Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

DUMPSTER SERVICE

US ARMY CORPS OF ENGINEERS

(GARRISON PROJECT/ LAKE SAKAKAWEA)

201 First Street

RIVERDALE, NORTH DAKOTA 58565

1.0 General Information.

1.1 Background. Safe and lawful removal of non-hazardous refuse is needed at several campgrounds, day use areas and offices. The Corps of Engineers requires dumpsters and removal of the dumpster contents at various locations in order to provide useable facilities for our customers.

1.2 Scope of Work. This is a non-personal services contract to provide Refuse Collection and Disposal services at U.S. Army Corps of Engineers, Garrison Project/Lake Sakakawea. Services include safe, and lawful removal and disposal of non-hazardous refuse from all areas identified in this PWS. 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. This is a fixed priced, performance based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: 01 May 2026 through 30 April 2027 Option Year 1: 01 May 2027 through 30 April 2028 Option Year 2: 01 May 2028 through 30 April 2029 Option Year 3: 01 May 2029 through 30 April 2030 Option Year 4: 01 May 2030 through 30 April 2031

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll.

1.4.1.1 The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the CO and the COR as a potential threat to health, safety, security, general well-being or operational mission of the facility and its population. List of dispatch personnel shall be made available in writing to the Government at the start of the contract.

1.4.1.2 All contractor personnel shall be fully clothed at all times, including enclosed shoes, while performing these services. Clothing shall be clean and neat in appearance.

1.4.1.3 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

1.4.1.4 The contractor shall make sure employees have valid driver license(s) before starting work under this contract and throughout the term of the contract.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work.

The contractor shall include the name(s), address(s), telephone number(s) and email(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will periodically evaluate the contractor’s performance under this contract using quality assurance procedures developed by the Government in accordance with Typical procedures might include periodic sampling, checklists and customer complaints. This should not be considered an exhaustive list. A primary objective of Government Quality Assurance will be to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Re-performance will take place within one (1) business day of the contractor being notified and the COR will be notified when service has been completed for inspection.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 8:30 a.m. and 5:30 p.m. Monday thru 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. Should a scheduled pick up time fall during these circumstances the contractor will provide services the following business day. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. List of State-approved sanitary landfills or disposal locations used for the contract.

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1- 1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials.

Specific security conditions may change based on threats to national defense and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.11.2 Key Control. N/A

1.12 Antiterrorism/Operation Security Requirements

1.12.1 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.12.1.1 For contractors who do not require Common Access Card (CAC), but require access to a DoD facility or installation. Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.12.2 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the COR no later than three (3) business days after the initial contract award.

1.13 Payment

1.13.1 The government will make payment monthly, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

Clean: As used generally, means free of all foreign matter, film, spots, streaks, dirt or impurities. As used for acceptance of work means gleaming, free from dirt, contamination, or impurities, unsoiled, unstained, neat and tidy.

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. The Government will provide the location for services to be provided. When services are not needed during seasonal facility closures the contractor may store equipment within project areas if the contractor deems it in their best interest at no cost to the Government.

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

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

4.2 Materials. The Contractor shall furnish all materials, supplies, and equipment necessary to meet the requirements under this PWS to include but not limited to sanitizers and parts for repair of equipment.

4.3 Equipment. The Contractor shall provide all sanitary containers, vehicles, etc. to meet the requirements under this PWS.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Refuse Collection and Disposal as defined in this Performance Work Statement (PWS). The work shall be performed at the Government owned facilities: Downstream Campground, Downstream Boat Ramp, Douglas Creek Campground, Government Bay Boat Ramp, Wolf Creek Campground, East Totten Trail Campground, Power Plant, Maintenance Shop and Administration Building.

5.2 Collection Requirements.

5.2.1 Refuse: Excess refuse beyond the normal quantity resulting from holidays or special events shall be disposed of at no additional cost to the Government. This should be accomplished with minimum interference to regular collection schedules. Refuse placed at collection stations outside of full containers within ten (10) feet shall be the contractor responsibility as part of normal pick up.

5.2.2 Bulk Items: There is a potential for bulk items to either be placed in the dumpsters or outside of them on limited occasion, to include washers, dryers, freezers, tires, or similar items. In the event these items are either placed in the dumpsters or left outside of them, the contractor shall be responsible for disposal. If the items are considered bulk items requiring an additional cost for removal, the contractor will be allowed to invoice accordingly, with the additional cost provided in the quote for bulk item removal. The quote sheet will list a quantity of three (3) bulk item pickups. If additional pickups are necessary, a modification will need to be issued to adjust the quantity. If the item does not require an additional cost and can be disposed of without interruption of the primary refuse service, no additional cost will be provided. If a separate trip is needed, no additional cost will be assessed to the Government. All bulk item determinations will be handled and verified by the contractor and Contracting Officer’s Representative (COR).

5.2.3 Inclement Weather Schedule: Refuse shall be collected during periods of inclement weather. In case of severe weather or area closure, the Contracting Officer or the Contracting Officer Representative (COR) may authorize exceptions. When exceptions are granted, all missed collections shall be performed within 24 hours after the severe weather or area closure has terminated, unless the Contracting Officer or the COR authorizes additional time. It is the contractor’s responsibility to notify

5.2.4 Maintaining Containers and the Collection Area: Containers shall be placed in their original location after servicing. Any spills, debris, etc., which may occur during servicing of containers shall be cleaned up. All refuse on the ground within ten (10) feet of the container, whether spilled by the contractor or placed there by visitors, shall be removed during collection. Debris such as, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers placed at collection stations shall be collected. Collection areas shall be free of refuse and debris.

5.2.5 Dumpster Type: The contractor shall furnish dumpsters equipped with plastic or rubber style lids.

Dumpsters shall be freshly painted when initially placed in use. All dumpsters shall be of the same color and must be approved by the COR. The contractor shall maintain the appearance and function of the dumpster. The contractor will not be required to repaint each dumpster more than once per year unless the dumpsters are damaged or disfigured by accidents, vandalism or age.

5.2.6 Disposal: The contractor shall transport and dispose of all refuse and debris collected during the performance of services, off Government property to a State-approved sanitary landfill or disposal point. The contractor shall bear all costs in connection with this work. The Contractor shall furnish a monthly receipt from a State-approved sanitary landfill for disposal of the refuse collected from areas serviced by this contract. The contractor shall comply will all Federal, State, and local laws, ordinances, statutes and regulations pertaining to the collection, transportation, and disposal of refuse and shall obtain such permits, licenses or other authorizations as may be required. The contractor shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

5.3 Sanitation Requirements

5.3.1 The interior and exterior of all refuse collection equipment shall be thoroughly cleaned, free of stains and odor. All trucks, including the bodies, used for hauling refuse shall be maintained in a clean, neat, odorless condition to prevent the propagation or attraction of vermin.

5.3.2 All containers shall be cleaned and sanitized at least one (1) time per year.

5.4 Items and Areas to be Serviced, Description:

5.4.1 DUMPSTER SERVICE OF CAMPGROUNDS AND DAY USE AREAS: All refuse will be removed from dumpsters once a week during the period of 15 May through 15 September.

5.4.1.1 Downstream Campground: Contractor shall furnish six (6) 4 cubic yard dumpsters and one (1) 8 cubic yard dumpster withing this recreation area, the removal of contents every week, Monday – Wednesday as coordinated with the COR. Containers shall remain in their current locations and be placed on existing concrete pads, graveled areas or on the asphalt as follows:

- Fill and Dump Station – One (1) 4 cubic yard - across from the dump island.

- Loop 1 – Two (2) 4 cubic yard - in the triangle area just after the entrance to Loop 1and near the access road to the comfort station

- Loop 2 – Two (2) 4 cubic yard - in the overflow parking area just after the entrance to Loop 2 and near the access road to the comfort station.

- Loop 3 – One (1) 8 cubic yard - on the graveled area in the overflow parking area just after the entrance to Loop 3.

- Loop 4 – One (1) 4 Cubic yard - near the vault toilet.

5.4.1.2 Downstream Boat Ramp: Contractor shall furnish one (1) 4 cubic yard dumpster and the removal of contents once a week as coordinated with the COR. Container shall remain in its current location on the asphalt parking lot near the vault toilet.

5.4.1.3 Government Bay Boat Ramp: Contractor shall furnish one (1) 4 cubic yard dumpster and the removal of contents once a week as coordinated with the COR. Container shall remain in its current location on the concrete pad near the vault toilet.

5.4.1.4 Wolf Creek Campground: Contractor shall furnish six (6) 4 cubic yard dumpsters and the removal of contents once a week. Container shall remain in their current locations on the concrete pads or in the graveled parking lots as follows:

- Boat ramp area – one (1) 4 cubic yard - on the graveled parking lot near the vault toilet.

- East Campground Area – three (3) 4 cubic yard - in the graveled overflow parking lot on the east end across from Sites 11-15, on concrete pad near east vault toilet, on gravel area near playground vault toilet.

- West Campground Area – two (2) 4 cubic yard – on the concrete pad near vault toilet near sites 50-59, on concrete near sites 61-66 across road from small vault toilet.

5.4.1.5 East Totten Trail Campground and Boat Ramp: Contractor shall furnish two (2) 4 cubic yard dumpsters and one (1) 8 cubic yard dumpster and the removal of contents once a week as coordinated with the COR.

Containers shall remain in their current locations as follows:

- Boat Ramp – one (1) 4 cubic yard - on concrete pad next to the vault toilet.

- Main Campground – one (1) 8 cubic yard - on the asphalt on the southwest corner of the parking lot at the entrance to the campground prior to entering the gate.

- Pike Loop/ Primitive Camping Area – One (1) 4 cubic yard - on the graveled parking area near the vault toilet.

5.4.1.6 Douglas Creek Campground: Contractor shall furnish two (2) 4 cubic yard dumpsters and the removal of contents once a week as coordinated with the COR. Containers shall remain in their current locations as follows:

-South Camp Area – one (1) 4 cubic yard – placed on the North West corner of the parking lot across (West) from the vault toilet -North Camp Area – one (1) 4 cubic yard – placed North of the vault toilet on the West side of the road, near the middle of the camping area.

5.4.2 Dumpster Service of Government Buildings: All refuse will be removed from dumpsters once a week during the period of 1 May through 30 April as coordinated with the COR.

5.4.2.1 Garrison Power Plant: Contractor shall furnish two (2) 4 cubic yard dumpsters and removal of contents once a week as coordinated with the COR. Containers shall remain in the current locations on the concrete sidewalk near the metal storage building.

5.4.2.2. Maintenance Shop: Contractor shall furnish one (1) 4 cubic yard dumpster and removal of contents once a week as coordinated with the COR. Container shall remain in the current location inside the perimeter fence on the south side of the main maintenance shop along the West fence.

5.4.2.3 Administration Building: Contractor shall furnish one (1) 4 cubic yard dumpster and removal of contents once a week as coordinated with the COR. Container shall remain in the current location on the asphalt driveway leading to the south west side of the building.

5.4.2.4 Roll Off Service:

6.0 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

Performance Standard Performance Threshold

Method of Assessment

PRS #1

Refuse Collection

Service areas free of litter, trash and foreign matter in accordance with PWS.

No more than one (1) error for the month

Periodic Sample, Validated Customer Complaint, Random Inspection

PRS #2

Disposal

Disposal at approved landfill in accordance with the PWS.

No more than zero (0) errors for the month

Periodic Sample, Validated Customer Complaint, Random Inspection

PRS #3

Wash Vehicles and Dumpsters

Containers and Equipment free of odor, with application of disinfectant in accordance with the

PWS.

No more than two (2) errors for the year

Periodic Sample, Validated Customer Complaint, Random Inspection

7.0 Attachments

Area maps with dumpster placement