meeting minutes and/or reports.

Key Personnel: Contractor personnel that are required to be used in the performance of a contract by the Key Personnel listed in the Performance Work Statement.

Physical Security: Actions that prevent the loss or damage of government property.

Quality Assurance: The government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control: All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

Subcontractor: One that enters a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

Workday: The number of hours per day the contractor provides services in accordance with the contract.

Workweek: Monday through Friday, unless specified otherwise.

2.1 Acronyms:

AAFES: Army & Air Force Exchange Service AFJAM: Air Force Joint Manual AGE: Air Ground Support Equipment CFR: Code of Federal Regulations CO: Contracting Officer Communications COR: Contracting Officer Representative DAF: Department of the Air Force ELLD: Electronic Line Leak Detection EPA: Environmental Protection Agency FAR: Federal Acquisition Regulation GUP: Gasoline Unleaded Premium GUR: Gasoline Unleaded Regular HQ: Headquarters IAW: In Accordance With IM: Interstitial Monitoring MLLD: Mechanical Line Leak Detection NDAC: North Dakota Administrative Code ND DEQ: North Dakota Department of Environmental Quality OCI: Organizational Conflict of Interest PIPO: Phase In/Phase Out POC: Point of Contact POL: Petroleum, Oil, and Lubricant POP: Period of Performance PRT: Product Recovery Tank PRS: Performance Requirements Summary PWS: Performance Work Statement Q A S P : Quality Assurance Surveillance Plan QCP: Quality Control Program TE: Technical Exhibit UST: Underground Storage Tank

3 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 Standard Performance Threshold

Method of Surveillance

The contractor shall provide testing in the frequency and quantity for each tank listed in the Estimated Workload Data.

The contractor must follow CFR 40, Part 280, NDCC 23.1-04-06.

and AFJAM 23-209, Enclosure 3.

Zero (0) missed tanks per delivery period.

Periodic inspections.

4 Deliverables Schedule

Deliverable Frequency # of Copies Medium Format

Submit To

A0001 - ND DEQ

Test Form Report Para 1.4.

Within ten (10) business day of test completion.

One (1) copy per tank tested.

Adobe Acrobat Form from the

ND DEQ

website

CO and/or COR identified at post award conference.

A0002 - Test Failure Report Para 1.4

Within ten (10) business day of test failure completion only.

One (1) copy per tank tested.

Microsoft Office format compatible

CO and/or COR identified at post award conference.

A0003 - Testing Plan Para 1.4

Two (2) weeks prior to start of work.

One (1) copy per tank tested.

Microsoft Office format compatible

CO and/or COR identified at post award conference.

A0004 - Sensor Repair/Replacement Para 1.4

As needed after

CO/COR

approval

One each Repair or replace w/same model equipment

CO and/or COR identified at post award conference.

CLINS Base Year 1st Option 2nd Option 3rd Option 4th Option Annual Probe Functionality Test

16 16 16 16 16

Annual Line Tightness Test

(MLLD,

ELLD or IM)

8 8 8 8 8

Annual Containment

1 1 1 1 1

Sump Integrity Testing (661- 1)

3-Yr, Spill Bucket Integrity Testing - Hydrostatic Testing Metho

7 7

3-Yr, Alarm Operation Inspection

5 5

3-YR Overfill Equipment Inspection - Automatic Shutoff Device

2 2

Repair/Replace Test Equipment

5 5 5 5 5

5 Estimated Work Load

Tan k ID

Annual Probe Functional ity Test (State Form SFN 62153)

Annual Line Tightne ss Test

(MLLD

= State From

SFN

62229)

Annual Line Electronic Line Leak Detector Functional ity Test

(ELLD =

State Form

SFN

62238)

Annual Line Tightne ss Test

(IM =

State Form

SFN

62153)

Annual Containme nt Sump Integrity Testing - Hydrostati c Method

(SFN

62222)

3-Yr, Spill Bucket Integrity Testing - Hydrosta tic Testing Method (State Form SFN 62224)

3-Yr, Alarm Operati on Inspecti on (State Form

SFN

62146)

3-YR

Overfill Equipme nt Inspectio n - Automat ic Shutoff Device

(SFN

62218)

7 Pressurized Tanks

-1-2

Required Require d Not

Required

Not Require d

Not Required

Required Require d Not

Required

-2-2

Required Require d Not

Required

Not Require d

Not Required

Required Require d Not

Required

-1-2

Required Not

Require d

Required Not

Require d

Not Required

Required Require d Not

Required

-2-2

Required Not

Require d

Required Not

Require d

Not Required

Required Require d Not

Required

-3

Required Not

Require d

Required Not

Require d

Not Required

Required Require d Not

Required

-1

Required Require d Not

Required Require d Required Required

Not Require d Required

-3

Required Require d Not

Required

Not Require d

Not Required

Required Not

Require d

Required

9 Safe Suction Tanks

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-2-2

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-1

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

-4

Required Not

Require d

Not Required

Not Require d

Not Required

Not Required

Not Require d

Not Required

*PRT = Product Recovery Tank

*IM = Interstitial Monitoring