Schenck_Trash.pdf

AG-82A7-S-15-0015- Schenck Garbage/Trash Collection Service Page 1 of 39

TABLE OF CONTENTS

PART CONTENTS PAGE

I Schedule - Pricing 2-4

II CONTRACT CLAUSES 5-14

FAR 52.212-4, Contract Terms and Conditions -

Commercial Items

FAR 52.212-5, Contract Terms and Conditions Required to

Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 15-22

Scope of Work / Performance Work Statement

Attachments

IV SOLICITATION PROVISIONS AND

QUOTE SUBMISSION INSTRUCTONS 23-39

(This section will be removed at time of award)

NOTE: This acquisition utilizes Simplified Acquisition procedures. (insert if SAP)

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CONTINUATION OF STANDARD FORM 1449

1. Continuation of Blocks 19 through 24 (Schedule of Services):

Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein); and plan, schedule, and coordinate as necessary to ensure effective performance of all services as specified herein. The Contractor shall be fully responsible for providing Trash and Recycling Removal Services as indicated herein for the location listed below:

Schenck Job Corps Center

98 Schenck Drive

Pisgah Forest, NC 28768

ESTIMATED QUANTITIES – The quantities listed below are the Government’s best estimates based upon past experience. The Contractor will be paid based upon the actual work performed pursuant to the Performance

Work Statement.

Prices for all years shall be based on the Wage Determination in Exhibit 1. The Contractor shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43, Fair Labor

Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the Performance Work Statement (PWS) for the amounts agreed to below, excluding Federal holidays. Provision of services must comply with PWS requirements and performance schedules shall be agreed to through coordination with Center personnel.

SCHEDULE OF SERVICES

19.

ITEM

NO.

20.

SCHEDULE OF

SERVICES

21.

ESTIM

ATED

QUANT

ITY

22.

UNIT

23.

UNIT

PRICE

24.

TOTAL AMT

BASE YEAR SERVICES

001 Waste Removal Services

A. Trash Removal Service –

Twice Weekly - Five (5) 8-yard Waste Containers

12 MO

B. Recycling Removal Service –

Weekly - Two (2) 8-yard

Recycle Containers

Base Year Total: $

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NO.

20.

SCHEDULE OF

SERVICES

21.

ESTIM

ATED

QUANT

ITY

22.

UNIT

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION YEAR ONE SERVICES

101 Waste Removal Services

A. Trash Removal Service –

Twice Weekly - Five (5) 8-

Option Year One (1) Total: $

NO.

20.

SCHEDULE OF

SERVICES

21.

ESTIM

ATED

QUANT

ITY

22.

UNIT

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION YEAR TWO SERVICES

201 Waste Removal Services

A. Trash Removal Service –

Twice Weekly - Five (5) 8-

Option Year Two (2) Total: $

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NO.

20.

SCHEDULE OF

SERVICES

21.

ESTIM

ATED

QUANT

ITY

22.

UNIT

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION YEAR THREE SERVICES

301 Waste Removal Services

A. Trash Removal Service –

Twice Weekly - Five (5) 8-

Option Year Three (3) Total: $

NO.

20.

SCHEDULE OF

SERVICES

21.

ESTIM

ATED

QUANT

ITY

22.

UNIT

23.

UNIT

PRICE

24.

TOTAL AMT

OPTION YEAR FOUR SERVICES

401 Waste Removal Services

A. Trash Removal Service –

Twice Weekly - Five (5) 8-

12 MO $

Option Year Four (4) Total:

TOTAL BASE AND ALL OPTIONS: $

* This total amount for this portion will be listed as a Not-To-Exceed Value, based the amount proposed by contractor, and the Center’s estimated needs, and total amount may increase/decrease over the Period of

Performance.

MO – Monthly Costs – this includes all monthly costs.

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PART II – CONTRACT CLAUSES

2.1 52.212-4 -- Contract Terms and Conditions -- Commercial Items (MAY 2014)

2.2 FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

AGAR 452.204-71 Personal Identity Verification of Contractor Personnel Oct 2007

452.215-73 Post Award Conference Nov 1996

452.224-70 Confidentiality of Information Feb 1988

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.228-5 Insurance -- Work on a Government Installation Jan 1997

2.3 AGAR 452.228-71 Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the

United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the

Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

2.4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contract Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

AG-82A7-S-15-0015- Schenck Garbage/Trash Collection Service Page 6 of 39 shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

2.5 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting

Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

2.6 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s

Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

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2.7 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

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_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section

743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

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_X__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

_X__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order

13658).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

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(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order

13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

2.8 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract as a direct result of this Request for Quote

(RFQ).

2.9 FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within thirty (30) days of Period of Performance End Date

(End of Clause)

2.10 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty

(30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

5 years and 6 months.

(End of Clause)

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2.11 FAR 52.222-99 - ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION

2014-0001) (October 2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February

12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President’s Executive Order

Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of

Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive

Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the

Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor

Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

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PART III – Contract Documents, Exhibits, and Attachments

PERFORMANCE WORK STATEMENT

Schenck Job Corps Center (SCCC)

3.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The

Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title

I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

3.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job

Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 28 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

3.3 PURPOSE

The primary purpose is to provide all supervision, supplies, labor, and equipment to collect and dispose of garbage and recycle materials at the Schenck Job Corps Center. The Contractor shall furnish, maintain, and replace, when deemed necessary by the Government, all equipment to provide waste collection service as specified in this scope of work. No mileage or compensation will be allowed for travel to and from the Schenck

Corps Civilian Conservation Center.

3.4 PLACE OF PERFORMANCE

Schenck Job Corps Civilian Conservation Center

98 Schenck Drive

Pisgah Forest, NC 28768

Normal operational hours are from 8:00 am to 4:00 PM Eastern Time, Monday through Friday.

No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Federal Holidays, or Government directed facility closings.

3.5 DESCRIPTION OF SERVICES

The contractor shall perform Trash pick-up, twice weekly for the Schenck Job Corps, 98 Schenck Drive, Pisgah

Forest, NC 28768. Basic collection will include the following:

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Supply Collection

One (1) 8-Yard Trash Container – Twice Weekly

One (1) 8-Yard Recycle Container – Once Weekly

Gym Collection

Two (2) 8-Yard Trash Containers – Twice Weekly

Dining Hall

Two (2) 8-Yard Trash Containers – Twice Weekly

One (1) 8-Yard Recycle Container – Once Weekly

Basic collection will include: refuse collection, transportation and disposal services for the Schenck Job Corps

Center, in accordance with all applicable laws, regulations, standards, instructions, and commercial practices as described in this Performance Work Statement (PWS) with focus on safety, sanitation and customer service. The contractor is encouraged and expected to use innovative approaches to effectively and efficiently accomplish this

PWS in a timely manner at a reasonable cost, and in a way that fosters pride and ownership in the way the work is performed.

Contractor shall provide refuse collection services to the government with the contractor’s owned and clearly marked containers. Containers shall be returned to the appropriate locations or site in an upright position with lids/side doors closed. Containers shall be kept in a clean and sanitary condition as part of the collection and disposal cost.

The Contractor shall furnish all the necessary supervision, management, personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS).

3.6 METHOD OF MEASUREMENT

3.6.1 Scheduled Trips - The number of trips made by the contractor will be paid for at the contract unit price per trip.

3.6.2 Special Trips – Requested on-call solid waste collections will be paid for at the contract unit price for the number of garbage containers unloaded and the number of hours taken by contractor to come out to the Schenck Job Corps Center, Dump the waste and return to Schenck Job Corps

Center.

3.7 TASKS

3.7.1 Disposal

3.7.1.1 The contractor shall dispose of all refuse at a State Licensed Sanitary Landfill facility, licensed to accept municipal waste and recycling. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for obtaining permits and paying fees associated with the disposal.

3.7.1.2 Prior to start of work, the contractor shall submit a certified statement of available disposal facilities for his/her use during the period of this contract. A certified statement shall also be provided prior to the use of any new facility the contractor may propose using during contract performance. The certified statement shall specify the legal and identification name of the facility, location of the facility, identification of the legal entity responsible for its operation, AG-82A7-S-15-0015- Schenck Garbage/Trash Collection Service Page 17 of 39 and identification of the documents or certificates specifically stating compliance of the facility with all applicable laws and regulations.

3.7.2 Special Trips: As requested services shall be filled within three (3) business day after request from center, which may come from telephone call, or other means, unless Contractor establishes another time frame agreed to by the Center personnel.

3.7.3 Site Clean-Up: The contractor shall be responsible for cleaning up any spills, which may occur during servicing of refuse containers. The container area shall be cleaned of all spilled material prior to leaving the collection site.

3.7.4 Center Regulations: The Contractor shall be responsible for complying with the Center regulations in regards to posted speed limits, flow of traffic and other established rules.

3.7.5 Performance Evaluation Meetings: The Contract Manager (CM) may be required to meet with the COR and the CO during the first month of the contract or if the need arises due to repetitive complaints. Meetings will be as often as necessary thereafter as determined by the COR.

3.7.6 Environmental Compliance:

3.7.7.1 Compliance with Laws and Regulations. The contractor shall be knowledgeable of and comply with all applicable Federal, State, and local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations/requirements change during the term of this contract, the contractor shall comply with such laws/regulations as changed. If there is an increase or decrease in cost as a result of the change, the contractor shall immediately inform the CO, for possible modification of the contract. If nothing is submitted to the CO, within 30 days of the new requirement becoming law, it will be assumed that the contractor shall provide the extra service at no additional cost to the Government.

3.7.7.2 Notification of Environmental Spills. If the contractor spills or releases any substance into the environment, the contractor shall immediately report the incident to the COR. The contractor shall be held liable for the spill or release of such substances. The contractor is responsible for advising his or her employees of all Environmental and Hazardous Materials

Handling and is also required to have and maintain Material Safety Data Sheets (MSDS) on all materials that are required by State and Federal Laws and/or Regulations (reference OSHA requirements).

3.7.8 Quality Control Plan: The contractor shall develop and maintain a quality control program to ensure continuous, cost effective, and efficient collection and disposal of refuse and recycling is performed in accordance with commonly accepted commercial practices. The contractor shall establish and maintain a complete Quality Control Plan (QCP) to ensure the requirements of the contract are provided as specified. The QCP must be provided to the CO, for approval, within five (5) working days after notification of award. Changes to the approved QCP must also be submitted to the CO prior to use.

3.7.8.1 QCP Documentation. Documentation of quality inspections and corrective or preventive actions taken 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.

3.7.9 Weight Slips: The contractor must be capable of providing monthly weigh slips with each invoice. The weight slips are required so the Schenck Job Corps Center can accurately report its

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Carbon Footprint, in attempts to reduce their waste output on Center. The weigh slips are required to be submitted with each monthly invoice. If the weigh slips are not provided, the invoice will be rejected.

3.8 GENERAL

3.8.1 Quality Standards: Vehicles, Equipment/Tools, and Materials/Supplies. The government may inspect the contractor’s equipment or containers at any time and direct the removal of any items not meeting specifications. Items failing to meet the required standards shall be replaced by the contractor at their own expense. At a minimum, the contractor shall meet all safety, collection equipment and collection management requirements given or referenced in 40 CFR, Part 243, Subpart B.

3.8.2 Quality Assurance: The government will evaluate the contractor’s performance by appointing a

Contracting Officers Representative (COR) to monitor performance to ensure services are received. The COR will evaluate the contractor’s performance through weekly on-site inspections conducted at 7:30am every Friday (or every Friday before the containers are purged)of the contractor’s quality control program and receipt of complaints from government personnel, civilians and or the students accessing the location sites of the containers. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

Likewise, the government may decrease the number of quality control inspections if performance dictates. The government will also receive and investigate complaints from customers using the sties, the COR shall determine the validity of customer complaint(s) and the government will notify the contractor accordingly.

3.8.3 Contractor-Furnished Vehicles: The contractor shall provide and maintain all vehicles necessary to perform the requirements of this contract. Contractor vehicles shall have the company name and phone number prominently displayed on both sides of the vehicle and shall be maintained clean to present a neat, professional appearance. The contractor shall ensure sufficient vehicles are dedicated to the performance of all requirements of this Performance Work

Statement, as vehicle breakdown will not be an acceptable excuse for non-performance. Each vehicle shall also have a unique vehicle identification number.

3.8.3.1. All vehicles used in the performance of this contract shall be in operable condition and meet the local, state, and federal safety requirements. Vehicles found to be unsafe and unable to function as designed, shall be removed from performance and replaced at contractor expense. The government may inspect the contractor’s vehicles at any time and direct the removal of any unsafe or objectionable vehicle from performance.

3.8.3.2. All vehicles shall be registered, insured, and operated in accordance with state traffic regulations by a properly licensed driver.

3.9 CONTRACTOR PERSONNEL

3.9.1 Contractor Point of Contact (POC): The contractor shall provide the CO and COR with telephone number(s) where service calls and complaints can be reported. The contractor shall also provide the names and phone/pager numbers of contractor POCs for after business hours including nights, weekends, and holidays. This information will be kept updated by the contractor whenever personnel changes occur.

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3.9.2 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. Prior to start of the contract, the name of this person and an alternate(s) who can act for the contractor when the manager is absent shall be designated in writing to the CO.

The contract manager or alternate shall be available within 1 hour during normal government duty hours Monday through Friday (8:00 a.m. – 4:00 p.m. MST) to meet with Government personnel designated by the COR to discuss problem areas. After normal government duty hours, the contract manager or alternate shall be available within 2 hours to meet with Government personnel. Meetings may be telephone or teleconference.

The contract manager and alternate(s) shall be able to read, write, speak, and understand English.

3.9.3 Employees: Contractor personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that contain the company name and employee name.

3.9.4 Only qualified operators: shall be permitted to operate the vehicles or equipment under this contract. Truck drivers shall possess a valid driver’s license with a CDL rating and be thoroughly acquainted with and comply with traffic regulations. The contractor shall submit the name and proof of qualifications to the CO prior to start of work.

3.9.5 The contractor shall not employ any person who is an employee of the United States Government, if employing that person would create a conflict of interest.

3.10 HOURS OF OPERATION

Collection Schedule: Trash Collections are to be made on a twice weekly basis. Additional or alternative days may be requested upon verbal request by the Center based on levels of waste disposal containers located on the

Center. If a scheduled collection day falls on a federal holiday, collections will be made the day before or after the holiday. Collections will be limited to between the hours of 6:00 AM and 4:00 PM EST. If for any reason the collection cannot be made, the COR will be notified immediately.

Waste collection services shall not be performed on the following Government holidays, and shall be performed on the next business day:

New Year’s Day

Memorial Day

Independence Day

Labor Day Day

Thanksgiving Day

Christmas Day

3.11 MATERIALS & EQUIPMENT

3.11.1 Containers: The contractor shall provide all bulk containers, necessary to perform this contract.

The current location, quantity and size of existing containers are reflected in the Schedule of Items, of this

Performance Work Statement. Contractor personnel shall place bulk containers, at each location identified in the Schedule of Items. The containers shall have no rust, peeling, flaking or discolored paint.

Animal resistant containers are required at sit, and must include at least doors that prevent animal entry when closed. The contractor shall ensure containers are emptied prior to exceeding their capacity.

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All bulk containers which are mounted on wheels must have a positive braking/locking device to prevent inadvertent movement.

3.11.2 Container Maintenance: Maintenance shall be performed as required to maintain dumpster integrity, and to ensure they are free of odors, dirt, debris, and pests. The contractor shall be responsible for maintaining the appearance and sanitary conditions of the containers, also for keeping the containers in a good, safe, operable condition throughout the period of this contract. The maintenance should ensure that the lids, hinges and locking devices, etc. are safe and in good working order.

Any maintenance or cleaning of containers will be done in a way that does not disturb, pollute or damage the surrounding area, to include all sites; and in accordance with local, state and federal regulations.

3.11.3. Replacement Containers: The contractor shall furnish replacement containers for all containers removed for maintenance and/or cleaning to insure that sites have adequate refuse/recylcing containers.

3.11.4 Change in Number of Containers: The Government reserves the right to require the contractor to adjust the number of containers to ensure optimal usage of the system. Such action will be determined by the volume of actual usage of a container at any one location. The government also reserves the right to add or subtract locations. The number of locations may be slightly increased or decreased in the out years. If the Government exercises its right to increase or decrease the total number of containers in each site as listed above, the service trip price will be changed to reflect the increase or decrease in effort by the contractor. A shift of bins from one site to another will not result in an adjustment of the service trip price.

Any service trip price change will be computed as follows: The service trip price will be divided by the original number of containers included in the service trip price bid to determine the dollar value of one container. That dollar value will be multiplied by the number of containers increased or decreased and then added to or subtracted from the service trip price bid to determine the service trip price for that trip.

Example: Site A

3 bins

Service Trip bid price ($125.00)

$125.00 divided by 3 = $41.67

If two additional bins were added to Site A, an $83.34 (2 x $41.67) increase in bid price would be allowed for that trip.

3.12 GOVERNMENT FURNISHED PROPERTY

No Government furnished property. The contractor shall furnish everything needed to perform the work requirements as stated in this Performance Work Statement.

3.13 INVOICES

An itemized invoice shall be submitted bi-weekly/monthly or upon expiration of the Contract (whichever occurs first), for all products provided during the bi-weekly/monthly billing period, and for which payment has not been received. These invoices shall be submitted in accordance with Section 3.19 below. Any failure on the part of the contractor to submit a proper invoice shall result in the rejection of the submitted invoice and delays in the payment being received to the contractor.

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3.14 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements.

The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the Contractor in…