Tanker_Purge_Draft_PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

Tank Purge and Inspection Services for the 88th Regional Support Command (RSC) in Idaho, Montana, Utah, Washington, and Wyoming

PART 1

GENERAL INFORMATION

1. General: This is a non-personnel services contract to provide tank purge and inspection services for 88th RSC maintenance activities in the states of Idaho, Montana, Utah, Washington, and Wyoming. 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 tank purge and inspection services for 88th RSC maintenance activities as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: The Army Reserves has assorted bulk transportation tanks of various sizes used for transportation and distribution of Class 3 flammable fluids. While the Department of Defense (DOD) is exempt from Department of Transportation (DOT) standards for tank purging and storing because the DOD does not conduct transportation in commerce, the DOD maintains its own standards for tank purging and storing. Any tank used for Class 3 flammable liquids being prepared for storage or changing liquids type must be purged. Some tanks, but not all must have an annual inspection certification as specified in the tank’s technical manual. The 88th RSC maintains and stores these tanks for Army Reserve units in the northwest 19 state CONUS region. This region starts in Ohio and goes west to include Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Montana, Wyoming, Colorado, Idaho, Utah, Washington, and Oregon. This maintenance and storage of tanks is conducted at shops distributed throughout the region to meet Army Reserve unit needs. One of the few capabilities not held in these shops is the ability to properly purge, clean, inspect, and certify tanks for storage and changing liquid types.

1.3. Objectives: Obtain efficient and cost-effective tank purge and inspection services for the 88th RSC in order to safely store, maintain, and utilize bulk transportation tanks.

1.4. Scope: Services performed under this contract primarily include tank purging and inspection in accordance with applicable Army technical manuals associated with the types of tanks being serviced. The contractor shall accomplish tank maintenance to include parts and labor if approved by the Contract Officers Representative prior to work being accomplished.

0. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years starting on 27 September 2017 through 26 September 2018.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.212-4, Contractor Terms and Conditions – Commercial Items). A formal Quality Control Plan (QCP) is not required for this commercial service. However, the contractor shall maintain an inspection system commensurate with commercial practices to ensure the Contractor only tenders for acceptance those items or services that conform to the requirements of this contract.

1.6.2. Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS), the Government may reject the nonconforming service(s) and document the contractor’s performance record accordingly. The Government may also issue a Contract Discrepancy Report (CDR) in which the contractor will be required to respond with the development of a corrective action plan (CAP) which identifies the root cause, corrective action (CA) for the root cause, CA for the specific nonconformance, and the date the CAs will be complete. The Government may also reduce the payment to the contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred and/or may terminate this contract for cause.

1.6.2.1. Non-conforming Supplies or Services: When a contractor’s performance does not meet contract requirements and/or approved work schedules and/or timeframes it is considered non-conformance. Non-conformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III (Critical). The Government may re-inspect work designated for re-performance or late performance.

1.6.2.1.1. Level I (Minor) non-conformance: is defined as a non-conformance 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. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the COR to the contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the Contracting Officer (KO).

1.6.2.1.2. Level II (Major) non-conformance: is defined as a non-conformance, 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. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformance’s shall result in the issuance of a written CDR from the KO to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.3. Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDRs; or is for a non-responsive contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.4. Inspection Results: The contractor will be notified of Government inspection results. The contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.6.3. Federal Government Holidays: The contractor is not required to perform services on any Federal holiday.

NOTE: If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a regular workday, routine services shall be rescheduled to ensure mission requirements are met.

1.6.4. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730 and 1530 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. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5. Place of Performance: The work to be performed under this contract will be performed at either the requesting maintenance shop or at a Contractor provided location within 50 miles of the requesting maintenance activity. Specific maintenance activity locations are defined in Attachment 2.

1.6.5.1. Work performed at the requesting maintenance activity will result in removal of all hazardous material produced by tank purging and inspection from the site and disposed of in accordance with all legal, statutory, and environmental policy requirements.

1.6.5.2. The Government will be responsible to deliver and pick-up equipment serviced at the Contractor provided locations.

1.6.5.3. Regardless of work location the Contractor will take necessary precautions against accidental spills, equipment and procedural failures, and possible contamination.

1.6.6. Type of Contract: The government will award a Firm Fixed Price Indefinite Delivery Indefinite Quantity Contract.

1.6.7. Antiterrorism (AT) and Operations Security (OPSEC)

1.6.7.1. Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer (KO) and COR prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. 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.

1.6.7.2. Physical Security: The contractor shall be responsible for safeguarding all government equipment and property provided for contractor work under this contract.

1.6.7.3. Employee Access to Army Controlled Facilities: The Contractor will have a law enforcement background check completed for all employees who will be entering Army-controlled installations or facilities. Documentation of these checks will be made available to the COR upon request.

1.6.7.3.1. The company will provide to the COR, seven days in advance of the event, names and Social Security numbers (or equivalent identification numbers for non-U.S. citizens) of all employees who will be entering Army-controlled installations or facilities.

1.6.7.3.2. The company will ensure that its employees entering Army-controlled installations or facilities have obtained access badges and passes in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services.

1.6.7.3.3. The company will return all issued U.S. Government installation badges and/or access passes to the on-site Government representative when a contractor employee no longer requires access to the installation or facility.

1.6.7.3.4. The contractor shall comply with all personnel identity verification procedures. Employees must be accompanied by an authorized Government employee at all times while providing services in secure areas.

1.6.7.3.5. During Force Protection Conditions (FPCON) Charlie and Delta, services are discontinued and services will resume when the FPCON level is reduced to level Bravo or lower.

1.6.8 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, Post Award Orientation. The Contracting Officer, 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.

1.6.9 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, and specifications; monitor Contractor's performance and notify 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.

1.6.10. Key Personnel: The follow personnel are considered key personnel by the government: Point of Contact (POC) and Alternate POC (APOC). The Contractor shall provide a Point of Contact (POC) at each location covered in this contract that shall be responsible for the competent performance of the work required under the specifications of this contract. The name and contact information of the POC and an alternate, who shall act for the contractor when the POC is absent, shall be designated in writing to the Contracting Officer (KO) and COR. The name and contact information for the POC for each location shall be provided to the KO and COR. The POC or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. Contractor shall furnish the COR a list of telephone numbers where the Contractor or his authorized representative may be contacted, between the hours of 0730 and 1530 Monday thru Friday except Federal holidays. The list shall be provided NLT 2 days prior to the start of the contract and as changes occur. The POC and Alternate POC shall be able to read, write, speak and understand English.

1.6.11. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACT ADMINISTRATOR. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.3. 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.

2.1.4. 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.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.8. 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.

2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.15. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. The Government will provide not provide any services, equipment, or materials required to complete the work under this contract.

3.2. The Government may provide access to water outlets solely for the purpose of completing the work under this contract. The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.3. The Government may provide access to government facilities to support the completion of the work under this contract. This includes access to restrooms and work bays when weather prohibits the completion of the work under this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, material, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Purging Services. The contractor shall provide services to purge and visually inspect assorted sizes and types of military fuel tanks IAW appropriate technical manual or bulletin listed in paragraph 6

5.1.1. The quantities of tanks by type are defined in Attachment 3. Quantities are maximum expected numbers in a single year. Tanks will only be requested for servicing if change in fuel type or tank contamination occurs as well as tank being prepared for storage or if required as part of a Preventative Maintenance Checks and Services (PMCS).

5.1.2. Changes may occur in the command and control of activities/organizations supported by 88th RSC maintenance activities resulting in changes in the quantities and types of equipment defined in this PWS.

5.1.3. Visual inspections for basic purging services are to identify damage and corrosion issues with tanks being purged and are not required to meet Code of Federal Regulations (CFR) 49 standards.

5.2. Annual Inspection Services. The contractor shall provide service to conduct Vapor Integrity Tests in accordance with CFR 49. Testing personnel must be registered with the Department of Transportation (DOT) in accordance with DOT 49 CFR l80.409.

5.3. Vendor shall return such equipment to the Army in the same condition as when it was delivered. If the equipment is damaged, Vendor shall reimburse the Army for the cost of any repairs to such equipment that may be needed after these services have been completed.

5.4. Any repairs identified during visual or annual inspections will be handled on a case by case basis. The contractor shall notify the government of repair needed to obtain authorization to make the repair.

5.5. CONTRACTOR MANAGEMENT REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for tank purge and inspection services via secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website.

The required data fields include: (1) Contracting Office, Contracting Officer, or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement.

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The specific formats for the XML direct transfer may be downloaded from the website. Copies of the CMR will be provide to the COR per Attachment 1.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor (to include subcontractors) must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHMENTS LISTING

7.1 Attachment 1 - Contract Data Requirements List (CDRL)

7.2 Attachment 2 - Maintenance Activity Locations

7.3 Attachment 3 - Tank Type and Service Quantities