PWS - Attachment 3.pdf

PERFORMANCE WORK STATEMENT (PWS)

BASE KODIAK RECYCLING SERVICES

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

BASE KODIAK

PERFORMANCE WORK STATEMENT

Base Kodiak Recycling Services

1. GENERAL

This is a nonpersonal services contract to provide Recycling Services for United States Coast Guard (USCG) Base Kodiak, located in Kodiak, Alaska, in accordance with (IAW) federal, state, and local laws. The Government shall not exercise any supervision or control over Contractor personnel performing the services herein. Contractor personnel shall be the responsibility of the Contractor. The specific performance requirements and activities of the contract are described in this PWS.

1.1. BACKGROUND

Base Kodiak is situated on Kodiak Island, Alaska: the second-largest island in the United States. The island is remote, mountainous, and contains temperate rainforests. Two-thirds of the island is part of the Kodiak National Wildlife Refuge, which provides protection for the native species, salmon spawning grounds, and migratory birds and their nests.

Base Kodiak is one of the largest USCG bases, encompassing over 24,000 acres of land.

The base supports and houses multiple tenant commands consisting of over 3,500 military personnel, federal employees, and their families.

Without a recycling program for Base Kodiak, recyclable materials would accumulate at the landfill as solid waste, drive up the demand for raw materials, and never be repurposed for future use. Equally, recycling programs help to reduce pollution and to conserve resources and the environment.

USCG Base Kodiak is committed to protecting the natural environment through sustainable business practices, from conserving wildlife and resources to safeguarding our coastal waterways from pollution: without reducing capabilities or safety practices in support of our missions.

1.2. SCOPE

The Contractor shall provide all personnel, labor, supervision, facilities, transportation, tools, equipment, materials, and other items necessary to perform Recycling Services for USCG Base Kodiak, except for those items specified as Government-furnished equipment or services. Recycling Services include receiving, accepting, sorting, processing, weighing, treating, recording required information, vehicle towing, preparing for transport, transporting, resale on the recyclable market, and recycling of recyclable materials generated by Base Kodiak.

Recyclable materials under this contract consist of, but are not limited to, the following:

(a) Scrap metals (i.e., ferrous metals, non-ferrous metals, and used appliances);

(b) Electronics and e-waste;

(c) Used tires;

(d) Cardboard, paper, and plastics (i.e., cardboard, mixed paper, newspaper, office paper, paperboard, magazines, catalogs, #1 PETE plastics, and #2 HDPE plastics);

(e) Abandoned vehicles.

1.3. PERIOD OF PERFORMANCE (POP)

The period of performance (POP) shall be for one Base Year of 12 months and, if exercised, four Option Years of 12 months. The period of performance is as follows:

Base Year 01 March 2024 through 28 February 2025

Option Year #1 01 March 2025 through 28 February 2026

Option Year #2 01 March 2026 through 28 February 2027

Option Year #3 01 March 2027 through 29 February 2028

Option Year #4 01 March 2028 through 28 February 2029

1.4. CONTRACT TYPE

The Government will award an Indefinite-Quantity Contract.

1.5. CONTRACT AWARD

The Government may elect to award a single delivery/task order contract OR multiple delivery/task order contracts for the same or similar services to two or more sources under the solicitation, as per Federal Acquisition Regulation (FAR) 52.216-27.

Additionally, the Government may undertake, award, or retain other contracts for additional work of any nature, and the Contractor shall fully cooperate with other such contractors and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or with the proper execution of Government business.

1.6. HOURS OF OPERATION

The Contractor shall operate its local site for the services required under this contract between the hours of 0800-1600, Monday through Friday, excluding Federal holidays or when USCG Base Kodiak is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. The Contractor shall request and obtain approval from the Contracting Officer’s Representative (COR) if a deviation in the Hours of Operation is necessary.

1.7. KEY PERSONNEL

The following persons are considered by the Government to be key in the execution of the contract.

1.7.1. CONTRACTING OFFICER (KO)

The KO is a Government-designated person with the legal authority to enter into, administer, modify, terminate, and make determinations for the contract on behalf of the Government.

1.7.2. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is a Government-designated person who is appointed by the KO. The COR ensures technical aspects of the contract are met, performs surveillance for contract compliance, and assists the KO in the administration of the contract. The COR of this contract will be nominated by a letter of memorandum by the KO, which states the duties and limitations of the COR under this contract.

1.7.3. CONTRACTOR’S REPRESENTATIVE

The Contractor shall provide a representative who shall be responsible for the performance of the work. This individual shall be able to read, write, speak, and understand the English language. This individual shall be available during the Hours of Operation to meet with the Government, discuss problem areas, and answer inquiries as needed. Additionally, this representative shall have full authority by the Contractor to act on all matters relating to the daily operations of this contract.

1.8. POST-AWARD MEETINGS

The Contractor agrees to attend any post-award conference convened by the contracting activity IAW FAR Subpart 42.5. The KO, COR, or any other USCG-designated personnel may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the COR will apprise the Contractor of how the Government views the Contractor’s performance, and the Contractor will apprise the Government of problems, if any, being experienced under the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1. PERIODIC PROGRESS MEETINGS

The Government may elect to meet with the Contractor at least weekly during the first month after contract award. Thereafter, meetings will occur as often as necessary, as determined by the COR.

1.9. FEES AND ESTIMATED QUANTITIES

The unit prices/costs covered in this contract must include but are not limited to, all expenses for recycling services, labor, supervision, supplies, and overhead/profit.

Moreover, the estimated quantities outlined in Attachment #1 - Schedule of Services and Unit Prices are based on the best information available to the Government at the time of contract issuance (see Technical Exhibit B: Historical Data for Recycling Services). The Government does not guarantee these estimated quantities, and the payment made to the Contractor will be made for the actual quantity of materials or services provided each month.

1.10. COMPLIANCE WITH APPLICABLE LAWS

This contract is subject to, and in performing the work under this agreement the Contractor shall abide by and comply with, all relevant statutes, ordinances, laws, and regulations of the United States (including Executive Orders of the President) and any State (or other public authority, now or hereafter in force), and agrees to observe and comply with all applicable State and Federal requirements as to Social Security, Worker’s Compensation and Unemployment, and other matters concerning employment applicable to contract work.

The Contractor shall also abide by and comply with such rules, regulations, directions, and orders not inconsistent herein as they may be issued by the Government.

1.11. SAFETY

The Contractor shall conduct all work in a safe manner and comply with all applicable federal, state, and local safety standards and laws. The Government reserves the right to inspect the Contractor’s worksite for compliance with safety standards and requirements.

1.12. STOP-WORK ORDERS

The Contractor shall cease all work upon Government-issuance of a Stop-Work Order.

Work may resume after the KO has issued a Notice to Proceed. The Government will not allow time extensions or payments for excess costs caused by Stop-Work Orders resulting from safety violations or hazards.

1.13. QUALITY ASSURANCE AND CONTROL

The Contractor’s performance and work quality will be measured and inspected IAW PWS § 7.

1.13.1. QUALITY CONTROL

The Contractor shall maintain quality control throughout the life of the contract. In effect, the Contractor shall develop and maintain a plan (IAW PWS § 4.2.) to analyze, prevent, and correct unsatisfactory performance to assure contract compliance.

The Contractor shall be responsible for ensuring work performance meets the terms of the contract. Failure to perform work IAW performance standards may result in payment deductions or a requirement for rework.

1.13.2. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

(QASP)

The Government has developed a QASP that is independent and managed solely by the Government. The QASP is separate and not a substitute for the Contractor’s Quality Control Plan (QCP).

The QASP is the Government’s written plan for administering the contract and monitoring major aspects of the Contractor's performance. The QASP is not part of the contract. It is provided to the Contractor solely for informational purposes and is subject to change, without notice, at any time during the POP. Therefore, the Government reserves the right to perform more or less surveillance than is provided in the QASP.

To facilitate the Government’s QASP, the COR will verify Contractor compliance with designated performance requirements. All findings of unsatisfactory or unperformed work will be remedied IAW the contract, and the PWS and its PRS.

2. DEFINITIONS

For the purpose of this PWS, the following terms are defined below.

ACCEPT [RECYCLABLES]. To affirmatively receive materials, evidenced by the execution of a delivery ticket.

ALTERNATE FACILITY. A Contractor-operated or subcontractor-operated site or facility other than the Contractor’s local site.

BASE OPERATIONS AND SUPPORT SERVICES (BOSS) CONTRACTOR. A Contractor that provides support services to a military installation under a “BOSS contract” with the Government.

CONTRACTING OFFICER (KO). A Government-designated person with the legal authority to enter into, administer, modify, terminate, and make determinations for the contract on behalf of the Government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR). A Government-designated person who is appointed by the KO and assists the KO in the administration of the contract.

CONTRACTOR or PRIME. The prime supplier or vendor awarded this contract to provide recycling services.

CONTRACTOR’S KODIAK or LOCAL SITE. A site or facility that is accessible by road within 15 miles of Base Kodiak’s main gate.

CONTRACTOR’S REPRESENTATIVE. A Contractor-designated person that is responsible for the performance of the work and has the authority to act on behalf of the Contractor in all matters relating to the daily operations of the contract.

DELIVERABLE. A tangible item, asset, document, or report that can be delivered.

DELIVERY TICKET. A written or typed receipt that records the information necessary to verify services for payment.

PROCESS [RECYCLABLES]. The operation of treating, preparing for transport, preparing for recycling, and recycling materials.

RECYCLE. A means by which materials are used or reused, without first being reclaimed or land-disposed: as ingredients in an industrial process to make a product, as effective substitutes for commercial products, or if returned to the original process from which they were generated.

Recycling must not be done in a way that constitutes disposal per 40 CFR 261.2(c).

RECYCLABLE MATERIALS. Materials that can be recycled such as, but are not limited to, scrap metals, electronics, e-waste, used tires, cardboard, paper products, plastics, and abandoned vehicles.

RECYCLING SERVICES. The operation of receiving, accepting, sorting, processing, weighing, treating, recording required information, vehicle towing, preparing for transport, transporting, resale on the recyclable market, and recycling materials.

SOLID WASTE. Any discarded material that is described in 40 CFR 261.2, and not excluded under 40 CFR §§ 261.4(a), 260.30, 260.31, or 260.34.

SORT [RECYCLABLES]. The operation of separating materials by kind, classification, or group.

SUBCONTRACTOR. A supplier or vendor who enters into a contract with the prime Contractor.

SURVEILLANCE or SAMPLING or INSPECTION. A method used by the Government to analyze and monitor quality assurance. For the purposes of the contract, the words surveillance, sampling, and inspection are synonymous.

TOW. The act in which a vehicle is picked up, retrieved, removed, hauled, transported, and relocated.

QUALITY ASSURANCE. Procedures used to verify that the Contractor’s performance meets contract requirements.

QUALITY CONTROL. Measures taken by the Contractor to assure that the quality of the services meet contract requirements.

3. DETAILED TASKS

The specific services and tasks required by this contract are detailed below.

3.1. DELIVERY OF MATERIALS

The recyclable materials generated by Base Kodiak will be delivered to the Contractor’s Kodiak site by the Base Kodiak BOSS contractor at the Government’s expense, except as required by PWS § 3.6. The trucks and drivers making the deliveries to the Contractor’s local site will meet Kodiak Borough Code and state requirements.

3.1.1. DELIVERY ACCESSIBILITY

The Contractor shall make their local site accessible to and by the BOSS’s delivery trucks, including a maintained paved or gravel road and entrance to the site.

Deliveries from USCG Base Kodiak will be made to the Contractor’s Kodiak site only.

If the Contractor does not have a local site to accept recyclable material deliveries at the time that the bid proposal is made, the Contractor shall establish a suitable site (IAW applicable federal, state, and local laws) in Kodiak on or before commencement of the contract POP.

3.2. ACCEPTANCE OF MATERIALS

The Contractor shall accept scheduled or unscheduled recyclable deliveries made during the Hours of Operation by the BOSS contractor. Acceptance of materials will be evidenced by the Contractor’s execution of a delivery ticket.

3.3. SORTING OF MATERIALS

The Contractor shall sort recyclable materials generated by Base Kodiak, including the removal of any materials deemed non-recyclable either by the nature of the material(s) or by recycling industry standards.

Sorting may be performed at the Contractor’s local site or shipped, at the Contractor’s expense, to an alternate facility to perform these services.

3.3.1. NON-RECYCLABLE SOLID WASTE

All non-recyclable solid waste recovered from the sorting operations at the Contractor’s Kodiak site may be disposed of in Government-provided dumpsters at the Contractor’s site, and then retrieved and delivered to the landfill by the USCG BOSS contractor. Government-provided dumpsters are restricted to USCG-generated waste only. The Contractor using or allowing the unrestricted use of Government-provided dumpsters for any purpose other than to collect Base Kodiak-generated waste will result in contract non-compliance. The Government will be responsible for landfill disposal fees of solid waste generated by Base Kodiak that is recovered at the Contractor’s local site in Government-provided dumpsters only.

If the Contractor elects to perform sorting at an alternate facility, the Government will not provide the Contractor with solid waste dumpsters and will not be responsible for the disposal or any fees associated with the disposal of solid waste that is recovered at an alternate facility. Similarly, if the Contractor elects not to use Government-provided dumpsters at their local site, the Government will not be responsible for the disposal of, or any fees associated with the disposal of, solid waste materials recovered during sorting or processing operations.

3.3.2. NON-FERROUS METALS

The Government reserves the right to withhold non-ferrous scrap metals (e.g., aluminum, copper, and bronze) from this contract to be sold as a commodity, when regulations and policy allow, for Government profit.

3.4. PROCESSING OF MATERIALS

The Contractor shall process recyclable materials generated by Base Kodiak. Recycling must not be done in a way that constitutes disposal per 40 CFR 261.2(c).

Processing may be performed at the Contractor’s local site or shipped, at the Contractor’s expense, to an alternate facility to perform these services.

3.4.1. ELECTRONICS AND E-WASTE

The Contractor shall process electronics and e-waste IAW current R2 Standards set by Sustainable Electronics Recycling International (SERI).

The Contractor, or the operator of the alternate facility who processes the electronic equipment, shall obtain and maintain SERI R2 Certification (current version) to process electronics and e-waste generated by Base Kodiak.

3.5. WEIGHING OF MATERIALS AND RECORDING OF INFORMATION

The Contractor shall weigh materials (CLINs X0001AA-X0001AF) generated by Base Kodiak on a certified scale. The Contractor’s Weigh Master shall record the net weights on the delivery tickets.

3.5.1. DETERMINING NET WEIGHTS

The Contractor may determine the net weight of the recyclable materials either by weighing the truck loaded and weighing again when emptied for each delivery made OR by weighing the raw materials for each delivery made. Net weights must not include any tare or gross weight.

3.5.2. RECORDS

The Contractor shall record pertinent information on a delivery ticket for each delivery

IAW PWS § 4.6.

The delivery tickets shall be the Contractor’s written proof of services covered under this contract, and for this reason, the Contractor shall retain copies of delivery tickets for their records IAW this contract.

3.6. TOWING OF ABANDONED VEHICLES

The Government may elect for the Contractor to tow abandoned vehicles as needed, versus delivery from the USCG BOSS contractor, from USCG Base Kodiak. The tow service(s) may be scheduled at a day and time within the Hours of Operation that is acceptable to both the Government and Contractor, but the Contractor shall complete the tow services no later than (NLT) 14 calendar days from the day of the Government’s initial request.

3.6.1. CONTRACTOR TOW VEHICLE(S) AND OPERATOR(S)

The Contractor shall have the appropriate, road-worthy, state-legal vehicle(s) to tow abandoned vehicles from Base Kodiak to process for recycling. Accordingly, the tow operator(s) shall be licensed and endorsed by the State of Alaska to operate the vehicle(s) necessary to perform this task, as required by law.

3.6.2. BASE KODIAK ACCESS

Contractor personnel performing work under PWS § 3.6 shall satisfy all requirements for appropriate security eligibility to enter and work on USCG property. All costs associated with travel and obtaining the appropriate security eligibility for Contractor-provided personnel will be the responsibility of the Contractor.

Similarly, the Contractor will be responsible for the actions of all individuals provided to work under this contract. If damages arise from work performed by Contractor-provided personnel under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident.

4. DELIVERABLES

The detailed descriptions of each required deliverable can be found within the corresponding references within the table. The Contractor shall provide legible documents and reports and submit them IAW the table and subparagraphs below.

Deliverable Reference(s) Frequency Date(s) Required No. of Copies (each)

Submit To Format

Safety and Activity Hazard Analysis Plan (S&AHAP)

PWS § 4.1. Contract award and as revised

NLT 10 calendar days after award and as revised

1 KO and COR Electronic:

PDF

Quality Control Plan

(QCP)

PWS § 4.2. Contract award and as revised

NLT 10 calendar days after award and as revised

1 KO and COR Electronic:

PDF

Contractor’s Representative

PWS §§

1.7.3. and 4.3.

Contract award and as revised

NLT 10 calendar days after award and as revised

1 KO and COR Electronic:

PDF

Injury Report PWS § 4.4. Per occurrence Within 24 hours of the occurrence

1 KO and COR Electronic:

PDF

Damage Report PWS § 4.5. Per occurrence Within 24 hours of the occurrence

1 KO and COR Electronic:

PDF

Delivery Tickets PWS § 4.6. Monthly NLT the 10th calendar day of each month

One per delivery

COR Electronic:

PDF

Monthly Invoice PWS § 4.7. Monthly NLT the 10th calendar day of each month

1 KO, COR,

SILC, and

FINCEN

Electronic:

PDF

Scale Certification PWS § 4.8. Contract award and upon request

NLT 10 calendar days after award and request

1 KO and COR Electronic:

PDF

Responsible Recycling (R2) Certification

PWS § 4.9. Contract award and as revised

NLT 10 calendar days after award and as revised

1 KO and COR Electronic:

PDF

Contract Discrepancy Report (CDR) – Blocks 9 & 10

PWS §

7.3.1., Tech.

Ex. A

Per occurrence NLT the CDR suspense date

1 COR Electronic:

PDF

Proof of Insurance Terms and Conditions

Contract award, annually, and as revised

NLT 10 calendar days after award and as revised

1 KO Electronic:

PDF

4.1. SAFETY AND ACTIVITY HAZARD ANALYSIS PLAN (S&AHAP)

The Contractor shall develop and submit a Safety and Activity Hazard Analysis Plan (S&AHAP) NLT 10 calendar days after contract award and as it is revised.

The Plan must include a worksite analysis of potential hazards and any company practices, controls, or policies used to mitigate potential hazards. The S&AHAP must comply with and conform to the U.S. Army Corp of Engineers Safety and Health Manual EM-285-1-1 (latest edition), as well as any applicable state and federal requirements, laws, and regulations.

4.2. QUALITY CONTROL PLAN (QCP)

The Contractor shall develop and submit a QCP NLT 10 calendar days after contract award and as it is revised.

The QCP must explain in detail the Contractor’s quality control program, inspection system, and task frequencies used to monitor and control the performance of services required by this contract. Further, the QCP must describe how the Contractor will sustain work quality and correct issues for the services required by this contract. Task frequencies addressed in the QCP are subject to Government approval.

4.3. CONTRACTOR’S REPRESENTATIVE

The Contractor shall designate a representative, IAW PWS § 1.7.3., and submit the representative’s name, email address, and telephone number NLT 10 calendar days after contract award and as it is revised.

4.4. INJURY REPORT

The Contractor shall report all incidents or accidents resulting in death, trauma, illness, or injury within 24 hours of the occurrence.

The Injury Report must include the following:

(a) Date and Time of Incident/Accident;

(b) Location of Incident/Accident;

(c) Persons Involved;

(d) Detailed Description of Incident/Accident;

(e) Nature of Injury or Illness;

(f) Exposure Data (if applicable);

(g) Witness Contact Information (if applicable).

4.5. DAMAGE REPORT

The Contractor shall report all damage to Government-owned property and equipment caused by the Contractor and its employees within 24 hours of the occurrence.

The Damage Report must include the following:

(a) Date and Time of Incident/Accident;

(b) Location of Incident/Accident;

(c) Persons Involved;

(d) Detailed Description of Incident/Accident;

(e) Detailed Description of Damage;

(f) Estimated Repair/Replacement Cost of Damage;

(g) Witness Contact Information (if applicable).

The Contractor shall reimburse the Government for any costs associated with the repair or replacement of damaged Government-owned property and equipment that is found to be caused by the Contractor.

4.6. DELIVERY TICKETS

The Contractor shall submit copies of delivery tickets, in conjunction with the monthly invoice, for the prior month’s services to the COR via email, NLT the 10th calendar day of each month.

The delivery ticket for each delivery must include the following information:

(a) Contract Number;

(b) Contract Task/Delivery Order Number;

(c) Date of Receipt/Delivery;

(d) Type of Recyclable Material(s);

(e) CLINs 0001AA-0001AD Only: Net Weight of Recyclable Material(s);

(f) CLINs 0001AE-0001AF Only: Quantity of Abandoned Vehicles and Towing Services;

(g) Scale Operator/Weigh Master Name;

(h) Printed Name and Signature of Delivery Driver.

4.7. MONTHLY INVOICE

The Contractor shall submit the monthly invoice, in conjunction with the delivery tickets, for the prior month’s services to the COR via email, NLT the 10th calendar day of each month.

Information that is required on, as well as the additional recipients required to receive a copy, of the invoices are described in the Terms and Conditions of the contract.

4.8. SCALE CERTIFICATION

The Contractor shall submit proof of scale certification(s) NLT 10 calendar days after contract award and for each Government request.

4.9. RESPONSIBLE RECYCLING (R2) CERTIFICATION

The Contractor shall submit proof of R2 Certification NLT 10 calendar days after contract award and as it is revised.

5. GOVERNMENT-FURNISHED EQUIPMENT (GFE)

The items outlined in the subparagraphs below may be provided to the Contractor during the POP of the contract and any option years, if awarded. GFE is only authorized for use and installation at the Contractor’s Kodiak site. All GFE will be furnished in “as-is” condition.

The Contractor shall notify the Government in writing if any of the following GFE is requested for use under the terms of this contract. Upon termination of the contract, the Contractor shall return the GFE to the Government in fair and working condition.

5.1. SOLID WASTE DUMPSTER(S)

The Government will provide up to two dumpsters to the Contractor IAW PWS § 3.3.1.

The Contractor shall be responsible for restricting access to the dumpsters and ensuring that only USCG-generated waste is disposed of in the provided dumpsters.

5.2. VERTICAL BALER

The Government will provide the use of a vertical baler during the POP of this contract.

More information for the vertical baler can be found in Attachment #2 – GFE.

The Contractor bears the sole responsibility to properly inspect, install, operate, prevent damage to, and maintain the vertical baler at the Contractor’s local site, IAW the manufacturer’s instructions, and any applicable federal, state, and local laws.

6. BILLING PROCEDURES

Payment for services performed under this contract will be monthly and after submission of the invoice per the Terms and Conditions of the contract. Additional submittal requirements are outlined in the contract.

6.1. VOIDED OR LOST DELIVERY TICKETS

If delivery tickets are voided or lost, the Contractor shall furnish the COR with the voided ticket or a written explanation for the lost ticket. If the Contractor fails to provide the COR with a satisfactory explanation for the lost ticket or continued loss of tickets, it may result in non-payment.

6.2. INVOICED AMOUNT

Payment will only be issued for services performed under the terms of this contract.

The invoiced amount will be determined by multiplying:

(a) Each CLIN’s total net weight (for CLINs 0001AA-0001AD) by the unit price; OR

(b) Each CLIN’s quantity (for CLINs 0001AE-0001AF) by the unit price.

Unit prices are outlined in Attachment #1 - Schedule of Services and Unit Prices for the applicable contract year.

6.3. PAYMENT DEDUCTIONS

Defects in performance may elicit deductions to payments; deductions will be conducted

IAW PWS § 7.

7. PERFORMANCE REQUIREMENTS SUMMARY (PRS)

The PRS found in this section will be used to measure the Contractor’s performance to determine any applicable payment deductions from the Contractor’s monthly payment if the Contractor does not render satisfactory performance under the terms of the contract.

Additionally, the PRS will be used to identify defects and enforce rework as needed.

7.1. ENFORCEABILITY

The absence of a requirement from the PRS or any other contract requirement shall not detract from its enforceability or limit the rights or remedies of the Government under any other provision of the contract.

7.2. SURVEILLANCE METHODS

The Government may use a variety of surveillance methods to evaluate the Contractor’s performance. The Government may unilaterally change the type and frequency of surveillance as it deems necessary.

The Government may use the following methods of surveillance:

• Random Sampling;

• Planned Inspections;

• Unscheduled Inspections;

• Periodic Surveillance;

• 100% Inspections;

• Validated Customer Complaints.

7.3. REMEDIES

The Contractor will be paid for all work performed to the contract’s acceptable performance standards. Unsatisfactory performance of work will be remedied IAW the following subparagraphs.

7.3.1. DEFECTS

When the number of defects in the Contractor’s performance, discovered by the Government, exceeds the acceptable quality level (AQL), the Government will issue the Contractor a Contract Discrepancy Report (CDR) DD Form 2772 (see Technical Exhibit A – CDR).

The Contractor shall utilize CDR Blocks 9 and 10, by the suspense date, to explain the following:

• Cause of the unsatisfactory performance;

• How the unsatisfactory performance has been corrected;

• How the unsatisfactory performance will be prevented in the future;

• Any other required information by the CDR.

7.3.2. REWORK

The Contractor shall not be paid for unacceptable performance in accordance with the Standards of Performance set under this contract. If the Contractor is required to rework services found by the Government to be unacceptable or unsatisfactory, it shall be at the Contractor’s expense. Rework for defects found by the Government shall not reduce the overall rating of that service.

7.3.3. PAYMENT DEDUCTIONS

If performance in any required service is found to be unsatisfactory, and the poor performance was not caused by Government action or lack thereof, and the Contractor was unable to successfully reperform the service promptly: a percentage of the monthly invoiced amount shall be deducted IAW the PRS Sampling Table. When areas are not surveyed by sampling, a defect will not be counted when the Contractor can reperform the service within a reasonable time frame.

7.4. PRS SAMPLING

Performance requirements are summarized into performance objectives that will be evaluated and surveilled by the Government. Contractor performance will be compared to the performance requirements and AQL using the QASP. The AQLs show the allowable degree of deviation from the standard that will be allowed before performance is considered unsatisfactory.

Performance Objective Standard AQL Surveillance Method

% of Monthly Contract

Price

PRS #1.

Delivery Accessibility.

• Contractor’s local site is accessible to delivery trucks (PWS § 3.1.1.).

Zero deviation. Random sampling, validated customer complaints

10%

PRS #2.

Acceptance, Sorting, and Processing of Materials.

• Scheduled and unscheduled deliveries of recyclable materials are accepted at the Contractor’s local site made during the Hours of Operation (PWS § 3.2.);

• Recyclable materials are sorted by kind or type (PWS § 3.3.);

• Non-recyclable solid waste is sorted into Government-provided dumpsters and the Contractor restricts those dumpsters to Base Kodiak-generated waste only, if applicable (PWS § 3.3.1.);

• Recyclable materials are processed for recycling (PWS § 3.4.);

• Electronics and e-waste are processed IAW R2 standards (PWS § 3.4.1.).

Zero deviation. Random sampling

30%

PRS #3.

Weighing of Materials and Recording of Information.

• Recyclable materials are weighed on certified scales (PWS § 3.5.);

• Required information is recorded on delivery tickets for each delivery and service (PWS §§ 3.5. and 4.6.).

Zero deviation. Random sampling

30%

PRS #4.

Towing of Abandoned Vehicles.

• Abandoned vehicles are towed at the scheduled time and day that is agreed upon by Government and Contractor, but NLT 14 calendar days from the day of the Government’s initial request* (PWS § 3.6.).

No less than 90% of tow services are completed at the agreed-upon scheduled day and time.

*Zero deviation for tow services not completed within 14 calendar days from the day of the Government’s initial request.

Random sampling, validated customer complaints

10%

PRS #5.

Hours of Operation.

• Contractor’s local site is made available during the Hours of Operation (PWS § 1.6.).

Zero deviation unless approved in advance by the COR.

Random sampling, validated customer complaints

10%

PRS #6.

Monthly Invoices and Delivery Tickets.

• Accurate monthly invoices and delivery tickets are submitted on time (PWS §§

4.6. and 4.7.).

Zero deviation. 100% Inspection

10%

TECHNICAL EXHIBIT A: CONTRACT DISCREPANCY REPORT (CDR)

TECHNICAL EXHIBIT B: HISTORICAL DATA FOR RECYCLING SERVICES

TECHNICAL EXHIBIT B: HISTORICAL DATA FOR RECYCLING SERVICES

7.4. PRS SAMPLING