Modification_Copy_1449_PWS_Edit.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The reason for this amendment is to update the PWS.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Jan-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9128F21R0035

X 9B. DATED (SEE ITEM 11)

15-Jan-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jan-2021

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9128F21R0035

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

AST API 653 External Inspections:

Scott ANGB, IL

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to perform inspections on Department of Defense fuel tanks. This service may entail the removal, disposal, and/or transfer of remaining fuel, tank cleaning, providing strapping charts, replacing wiper seals, and provide an above-ground storage tank (AST) Inspection on tank(s) listed in Attachment B. 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 execute the fuel removal, transfer, or disposal remaining fuel, replace wiper seals, provide strapping charts, clean the tank, and perform an AST (in service or out of service) inspection on the tank(s) as applicable at the location and tanks specified in attachment B and wiper seal replacement as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the in this contract.

1.2. Background: Compliance dates for each tank is the same 29 January 2021.

1.3. Objectives: Perform an AST (in service or out of service) inspection on the tank(s) as applicable at the location and tanks specified in attachment B.

1.4. Scope:

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute the fuel removal, transfer, or disposal remaining fuel, replace wiper seals, provide strapping charts, clean the tank, and perform an AST (in service or out of service) inspection on the tank(s) as applicable at the location and tanks specified in attachment B and wiper seal replacement as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.5 Period of Performance: The period of performance shall be for 90 calendar days starting at the date of contract award.

1.6. General Information

1.6.1. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.2. Recognized Holidays:

Contractor is not required to perform services on Federally Recognized Holidays during the POP. Federal Holidays are as follows:

New Years Day Martin Luther King Jr Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

1.6.3. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730-1630 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. Other than normal duty hours must be coordinated with the KO or his/her designated representative. 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 maintain stability and continuity of the workforce.

1.6.4. Place of Performance: The work to be performed under this contract will be performed at the installation identified in Attachment B.

1.6.5. Type of Contract: The government will award a Firm Fixed Price Contract.

https://www.federalpay.org/holidays/new-years-day

1.6.6. Security Requirements: There are no security requirements for this contract.

1.6.7. Site Access: Contractor shall coordinate with Installation personnel for access to the site. Points of contact for the installation will be provided upon award.

1.6.8. Meetings/Kick-Off Meetings: The Contractor shall coordinate with USACE PM and conduct a kickoff meetings prior to field activities. This can be accomplished either prior to mobilization and inspection activities or onsite prior to commencement of inspection activities accomplished at this meeting. These meetings shall be at no additional cost to the government. The Contractor shall be responsible to establish and coordinate a teleconference within 24 hours of inspection completion prior to placing tank back in service. This teleconference will review deficiencies found during the inspection with the Government making the final decision on whether or not to place this tank back into service.

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, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regards 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: Certified API 653 Inspector and Project Manager.

1.6.11. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

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

2.1.12. WORK WEEK. Monday through Friday, unless instructed otherwise by installation.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement ANG Army National Guard AR Army Regulation AST Aboveground Storage Tank API American Petroleum Institute ATG Automatic Tank Gauging AWWA American Water Works Association CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DAF Department of the Air Force DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EPA Environmental Protection Agency FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 IAP International Airport KO Contracting Officer MOGAS Motor Gasoline NFPA National Fire Protection Association OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OSS Out of Service PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit UFC Unified Facilities Criteria UFGS Unified Facilities Guide Specification

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: No Government furnished items or services are required.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Equipment: The Contractor shall provide all tools and inspection equipment needed to perform the inspection.

4.3. Project Inspection Management Plan (PMP):

As part of the initial PMP, the Contractor shall prepare and include a brief (< 10 pages) Work Plan, as an attachment, which will include proposed schedule, inspection activities, personnel performing inspection, required training certificates, and additional data or support requests.

4.4. Health and Safety Plan (HSP) and Accident Prevention Plan (APP):

The Contractor will prepare a Health and Safety Plan (HSP) to comply with 29 Code of Federal Regulations (CFR) 1910 and 1926 as well as applicable Military Service (Army, Air Force, or Navy), OSHA, state, host nation, and local and installation health and safety regulations regarding the proposed work effort. Qualifications for individuals who will be on-site for safety shall be submitted in the HSP

The Accident Prevention Plan (APP) is required by FAR clause 52.236-13. The APP describes the methods by which the contractor or USACE personnel will meet the safety and health requirements listed in EM 385-1-1. Entry into Confined Spaces shall comply with the requirements of 29 CFR 1910.146.

Abbreviated Accident Prevention Plans may be developed and submitted per Form A- 01 Abbreviated Accident Prevention Plan Checklist page A-13 of the EM 385-1-1. This may be submitted in order to develop a plan more specific to the work performed under this PWS but shall still comply as indicated above.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services.

Perform an external AST inspection to include visual inspection of the containment area Tank 5044 and Tank 5042.

The tank Inspection shall be in conformance with applicable industry standards API 653, NFPA 30, NFPA 326, UFGS 33 01 50.60, and in compliance with 40 CFR 112, UFC 3- 460-01, UFC 3-460-03 and any other applicable federal, state, local, service or host nation requirements. At a minimum, table 8-1 within UFC 3-460-01 shall be followed. All tank appurtenances that are required shall be documented along with all required appurtenances that aren’t present. Alarms, Automatic Tank Gauge equipment, and all tank appurtenances shall be tested and verified. The attached Inspection Report template should be utilized in submitting both the DRAFT and FINAL inspection reports.

Contractor shall leave a clean and orderly site upon the completion of the inspection.

Provide DRAFT and FINAL inspection reports per the attached templates.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

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

American Petroleum Institute API 650 (API) Welded Tanks for Oil Storage and API 653 Tank Inspection, Repair, Alteration, and Reconstruction

STEEL TANK INSTITUTE (STI)

SP001 – Standard for the Inspection of Aboveground Storage Tanks

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 30 – Flammable and Combustible Liquids Code NFPA 70 - National Electrical Code (NEC) NFPA 326 – Standard for Safeguarding of Tanks and Containers for Entry, Cleaning, or Repairs

UNIFIED FACILITIES CRITERIA (UFC)

UFC 3-460-01 Design: Petroleum Fuel Facilities UFC 3-460-03 Petroleum Fuel Systems Maintenance

UNIFIED FACILITIES GUIDE SPECIFICATIONS (UFGS)

UFGS 33 01 50.60 Cleaning of Petroleum Storage Tanks UFGS 33 56 21.17 Single Wall Aboveground Fixed Roof Steel POL Storage

Tank

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

40 CFR 112 EPA: Oil Pollution Prevention

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment A – General Installation Security Requirements

7.2. Attachment B – Fuel Storage Tank List

7.3. Attachment C – Fuel Storage Tank Excel Document

7.4. Attachment D – Monthly Contractors Progress, Management and Status Report

7.5. Attachment E – API In Service Template

TECHNICAL EXHIBIT 1

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

DELIVERABLES SCHEDULE

DELIVERABLE SCOPE OF

WORK

PARAGRAPH

DUE DATE

Project Inspection Management Plan/Work Plan & Health and Safety Plan (Draft)

4.3 & 4.4 15 days after award

Project Inspection Management Plan/Work Plan & Health and Safety Plan (Final)

4.3 & 4.4 5 days after receipt of comments

Inspection and Evaluation Report – (Draft) 1.4 21 days after Field Inspection

Inspection and Evaluation Report – to include populated Attachment C Excel Sheet for each tank (Final)

1.4 7 days after receipt of comments

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1.

Kick-Off Meeting with USACE and Stakeholders

State, local, and federal requirements regulating fuel storage tanks

100% The contractor will schedule this Meeting either on-site prior to commencement of work or via tel-con prior to being onsite. Submit agenda and meeting minutes to stakeholders.

PRS # 2.

On Site Inspection

State, local and federal requirements regulating fuel storage tanks.

100% Random Inspection.

PRS # 3.

Provide an API External Inspection

State, local, and federal requirements regulating fuel storage tanks

100% Random Inspection.

The contractor is to provide a DRAFT and FINAL report for MCX review and comment.

PRS # 4.

Out-Brief Meeting with USACE and Stakeholders

State, local, and federal requirements regulating fuel storage tanks

100% Contractor will coordinate a Tel-con and distribute the report of findings 24 hrs prior to the scheduled conference.

(End of Summary of Changes)