PWS_Stalled LUST Case.pdf

PERFORMANCE WORK STATEMENT (PWS)

Interagency Agreement #: A2406-068-096-064091.0 P2#: 562916

Stalled LUST Case Initiative

October 2024

TABLE OF CONTENTS

Table of Contents 1 General

1.1 Description of Services/Introduction

1.2 Background

1.3 Objectives

1.4 Scope

1.5 Period of Performance

1.6 Other General Information

1.6.1 Quality Assurance

1.6.2 Health and Safety

1.6.3 Recognized Holidays

1.6.4 Place of Performance

1.6.5 Type of Contract

1.6.6 Post Award Conference/Periodic Progress Meetings

1.6.7 Contracting Officer Representative (COR)

1.6.8 Key Government Personnel

1.6.9 Key Contractor Personnel

1.6.10 Identification of Contractor Employees

1.6.11 Contractor Travel

1.6.12 Other Direct Costs

1.6.13 Data Rights

1.6.14 Organizational Conflict of Interest

PART 2 - DEFINITIONS & ACRONYMS

2 Definitions and Acronyms

2.1 Definitions

2.1.1 Contractor

2.1.2 Contracting Officer

2.1.3 Contracting Officer's Representative (COR)

2.1.4 Defective Service

2.1.5 Deliverable

2.1.6 Key Personnel

2.1.7 Physical Security

2.1.8 Quality Assurance

2.1.9 Quality Assurance Surveillance Plan (QASP)

2.1.10 Quality Control

2.1.11 Subcontractor

2.1.12 Work Day

2.1.13 Work Week

2.2 Acronyms

PART 3 - GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND

SERVICES

3 Government Furnished Items and Services

3.1 Services

3.2 Facilities

3.3 Utilities

3.4 Equipment

3.5 Materials

PART 4 - CONTRACTOR FURNISHED ITEMS AND SERVICES

4 Contractor Furnished Items and Responsibilities

4.1 General

4.2 Materials

4.3 Equipment

PART 5 - SPECIFIC TASKS

5 Specific Tasks

5.1 Task 1: Project Management

5.2 Task 2: Stalled LUST Case Initiative Support

PART 6 – APPLICABLE PUBLICATIONS

6 Applicable Publications (Current Editions)

PART 7 – ATTACHMENTS/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

PART 1 - GENERAL INFORMATION

1 GENERAL

This is a new non-personnel services Fixed Price contract to be awarded to a contractor.

The contract is designated to provide support necessary for U.S. Environmental Protection Agency (EPA) Region 9 and the State of California to manage the Stalled LUST Case Initiative, with the goal of spurring progress at a select group of approximately 250 stalled Leaking Underground Storage Tank (LUST) cleanup cases.

Case management will include helping to define impediments to the investigation and remediation of stalled cases, propose and implement solutions to those impediments, communicate potential solutions with EPA and State of California regulators, and targeted support to stalled cases in Los Angeles and Riverside Counties.

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, sites, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Tasks 1 through 2 as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The contractor shall perform to the standards in the contract.

1.2 Background

EPA Region 9 has been supporting the State of California LUST Cleanup Program via interagency agreements with the U.S. Army Corps of Engineers (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 is a key part of EPA’s plan to achieve GPRA goals for completing LUST cleanups.

In response to GPRA, the Office of Management and Budget and EPA set national targets for the closure of open LUST cases, and EPA’s Office of Underground Storage Tanks (OUST) sets corresponding targets for EPA Regions and States. The EPA target for California is 244 LUST cleanups completed in Fiscal Year 2024.

1.3 Objectives

Project Management Stalled LUST Case Initiative Support o Meeting organization, facilitation, and notetaking o Identify case impediments o Propose and implement Stalled Case solutions

1.4 Scope

The purpose of this PWS is to establish tasks to be performed for stalled LUST case management for the State of California and EPA.

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, the State Water Board Office of Enforcement, and EPA Region 9 to identify and resolve impediments at stalled LUST cleanup cases in California.

Part 5 of this PWS contains the task descriptions and deliverables.

1.5 Period of Performance

The period of performance shall be for 12 months from date of award. Period of performance may be extended or if required due to site conditions or project progress.

1.6 Other 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 Health and Safety

The contractor shall submit a copy of the Health and Safety (H&S) Program that will be used . The Accident Prevention Plan of the H&S plan shall be updated and will be reviewed by EPA, though approval will not be provided.

1.6.3 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 Independence Day Christmas Day Juneteenth

1.6.4 Place of Performance

The work to be performed under this contract may be split between individuals working at the contractor’s office or at the State Water Board offices in Sacramento, CA. Select activities may also be conducted remotely or at project sites.

1.6.5 Type of Contract

The Government will award a new Fixed Price contract.

1.6.6 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, 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.

1.6.7 Contracting Officer Representative (COR)

The COR is identified by a separate letter and listed below. 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 notify both the Contracting Officer and contractor of any deficiencies.

Coordinate availability of government furnished property.

Provide site entry to contractor personnel.

A letter of designation issued to the COR states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates, or changes in delivery dates. A copy of this letter will be sent to the contractor. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.8 Key Government Personnel

The following personnel are considered key personnel by the Government:

U.S. Army Corp. of Engineers (USACE) Glen Mitchell U.S. Army Corps of Engineers, San Francisco District Attn: CESPN-PMI 450 Golden Gate Ave, 4th Floor San Francisco, CA 94103 Phone: N/A Cell: (925) 297-9543

Email: Glen.L.Mitchell3@usace.army.mil

1.6.9 Key Contractor Personnel

To be determined.

1.6.10 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 to 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 and/or that contractor participation is appropriately disclosed.

1.6.11 Contractor Travel

Contractor may be required to travel CONUS during the performance of this contract 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. Alternatively, the contractor can include a projected listing of travel locations, frequency of travel, and number of persons required to travel.

1.6.12 Other Direct Costs

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

1.6.13 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, including 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.

1.6.14 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 that may create a current or subsequent Organizational Conflict of Interests (OCI), as defined in Federal Acquisition Regulation (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. 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 the Contracting Officer 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.

2.1.13 Work Week

Monday through Friday, unless specified otherwise.

2.2 Acronyms

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis APP Accident Prevention Plan AR Army Regulation BTEX Benzene, Toluene, Ethylbenzene, and Xylenes 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 DRO Diesel Range Organics EPA United States Environmental Protection Agency FAR Federal Acquisition Regulation

GPS Global Positioning System GRO Gasoline Range Organics HIPAA Health Insurance Portability and Accountability Act of 1996 IDW Investigation Derived Waste IIPP Injury and Illness Prevention Program KO Contracting Officer MTBE Methyl Tertiary-Butyl Ether MCL Maximum Contaminant Level LUST Leaking Underground Storage Tank NELAP National Environmental Laboratory Accreditation Program NNEPA Navajo Nation Environmental Protection Agency OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PVC Polyvinyl Chloride 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 RSL Regional Screening Level TE Technical Exhibit TEL Tetraethyl Lead TPH Total Petroleum Hydrocarbons USACE United States 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

Not applicable.

3.3 Utilities

Not applicable.

3.4 Equipment

Not applicable.

3.5 Materials

Not applicable.

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

Basic Services EPA Region 9 and the California State Water Board have requested assistance from USACE for the execution of LUST cleanup 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. All work must be completed by or under the supervision of a Professional Geologist or Professional Civil or Petroleum Engineer registered in the state of California (California Business and Professions Code, Sections 7800-7887) with experience working on LUST cleanup sites in California. The following tasks outline the activities that will take place to accommodate the support request.

5.1 Task 1: Project Management

Kick-off meeting with EPA no later than 15 business days after Notice to Proceed is received, to include discussion of the contractor’s proposed monthly project status report format.

Make a list of personnel supporting the task, with contact information, available to EPA and the State Water Board. Provide updated lists as personnel or contact information changes.

Prepare agendas and participate in monthly coordination meetings with EPA and

USACE

Prepare monthly project status reports that describe activities completed and challenges encountered in the preceding month, as well as challenges anticipated in the following 1-3 months.

Travel may be required to the EPA office in San Francisco; to State offices in Sacramento, Santa Rosa, Oakland, San Luis Obispo, Los Angeles, Fresno, Redding, Rancho Cordova, South Lake Tahoe, Palm Desert, Santa Ana, or San Diego; or to project sites. For proposal purposes, travel costs for this task are not to exceed $4,000.

Deliverables shall include, but not be limited to:

1 directory of personnel supporting the task (plus updates as necessary) 12 monthly agendas for coordination meetings with EPA and USACE 12 monthly project status reports.

5.2 Task 2: Stalled LUST Case Initiative Support

The contractor shall provide support to EPA and the State Water Board in implementing the Stalled LUST Case Initiative project, which is a collaborative effort to spur progress at a group of approximately 250 California LUST cleanup sites that are not progressing toward case closure.

The contractor will organize, prepare agendas for, participate in, and record notes for Stalled LUST Case Initiative Check-In Meetings with 13 local cleanup agencies that participate in the Initiative. These meetings take place with each agency every four months (three times per year) and last approximately three hours each. The contractor will also prepare agendas for, participate in, and record notes for Stalled LUST Case Initiative Planning meetings with EPA and the State Water Board. These meetings take place monthly and last approximately two hours. During these meetings, the contractor will help define case impediments and propose solutions. After and in between meetings, the contractor will help EPA and the State Water Board manage a comprehensive OneNote database to track progress at the 250 Stalled LUST Cases. The OneNote database will be hosted on the State Water Board SharePoint site.

For the purposes of the proposal, two contractor personnel will be prepared to be physically present (i.e., travel required) at four meetings in Sacramento, one meeting in Santa Rosa, one meeting in Oakland, one meeting in San Luis Obispo, one set of successive meetings in the Los Angeles region (one meeting per day in Los Angeles, Riverside, and Palm Desert), one meeting in San Diego, and one meeting in South Lake Tahoe.

Deliverables shall include, but not be limited to:

5 EDRs or Chains of Title 39 Agendas for Stalled LUST Case Check-In Meetings with local cleanup agencies (due one week prior to meeting date) 39 Meeting Summaries that record notes and action items from Stalled LUST

Case Check-In Meetings with local cleanup agencies (due one week after the meeting date)

12 Meeting Summaries that record notes and action items from Stalled LUST Case Planning Meetings (due one week after the meeting date)

Updates to Stalled LUST Case Tracking OneNote file (schedule to be discussed during kick-off meeting with EPA).

PART 6 – APPLICABLE PUBLICATIONS

6 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

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

PART 7 – ATTACHMENTS/TECHNICAL EXHIBIT LISTING

7 ATTACHMENT/TECHNICAL EXHIBIT LIST

7.1 Attachment 1/Technical Exhibit 1: Performance Requirements Summary

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

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 Objective1 Standard

Performance Threshold2

Method of Surveillance

PRS # 1.

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

Reports that can be easily reviewed and approved by

EPA and USACE.

Zero or fixable errors

Document Review

Notes:

1 - The Service required - usually a “shall” statement.

2 - This is the maximum error rate. It may be “Zero deviation from standard.”

7.2 Attachment 2/Technical Exhibit 2 - Deliverables Schedule

DELIVERABLES SCHEDULE

Deliverable Frequency # of

Copies Medium/Format Submit To

Proposed Monthly Status Report

Format

Once, 15 business days after Notice to

Proceed

Electronically in

MS Word or PDF

Glen Mitchell, USACE San

Francisco District (SPN) and cc Kirk Silver, EPA

Region 9 Status report to include description of completed activities and challenges encountered or anticipated

Monthly

Electronically in MS Word or PDF

Glen Mitchell, USACE SPN and cc Kirk Silver, EPA

Region 9

Invoice Monthly 1 Electronically in

PDF

Glen Mitchell, USACE SPN and cc Kirk

Deliverable Frequency # of

Copies Medium/Format Submit To

Silver, EPA Region 9

EDR or Chain of Title Reports

5, as requested 1 Electronically via

PDF

Glen Mitchell, USACE SPN and cc Kirk Silver, EPA

Region 9

Stalled LUST Case Check-In Meeting

Agendas

39, one week prior to meeting dates

TBD

Electronically in

MS Word Kirk Silver, EPA

Region 9

Stalled LUST Case Check-In Meeting / Stalled LUST Case Planning Meeting

Summaries

39, one week after meeting dates TBD

Electronically in

MS Word Kirk Silver, EPA

Region 9