TO_PWS NAV312 Crown Pt Site Assessment Support 031220.pdf

PERFORMANCE WORK STATEMENT (PWS)

Navajo Nation UST Site 312 Crown Point Conoco

Site Assessment Support EPA Tribal Nations Program

Part 1

General Information

1. GENERAL: This is a new non-personnel services Fixed Price Task Order to be awarded on the newly awarded IDIQ (Contract Number TBD). The Task Order is designated to provide the support for the continued USEPA Underground Storage Tank

(UST) compliance program support for EPA Region 9. The intent of a PWS is to give the contractor performance criteria to execution of the project and to have the contractor propose back a cost effective solution to reaching those performance standards. Unlike a

Scope of Work (SOW) the PWS only establishes the performance objectives. The No directive details will be given in proposing and directing execution of these tasks. The contractor’s proposal will be evaluated against already established professional standards and look for innovative suggestions that can be deemed to be successful for the goals of the project. 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 support tasks as defined in this

PWS except for those items specified as government furnished property and services.

The contractor shall perform to the standards in the base contract and this task order.

1.2 Background: The U.S. Environmental Protection Agency (EPA) Region 9 is required to perform assessments, evaluations, data analysis, and prioritization of potentially contaminated sites within the borders of certain tribal nations within the US.

The support outlined in this PWS is a continuance of the support provided to EPA in fulfillment of that requirement. This task order address the next phase of work required at UST Site #312 within the Navajo Nation. All required coordination and compliance with federal and local authorities for all phases of work including permitting.

1.3 Objectives:

Project Management

Historical Data Review

Fieldwork and Reporting to assess extend of contamination

1.4 Scope: Navajo Nation UST Site 312 Crown Point Conoco Assessment.

Part 5 of this PWS contains the task description and deliverables. The following outlines the activities that will take place to accommodate these requirements. Please note as part of the proposal, the contractor will be required to provide a written description of the proposed technical approach to allow for an evaluation of the sufficiency of the planned activities. The sufficiency of the proposed technical approach will be used to evaluate the proposal. Proposals found to be technical insufficient will be rejected.

Data Review – Conduct a review of publically available data on the subject site to assess the site history and previously gathered data. This includes the last site assessment report, the recommendations of which form the foundation of this PWS.

Fieldwork – Conduct the site investigation as described in section 5 of this PWS and prepare a technical report documenting the findings of this investigation including any recommendations for follow on actions required to achieve site closure.

This assessment will include drilling, laboratory analysis, and standard reporting required to document the field event. The IDIQ contract will be awarded to support all assessment tasks required by EPA in support of prioritization and evaluation of facilities and sites.

1.5 Period of Performance: The period of performance shall be for 12 months from date of award. Period of performance may be extended if government delay occurs.

1.6 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 program Health and Safety (H&S) Program that will be used for all task orders issued under this contract. The H&S plan will be reviewed by USACE 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

1.6.4 Place of Performance: The work to be performed under this contract will be performed at the contractor’s office and Project site in Northern California.

1.6.5 Type of Contract: The government will award a new Fixed Price Task Order on

IDIQ TBD

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 (COR), 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) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the

Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

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

Dan McMindes (CESPD-PM)

U.S. Army Corps of Engineers, San Francisco District

1455 Market Street, Suite 1741

San Francisco, CA 94103-1398

Phone: (415) 297-0367

Email: daniel.c.mcmindes@usace.army.mil

1.6.9 Key Personnel: The follow personnel are considered key personnel for the IDIQ contract under which this task order will be awarded:

TBD

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 in the minds of members of the public that they are Government officials. They must also insure that all documents or reports produced by contractors are suitably marked as contractor products 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 to handle hard files, in 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 or you can include in your IGCE and the workload summary , a projected listing of travel locations to include frequency and number of persons required to travel so the offerors can provide pricing.

1.6.12 Other Direct Costs: This category includes travel (outlined in 1.6.10), 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, 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, 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 which may create a current or subsequent Organizational

Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may 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.

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.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

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

EPA Environmental Protection Agency

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

H&S Plan Health and Safety Plan

KO Contracting Officer

LUST Leaking Underground Storage Tank

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

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

TE Technical Exhibit

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: NA

3.3 Utilities: NA

3.4 Equipment: NA.

3.5 Materials: NA.

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:

5.1. Basic Services. The U.S. Environmental Protection Agency (EPA) Region 9 is required by statute to perform assessments of potentially contaminated facilities and sites.

This includes preparation of program documents such as a programmatic Health and

Safety Plan, data quality management plan, etc. The follow 3 tasks are in continuance of that effort. All tasks shall be considered to be independent of other tasks and include all activities required to complete the task. There will not be an additional task for program and project management, mobilization, laboratory and analytical costs, reporting, etc.

Task 1 Data Review: Conduct a review of the existing public records of the subject site to establish the site history, environmental assessment activates conducted to date, and current status. This may or may not require trip to the local agency and interviews with local residents that may only speak Navajo.

Task 2 Site Investigation:

Task 2.1 Plans and Permits: The contractor shall develop draft and final several documents to comply with USACE, EPA, and Navajo requirements. These plans include but may not be limited to 1) Health and Safety Plan to include an Activity Hazard

Analysis (Draft and Final). This shall be compliant with the USACE 385-1-1. And 2)

Sampling and Analysis Plan (Draft and Final) to determine the lateral and vertical extent of contamination present in the subsurface at the site. This will included review the areas north and south of the source area as well as within the source area itself. During this investigation, the contractor will establish the extent of contamination as well as the depth to groundwater at the site (reasonably expected to be between 75 to 100 feet below ground surface). This task shall also include all permits, fees, logistics/language support and costs associated with preparation and execution of the field work tasks.

Task 2.2 Borings and Soil Sampling: Several locations shall be identified in the work plan for boring locations. If groundwater is not encountered before 50 feet the boring may be extended in 25 foot lengths to 75 or 100 feet as options to the base award. Soil if groundwater is encountered within one hundred feet of grade surface the government will determine if the boring is to be completed as a monitoring well. It is anticipated that 3 borings will be completed as monitoring wells. If it is determined that the boring will be completed as a well the boring shall be extended to a total depth of ten feet below first encountered groundwater to a maximum depth of one hundred and ten feet. The selection of soil samples for lab analysis will be based on field screening using appropriate techniques. One sample per five feet of boring will be analyzed to allow for vertical profiling of the encountered soils. Soil samples collected from the site will be analyzed for constituents that have been identified during previous investigations at the site. Saturated soil samples will not be analyzed.

Task 2.3 Well Completion and Ground Water Sampling: Wells will be developed and sampled for the same suite of analytes as would be expected for soil profiling during well installation. Proper disposal of investigation derived waste materials is included in this task. Groundwater samples collected from the site will be analyzed for constituents that have been identified during previous investigations at the site. It is anticipated that 3 borings will be completed as groundwater monitoring wells.

Task 3 Draft and Final Report: The contractor will be required to provide a technical report detailing the activities and findings of the site investigation including copies of all lab reports and any recommendations for additional work required to achieve site closure.

Deliverable due at end of each monthly billing period: Project Management and Status

Report.

Deliverable due 45 days after award: Draft Sampling and Analysis Plan.

Deliverable due 15 days after resolution of comments: Final Sampling and Analysis Plan.

Deliverable due 120 days after field work: Draft Assessment Report.

Deliverable due 30 days after receipt of comments on Draft Report: Final Report.

PART 6

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance

Threshold (This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall ensure completeness of Reports and

Accuracy of data presented.

The contractor provided Reports that can be easily reviewed and approved by EPA and USACE

Zero or fixable ‘bugs’ Document

Review

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Status report to include progress and financial reports

Monthly

Electronic in MS

Word and Excel

Glen L. Mitchell, USACE SPN

Invoice Monthly 1 Electronic in pdf Glen L. Mitchell, Plans and

Reports

Once 1 Electronic in pdf Glen L. Mitchell,