PWS -BPA Environmental Remediation Services_W9124224Q0012.pdf

Ver. October 2022

PERFORMANCE WORK STATEMENT (PWS)

FOR

ENVIRONMENTAL REMEDIATION SERVICES

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Spill Clean-up Services, as defined in this PWS.

1.2 Background: The North Carolina Army National Guard (NCARNG) experiences spills of fuel, oil, hydraulic fluid, etc. on an annual basis. The times, locations, and size of these spills are unknown. North Carolina Administrative Code (NCAC) 15 requires immediate clean-up and mitigation of all spills. NCARNG intend to issue a 5-year Blanket Purchase Agreement (BPA) with a commercial vendor to provide clean-up and mitigation services when required.

1.3 Period of Performance (PoP): The Period of Performance of the BPA shall be 5 years. Annual BPA reviews shall be conducted, and the requirement shall be validated with the end user each year.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall be prepared to provide services 24 hours a day, 365 days a year as required. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety, and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall perform services on these days as required:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Reserved.

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will 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 acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the KO. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved.

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center

Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Reserved.

1.4.5.4 Reserved.

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 Reserved.

1.4.5.7 Reserved.

1.4.5.8 Reserved.

1.4.5.9 Reserved.

1.4.5.10 Reserved.

1.4.5.11 OPSEC Training: In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the KO within 15 calendar days after completion of training. Level 1 OPSEC training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

1.4.5.12 Reserved.

1.4.5.13 Reserved.

1.4.5.14 Reserved.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 Special Qualifications:

1.4.7.1 29CFR1910.120 OSHA HAZWOPER 40-hour training.

1.4.7.2 Familiar with Incident Command System (ICS) and requirements of National Incident Management System (NIMS) and OSHA regulations 29CFR Part 1910.120 to implement ICS: Incident Commander training ISO-200

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the KO to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor 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 that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities.

1.4.10.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicle passes) to the KO within 14 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Reserved.

1.4.13 Reserved.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

1.4.15 Reserved.

2.0 Definitions and Acronyms:

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 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 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 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.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BaP Benzo(a)pyrene BI Background Investigation BPA Blanket Purchase Agreement BTEX Benzene, Toluene, Ethylbenzene, and Xylenes CM Contract Manager COR Contracting Officer Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DRO Diesel Range Organics EPA PAHs Environmental Protection Agency Polycyclic Aromatic Hydrocarbons FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services GRO Gasoline Range Organics HC Hydrocarbon KO Contracting Officer NCAC North Carolina Administrative Code NCARNG North Carolina Army National Guard NCDEQ North Carolina Department of Environmental Quality NGB National Guard Bureau

OCI Organizational Conflict of Interest PAO Public Affairs Officer PMO Provost Marshall POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control TE Technical Exhibit TPH Total Petroleum Hydrocarbons VOC Volatile Organic Compounds

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: N/A

3.2 Materials: N/A

3.3 Equipment: N/A

3.4 Services: N/A

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Initial assessment:

5.1.1 The Contractor shall perform abatement activities and collect samples necessary to determine the presence of Volatile Organic Compounds (VOC). The Contractor shall respond within 3 hours from the initial notification to determine if remedial action is necessary.

5.1.2 The Contractor shall oversee the removal of impacted soils and collect samples for laboratory analysis for Total Petroleum Hydrocarbons (TPH) Diesel Range Organics (DRO) and TPH Gasoline Range Organics (GRO) from the area of concern.

5.1.3 Samples shall be immediately taken to a laboratory and analysis shall be completed within 48 hours.

5.1.4 The excavation site shall remain open and be barricaded until laboratory results are received. During this period, it must be covered with waterproof material to prevent rainwater infiltration.

5.1.5 Any contaminated soils removed shall be transported to an appropriate disposal facility.

5.1.6. If any spill is determined to be in excess of 25 gallons, or if it impacts any body of water, the Contractor shall report the spill to North Carolina Department of Environmental Quality (NCDEQ) and NCARNG Director of Environmental Management.

5.2 Remediation:

5.2.1 The Contractor shall oversee backfilling and, if necessary, grading of the excavation area with clean soil and gravel, as determined by the spill remediation coordinator.

5.2.2 In the event of analytical results require over-excavation, the Contractor shall collect risk-based soil sample(s) for further analysis.

5.3 Reporting and Regulatory Communication:

5.3.1 Upon receipt of laboratory analytical data, the Contractor shall prepare a report within 7 business days, excluding weekends and holidays, of the completion of the remediation activities.

5.3.1.1 General Location Maps displaying an overview of the affected area. This data shall outline the approximate spill areas and the average depth of excavation.

5.3.1.2 Table(s) summarizing the soil analytical results. The table(s) shall include:

a. Soil Sample ID

b. Date Collected

c. Sample Depth

d. TPH GRO and DRO concentration.

5.3.1.3 Photographic Documentation of the soil sampling and removal. This documentation shall include photographs prior to, during, and after completion of the excavation. Documentation shall also include photographs of the excavation area after backfilling and grading are complete.

5.3.1.4 The Laboratory Analytical Report(s) shall present concentration values in a standardized format, ensuring clarity and consistency. The report shall address concentration values of the following:

a. Dilution used

b. Benzene, Toluene, Ethylbenzene, and Xylenes (BTEX)

c. GRO

d. DRO

e. TPH

f. Total Aromatics

g. 16 Environmental Protection Agency Polycyclic Aromatic Hydrocarbons

(EPA PAHs)

h. Benzo(a)pyrene (BaP)

i. Ratios of light, mid, and heavy fuel oils

j. Hydrocarbon (HC) Fingerprint Match (if found).

5.3.1.5 Soil Disposal Manifest including the following aspects. Disposal shall be in a manner approved by the NCDEQ.

a. Certificate(s) of Disposal

b. Non-Hazardous Materials Manifest(s)

c. Scale Ticket(s)

5.4 All mitigation and remediation services shall adhere to NCAC 15 and comply with the standards set forth by NCDEQ. The Government may require additional excavation, analysis, remediation, and/or disposal as required to meet the standard set forth in NCAC 15 and by the NCDEQ.

5.5 Data, documents, or images generated during these services may not be disclosed or used for advertising purposes without written approval of the NCARNG Director of Environmental Management, Provost Marshall (PMO), and Public Affairs Officer (PAO).

5.6 In case of a spill exceeding 25 gallons or impacting any body of water, the Contractor shall promptly submit completed remediation documents to NCDEQ and the NCARNG Director of Environmental Management. No Further Action (NFA) documents to NCARNG Director of Environmental Management upon receipt.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition

Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars DoD 5220.22-M

National Industrial Security Program Operating Manual (NISPOM)

02/28/2006 (Change 2:

05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

AR 530-1

Operations Security

09/26/2014 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

AR 525-13

Antiterrorism

12/09/2019 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 441

Department of Defense Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001- 0499.htm

DD 250

Material Inspection and Receiving

Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0499/

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance

Objective Performance Standard Acceptable Quality

Levels (AQL) Surveillance Method / By

Whom

5.1.1 Initial

Assessment

The Contractor shall perform abatement activities and collect samples necessary to determine the presence of

VOC. Contaminated soil shall be removed and properly disposed of. Laboratory analysis shall be completed within 48 hours.

Due to the potential environmental impact, there shall be no deviation from the standard. Analysis shall be completed within 48 hours 90% of the time and overruns must not exceed 24 hours.

100% Inspection / Director of Environmental Management

5.2 Remediation

The Contractor shall remediate the area to its previous state by delivering clean soil and gravel to the excavation area.

Meets the standard 90% of the time. Any deficiencies must be corrected with 5 business days.

100% Inspection / Director of Environmental Management

5.3 Reporting and

Regulatory Compliance

The Contractor shall provide the required reports to the Director of Environmental

Management.

Reporting shall be provided within 7 business days. Any deficient or missing reports shall be provided within 2 business days of notification.

100% Inspection / Director of Environmental Management

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

1.4.5.11 OPSEC

Training Certificates

Provide within 15 calendar days after employee completes training.

1 Electronic Submission

KO

1.4.10 Identification

Media

Return within 14 days of employee’s departure from contract performance.

Original(s) Hard Copy Facility Manager/Security

5.3 Reporting and

Regulatory Communication

Provide within 7 business days of completion of remediation.

1 Electronic Submission

Director of Environmental Management

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of workload quantities.

ITEM NAME ANNUAL ESTIMATED

QUANTITY

1 Spills mitigated 3 (2020) 3 (2021) 3 (2022) 5 (2023)