03_Draft_PWS_of_OWS_for_Osan_AB_(FBO).doc

PERFORMANCE WORK STATEMENT

FOR

Removal of Oil/Water Mixture and Contaminated Sand/Soil from Oil/Water Separators in Osan Airbase

1. GENERAL: The Contractor shall provide services for removal, transportation, and disposal of oil/water mixture and contaminated sand/soil from various Oil/Water Separators (OWS) at US Installation in Osan Airbase.

1.1. Scope of Work:

The Contractor shall provide all personnel, equipment, labor, supplies, tools, material, supervision, licenses and permits, and any other resource necessary for removal, transportation, and disposal of oil/water mixture and sand/soil from various oil/water separators at US Installations in Osan AB, in strict compliance with all the provisions of the contract as specified in Performance Work Statement (PWS) of this solicitation/contract as well as all laws and regulations of Republic of Korea (ROK), state, and federal regulations, international agreements, Status of Forces Agreements (SOFA) and USFK Pam 201-1 Environmental Governing Standards (EGS) or, in their absence, the Overseas Environmental Baseline Guidance Document (OEBGD). Estimated workload factors are in Technical Exhibit 1.

1.2. Period of Performance:

1.3. Quality Control Plan (QCP):

Contractor shall submit the QCP to the COR no later than 15 calendar days after award of the contract. As a minimum the QCP shall:

1.3.1. Describe means and methods to ensure quality services are provided throughout the life of the contract.

1.3.2. Identify all services that will be performed under this contract and how they will be inspected.

1.3.3. Describe the procedures for scheduling and conducting inspections.

1.3.4. Describe the procedures for reporting, tracking and correcting deficiencies, and preventing recurring deficiencies.

1.4. Quality Assurance:

The Government will inspect and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The COR will periodically inspect by watching the actual task performance, physically checking an attribute of the completed task, checking a management information report, investigating customer complaints, conferring with facility managers, or otherwise inspecting the task or its results to determine whether or not the performance meets the standards contained in this PWS. The COR will use the Contractor’s work schedule to record surveillance results. This surveillance record then becomes the official Air Force record of the contractor’s performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the Contracting Officer a Contract Discrepancy Report (CDR) DA Form 5479 for issuance to the Contractor. The Contractor shall respond to the CDR IAW instructions provided and return it to the Contracting Officer within given timeframe.

1.4.1. Submit Disposal Certificate. For every disposal, a disposal certificate must be submitted to the COR by monthly for proper environmental and record documentation purposes. All information should contain date and place of disposal. Disposal Report shall have the information related to operation authorized by Korean Government to verify the proper disposal procedures.

1.5. Hours of Operation:

Contractor services shall be performed during the normal hours of operations for US Installations in Osan AB. The normal hours of operation for this contract which are 0700 through 1500 hours, Mondays through Fridays, excluding federal holidays, unless otherwise required in the contract or approved by the Contracting Officer. When an emergency performance is required after normal operation hours, the contractor needs to response its requirement within two (2) hours.

U.S. Government legal holidays

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 4 July (Independence Day)

(6) 1st Monday, September (Labor Day)

(7) 2nd Monday, October (Columbus Day)

(8) 11 November (Veterans' Day)

(9) 4th Thursday, November (Thanksgiving Day)

(10) 25 December (Christmas Day)

1.6. Contractor’s Qualification:

1.6. Prior Experience as Prime Contractor. The Prime Contractor shall have a minimum three (3) years’ experience within the last eight (8) years in Designated Waste Collection & Transportation Business. The experience of a subcontractor cannot be substituted for the prime contractor's experience.

1.6.1. Prime Contractor’s License:

1.6.1.1. Business license (Designated Waste Collection & Transportation Business Permission (지정폐기물 수집 .운반업 허가증) issued by the ROK Government

1.6.1.2. Intermediate Treatment/Disposal permission for Designated Waste (지정폐기물 중간 처리업 허가증) for collection and transportation of the designated waste and the treatment of the designated waste (Waste Oil/POL-laden sediment/sand/soil) during the life of the contract issued by the ROK Government.

1.7. Personally/Key Personnel.

1.7.1. Definition: “Key Personnel” mean employees of the Contractor that is considered to be essential to the work being performed under this contract. Key Personnel are as follows: Contract Manager

1.7.2. Before removing, replacing, or diverting any of the listed or specified key personnel, the Contractor shall:

(1) Written notification to the Administrative Contracting Officer (ACO) reasonably in advance (14 calendar days is considered reasonable);

(2) Submit justification (including proposed substitutions with resumes of equal qualifications stated in this section 1.7.3.1) in sufficient detail to permit evaluation of the impact on this contract; and

(3) Obtain the Contracting Officer's written approval. Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity under the clause at 48 CFR 970.5203–3, Contractor's Organization, the Contractor may remove or suspend such person at once, although the Contractor shall notify the Contracting Officer prior to or concurrently with such action.

1.7.3. The list of key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel so long as the aforementioned items are addressed.

1.7.3.1. Contract Manager (CM): The Contractor shall provide a qualified CM who shall be responsible for supervising the overall performance of the work under the contract. The CM shall have an experience as a CM with a minimum two (2) years perform in designated waste collection and transportation within the last eight (8) years. The CM shall be sufficiently fluent in English to discuss work requirements comprehensibly when meeting with the Contracting Officer Representative (COR) or Contracting Officer (KO). If the Government, at its sole discretion, determines that the language skills of a CM does not meet the language proficiency skills required of the position, the Government reserves the right to require the Contractor to provide a new CM that does possess the required language proficiency skills required of the position, at no additional cost to the Government.

1.8. Equipment Plan: The offeror shall submit an Equipment Plan which clearly demonstrates how the offeror shall provide necessary equipment to perform services for removal, transportation, and disposal of oil/water mixture and contaminated sand/soil from various Oil/Water Separators (OWS) and clearly identifies equipment list, equipment type, description, quantities, ability to secure required equipment and any other information to perform in accordance with the PWS.

1.9. Security Requirements.

The contractor and his employees must comply with all security requirements imposed by the local installation commander at all times while performing the requirements of this contract on this military installation.

1.9.1. Base Passes. It shall be the contractor’s responsibility to arrange for base passes and necessary vehicle permits required for entry onto this installation prior to performing any work under this contract. The COR will not be responsible for providing escorts for the contractor.

1.9.2. Escort Privileges. Escort privileges will be authorized only for the CM with a limit of three (3) persons per base pass. It is the contractor’s responsibility to ensure that the escorting official has full control over all escorted individuals at all times. Any individual removed from this installation will not be authorized further access to this installation.

1.10. Safety.

1.10.1. General. The Contractor must perform all operations in a prudent, conscientious, safe and professional manner to comply with the provisions of the Occupational Safety and Health Standards Act and applicable Korean Laws and Regulations. At a minimum, Contractor’s personnel and equipment shall comply with applicable Korean Laws and regulations. The Contractor shall ensure that its agents, employees perform in a safe manner. The Contractor shall ensure that all personnel involved in handling and packaging the oil/water mixture be trained for the level of expertise required for proper performance of the task and, in particular, in the area of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe handling of these mixtures.

1.10.2. Equipment. All Contractor equipment shall be subject to function and safety inspections by the Government. Equipment considered not SAFE or functional shall be removed from the job site. The Contractor shall take all safety measures.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions.

2.1.1. CONTRACTOR. A supplier or vendor having 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 (KO). 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-physical things such as meeting minutes.

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. Records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall provide written Quality Control Guide (QCG) that should support the major functional areas of performance.

Example Below:

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.

2.1.13. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

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

DA

Department of the Army

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

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

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 Plan

TE

Technical Exhibit

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Security, Fire, and Medical Services. The Government will provide police and fire protection. In the event of a medical emergency, base ambulance service for transporting an injured employee to a local hospital is available on a cost reimbursement basis.

3.2. Facilities: The Government will provide the facilities identified below for contractor use in support of the requirements of this contract. Obtain COR approval in advance of making any changes to the facilities. Such changes will be at no cost to the government unless otherwise approved by the government. The contractor shall ensure facilities are maintained in a neat, clean and professional manner. The COR reserves the right to reallocate and relocate assigned facilities during the term of the Contract. Upon completion or termination of this Contract, return facilities to the government in the same condition as received, fair wear and tear and approved modifications.

3.3. Utilities: The Government will furnish electricity, water, and sewage as necessary for accomplishment of work in accordance with this contract. All facilities do not receive the same utility services. The Contractor shall not change or modify any utility system or component; or connect any Contractor property, equipment or system without prior COR review and approval. The contractor shall practice energy conservation in the Government provided facilities.

4. TASKs:

4.1. The Contractor shall notify the COR no less than thirty (30) minute prior to the start of cleaning. Only the Contractor shall perform the services in the presence of the Government inspector or COR.

4.2. After receiving the order, the Contractor shall perform the following services:

4.2.1. The Contractor shall remove all oil/water mixture from the separator(s) into the tanker truck. When the contractor will suck the oil/water mixtures from OWS into the tank truck they shall make efforts the water in the OWS should not be absorbed into truck too much by using proper device approved by COR. The Contractor shall record the quantity of oil/water removed by use of a metering device or equivalent as approved by the COR.

4.2.2. Sand/Soil mixture Removal:

4.2.2.1. Upon completion of oil/water removal from the oil/water separator, the Contractor shall start to remove sand/soil from the bottom of the designated oil/water separator(s) and place the sand/soil into Contractor furnished containers (55-gallon drums or other packing back).

4.2.2.2. All containers shall be properly marked and identified as containing contaminated sand/soil.

4.2.2.3. The Contractor shall dispose of sand/soil contaminated products by transporting the subject sand/soil to the Approved (by the local Government) Environmental Disposal Facility in KOREA.

4.2.2.4. Case 1. The oil/water separator is operable: The water from the oil/water separators does not require disposal. After cleaning is completed, the Contractor shall then pump only the water from the tanker truck through the oil/water separator at a flow rate consistent with the design of the oil/water separator. The Contractor shall drain water from the tanker truck up to the oil level.

Case 2. The oil/water separator is inoperable: The contractor shall remove and dispose of all water and mixture, no back fill is required.

4.2.2.5. The oil/water mixture that remains in the tanker shall be disposed at a licensed facility capable of disposing of the oil/water mixture in an environmentally acceptable manner.

4.3. Transfer of Ownership:

4.3.1. The transfer of ownership and title to all removed oil/water mixtures and sand/soil from the US Government to the Contractor is effective immediately after the collected oil/water mixture is pumped into the Contractor’s containers and the quantities have been verified and released by the COR or his/her designated representative.

After the transfer, the Contractor becomes solely responsible for the proper transportation, storage, treatment and disposal for oil/water mixtures and sand/soil.

After the transfer, the Contractor agrees to indemnify and hold the US Government, its agents and representatives harmless from any liabilities, claims, penalties, suits, damages and other expenses of any kind whatsoever arising out of or in connection with the performance of this contract.

After the transfer, the Contractor agrees to and shall assume full responsibility and physical custody for all of the material removed under this contract. The transfer of ownership and title under this requirement shall not affect or diminish the Government’s other rights under this contract.

4.3.2. The US Government assumes no liabilities for any damage to the property of the contractor, to the property of any person, or public properties or for personal injuries, illness, disabilities, or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control. The Contractor agrees to indemnify, save harmless and defend the US Government from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incident thereto (including the costs of defense, settlement and reasonable attorney’s fees), which it may hereafter incur.

4.3.3. Cleaning of Surrounding Service Area. Upon completion of work, the Contractor shall clean the surrounding service area within a ten (10) feet radius and is required to acquire the COR’s statement that work was performed satisfactorily.

4.3.4. Spills:

4.3.4.1. Reporting Spills. The Contractor shall telephonically report to the COR all spills, regardless of the quantity involved.

4.3.4.2. Contractor Responsibility. The Contractor shall be responsible for the complete cleaning up of all spills caused by the Contractor during the removal of the property covered by this contract.

4.3.4.3. Contractor’s Failure to Remedies Spills. Contractor’s failure to remedies spills within seven (7) calendar days after the spill incident may result in a reduction in payment to the Contractor in an amount equal to Government clean-up-costs.

4.4. Tanker Truck and Quantity Verification:

4.4.1. A tanker truck shall be used to transport the mixed oil/water mixture to the disposal facility.

4.4.2. Pump and Metering Device. The Contractor’s tanker truck shall also include a heavy-duty suction/vacuum pump to remove the oil/water mixture in the oil/water separator(s) as well as a metering device (Dip stick) to record the quantity of oil/water mixture removed.

4.4.2.1. Recording of Quantity of Oil/Water Mixture Removed. The COR shall record the volumetric gauge reading both prior to and following Contractor removal of oils/water mixture.

4.4.2.2. Quantity Verification. The Government inspector or user (as facility representative) and Contractor shall mutually agree and document the total quantity removed from each location.

4.5. Emergency Services Calls:

Unexpected services may be required in the event of natural disasters or other unscheduled repairs to pipes or other infrastructure involving OWS. In the event that servicing is required outside the contractor’s schedule, the contractor shall begin the service within two (2) hours after notification.

On-call service shall be priced separately as negotiated in the contract. The Government may issue a service call, any problem is recognized. The contractor shall report to the facility within 24 hours after notification. The emergency requires removal of fuel/oil, debris, water, and sludge as to prevent potential illicit discharges. The contractor upon inspection shall report a probable cause and corrective method to the Quality Control Plan (QCP). In the event of problems due to contractor fault, the contractor shall correct as required, at no additional cost to the government. A report upon completion is required for acceptance of the work by the QCP.

4.6. Reports.

The contractor shall initiate and maintain OWS inspection program reports for all OWS cleaning and related activities. The contractor shall prepare a brief written report on the overall condition of the OWS including observations of damaged or deficient parts and operational deficiencies. The report will include measurements of depth of oil, water, sludge, and other material contained within the OWS prior to cleaning. The contractor shall include information based on visual observations made following removal of contents from the OWS. The report shall also provide the approximate volumes of oil/fuel, water and sludge removed from the OWS. The contractor shall provide the comprehensive and clear disposal reports for final contract acceptance. All reports turn in to Environmental office should be submitted thru COR as required.

5. 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.

Performance Objective

Standard PWS

PRS # 1

Removal of oil/water mixture and sludge from OWS

Reperformance within 24 hours

PRS # 2

Emergency Service Call

Reperformance within 24 hours

PRS # 3

Reports

Reperformance within 24 hours

6. DELIVERABLE.

Brief Written Report

PWS, paragraph 4.6

7. TECHNICAL EXHIBIT LIST:

Technical Exhibit 1 – Estimated Workload Data

Technical Exhibit 2 – Base Map

Technical Exhibit 3 – Oil Water Separators List and Estimated Cleaning Schedule

8. CONTRACTOR MANPOWER REPORTING (CMR) REQUIREMENT.

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the dryer duct cleaning service via a 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 1through 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 2015. 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".

TECHNICAL EXHIBIT 1

ESTIMATED WORKLOAD DATA

at Osan AB

TECHNICAL EXHIBIT 2

BASE MAP

The base map will be provided to the contractor as an Acrobat PDF® file.

TECHNICAL EXHIBIT 3

OIL WATER SEPARATORS LIST / ESTIMATED CLEANING SCHEDULES

Month/Year Estimated Clean Freq/Yr

As required

As required

As required

As required

As required

As required

OW1

As required