Performance Work Statement _PWS_.pdf

ATTACHMENT 1

Performance Work Statement (PWS)

Oil Pollution Act of 1990 Training

(OPA 90 Training)

PERFORMANCE WORK STATEMENT (PWS)

Oil Pollution Act of 1990 (OPA 90)/Spill Response

Training

1. GENERAL/SCOPE.

Executive Order 12088, Federal Compliance with Pollution Control Standards, directs all Federal agencies to comply with environmental laws and applicable pollution control standards. Defense Logistics Agency Energy requires the services of a contractor to provide Oil Spill Response training to include tailored training to the needs of onshore storage and distribution facilities in accordance with the National Preparedness for Response Exercise Program (PREP) Guidelines, 1994, Training Reference for Oil Spill Response, 1994, where applicable DoD 4715-5G, Overseas Environmental Baseline Guidance Document or Final Government Standards of the host nation, and an installations specific Facility Response Plan (FRP) or Spill Prevention and Response Plan (SPRP). A listing of the installations participating in this program is referenced in Part A of this document, Workload Data. This contract will enable DLA Energy to ensure facilities are in compliance with mandatory training as directed by the Oil Pollution Act of

1990 (OPA 90).

The scope of this PWS applies to DoD petroleum storage facilities including the Continental United States (CONUS), Alaska, Hawaii, its territories, and a limited number of facilities in the DLA Energy Pacific Region, European Region, and the Middle East Region.

1.1. BACKGROUND.

Under the direction of DLA Energy, support under this contract will enable the facilities to receive mandatory training in accordance with the applicable Oil Spill Response Training requirements. This contract will allow DLA Energy to ensure all facility personnel are able to recognize their responsibilities in accordance with the prescribed laws and regulations. The training shall involve a mix of classroom and hands-on instruction to enable students to practice and demonstrate classroom learning as well as provide for the different ways that different students learn. The program will be centrally coordinated and managed from DLA Energy, through coordination with each facility point of contact (POC).

1.2. OBJECTIVES.

The objective is to award one single Firm-Fixed-Price (FFP) Requirements commercial services contract to perform training services in accordance with the requirements outlined within this PWS. The required services are to train facility personnel on the requirements set forth in the applicable Oil Spill Response Training Requirements in support of DoD petroleum storage facilities. Training shall address bulk petroleum storage facilities, tank-truck loading facilities, marine piers, and cross-country pipelines as appropriate. A FFP contract with a performance-based work statement is determined to be the most advantageous and appropriate for this type service.

1.3. PERSONNEL.

1.3.1. The contractor shall provide supervisory, instructor and administrative personnel qualified to accomplish all requirements specified by this PWS. Contractor personnel must possess the skills, knowledge, abilities, and training to satisfactorily perform the required services. The Government and the contractor understand and agree that the services to be delivered are non-personal services and both parties recognize and agree that no employer-employee relationships exist between the Government and the contractor and/or between the Government and the contractor’s employees.

1.3.2. Contractor personnel shall conform to standards of conduct and a code of ethics consistent with those applicable to Government employees as provided in the Joint Ethics Regulation 5500.7.R. Contractor personnel shall present a neat and professional appearance.

1.3.3. The contractor shall comply with all applicable laws, rules and regulations, including, but not necessarily limited to, those included in Part 6 of the PWS.

1.3.4. The contractor shall maintain current personnel and job qualification records to demonstrate compliance with the requirements of this PWS. The contractor shall immediately remove any employee who fails to meet or maintain required qualifications or to conduct themselves within the contractual constraints identified herein. Upon notification by the Contracting Officer (CO), the contractor shall immediately remove from the task order any employee deemed unsuitable for performance under the contract and immediately replace that employee.

1.3.5. Background Checks. All personnel shall successfully complete, as a minimum, a National Agency Check Investigation (NACI). Contract employees will not have a criminal record.

1.3.6. All instructors must be able to read, write, speak and understand English and instruct such that instruction is clearly understandable by the students.

1.4. SPECIAL QUALIFICATIONS/CERTIFICATIONS.

The contractor shall ensure employees have current and valid professional certifications/licenses required for each applicable occupation category in accordance with local and state requirements before commencement of work. The contractor will ensure that employees maintain relevant required professional certifications and licenses throughout the life of this contract.

1.5. PERIOD OF PERFORMANCE.

The period of performance (POP) for this contract is a January 1, 2012 through December 31, 2017.

1.6. GENERAL INFORMATION.

1.6.1. Place of Performance. The principal places of performance are at training sites located on DoD installations as shown in Part A of this PWS.

1.6.2. Performance Allowances. U. S. contractor employees traveling will receive allowances using the Federal Travel Regulations as a guide. Contractor employees will comply with the Status of Forces Agreement (SOFA) at each location outside the Continental United States (OCONUS).

1.7. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT.

Work performed in accordance with this PWS will be performed in an office, classroom or outdoors setting involving normal day-to-day risks, weather and discomforts. The work will require prolonged periods of standing or walking around. The contractor shall be responsible for ensuring that employees are familiar with and follow safety precautions typical in an office, classroom or outdoors setting.

1.8. SECURITY AND SAFETY.

1.8.1. Neither the contractor nor any of its subcontractors shall disclose or cause to be disseminated any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.8.2. All inquiries, comments or complaints arising from any matter observed, experienced, or learned as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the Contracting Officer (CO).

1.8.3. The contractor shall only conduct business with designated Government personnel listed as CO, DLA Energy Environmental Protection Specialist, and Installation POCs. Names of authorized personnel shall be provided to the contractor by the Government, in writing, and updated as necessary throughout the contract period.

1.8.4. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the DLA Energy Environmental Protection Specialist upon request or contract close out.

1.8.5. Work under this contract is UNCLASSIFIED. The contractor shall comply with all applicable DoD security regulations and procedures during the performance of this contract. The contractor shall not disclose and must safeguard computer systems and data, Privacy Act data, and Government personnel work products that are obtained or generated in the performance of this contract. This includes dissemination of protocols and papers not generally available through the public literature.

1.8.6. Installation Passes. The contractor shall complete a DH 1728 form and a DD 1172-2 form and submit to the CO to process/issue Common Access Card (CAC) in order for contractor personnel to perform work on Government facilities. The contractor is responsible for coordinating with the installation to obtain the CAC. Contract personnel shall wear the CAC that clearly identifies them as a contract employee on the outer garment in full view at all times, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

1.8.7. While on an installation, Government personnel have the right to inspect contractor employees for security violations at any time during the term of the contract.

1.9. TRAVEL.

Instructors will be required to travel to assigned training installation(s) in order for the contractor to meet training requirements. Costs incurred by contractor personnel for travel, including costs of lodging and other subsistence and incidental expenses, shall be considered to be reasonable and allowable only to the extent that they do not exceed the rates and amounts set by the Federal Travel Regulations (FTR). See FAR 31.205- 46 (a) (2) (i). The cost of air travel will be limited to the “lowest priced airfare available to the contractor,” with limited exceptions. The contractor shall submit receipts to the COR for expenses being claimed when submitting installations training invoice. Cost of air travel if not the lowest may not be allowed for reimbursement.

1.10. HOURS AND DAYS OF OPERATIONS.

The Government shall establish the training dates and times. The contractor shall provide adequate staffing to meet all requirements of this contract. At a minimum, the contractor shall be expected to deliver courses of instruction anytime between 0600 and 1800 hours (6:00 AM and 6:00 PM), Monday through Friday, with the exception of official Federal holidays. Hours of instruction will be determined by the schedule established through DLA Energy and coordinated with the specific installation.

1.11. GOVERNMENT PROJECT MANAGER.

The Installation POCs will be identified through task order. The local Installation POCs will be authorized to monitor the contractor’s performance and notify the contractor, the DLA Energy Environmental Protection Specialist and CO of any deficiencies; coordinate availability of Government furnished property, and provide site entry of contractor personnel. The DLA Energy Environmental Protection Specialist and Installation POCs are not authorized to change any of the terms and conditions of the resulting contract.

1.12. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS.

The CO may require the contractor’s Project Manager to meet with the CO, DLA Energy Environmental Protection Specialist, and/or other Government personnel as deemed necessary in accordance with FAR Subpart 42.5. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. At the periodic progress 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, being experienced. Appropriate action will be taken to resolve outstanding issues. The contractor shall maintain minutes of the post award conference and periodic progress meetings. Written minutes of any such meetings shall be submitted to the CO for review within five (5) working days of the meeting. The minutes will be signed by the contractor’s Project Manager and the CO or designated representative and recorded in the contract file. If the contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the CO within 10 working days following receipt of the minutes from the CO with any changes.

1.13. KEY PERSONNEL.

The contractor shall provide a Project Manager and alternate who shall be responsible for the management and oversight of the contract. The names of these individuals who shall have full authority to act for the contractor shall be designated in writing to the CO.

The Project Manager or alternate shall be available between the hours of 0730 – 1630, Eastern Standard Time, Monday through Friday.

1.14. IDENTIFICATION OF CONTRACTOR EMPLOYEES.

All contractor personnel will identify themselves as contractor personnel when attending meetings, answering Government telephones, communicating by written correspondence or working in other situations where their contractor status is not obvious to third parties to avoid creating an impression that they are Government officials. The contractor must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.15. 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 CO. 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.

Part 2

GOVERNMENT FURNISHED PROPERTY,

FACILITIES

2.1. RESTRICTED USE. All Government Furnished Facilities and Equipment (GFE) shall be utilized in strict performance of task related duties and the contractor shall maintain policies that prohibit fraud, waste and abuse.

2.1.1. The Government will provide classroom space or office space and End-of- Course Critique Forms.

2.1.2. The Contractor will safeguard any GFE issued by the installations at the installations IAW FAR Part 45.

2.1.3. 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 IAW instruction and procedures provided by the local installation POC.

2.1.4. Any damaged or unserviceable GFE must be reported to the local installation POC within one working day of occurrence except when the unserviceable GFE interrupts training, the condition will be reported immediately. Any damage or unserviceable condition caused by contractor negligence will be repaired or replaced at contractor expense.

2.2. KEY CONTROL. The contractor shall be responsible for keys provided to the contractor by the Government. The contractor shall establish and implement procedures to ensure that keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor shall not duplicate any keys issued by the Government. Control procedures for any Government provided keys or lock combination shall be included in the QCP.

2.3. PROGRAM OF INSTRUCTION (POI). Contractor shall submit a training program that is in accordance with applicable regulations that addresses spill response at bulk petroleum storage facilities, tank-truck loading facilities, marine piers, and cross-country pipelines as determined by the specifics of each installation. Training shall be tailored to meet the needs of the specific installations FRP or SPRP. Training shall be in accordance with guidelines published in the National Preparedeness for Response Exercise Program (PREP) Guidelines, 1994 and the Training Reference for Oil Spill Response, 1994, and where applicable, DoD 4715.5G, Overseas Environmental Baseline Guidance Document or Final Government Standards of the host nation.

2.4. CONSERVATION OF UTILITIES. The contractor shall conserve utilities. The contractor shall operate under conditions that preclude the waste of utilities. These conditions include:

2.4.1. Lights shall be used only in areas where and when work is actually being performed.

2.4.2. Contractor employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems.

2.4.3. Water faucets or valves shall be turned off after use.

2.5. FACILITY MAINTENANCE SERVICE REQUESTS. The Government will be responsible for the operation and maintenance of all facilities on the installation, to include electrical; plumbing; heating, ventilation, and air conditioning; custodial; and grounds maintenance. Any service requests must be reported to the local Installation POC within one working day of occurrence except when the condition interrupts training, the service request will be reported immediately.

Part 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

3.1. COURSE MATERIALS. The contractor will provide each attendee with a copy of the course materials.

3.2. TRAINING EQUIPMENT. The contractor will provide contractor provided training equipment as applicable.

3.3. SPILL RESPONSE ORGANIZATION. The contractor shall coordinate equipment and services of the applicable Spill Response Organization. The Government shall reimburse contractor for charges upon receipt of supporting documentation, of such services if applicable, PART 4

SPECIFIC TASKS

4.1. TRAINING DELIVERY. The contractor shall provide training for attendees in accordance with the applicable Spill Response Training guidelines to include tailored training in accordance with each individual Facilities’ Response Plan (FRP) or Spill Prevention and Response Plan (SPRP). Plans shall be provided to contractor after issuance of task order. The contractor shall ensure licensed and experienced instructors provide a mixture of hands on and classroom instruction appropriate to the exercises required in the PREP and in accordance with the below required training.

4.2. Year 1 Training. The contractor will conduct an annual tabletop exercise, in accordance with the applicable Spill Response Training guidelines. The contractor shall utilize the FRP or SPRP to ensure the Spill Management Team (SMT) is familiar with the plan and is able to use it effectively to conduct a spill response. In addition, the contractor will perform Equipment Deployment Exercises ensuring exercise of all equipment types cited in the FRP whether plan holder owned or provided through an Oil Spill Removal Organization (OSRO). In Year 1 Training, the contractor will utilize exercises to manage a small-sized spill or average most-probable discharge of U.S. EPA 2,100 gallons or USCG 50 barrels.

4.3. Year 2 Training. The contractor will conduct a tabletop exercise, in accordance with the applicable Spill Response Training guidelines. The contractor shall utilize the FRP or SPRP to ensure the Spill Management Team(SMT) is familiar with the plan and is able to use it effectively to conduct a spill response. In addition, the contractor will perform Equipment Deployment Exercises ensuring exercise of all equipment types cited in the FRP or SPRP whether plan holder owned or provided through an Oil Spill Removal Organization (OSRO). In Year 2 Training, the contractor will utilize exercises to manage a medium-sized spill or average most-probable discharge of U.S. EPA 2,100 gallons to 36,000 gallons or USCG 1,200 barrels.

4.4. Year 3 Training. Year 3 Training shall include the exercising of all components of the entire FRP or SPRP in accordance with the applicable Spill Response Training guidelines. In Year 3 Training, the contractor will utilize exercises to manage a Worse Case Discharge as defined in the applicable Spill Response Training for the specific type of installation. During Year 3 Training, at the Government’s discretion pre-planning activities may be required.

4.5. Annual Training at OCONUS Facilities. The contractor will conduct an annual tabletop exercise, in accordance with the applicable Spill Response Training guidelines.

The contractor shall utilize the site specific SPRP to ensure the Spill Management Team (SMT) is familiar with the plan and is able to use it effectively to conduct a spill response. In addition, the contractor will perform Equipment Deployment Exercises or Spill Response Equipment inspection and assessment to ensure adequacy and serviceability of Spill Response Equipment identified in the SPRP.

4.5.1. Attendance per training session varies from five (5) to Fifty (50) students, and is dependent on the size and type of installation.

4.5.2. The contractor will conduct an inspection for unsafe conditions before each class.

Any discrepancies will be reported immediately to the local installation POC for resolution.

4.6. TRAINING SCHEDULING. DLA Energy shall coordinate registration of attendees, establishing dates and location of training, with applicable Service Representatives and Installations POCs. Contractor shall be provided a tentative schedule for planning purposes only.

4.6.1. The contractor shall ensure that each student completes an end of course critique prior to issuing a completion certificate. All completed critique forms must be forwarded to the DLA Environmental Protection Specialist within ten (10) working days of course completion.

4.7. STATUS AND OTHER REPORTS.

4.7.1. The contractor shall prepare status reports. Electronic media shall be used whenever practical. The contractor shall ensure reports are finalized and accurate prior to submission. Status reports will be due ten (10) working days after the last day of the scheduled training for each installation listed on the issued Task Order. Status reports shall be forwarded to the CO and DLA Environmental Protection Specialist.

4.7.2 The contractor shall generate a cumulative report summarizing each quarter’s work accomplishments starting 1 January. Each report will be updated to reflect the previous quarter’s accomplishments.

4.8. DELIVERABLES.

4.8.1. Deliverables are required in accordance with the following schedule:

Deliverable Frequency # of Copies Medium/Format Submit To

Meeting Minutes

(PWS 1.12.)

Submit minutes to KO for concurrence/ nonconcurrence within 5 working days of the meeting.

1 Electronic Copy

MS Word CO and Environmental Protection Specialist

Student End of Course Critique Forms

(PWS 2.1.1.)

Within ten (10) working days of course completion

1 paper copy per student

Original Hard and 1 scanned (.pdf) copy

Environmental Protection Specialist

Quarterly Report of Accomplishments

(PWS 4.6.1.)

NLT 10

working days after last day of each quarter.

1 Electronic Copy

MS Word Environmental Protection Specialist

Part 5

APPLICABLE REGULATIONS AND MANUALS

5. APPLICABLE REGULATIONS AND MANUALS: (Current Editions)

Regulations:

National Preparedness for Response Exercise Program (PREP) Guidelines, August Training Reference for Oil Spill Response, 1994 DoD 4715-5G, Overseas Environmental Baseline Guidance Document Final Governing Standards for Host Nation Facility Response Plan (FRP) (Specific installation’s plan) Spill Prevention and Response Plan (SPRP) (Specific Installation’s plan) Joint Federal Travel Regulations Federal Acquisition Regulation (FAR)/ DoD FAR Supplement

Part 6

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standards

Acceptable Quality Level

Provide approved classroom Spill Response Training

(PWS 4.1)

Training provided IAW applicable regulations

100% compliance

Provide Installation Specific Spill Response training and hands-on training

(PWS 4.2.; 4.3; 4.4.)

Training shall be performed in accordance with (IAW) installations Spill Response Plan

100% conformance

Ensure Customer Satisfaction (PWS 4.5.1.)

All contractor staff will perform in a professional and business-like manner with no validated customer complaints

Maintain overall average satisfactory rating each month on student feedback survey

Part 7

WORKLOAD DATA

7.1. PLACES OF PERFORMANCE FOR TRAINING COURSES/WORKLOAD DATA.

The table below provides those installations that require Oil Pollution Act of 1990 (OPA

90) training. It also provides the installation’s current status training requirement for the year starting 2012. The Government reserves the right to add additional installations in the future.

Year 1 Training Year 2 Training Year 3 Training DFSP Andersen AFB, Guam DFSP Beale AFB, CA DFSP Altus AFB, OK DFSP Barksdale AFB, LA DFSP HAAF/Ft. Stewart, GA DFSP Davis-Monthan, AZ DFSP Cannon AFB, NM DFSP Luke AFB, AZ DFSP Eielson AFB, AK DFSP Charleston AFB, SC DFSP Whiteman AFB, MO DFSP Grand Forks AFB, ND DFSP Dover AFB, DE DFSP Holloman AFB, NM

DFSP Dyess AFB, TX Navy Fuel Depot, Jacksonville, FL

DFSP Eglin AFB, FL DFSP Little Rock AFB, AK DFSP Ellsworth AFB, SD DFSP McConnell AFB, KS DFSP Elmendorf AFB, AK DFSP Minot AFB, ND DFSP Fairchild AFB, WA DFSP Mountain Home AFB, ID DFSP Ft. Hood, TX DFSP Offutt AFB, NE DFSP Hill AFB, Utah FISC San Diego, CA DFSP Hulburt Field, FL DFSP Scott AFB, IL

DFSP Langley AFB, VA DFSP Seymour Johnson AFB, NC

DFSP JB Lewis-McChord, WA DFSP Travis AFB, CA DFSP McGuire AFB, NJ DFSP Verona, NY DFSP Moody AFB, GA DFSP Nellis AFB, NV DFSP Norfolk, VA FISC Pearl Harbor, HI DFSP Pope AAF, NC DFSP Robins AFB, GA DFSP San Pedro, CA DFSP Shaw AFB, SC DFSP Tampa, FL

OCONUS OIL SPILL RESPONSE TRAINING

Europe Japan Korea DFSP Aviano Air Base, Italy FISC Misawa Air Base, Japan DLA Energy, Korea

DFSP Lajes Air Base, Portugal

FISC Yokosuka, Japan (Hakozaki and Tsurumi Terminals)

DFSP Lakenhealth Air Base, UK FISC Yokosuka, Japan

DFSP Mildenhall Air Base, UK FISC Yokosuka, Japan - Sasebo Det.

DFSP Spangdahlem AFB, Germany

FISC Yokosuka Hachinohe Det., Japan

OCONUS OIL SPILL RESPONSE TRAINING (continued) Europe Japan Korea

DFSP Incirlik Air Base, Turkey

Okinawa, Japan (Kadena Air Base, U.S.Marines, and 506th QM Battalion)

DFSP Ramstein AFB, Germany