Delta Fuel Tank Purge PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Modular SYSTEM TANK PURGE for the Delta 3-4th ADA, 108TH Brigade BLDG # X-5620

Fort Liberty, NC 28310

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide fuel purge and cleaning service. 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

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 the fuel purge and cleaning services as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: Delta 3-4th Air Defense Artillery, 108th Brigade is requesting to perform the fuel purge and cleaning service on one (1) 2,500 Gallon Tank Rack Module fuel systems (Model:

M978A2R1).

1.3. Objectives: The service objective is for the Contractor to perform the services described in the PWS to make the equipment full mission capable and to ensure safety.

1.4 Period of Performance: 28 FEB 2024 – 29 FEB 2024

1.5. General Information:

1.5.1. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.5.2. The Contractor shall develop, implement, and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedures and methodologies for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services described in the contract are performed at or above the standards defined in the PWS and Performance Requirements Summary (PRS).

1.5.3. The Contractor shall submit their QCP. The Contractor shall receive the Contracting Officer’s (KO) acceptance in writing or any proposed changes to the QC procedures. The Contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and acceptance prior to implementation. The QCP shall address as a minimum:

1.5.4. Contractor’s organizational and management structure, titles, responsibilities and qualifications, work, and quality control verification. A comprehensive program to plan and deliver quality services and/or supplies described in the contract, prioritize services, and concentrate on the most essential services as identified in the Performance Requirements Summary (PRS).

1.5.5. The QCP shall contain methods of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, trend analysis of process deficiencies, and problem resolution.

1.5.6. Describe a method, acceptable to the Government, of identifying deficiencies in the quality of service performed under the contract before the level of performance becomes unacceptable.

Describe a method for preventing and addressing processes for corrective actions without dependence upon Government direction.

1.5.7. An established inspection system covering all services required by the contract. The plan shall specify areas to be inspected on both a scheduled or unscheduled basis and the title of the individual who will do the inspection. Maintain a system to inspect their subcontractor services and products to ensure compliance with contract requirements, and applicable laws and regulations. Specify tasks or areas to be inspected on a scheduled or unscheduled basis, and how inspections are to be conducted. The contractor shall provide a current list of all titled positions and the names of the incumbents who will perform the inspections and the percentage of the work that will be inspected regularly.

1.5.8. Inspection Files. The contractor shall keep records on-site of all inspections conducted by the Contractor and the necessary corrective action taken. Documentation of all contractor quality control inspections and corrective actions shall be maintained by the contractor throughout the term of this contract.

1.5.9. The QCP shall have a customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). The government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process.

1.5.10. The QCP shall include a disaster contingency.The plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other special circumstances identified by the Government.

1.6. Quality Assurance. The COR 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 COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.8. Recognized Federal Holidays: The requirement does not fall on a recognized federal holiday.

1.8.1. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.8.1.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.8.1.2. Reschedule the work on any day that is mutually satisfactory.

1.8.3. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 0800 – 1700 (8AM – 5PM), Monday through 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. The Contractor shall 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40 hour work week; flexible work schedule may be considered.

1.8.3.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.

1.8.4. Place of Performance: Contractor shall have routine access to Government-controlled facilities. All work to be performed under this contract shall be accomplished at 3-4th Air Defense Artillery Regiment Battalion Motor Pool BLDG X-5620, Fort Liberty, NC 28310

DODDAC: W90XFA.

1.9. Security Requirements:

1.9.1. Physical Security Plan.

The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than authorized Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.9.2 Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Access Control Point (ACP), detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American ACP. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes through the Fort Liberty All American Access Point.

1.10. Safety: The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO 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 KO within five calendar days of each occurrence.

1.11. Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR. Issue DOT certifications stating ANSI, DOT, and OSHA compliance for each tanker upon completion.

1.12. General:

1.12.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract.

1.12.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements.

They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.12.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.13. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within one (1) work day of the proposed change.

1.14. Identification of Contractor Personnel: 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 in the minds of members of the public that they are government officials.

1.15. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to present a professional appearance at all times.

1.15.1 Conduct of Personnel: The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. In accordance with Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S.C. 1382 (1972), The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.16. Contracting Officer Representative (COR): The KO will designate, in writing, a COR. The COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The KO will retain the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR shall be addressed, in writing, to the KO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract;

issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

The Government COR:MSG Dwan James, dwan.a.james.mil@army.mil or 910-643-7850

1.16.1. The Contracting Officer will designate, in writing, an Alternate Contracting Officer’s Representative. The Alternate COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the Alternate COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The Contracting Officer will retain the ultimate responsibility for the administration of the contract.

The Alternate COR’s authority shall only be in effect during the absence of the COR.

mailto:dwan.a.james.mil@army.mil

Part 2 Definitions & Acronyms

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONFLICTING DIRECTIVES. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved. The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but no later than one (1) workday of the discovery of a conflict.

2.1.2. 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.

2.1.3. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to 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. CONTRACTOR PERSONNEL. Includes Contractor and subcontractor employees performing working under this contract.

2.1.6. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

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

2.1.8. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives.

Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

2.1.9. PERFORMANCE REQUIREMENTS SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

2.1.10. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.11. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). The Government’s 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 length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

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

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CMDF Controlled Material Destruction Facility CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense DOT Department of Transportation FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit

Part 3 Government Furnished Property, Equipment, and Services

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not Applicable

3.2. Facilities: Not Applicable

3.3. Utilities: The Contractor shall instruct all 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.

3.4. Equipment: Not Applicable

3.5. Materials: Not Applicable

Part 4 Contractor Furnished Items and Services

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Materials: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to meet the requirements under this PWS.

PART 5

Specific Tasks

5. SPECIFIC TASKS:

5.1 Basic Services. The Contractor shall provide fuel purging and cleaning service for one (1) 2,500 Gallon Tank Rack Module fuel systems (Model: M978A2R1) to include a sniff test.

5.2 Specific Tasks List.

5.2.1 Purging of Tank: The Contractor shall provide service to air purge and visually inspect assorted sizes and types of military fuel tanks.

5.2.2 It is anticipated that residual fuel will not exceed one percent of each tank’s capacity. The Contractor is responsible for disposal of residual fuel up to one percent of each tank’s capacity. In the event that there is more than one percent of residual fuel, the Contractor shall contact the Government to coordinate removal of residual fuel. The Government is not responsible for disposal costs for fuel in excess of one percent of the tank’s capacity in the event the Contractor removes the residual fuel without prior coordination with the COR.

5.2.2.1 The Contractor shall physically access inside of the tank and completely wipe/remove residue from the side walls and/or bottom of the tank.

5.2.3 The Contractor will perform visual inspections for purging services and will ensure that no inservice tank will deteriorate below the specified limits identified in Code of Federal Regulations CFR) 49 standards. The inspections must also show that no structural defect is evident that may cause leakage from or failure of the tank.

5.2.3.1 If at any time the Contractor is using a chemical for purging or repairs, it needs to meet the requirements in ATP 4‐43. The Contractor shall maintain onsite and have readily available an inventory listing of all hazardous materials used onsite. Safety Data Sheets (SDS) will be maintained and readily available for any chemicals or hazardous materials used onsite. It is the Contractor’s responsibility to properly train his personnel on the existence and safe use and storage of chemicals and hazardous materials.

5.2.3.2 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.

5.2.3.3 Equipment: A joint inspection will be conducted by the Contractor and Government POC at the time of possession to determine if there is any damage to the equipment. The Contractor shall document any damage to Government equipment upon taking possession of the equipment regardless of if the equipment is being purged on a Government or Contractor site. Documented damages will be certified by the Government at the time of documentation. Failure to do so will result in the Contractor being liable for the damages. A copy of the equipment inspection worksheet will be provided to the Government each time damage is documented.

5.2.3.4 Additional Repairs: Any repairs identified during visual or annual inspections will be handled on a case by case basis. In the situation where the Contractor determines that further repairs be conducted on the equipment, they are to submit a Purchase Request (PR) defining the type of repairs required. The PR for repairs shall include the issue found, the labor time for repairs, the hourly labor rate, and at least two (2) quotes annotating the necessary materials. The Contractor shall ensure the estimates identify material type, manufacture, quantity and cost. The Contractor shall submit the PR to the COR within five business days of the determination. The COR will review the request and respond to the Contractor within five business days. All repairs to include labor will be submitted to the Government and approved prior to Contractor beginning any repairs or completion of work. The Contractor shall not order and parts or conduct any repairs without written authorization from the COR to do so. Government personal on site do not have the authorization to approve any parts or repairs. In a situation where the Contractor completes repairs that have not been authorized by the COR, the Government will not be responsible for payment of those repairs.

5.2.3.5 Invoicing: All inspections/purges/repairs shall be completed within 30 days of Government request and invoiced within 30 days of service completion date. The Contractor shall produce an invoice on a monthly basis for submission to the COR for concurrence prior to submission into Procurement Integrated Enterprise Environment (PIEE), Work Area Work Flow (WAWF) module. When invoicing for repairs the Contractor shall provide at a minimum, the approved PR, an actual vs. estimated statement and receipt document(s). The actual vs. estimated statement will identify why expenses were either over/under estimated. The Contractor’s documents shall be detailed to ensure tracking can be done on all items. Once the invoice is submitted to the COR, it must be reviewed and approved by the COR prior to submission into WAWF. It is suggested that the Contractor provide a draft invoice with the appropriate documentation to the COR prior to submitting it into PIEE to ensure it will be approved by the Government.

PART 6

Applicable Publications

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1. The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures.

• American National Standards Institute (ANSI)

• 29 CFR 1910, Occupational Health and Safety, DoD

• 5200.08-R, Physical Security Program

• 32 CFR 147.24, The National Agency AR

• 190-13, The Army Physical Security AR

• 385-10, The Army Safety Program

• DA Pam 385-40, Army Accident Investigations and Reporting Executive Order

13514

Performance Objective

PWS

Paragraph

Task Acceptable Quality Level

(AQL)

Surveillance/ Inspected by

Place of performance

PWS 1.8.4 Contractor shall perform service at 3-4 motor pool.

100% compliance

COR

Certificate upon completeion

PWS 1.12 Issue DOT certifications stating ANSI, DOT, and OSHA compliance for each tanker upon completion. Contractor will provide a copy to COR upon completion.

100% compliance

COR

Cleaning PWS 5.2.1 Contractor shall resure that air cleaning is provided to clean fueler tank.

100% compliance

COR

Removal of residue

PWS 5.2.2 Contractor shall remove all residue from fuel tank.

100% compliance

COR

Disposal of hardous waste

PWS 5.2.3 Contractor will dispose of hazardous waste.

100% compliance

COR

PERFORMANCE WORK STATEMENT (PWS)