Attachment_2_ERRS_SOW_3-25-15.docx

ATTACHMENT 2

PERFORMANCE WORK STATEMENT

United States Environmental Protection Agency

Emergency and Rapid Response Services

(ERRS)

United States Environmental Protection Agency

PERFORMANCE WORK STATEMENT

Regions 5 & 6

Emergency and Rapid Response Services

(ERRS)

TABLE OF CONTENTS

I. INTRODUCTION

A. Acronyms B. Definitions C. Background D. Authority E. Scope

II. TECHNICAL REQUIREMENTS

III. CONTRACT MANAGEMENT

A. Management B. Cost Controls/Procedures

I. INTRODUCTION

A. ACRONYMS

B. DEFINITIONS

1. On-Scene Coordinator: The EPA official designated to coordinate and direct response under Subpart D of the NCP, and/or any direct removal under Subpart E of the NCP; also Federal On-Scene Coordinator (FOSC).

2. Remedial Project Manager: The EPA official designated to coordinate, monitor, or direct remedial or other response actions under Subpart E of the NCP.

3. Ordering Officer: An EPA Contracting Officer or an EPA designated OSC with delegated procurement authority.

4. Removal Action (CERCLA): A removal action may fall into one of three categories:

a) Emergency removal actions require an immediate response to protect public health and the environment from releases.

b) Time-critical removal actions require a response action within six (6) months.

c) Non-Time critical removal actions require a response action that can start later than six (6) months after the determination that a response is required.

The specific type of removal action and the required response time shall be determined by the OSC with consideration to the nature of the release, the contaminants of record, and the threat or potential threat to human health/and or the environment.

5. Response Manager: An employee of the contractor designated to be the point-of-contact for the EPA OSC, RPM and/or Ordering Officer who is responsible, technically and administratively, for the initiation and completion of the task order

6. Border Region: the area lying 100 kilometers (62.5 miles) to the north and south of the U.S./Mexico boundary.

7. Regional Cross-over: Response under this contract to another EPA region. Response times would be negotiated with the contractor prior to issuance of the Task Order.

8. Rapid Remedial Response: response to an NPL site to implement cleanup strategies

C. BACKGROUND

The Environmental Protection Agency (EPA) has been delegated the responsibility to undertake response and remediation actions with respect to the release or threat of release of oil, petroleum products, hazardous substances, or pollutants and contaminants, that pose an actual or potential threat to human health or welfare, or to the environment. EPA is responsible for conducting evaluations and cleanups of uncontrolled hazardous substance sites. In addition, the EPA has the authority to help and/or mitigate endangerment of the public health, welfare or environment during emergencies or natural or man-made disasters and to support states and communities in preparing for responses to releases of oil, petroleum products and hazardous substances and to provide response and removal services in response to incidents involving acts of terrorism, and nuclear, biological and chemical incidents and Federally Declared Disaster incidents.

D. AUTHORITY

Under the authority of Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA); Section 311 of the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA) of 1990; Subtitle I of the Resource Conservation and Recovery Act (RCRA) and pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300); Presidential Decision Document (PDD) # 39; the Robert T. Stafford Natural Disaster Act; the Homeland Security Act of 2002; Homeland Security Presidential Directive 5 (“HSPD-5”) and pursuant to the Federal Response Plan (FRP); and in accordance with any reauthorizations or amendments to any of the above named statutes and new response legislation, the Environmental Protection Agency (EPA) has been delegated the responsibility to undertake response actions with respect to the release or threat of release of oil, petroleum products, hazardous substances, or pollutants and contaminants that pose an actual or potential threat to human health or welfare, or to the environment. EPA is responsible for conducting evaluations and cleanups at uncontrolled hazardous waste/substance sites to include sites or locations contaminated with biological or chemical incidents/agents and radioactive materials.

In addition, the EPA has the authority pursuant to the Robert T. Stafford Act and other laws to support FEMA as Emergency Support Function (ESF) #10 to assist and/or mitigate endangerment of the public health, welfare or environment during emergencies or natural/man-made disasters and to support states and communities in preparing for responses to releases of oil, petroleum products and hazardous substances and to provide response and removal services in response to incidents involving acts of terrorism, and nuclear/radioactive, biological and chemical incidents and Federally Declared Disaster incidents.

E. SCOPE

The Contracting Officer or their representative, or a warranted EPA On-Scene Coordinator (OSC) will issue Task Orders for all work required under this contract in accordance with the terms and conditions of the contract. General technical guidance by the OSC/RPM does not relieve the contractor of the responsibility for performance under the contract by the contractor or its subcontractors.

Task Orders may be issued as performance-based, fixed-priced, or time and materials contracts.

The contractor shall perform any response action, under the direction of the OSC/RPM, consistent with the terms and conditions of the contract, and in accordance with the directions of the Task Order. Task Orders may be issued verbally but will be formalized as soon as practical. The contractor shall provide personnel, materials, and equipment required to perform response activities. The contractor shall take any actions required to mitigate or eliminate any hazard or damage to human health and the environment resulting from:

The contractor shall accomplish all storage, transportation, treatment and disposal of oil, petroleum products, hazardous substances, pollutants or contaminants, including contaminated media, in accordance with and meeting all applicable and relevant safety, transportation, and environmental laws and regulations at the Federal, state and local level. The contractor shall obtain all necessary on-site permits and comply with applicable and relevant regulations unless otherwise directed in a Task Order or by technical direction. The contractor shall be responsible for obtaining all necessary transportation and disposal permits, and/or other required permits.

The contractor shall obtain special services as required by site conditions, (through leases, subcontract agreements, or rental agreements, etc.) in a timely and cost efficient manner, such as specialized removal equipment or personnel with specialized qualifications, as authorized by technical direction.

II. TECHNICAL REQUIREMENTS

Technical requirements under this contract include emergency response, removal actions, multi-media sampling/monitoring, site stabilization, spill control/containment, waste treatment, restoration, transportation and disposal. This list does not encompass all possible response activities, but is an extensive sample of types of activities that may be required under this contract.

RESPONSE OPERATIONS include, but are not limited to:

As specified in Task Orders or in technical direction, the contractor shall provide environmental response cleanup services for releases, mitigation, and removal/treatment of oil, petroleum products, hazardous substances, pollutants, or contaminants. If specified in a Task Order or in technical direction, the contractor shall also provide environmental response cleanup services for natural and man-made disasters, nuclear/radioactive-biological-chemical incidents and terrorist threats.

1. Project Planning

The contractor shall accomplish the following tasks when required by a Task Order/Technical Direction:

2. Project Performance

The contractor shall accomplish the following site specific project management tasks when required by a Task Order/Technical Direction:

System (NIMS/ICS) structure in those functions that are consistent with the ERRS PWS.

The contractor personnel shall have formal ICS training and the ability to manage ERRS resources within each of the ICS functional areas. Typical areas where ERRS personnel or resources may be required are Finance, Logistics, Operations, and Planning. The contractor will normally serve in the Operations Section (but will be providing support to the other ICS Sections) in positions to include division/group supervisor, strike team leader, task force leader, single resource, and technical specialists. Specific ICS training requirements are listed for Contractor/Team Personnel.

3. Containment, Countermeasures, Emergency and Rapid Response

The contractor shall perform containment and countermeasures to protect health, welfare and the environment, when required by a Task Order/Technical Direction. More specifically, the contractor shall:

4. Decontamination, Response Mitigation

The contractor shall perform decontamination or provide response mitigation to remove/recover the pollutant from the affected media and/or to treat or dispose of contaminated media, when required by a Task Order/Technical Direction. More specifically, the contractor shall:

The contractor shall accomplish physical collection of pollutants, in lieu of, or following, any treatment action, when required by a Task Order/Technical Direction. More specifically, the contractor shall:

5. Treatment, Transportation and Disposal Operations

The contractor shall accomplish all storage, transportation, treatment and disposal of oil, petroleum products, hazardous substances, pollutants or contaminants, including media contaminated with such and debris, in accordance with and meeting all applicable and relevant safety and environmental laws and regulations at the Federal, state and local level, as per Task Order requirements and OSC technical direction. Disposal may include temporary storage and ultimate disposal at an approved Treatment, Storage and Disposal Facility (TSDF). Disposal may be on-site or offsite. For this contract, all off-site transportation and disposal must be subcontracted. (See Section H of the contract)

More specifically, the contractor shall,

· Obtain all necessary transportation and disposal permits or transportation and off-site treatment or disposal permits.

• Maintain manifest documentation

· Disposal outside the U.S. must be approved by EPA in advance

Disposal techniques (on-site/off-site) may include the following:

6. Restoration

The contractor shall use due care to prevent damage to property or materials of third parties. The contractor shall restore, replace and stabilize buildings, structures, personal or real property or material damaged by contamination or response operations. The contractor shall take actions to restore soils and the damaged environment to as near pre-response conditions as possible, as approved by the OSC. Specifically, the contractor shall:

7. Analytical Services

The contractor shall perform on-site and off-site analytical activities to provide chemical and physical analyses or high sample quantity analyses to include, but not be limited to, pH, flash point, oxidation reduction, inorganic and organic or organic vapor analysis, compatibility testing,(i.e. a commercially acceptable method of hazardous categorization) priority pollutant scans, and waste profiles. Services may include, but not be limited to, sample collection, storage, transportation, analysis and disposal. The analytical activities will be ordered by the OSC/RPM on an "as specified" turnaround basis to provide chemical and physical analyses and/or high sample quantity volume analyses. The contractor shall perform on-site and off-site analytical activities necessary to provide accurate waste profile information to treatment, storage and disposal facilities and allow for waste bulking.

8. Demolition Services

The contractor shall demolish and/or remove contaminated buildings, structures, tanks, barges, facilities and excavate or remove contamination or contaminated soils or materials around or below the structure as necessary to safely and effectively implement required response activities, when required by a Task Order/Technical Direction.

9. Construction and Support Facilities

The contractor shall construct and provide facilities in support of response actions, when required by a Task Order/Technical Direction. More specifically, the contractor shall:

The contractor shall be capable of providing for the basic services for personnel during natural or man-made disasters or terrorist or other events where basic services are otherwise unavailable. Basic services shall include but not be limited to: food, quartering, sanitation, fuel, work space, staging areas.

10. Marine Operations

Marine Operations is inclusive of all areas of SOW (e.g. oil containment and recovery, search and rescue, etc.). During marine operations the contractor shall display signal lights and conduct his operation in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing light and day signals to be displayed by vessels, other craft, or booms in the cleanup operations (33 CFR, Parts 84-90 and 207) and applicable state and Federal boating standards.

Should the contractor, during the progress of work, lose, dump, throw overboard, sink, or misplace any material, plant machinery, or appliance which, in the opinion of the FOSC, may be dangerous to or obstruct navigation, the same contractor shall immediately recover and remove the same at no expense to the Government.

i) The contractor shall give immediate notice, with description and location of such obstructions to the FOSC, and when directed by the FOSC, shall mark or buoy such obstructions until the same are removed.

ii) Should the contractor refuse, neglect, or otherwise fail to comply with the above requirements, such obstructions may be removed by the Government and the cost of such removal may be deducted from any money due or that becomes due to the contractor.

iii) The liability of the contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Section 407, 415, and 419 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C.A. 401 et seq.).

11. International Response

Under rare circumstances international responses may be required under this contract. For example, this contract may be used to respond to incidents in the border regions of Mexico (Region 6) or Canada (Region 5), upon request by Mexican or Canadian governmental officials, in accordance with the general policies and procedures contained in the Joint Contingency Plan (JCP). Additionally this contract may also be used for responses to incidents in the Panama Canal Area in accordance with the Memorandum of Understanding between the National Response Team and Panama Canal Authority. Other international responses may be required.

Coordination with appropriate U.S. and international authorities (e.g., U.S. Border Patrol, Immigration, Customs, Department of Transportation, Department of State and other federal, state and local officials, as well as International officials) shall be necessary. The contractor shall be solely responsible for the transportation of personnel, materials and equipment across the borders, and all necessary paperwork for the rapid deployment of personnel, materials and equipment in an emergency situation. The contractor must comply at all times with all U.S. laws when working under this contract. Additionally, the contractor may be subject to international laws, including, licensing and insurance requirements, for response activities performed internationally.

The contractor shall have bilingual personnel available for responses in the U.S./Mexico border and Panama Canal regions. The “U.S./Mexico border region” is defined as the area lying 100 kilometers (62.5 miles) to the north and south of the U.S./Mexico boundary, as referred to in the La Paz Agreement.

International responses are expected to be a rare occurrence; in fact there have been no instances of contractor activation within the last three generations of Region 5 or 6 ERRS contracts.

12. Regional Crossovers

Regional crossovers are a possibility under these contracts. Response times for such crossovers will be negotiated at the time the Task Order is issued. All other terms and agreements are in place during a regional crossover task order, unless otherwise negotiated with the CO.

13. Green Remediation

Green Remediation: www.epa.gov/oswer/greenercleanups/

Consistent with the EPA Region 5 and the EPA Region 6's Clean & Green Policy, the contractor shall explore, evaluate, propose and implement green cleanup strategies and applications in the performance of the requirements of this contract to maximize sustainability, reduce energy and water usage, promote carbon neutrality, promote reuse and recycling, including that of industrial materials, and protect and preserve land resources. The contractor shall recommend green cleanup options and approaches for each task order as appropriate, including cost analyses for these options, to EPA project leads and maintain records of green cleanup activities. Specific examples of these efforts include, but are not limited to: evaluating renewable energy sources and technologies via a cost analysis that compares the energy costs from renewable sources versus traditional electricity sources provided by local utilities over the expected life of the cleanup; an evaluation of the avoided emissions as a result of using renewable energy sources versus traditional energy sources provided by local utilities shall be performed; and evaluating the cost of purchasing green power from organizations that offer green power within the appropriate state. It is recognized that there may be emergency response situations which preclude some or all of these activities from occurring. The contractor shall describe the reasons why during the reporting phase. Refer to EPA's Green Cleanup webpage for additional information on green cleanup practices: http://cluin.org/greenremediation/". The contractor shall report all green cleanup activities in its monthly progress report to the Project Officer and Contracting Officer.

14. Project Closeout

Project closeout activities shall include:

III CONTRACT MANAGEMENT

A. Management

1. The contractor shall provide and maintain a 24 hour, seven day a week response capability to accept and respond to issued Task Orders. The OSC or CO will determine the required response times for each Task Order.

2. The contractor shall provide a network of trained, qualified emergency response and cleanup personnel, equipment and materials. The contractor shall ensure that trained and qualified Response Managers (RM) are provided for response activities and that the RMs are provided adequate resources to perform the response action. Where it is not necessary for a RM to be onsite at all times, an onsite contractor employee shall be designated to act as the OSC contact person, capable of responding to site requirements and technical direction. The contractor shall mobilize and manage all contractor/subcontractor site personnel, equipment and materials necessary for implementing site-specific response actions pursuant to appropriate written or verbal TO issued by the CO or OSC.

3. The contractor shall maintain communication and coordination with EPA personnel, at both the contract and the site level. This communication and coordination includes reporting problems encountered in performing Task Orders and implementing any special controls specified by EPA. The contractor shall be available for meetings with EPA personnel, as requested. The contract-level meetings will be planned to be conducted on a monthly basis with the region, either in person or by phone.

4. The contractor shall coordinate with the EPA to arrange planning activities upon issuance of the Task Order. Planning activities may include attending scoping meetings, preparing project work plans and/or preparing schedules. The OSC/RPM will determine the appropriate planning activity for each Task Order.

5. The contractor shall implement a comprehensive safety program to protect all on-site personnel, including both the prime and subcontractors, within both contaminated and uncontaminated areas, in accordance with OSHA 1910. This program shall be utilized in the preparation of all contractor's site Health and Safety Plans (HASPs). The EPA may task the contractor to prepare an overall HASP which would govern all EPA sponsored site activities and would cover all personnel working on the site to include the personnel of other site contractors and government employees. This HASP is intended to serve as the EPA HASP for the site.

Pursuant to the OSHA and OSHA standards and the NCP §300.150, each government agency and private employer is responsible for the health and safety of its own employees and for ensuring compliance with OSHA requirements, applicable State laws, and with EPA health and safety programs. EPA will not and cannot assume responsibility for other government or contractor personnel nor can any contractor be responsible (from a legal standpoint) for the health and safety of another employer group. OSHA requires that every “employer group” have in place numerous plans to be in the HazMat business including overall Corporate Health and Safety Program Plans, PPE Plans, Respiratory Protection Program Plans, Medical Surveillance Plans, site specific HASPs, etc. One contractor cannot dictate exact safety protocols for another employer group on-site.

In addition to being knowledgeable of OSHA 1910 standards, the contractor should also be familiar with the Emergency Responder Health and Safety Manual, e-HASP, and other guidelines and documents related to health and safety located at http://www.epaosc.org/main/healthsafety.

The contractor shall ensure that OSHA hazardous substance response regulations (29 CFR Part 1910) for site safety training and health monitoring are met by all prime and subcontractors who work in contaminated areas. The contractor shall ensure that all other applicable OSHA regulations, and EPA policies and procedures for worker protection are met by all personnel, including both prime and subcontractors, in contaminated and uncontaminated areas.

The OSC/RPM shall establish, with full input from all impacted contractors, a minimally acceptable safety standard for the site. The contractor may choose to adapt a more stringent standard, at their own expense; however, at no time shall the contractor adapt, or use, a less stringent standard.

The contractor shall insure that contractor/subcontractor personnel meet the appropriate health and safety requirements for the site. Documentation of personnel certifications shall be included as an attachment to the Health and Safety Plan (i.e. 40 hour Hazwopper Certification, 8 hour Refresher, respirator Fit Testing Certification, medical fitness for duty certification, any specialized certification form, etc.).

The contractor shall report significant safety incidents and injuries to the OSC/RPM and Project Officer by phone within hours of occurrence. Significant shall refer to lost time injuries (not simple precautionary measures); incidents likely to be made public or reported in the media; releases, fires or explosions; and, other incidents beyond “normal” site operations.

NOTE: It is incumbent upon the contractor to have Health and Safety Standard Operating Procedures (SOP) to facilitate rapid mobilization of contractor personnel and resources to emergency response situations (HASP template). It is the contractor’s responsibility to provide personal sampling and monitoring equipment for the protection of their employees and subcontractors. It is the contractor’s responsibility to maintain and use field screening procedures to ensure the health and safety of their personnel, and to accurately interpret and utilize the data. The Program Safety Officer, a Key Personnel position, is responsible for ensuring that persons assigned as Site Safety Officers are adequately trained and equipped to perform site safety officer functions.

6. Quality Assurance Requirements

The contractor shall develop and implement an environmental measurements quality assurance program, based on an EPA-approved generic QA Project Plan, which will ensure that environmental monitoring data of known quality are provided. The program shall be in compliance with the guidance set forth in the documents; EPA QA/R-5, "EPA Requirements for Quality Assurance Project Plans" (March 2001) (www.epa.gov/quality/qa_docs.html). The contractor may use site-specific QA Project Plans, if the contractor can show timely implementation. The contractor shall follow their approved Quality Management Plan as submitted with the proposal in accordance with EPA QA/R-2 “EPA Requirements for Quality Management Plans” (March 2001) (www.epa.gov/quality/qa_docs.html). The contractor shall remain knowledgeable of these requirements and any changes or updates to the documents, procedures and methodologies. The contractor shall ensure that the same quality requirements, as presented in its own QA Management Plan, are used by its subcontractors.

All analytical methods used for analysis done by fixed laboratories must be consistent with EPA protocols, National Enforcement Investigation Center protocols, and other analytical protocols as appropriate. The contractor shall provide QA/QC data to the OSC or other designated federal official upon request. A chain of custody record is required without exception for the tracking and recoding of all samples collected for on-site or off-site analysis. Use of the chain of custody record form creates an accurate written record that can be used to trace the possession and handling of the sample from the moment of its collection through analysis and its introduction as evidence in a legal proceeding. Shipment of all samples will follow Department of Transportation regulations.

The program will consist of both an auditing and a corrective function. The quality assurance auditors will report directly to contractor corporate management. The contractor will resolve any problems identified in a timely manner. EPA will periodically perform QA systems audits during the life of this contract.

7. When required on a Task Order, the contractor shall provide response personnel, equipment, and appropriate materials to participate in emergency response exercises. The contractor may be tasked to participate in exercises that test functional areas, such as, organizational design (notification, staff mobilization, and response management system) or operational response (discharge control, assessment, containment, recovery, protection and disposal).

8. Technical Support of Government Enforcement Proceedings

These technical services may consist of the following:

These government enforcement proceedings may be used to obtain an injunction against parties from the continued use of a site, or under an Administrative Order of Consent (AOC) to conduct removal or remedial actions, or a Unilateral Administrative Order (UAO) to conduct removal or remedial actions, or for the recovery of costs incurred by the Government in undertaking removal and early/interim remedial actions.

* NOTE: No legal services shall be performed for the government under this contract without the prior written approval from the EPA Office of General Counsel (OGC).

9. Site-related Documentation

The Contractor shall furnish copies of site-related documents written or developed regarding or pursuant to activities conducted under a TO. Site related documents shall include but not be limited to those documents described in the Attachment entitled, Reports of Work. The contractor shall not release any site information, written or verbal, without the express written consent of the OSC/RPM or CO. The contractor shall assist the OSC/RPM in public meetings, or dealings with impacted citizens and State or local officials as part of normal site operations. The contractor shall, at all times, clearly be identified as a contractor to the US EPA.

B. Cost Controls/Procedures

1. The contractor shall manage the documentation of expenditures for a Task Order by accounting for all costs incurred in accordance with generally accepted accounting practices and standards and contract-specific reporting requirements. This shall include cost tracking and cost minimization/cost control efforts. These accounting procedures will be used during all response actions and during the daily preparation of EPA Standard Form 1900-55, Contractor Cost Reports, using the EPA Removal Cost Management System (RCMS).

The contractor shall provide personnel fully trained in the use of the Removal Cost Management System (RCMS) and capable of producing an accurate daily EPA Standard Form 1900-55 from RCMS, which will report daily expenditures on-site. The contractor shall also track costs by task/subtask codes. The specific task will be identified by the OSC/RPM. In addition to the daily cost reports, the contractor shall provide cost summaries and cost projections to the OSC upon request. These summaries and projections may be produced through the RCMS system.

THE CONTRACTOR SHALL INVOICE FROM THEIR OWN ACCOUNTING SYSTEM. At no time will billing from any other system, including RCMS, be acceptable. Invoiced costs shall be easily identified with the costs captured in the RCMS system, in order to be paid.

2. The contractor shall have procurement capabilities supportive of emergency response activities and rapid response functions; in both the field environment and those conducted at the home office. The contractor will coordinate and discuss timing with the OSC/RPM when or if procurement issues could impact schedules. Utilization of local resources is a benefit to the impacted local community.

3. Examples of Cost-Control Measures

The following are examples of cost control measures that are expected as a matter of normal contract operations: