UST Inspection PWS Final 03 Mar 21.pdf

FA9301-21-R-0018

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PERFORMANCE WORK STATEMENT

FOR

UNDERGROUND STORAGE TANK (UST)

INSPECTION, TESTING AND REPAIR SERVICES

AT

EDWARDS AFB, CALIFORNIA

3 March 2021

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Underground Storage Tank Inspection, Testing and Repair Services

Table of Contents

1.0 SECTION I: DESCRIPTION OF SERVICES

1.1 General Scope 3

1.2 Background 3

1.3 Inherently Governmental Function 3

1.4 Period of Performance 3

1.5 Place of Performance 3

1.6 Specific Tasks 3

1.7 Historical Data 5

1.8 Deliverables 5

2.0 SECTION II: SERVICE SUMMARY

2.1 General 7

2.2 Performance Evaluation 7

2.3 Government Quality Assurance 9

2.4 Performance Assessment 9

2.5 Contracting Officer‘s Representative 10

3.0 SECTION III: GOVERNMENT FURNISHED SERVICES

3.1 Government Furnished Services 11

4.0 SECTION IV: GENERAL INFORMATION

4.1 Hours of Operation 12

4.2 Contractor Personnel 12

4.3 Conservation of Utilities 13

4.4 Environmental Protection 13

4.5 Miscellaneous Paragraphs 16

4.6 Security 17

4.7 Safety 18

5.0 SECTION V APPENDICES & EXHIBITS

APPENDIX 1 Definitions, Abbreviations, and Acronyms 21 APPENDIX 2 Site Maps 23 APPENDIX 3 Workload Estimate/UST Tanks 25 APPENDIX 4 Applicable Publications and Forms 26 APPENDIX 5 Over and Above Work Request Form 27

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SECTION I

1.0 DESCRIPTION OF SERVICES

1.1. General. This is a non-personnel services contract to provide Underground Storage Tank Inspection, Testing, Maintenance and Repair Services. 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.

1.1.1. Description of Services/Objectives. The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Designated Underground Storage Tank Operator (DUSTO) Inspections, Testing, and Repair Services as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract. This includes the planning, coordination, and surveillance of the activities necessary to ensure disciplined work performance and timely resources application to accomplish all tasking under the contract. The contractor shall be responsible for maintaining communication with the contracting officer (CO) and the contracting officer’s representative (COR), and to immediately notify both the CO and the COR of any problems that would prevent timely performance of this contract. The contractor is responsible for and required to implement, and maintain management control systems necessary to plan, organize, direct, and control all activities under this contract.

1.2. Background. The Inspection, maintenance and repair of the Underground storage tanks located at Bldg.

1301 and Bldg. 5232 is required for Environmental Compliance has been performed by a certified International Code Council (ICC) California UST System Operator Inspector.

1.3. Inherently Governmental Function. The contractor shall not perform inherently governmental functions as defined in FAR Subpart 7.5 in relationship to this PWS.

1.3.1 Contractor Responsibilities. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks under this contract. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. Additionally, under no circumstances shall the Government direct the purchase of materials or equipment on this contract. Purchases should be made at the discretion of the Contractor for contractual needs covered by the work to be performed as outlined in the Performance Work Statement (PWS). It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services, and additionally to ensure that material/equipment purchases are made in accordance with this PWS. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer (CO) immediately. Additionally, it is the Contractor’s responsibility to report to the CO all inappropriate direction by the Government to procure materials/equipment to which the Contractor does not have direct use for on this contract. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.4. Period of Performance. This is a year contract with 1 basic year and a 4 option years.

1.5. Place of Performance. The contractor shall perform the services in the PWS at Edwards Air Force Base, California.

1.6. Specific Tasks. The Contractor shall provide management, supervision, labor, materials, equipment, and supplies and shall be responsible to perform efficient, effective Monthly (at least once every 30 days) Designated Underground Storage Tank Operator Visual inspections, annual UST testing

Page - 4 - of 27 and certification, and perform any required repair of Underground Storage Tanks (USTs) to ensure satisfactory operation. UST tanks and systems are located at facilities listed in Appendix 2. Contractor services shall include the following:

1.6.1. Specific Tasks.

1.6.1.1. Monthly DUSTO Inspections. The contractor shall perform a walk through visual inspection of each UST and ancillary devices at least once every 30 days [23 CCR §2716(a)] to ensure the operability of equipment. The walk through will include but is not limited to the inspection of spill prevention equipment and containment apparatus, release detection equipment and containment sumps, review of the containment alarm history. The contractor shall record results on the “Designated Underground Storage Tank Operator Visual Inspection Report”, and submit the written report to the COR within 24 hours of completing the inspection.

1.6.1.2. Annual Testing and Certification. The contractor shall provide a yearly inspection and certification of the tank and spill detection equipment. UST test and certification report and the Monitoring System Certification Forms will be completed no later than 10 business days after the testing and certification has been accomplished and sent to the COR. The yearly inspection shall be completed prior to the expiration of the current UST System certification.

1.6.1.3. Maintenance: Contractor shall be responsible for Brine Solution inspections during the monthly or annual inspections. Contractor shall supply and fill Brine Solution on an as needed basis to ensure proper function of underground storage tanks. Contractor shall maintain a usage log of the Brine Solution amounts utilized monthly and submit to the COR by 5th calendar day of the following month.

1.6.1.4. Repair Services: Contractor shall provide repair services when deficiencies are noted on the monthly or annual inspections or as required when requested by the COR. These deficiencies will be noted in the monthly or annual inspection report and reported to the COR with appropriate cost estimates. The contractor shall not commence with repairs until he receives an Over and Above Task Order from the Contracting Officer.

1.6.2. Over and Above (O&A) Work CLIN X003

1.6.2.1. Over and above repairs are repairs required to be made that are outside the contractor’s control.

This permits the government and the contractor to negotiate parts and labor, which are within the general scope of the contract and are necessary to make repairs or prevent malfunctions, but are not specifically identified and priced. The contractor shall not proceed with the over and above repair work until the work order has been approved. The contractor shall commence work and complete work by the mutually agreed upon dates Examples of O&A work include, but are not limited to: replacement or repair of parts or fittings, repair or replacement of leak detection sensor or equipment, repair or replacing electrical components. The Government reserves the right to utilize other contract vehicles for maintenance or replacement of Underground Storage Tank equipment or infrastructure system upgrades/modifications, i.e. purchasing a new tank.

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1.6.2.2. O&A Work Procedures. The following procedures shall apply for all over and above work requests pertaining to this contract:

(1) The PM shall request an over and above work request form (shown in appendix 4) from the contractor for work at any dollar amount per occurrence. The contractor shall submit the form, with all applicable fields completed, to the COR within five business days for non-emergencies and within the requested time frame for emergencies.

(2) All work requests submitted with a total value of less than $3,000.00 will be reviewed and approved by both the COR. All over and above work requests of $3,000.00 or more will be reviewed by both the COR, but must be approved by the CO to make the determination of a fair and reasonable price.

(3) The PM for this contract shall –

(a) Promptly review the over and above work request for technical acceptability and the reasonableness of the price.

(b) Verify that the proposed work is required, appropriate, and is not covered under the basic contract line item(s).

(c) Verify that funding is available for the over and above work request.

(4) The COR shall inform and coordinate with other appropriate government agencies on base as necessary, in a timely and professional manner.

(5) Approval will be done in writing, unless under emergency conditions where oral approval may be used. All oral approvals will be followed up in writing. The approval will establish a firm-fixed price for the work request. Failure of the contractor to provide the information required on the over and above work request, within the specified time frame, may be grounds for the government to openly compete the over and above work. If the government and the contractor cannot agree upon a firm-fixed price for the over and above work request, the government has the right to openly compete the over and above work. (CLIN X003)

1.6.3. DUSTO Training. The contractor shall perform DUSTO training and provide training to facility employees in the proper operation and maintenance of the UST system(s) at least once every 12 months. The written training program “shall be based on the spill, overfill, alarm, and emergency response procedures in place at the facility.”

It must include a brief description of who will be trained (i.e., job titles), what those positions’ responsibilities are with respect to management of the UST systems –particularly how UST system leak alarms relayed from the site and unauthorized releases at the site will be handled. Upon completion of training, the DUSTO must provide to the UST owner/operator (COR) a signed copy of the Facility Employee Training Certificate located in Appendix XII of Title 23 California Code of Regulations.

1.7. Historical Data. The tasks described above have been performed in the past by one full-time equivalent employee.

1.8. Deliverables.

1.8.1. Below is a list of deliverables under this contract

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Support Area Title Delivery Date/Description

Technical Designated UST Operator Inspection Report

Within 24 Hours of inspection to COR

Technical Annual UST Certification Report

Within 10 business days of testing

Management Safety and Health Plan 10 days after contract award

1.8.2. Data. The government has unlimited rights to all deliverables of this contract. Deliverables include monthly and annual UST inspection reports and any maintenance records established for repairs performed on the systems.

1.8.3. Inspection. Deliverables will be inspected by the government within 3 workdays of receipt.

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SECTION II

2.0 Service Summary (SS)

2.1. General

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 but do not represent all contract performance requirements. All contract performance requirements in this PWS will be monitored.

2.2. Performance Evaluation

Performance of a service shall be evaluated to determine whether or not it meets the performance requirements of this contract. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate. In the case of issued Corrective Action Reports (CARs), the Contracting Officer shall take appropriate measures according to inspection of services clause in the contract, i.e., FAR 52.246-4, 52.246-5, or 52.212-4(a). Corrective Action Reports may categorize nonconformance as minor, major or critical IAW the following FAR 46.101 definitions:

“Minor nonconformance” means a nonconformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services.

“Major nonconformance” means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose.

“Critical nonconformance” means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission.

Quality

SS1

SS2

Performance Objective

The Contractor shall perform Designated Operator Underground Storage Tank Operator Inspections at least once every 30 days

The contractor shall provide a yearly inspection and certification of the tank and spill detection equipment prior to the expiration of the current UST System certification.

PWS

Paragraph

1.6.

1.6.1.1

1.6.1.2

Performance Threshold

Zero Deviations allowed

Yearly inspection and certification are performed prior to the expiration of the current UST System Certification.

Rating Criteria

100% = Satisfactory

<100% =

UNSATISFACTORY

Satisfactory=Yearly inspection performed prior to current expiration date

Unsatisfactory = Yearly inspection NOT performed prior to current expiration date.

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Management

SS3

Performance Objective

UST Annual Test Report and Certification Forms completed NLT 10 business days after the testing and certification and sent to COR

PWS

Paragraph 1.6.1.2

Performance Threshold

UST Annual Test Report and Certification Forms are completed NLT than 10 business days after the testing and certification has been accomplished and sent to the COR

RATING CRITERIA

Satisfactory= UST Annual Test Report and Certification Forms are completed and sent COR NLT 10 business days after testing and certification

Marginal = UST Annual Test Report and Certification Forms are completed and sent COR NLT 15 business days after testing and certification.

Unsatisfactory UST Annual Test Report and Certification Forms are not completed or not sent to the COR NLT >15 business days after testing and certification

SS4

The Contractor shall perform Designated Operator Underground Storage Tank Operator Inspections at least every 30 days

1.6.

1.6.1.1

Inspection report completed and sent to COR within 24 hours following the UST inspection.

Satisfactory= Inspection report completed and sent to COR within 24 hours following the UST inspection.

Marginal =. Inspection report completed and sent to COR 48 hours following the UST inspection.

Unsatisfactory= Monthly Inspection report completed and sent to COR >48 hours following the UST inspection.

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2.3. Government Quality Assurance. The government shall inspect and evaluate the contractors’ performance to ensure services are received in accordance with requirements set forth in this contract. The COR will use the contractor’s work schedule, or modified version thereof, to record validation results. Results of the validation then becomes the official Air Force record of the contractor’s performance. Government surveillance of tasks not listed in the PWS or by methods other than those listed in the PWS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of this contract.

2.3.1. The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed and increase the number of quality assurance inspections if deemed appropriate because of repeated failures discovered during surveillance inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality assurance inspections if performance dictates.

2.3.2. When an observation indicates defective performance, the COR will require the contract manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the CO a Corrective Action Report (CAR) for issuance to the contactor. The contractor shall respond to the CAR IAW instructions provided and in the CAR.

2.4 Performance Assessment.

2.4.1. Contractor’s Performance. The government assesses a contractor’s performance on an on-going basis, both positive and negative, and provides a record on a given contract during a specified period of time.

2.4.1.1. Periodic Surveillance. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s services. Periodic surveillance will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi-annual or annually) and may be adjusted, based on quality trends.

2.4.1.2. Customer Complaints. The COR will receive and investigate all complaints. The COR will be responsible for validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the COR and the contractor. Validated customer complaints shall be corrected within 8 hours of notification. CO will validate corrective action.

SS5

The contractor shall perform Over and Above Repairs

1.6.2.

Repairs shall be performed within the agreed upon time with no deficiencies

Satisfactory = repair completed on-time with no deficiencies

Marginal= Repair completed on-time with 1 deficiency allowed

Unsatisfactory= Repair not completed on-time 2 or more deficiencies

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2.4.2. Past Performance Information (PPI). PPI can be provided to other government agencies, as requested.

2.5. Contracting Officer Representative (COR). CORs are representatives of the CO and will participate in the administration of this contract. After award of the contract, the contractor will be provided a letter identifying the COR and setting forth their duties and authorities. The COR is not authorized to change any of the terms and conditions of the contract/task order.

2.5.1. Multifunction Team (MFT). The contractor’s manager with the CO, Contract Administrator (CA), COR, and other government personnel shall meet on a regular basis. The MFT will establish how often meetings are needed based on contract complexity. The contractor may request a meeting with the CO when the contractor believes such a meeting is necessary. If the CO or CA deems necessary, written minutes of any such meetings shall be recorded by the CA in the contract file and signed by the PM and the CO or CA. If the contractor does not concur with any portion of the minutes, such nonoccurrence shall be provided in writing to the CO within 10 calendar days following receipt of the minutes.

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SECTION III

3.0 GOVERNMENT FURNISHED SERVICES

3.1. Government Furnished Services (Base Support). The government will provide the following services:

a. The removal, characterization and disposal of any water/fuel mixture that is found in sumps or interspatial spaces.

b. Escorts for the contractor to enter Controlled Movement Area (CMA) on the airfield.

c. Emergency Medical Services. Edwards AFB will provide emergency medical services for contractor personnel in performance of services under this contract base IAW AFI 41-115 Chapter 1. The contractor shall reimburse the government for treatment provided at the current reimbursement rate for non-authorized user IAW AFH 41-114, paragraph 42. The contractor shall provide to the 412th Medical Group, the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care after receiving initial emergency treatment on base. All mishaps will be promptly reported to the base safety office through the COR.

d. Utilities: Electricity, gas, water and sewage service as necessary for accomplishment of work in accordance with this contract. Additionally, the contractor shall adhere to all base level utility conservation practices or requirements. The contractor shall be responsible for operating under conditions that prevent waste of utilities.

e. Fire Prevention and Protection: The government will provide fire prevention and protection, inspection and maintenance of government furnished fire extinguishers and systems. The Fire Department telephone extension is 911 for emergencies when calling from a base phone and (661) 277-4540 when calling from a cell phone.

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SECTION IV

4.0 GENERAL INFORMATION

4.1. Hours of Operation. The contractor shall perform the services required under this contract during the following hours: 0700-1500 Monday thru Friday except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

4.1.1 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

*If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on Sunday, it will be observed on the following Monday.

4.2. Contract Personnel

4.2.1. Contract Manager (CM). The contractor shall provide a contract manager and alternate(s) who are knowledgeable of Underground Storage Tank inspection. The contractor shall submit the name, address, telephone number and a resume of the CM to the CO within 2 days of contract start date. The list shall be kept current throughout the life of the contract. The CM or alternate(s) shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM or alternate(s) shall be available within 48 hours to meet on the installation with government personnel designated by the CO to discuss problem areas. The CM and alternate(s) shall be able to read, write, and speak English. The CM shall be able to effectively communicate with contractor employees. Qualifications for the CM are listed below: CM and alternate must have a minimum of 3 years’ experience in performing or overseeing the performance of Underground Storage Tank inspections.

4.2.1.1. Personnel Roster. The contractor shall provide a personnel roster consisting of names and other pertinent personnel data to the requiring activity for the purposes of 100% accountability real-world and exercise situations.

The personnel roster shall be updated as individuals are removed and added.

4.2.2. Contractor Employees:

4.2.2.1 Certifications. Contractor employees performing repairs on the UST systems shall have current California UST Service Technician certification issued by the International Code Council (ICC) and possess a current Tank Testers License or appropriate Contractors State License Board (CSLB) license to perform certification testing.

All certification and licensing requirements by Federal, State, and local agencies shall be complied with at the contractor's expense.

4.2.2.2 Contractor employees performing the Designated Underground Storage Tank Operator inspections shall possess a current "California UST System Operator" certificate issued by the International Code Council (ICC) prior to performing work under this contract.

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4.2.2.3. English Language. Employees who deal directly with customers will be required to communicate clearly and concisely with the customers in English. This requirement is strictly for the purpose of efficiently performing the contract tasks.

4.2.3. Use of Government Employees.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. In addition, the contractor shall not employ any person who is an employee of the Department of the Defense if such employment would be contrary to the policies contained in AFI 64-106, Chapter 1, Industrial Labor Relations Activities.

4.2.3.1. Employment of Spouses/Dependents. The contractor shall not employ any person who is a spouse or dependent child of a Department of Defense employee (either military or civilian) when such employee would be placed in a conflict of interest or appearance of a conflict of interest by virtue of such employment.

4.2.3.2. Off-duty Military Personnel. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours, or deployment. Military Reservists and National Guard members may be subject to reorder to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. However, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2.3.3. Identification of Contractor Employees. All contract personnel attending meetings, answering government telephones, and working in other 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 ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall either wear distinctive clothing bearing the name of the company and/or by wear badges that contain the company name and employee name performance of this service.

4.2.3.4. Privately Owned Vehicles. Each contractor employee driving a privately owned vehicle on the installation must carry minimum liability insurance as required by the state. Contractor employees shall adhere to all posted speed limits and shall not use hand-held cellular telephones while driving on the installation for phone calls or texting. Use of seatbelts is mandatory. Any contractor employee cited for driving under the influence will have their driving privileges immediately revoked for a period to be determined.

4.3. Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

4.4. Environmental Protection/Hazardous Materials Management. The contractor shall comply with all applicable federal, state and local laws, regulations and standards that are or may become applicable to contractor’s activities in performance of this PWS.

4.4.1. The Contractor shall comply with Hazardous Material Identification and Safety Data Sheet requirements.

The Contractor shall ensure all hazardous materials are authorized and managed in compliance with applicable sections of Air Force Instruction 32-7086, Hazardous Materials Management and Edwards AFB Hazardous Materials (HM) guidance to ensure compliance with Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001–11050), and the Pollution Prevention Act of 1990 (42 U.S.C. 13101–13109). The Contractor shall list all hazardous material to be delivered under this contract on the Contractors Hazardous Materials Usage Tracking Form (HMUTF) form, (Appendix 4).

4.4.2. The Contractor shall complete and provide the HMUTF form to the Contracting Officer (CO) prior to the contract start listing all HM (i.e., any chemicals/materials procured for this project and prior to the hazardous

Page - 14 - of 27 material entering the installation for approval by 412 CES/CEVC. In addition, A Safety Data Sheet (SDS) for each Hazardous Chemical requested that is listed in OSHA Hazard Communication Standard 29 CFR

1910.1200. shall accompany the HMUTF form. After initial notification of approval, the Contractor must continue to provide updates quarterly to the COR by the 5th business day of the month following each quarter until the throughout the term of contract. The Contractor should contact 412 CEG/CEVC at

(661) 277-1401 or via e-mail at 412CEG.CEVC.HMWorkflow@us.af.mil for guidance regarding tracking of HM usage and regulatory requirement information. The COR will forward all related HM documents to the 412 CEG/CEVC HM Program Manager

4.4.3 Any products that meet the criteria of “Hazardous Waste” must be bar coded and tracked until permanently removed from government property. Criteria for identifying hazardous waste are contained in Subpart C of 40 CFR Part 261. NOTE: Products containing chlorofluorocarbons (CFC’s) or ozone depleting substances shall not be allowed or approved for use.

4.4.4. The contractor shall ensure that all contractor employees complete the local Air Force Hazardous Communication and hazardous waste training. The contractor shall appoint a primary and alternate HAZMAT and Hazardous Waste monitor. Monitors are responsible for coordinating training of all contractor personnel regarding hazardous material containers maintained on base and complete SDSs immediately upon receipt of new chemicals, products, or materials through 412 CEG/CEVC.

4.4.5. The Contractor shall comply with Pollution Prevention and Right-to-Know Information requirements.

Control of environmental pollution requires consideration of air, water, and land uses, and involves the management of noise, solid waste, thermal energy, and radioactive materials, as well as other pollutants.

Protective measures shall be incorporated to control pollution and/or correct environmentally impacting conditions that may develop resulting from this contract. Environmental protection shall be provided during the life of the contract.

4.4.6 The Contractor shall comply with Environmental Management Systems requirements. The Contractor’s work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems.

4.4.7. The Contractor shall comply with Aerosols requirements. Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors as specified in this clause.

4.4.8. The Contractor shall comply with Health and Safety on Government Installations requirements. Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

4.4.9. The Contractor shall be solely responsible for obtaining at its cost and expense any environmental permits required for its operations under the Contract, independent of any existing permits held by the Government. Any and all environmental permits required for any of the Contractor’s operations or activities would be subject to prior concurrence of Government. The Contractor acknowledges that the Government will not consent to being named a secondary discharger or co-permittee for any operations or activities of the Contractor under the Contract. In the event the Government is named as a secondary discharger or co-permittee for any activity or mailto:412CEG.CEVC.HMWorkflow@us.af.mil

Page - 15 - of 27 operation of the Contract, the Government shall have the right to take reasonable actions necessary to prevent, suspend, or terminate such activity or operation, including terminating this Contract, without liability or penalty.

4.4.10. Right to Inspect. The Government’s rights under this Contract specifically include the right for Government officials to inspect upon reasonable notice the work site for compliance with environmental, safety and occupational health laws and regulations, whether or not Government is responsible for enforcing them.

Such inspections are without prejudice to the right of duly constituted enforcement officials to make such inspections. The Government normally will give the Contractor twenty-four (24) hours prior notice of its intention to inspect, unless it determines the entry is required for safety, environmental, operations or security purposes.

4.4.11. Non-compliance. If the Contractor is found to not be in compliance with any of these regulations, there may be cause for the facility to shut down until Contractor, when within the Contractor’s control or the Government’s, has remedied the problem. Any sanitary deficiencies shall require immediate correction.

4.4.12. Notification of Environmental Spills. If the contractor spills or releases any substance contained in 40 CFR 302 into the environment, the contractor or its agent shall immediately report the incident to the Edwards Emergency Response Center at 661-277-4540, and the designated COR.

4.4.13. Spill Response. The Contractor is responsible to report and promptly clean up all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize Government material, equipment, or personnel to clean up a Contractor caused spill, the Contractor shall be required to reimburse the Government for all associated costs.

4.4.14. Failure to Insist On Compliance. The failure of Government to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this contract shall not be construed as a waiver or relinquishment of Government's right to the future performance of any such terms, covenants or conditions and the Contractor's obligations in respect to such future performance shall continue in full force and effect.

4.4.15. Green Procurement. The Green Procurement Program (GPP) is a mandatory Federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the GPP. Recycled-content products are designated by the Environmental Protection Agency (EPA). “Bio-based” products made from renewable plant materials are designated by the United States Department of Agriculture (USDA). Energy and water efficient products are designated by the Department of Energy (DOE). GPP also requires the Government to avoid purchasing Ozone Depleting Substances (ODS) and EPA-designated Priority Chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourages the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and services that serve the same purpose), but are not already required by one of the mandatory GPP elements.

4.4.15.1. Green Procurement is mandated except when the Contractor can show that the product with recycled content does not meet intended specifications, has excessive cost, or cannot be delivered in time to support the schedule of the contract. If the Contractor is unable to locate a specified product meeting the GPP requirement, identify the issue to the CO or GPM for guidance. GPP is based on legal requirements and the Department of Defense facilities are subject to enforcement action if these requirements are ignored.

4.4.15.2. The Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts. The list of EPA-designated items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

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4.4.16. Hazardous Waste Materials Form. After initial approval, provide updates to the form quarterly to the COR by the 5th business day of the month following each quarter throughout the term of contract. See Appendix 4 for example report.

4.5. MISCELLANEOUS PARAGRAPHS:

4.5.1. Freedom of Information Act (FOIA). All official government records affected by this contract are subject to the provisions of the FOIA (5 U.S.C. 552/DoD 5400.7-R/AF Supplement). Any request received by the contractor for access/release of information from these records to the public (including government/contractor employees acting as private citizens), whether oral or in writing, shall be immediately brought to the attention of the CO for forwarding to the Base FOIA Manager to ensure proper processing and compliance with the Act.

4.5.2. Controlled Unclassified Information (CUI). The contractor shall comply with, Chapter 4, DoD Freedom of Information Act (FOIA) Program requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding CUI material.

4.5.3. Notification of Debarment/Suspension Status. The contractor shall provide immediate notice to the CO in the event of being suspended, debarred or declared ineligible by any other federal department or agency, or upon receipt of a notice of proposed debarment from another DoD Agency, during the performance of this contract.

4.5.4. Correspondence. The government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project.

The government issued contract number is to be referenced on all official communication starting upon notice of award.

4.5.5. Post Award Conference. The contractor agrees to attend any post award conference convened by the CO IAW FAR Part 42.5. These meetings shall be at no additional cost to the government.

4.5.6. Privacy Act. Work on this contract may require that personnel have access to information protected by the Privacy Act. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations when handling such information.

4.5.7. Records. All records created and received by the contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the government.

4.5.8. Insurance. The contractor shall obtain the necessary insurance as required by FAR part 28.3. The minimum amounts of insurance will be maintained IAW FAR 28.307-2.

4.5.9. Subcontracting. The contractor shall ensure that any subcontractor providing services on behalf of the contractor has been approved by the CO prior to any such performance. The subcontractor shall not have a negative performance history or be suspended or otherwise prohibited from doing business with the government.

4.5.10. 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.

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4.5.11. Fire Prevention. The contractor shall take all necessary precautions to prevent fires in the units and contractor-furnished and government-furnished facilities while performing any work under this contract. In the event fires do occur, the contractor shall immediately notify the Base Fire Department at 911. The contractor shall then notify the requiring activity and the CO. The contractor shall brief and document its employees monthly in fire safety issues and procedures in reporting fires.

4.5.12 Inclement Weather. If the base closes due to inclement weather, the contractor will be released, by the installation commander, with the general population of the base at no decrement to contract price. The contractor will follow the local procedures for reporting in inclement weather as advertised on local television and radio stations.

4.6 Security

4.6.1. General:

4.6.1.1. All Contractor employees will be subject to a criminal history background check IAW Air Force Manual (AFMAN) 31-113, Installation Perimeter Access Control, and 412th Test Wing Integrated Defense Plan (IDP) 31, Volume I (the AFMAN and IDP are both limited access documents but more details on the requirements/process in terms of background checks can be provided by the Contracting Office upon request). Vehicle registration, proof of insurance, and a valid driver's license must be presented for vehicles. Installation Commanders may deny access and credentials based on information obtained during identity vetting that indicates the individual may present a threat to the good order, discipline, and morale of the installation

4.6.1.2. Contractor Access To Air Force Installations. For Contractor personnel who wish to obtain long-term Base access via an Air Force Materiel Command (AFMC) Form 496, Application for AFMC Identification Card, IAW Air Force Federal Acquisition Regulation Supplement (AFFARS) Clause 5352.242-9000, Contractor Access to Air Force Installations, the Prime Contractor shall submit a written request on company letterhead to the CO with the following information (prior to submitting a request for Base access via an AFMC Form 496): 1) contract number, 2) location of work, 3) expiration date (must be on or before contract’s expiration date), and 4) names of employees/ subcontractor employees needing access to the base, to include each employee’s company name.

It is recommended that the Prime Contractor provide a copy of the request letter to each employee for verification purposes when the employee comes to the Contracting Office at Building 2800 to get their AFMC Form 496 signed. Employees for which no request letter can be found or provided will result in the employee being asked to return on another date/time so verification can be made.

Only employees who will be working on the contract consistently/frequently should be submitted for a long term Base pass.

Base passes will be limited to the length of the contract not to exceed 3 years from the date the AFMC Form 496 is submitted to the Contracting Office for signature.

The AFMC Form 496 will be reviewed/approved by the CO, then taken by the Contractor employee to the Edwards AFB Pass & Registration Office in Building 3000 for the security portion and issuance of the Base pass.

4.6.1.3. The contractor shall comply with all base security regulations. Additionally, the contractor shall comply with actions dictated by force protection condition changes/measures. For real-world situations/exercises, changes to force protection conditions could impact contractor performance of work and can include denial of access to the installation to perform work

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4.6.1.4. The Contractor shall comply with all security requirements imposed by the Installation. Specific security considerations will be handled on an individual Task Order basis as required.

4.6.1.5. The contractor shall report suspicious activity (refer to Edwards AFB Contractor Antiterrorism Awareness pamphlet) to Security Forces at 661-277-3340 in a timely manner.

4.6.1.6. The Contractor and its employees shall comply with all base traffic regulations.

4.6.1.7. No States are subject to Real ID Act enforcement at this time. The Department of Defense will accept standard State-issued driver's licenses and identification cards from all U.S. States and territories as proof of identity. Please visit the Department of Homeland Security's (DHS) website to get the latest information, https://www.dhs.gov/current-status-states-territories.

4.6.1.8. Contractor personnel who require routine physical access to the installation shall comply with Level I - Antiterrorism Awareness training requirements. Routine physical access applies to contractor personnel whose contract, performance work statement/statement of work has a 45 day or more period of performance. AT Level I training provides contractor employees with the requisite knowledge necessary to remain vigilant for possible terrorist threats. AT Level I training can be taken at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf for non- Common Access Card (CAC) holders. CAC holders may complete AT Level I training (Force Protection course) via the Advanced Distributed Learning Service at https://golearn.adls.af.mil/login.aspx. Tracking for each contractor or subcontractor employee is the responsibility of the COR or unit Antiterrorism Representative.

4.6.1.9. During performance of the contract, the Contractor shall be responsible for obtaining required identification for newly assigned personnel.

4.6.1.10 The Contractor shall be responsible for prompt return of credentials and vehicle passes for: 1) any employee who no longer requires access to the work site; 2) upon request by a CO; and 3) upon completion or termination of the contract. The Prime Contractor shall ensure that all Base identification passes issued to employees and subcontractor employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of payment.

4.6.1.11. Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within Contractor-owned or privately owned vehicle while on Edwards AFB.

4.6.1.12. The contractor shall be responsible for prompt return of credentials and vehicle passes for: 1) any employee who no longer requires access to the work site; 2) upon request by a CO; and 3) upon completion or termination of the contract. The prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. Failure to comply with these requirements may result in withholding of payment.

4.7. Safety The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal report to the CO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the CO within 5 calendar days ofeach occurrence.

4.7.1. Safety and Health Standards. The Contractor shall comply with all EAFB safety standards and all OSHA standards. The Contractor shall initiate and maintain programs to comply with the provisions of OSHA concerning entry requirements in confined spaces and handling potential hazardous substances and energized https://www.dhs.gov/current-status-states-territories https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf https://golearn.adls.af.mil/login.aspx

Page - 19 - of 27 equipment lock-out tag out. Resolution of citations for violations of Occupational Safety, Health Act Safety, and Health Standards is the Contractor’s responsibility.

4.7.2. Compliance. It is the Contractor’s sole responsibility for compliance with the OSHA(Public Law 91-596).

The Contractor shall submit a Safety and Health Plan and corresponding site safety checklist to the CO 10 days after contract award. The Contractor’s plan shall include appropriate measures to ensure the Contractor reacts promptly to investigate, correct and track alleged safety and health violations and/or uncontrolled hazards in Contractor work areas. Additional, installation specific references and policies may be included or attached to this section. The plan shall:

Demonstrate a management commitment to employee safety and health;

Identify the application of the safety and health plan to subcontractors;

Identify the roles and responsibilities of the following individuals: management; supervisors; employees; safety coordinator;

Identify applicable safety rules and regulations;

Include a worksite hazard analysis to include base-line hazard identification and required control measures;

Include a job site analysis to include hazards of tasks required to control measures;

Identify employee safety and health training requirements and the documentation process;

Include a workplace…