PWS Final Version - 2025 Fall (Low Water) MRC Inspection.pdf

Performance Work Statement (PWS) Dumpsters for 2025 Mississippi River Commission (MRC)

Low Water Inspection Trip New Madrid, MO and Memphis, TN

1. GENERAL INFORMATION

1.1 Description of Services

Provide one (1) dumpster with min thirty (30) cubic yard capacity and servicing for each location. The locations are planned stops for the 2025 Mississippi River Commission (MRC) Low Water Inspection Trip and Public Hearings.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2 Background

The MRC public hearings are held in accordance with Section 8 of the 1928 Flood Control Act:

“Sec.8.…The commission shall make inspection trips of such frequency and duration as will enable it to acquire first-hand information as to conditions and problems germane to the matter of flood control within the area of its jurisdiction; and on such trips of inspection ample opportunity for hearings and suggestions shall be afforded persons affected by or interested in such problems.”

The hearings, engagements and dialogue help maintain a consistent connection - an exchange of viewpoints and ideas among the public, partners, stakeholders, elected officials, the MRC, the Corps of Engineers and agencies from the private, state and federal sectors. This process provides a greater voice for those who live and work in the region in shaping federal management and policy on the river. The Motor Vessel (M/V) Mississippi is the Flag ship of the US Army Corps of Engineers which is under the Department of Defense. The homeport for the Vessel is Ensley Engineer Yard located at 2915 Riverport Road, Memphis, TN. However, in its working capacity it travels the Mississippi River and its tributaries. It serves as both a working tow boat and the home of the MRC.

1.3 Scope of Work

The Contractor shall furnish all labor, material, parts, management, supervision, facilities, utilities, equipment, tools, lubricants, fuel, and articles (excluding Government furnished property) necessary to complete the scope of work in accordance with these specifications, state, county, and municipal laws, and subject to the terms and conditions of the contract.

The Contractor shall cost each line item below and include the cost in their proposal, quotation. The Contractor shall run the project as an end-to-end, turnkey-project with no exclusions.

Requirements include:

One (1) Dumpster with min 30 (thirty cubic yard capacity. The Contractor shall deliver on day prior to date listed for vessel docking and remove as soon as possible after date listed for vessel departure. Dumpster shall be placed in areas identified by Government typically with wire flags and/or painted area on pavement. In locations where vessel will remain for more than (1) one day then dumpster shall be emptied each day vessel is scheduled to be docked.

The Contractor shall be responsible for detecting and reporting to the COR all materials or obstructions that might impede the completion of the contract. The COR will evaluate the evidence of the obstructions and may notify the Contracting Officer for additional instructions.

PROTECTION. The contractor is responsible for providing adequate protection to all Government components throughout the project’s period of performance. This protection includes but is not limited to protection from foreign matter, contamination from dirt, debris, water, chemicals, technical errors, etc.

SUSTAINABILITY. Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recoverable materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request. As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that meet Federal Energy Management Program (FEMP) purchasing specifications for energy efficiency under this contract, as applicable.

Covered product categories and the applicable energy efficiency requirements can be found at http://energy.gov/eere/femp/covered-product-categories.

1.4 Place of Performance

The location of the services to be performed under this contract will be at the docking locations for the MV Mississippi below:

New Madrid, MO Memphis, TN

1.5 Period of Performance

The period of performance (PoP) is as follows:

• 8-12 August 2025 at New Madrid, MO (City Ramp)

• 18-19 August 2025 at Memphis, TN (Mud Island Landing)

1.6 Contract Type

This will be a BPA Call against established BPA W912EQ24A0004.

1.7 Payment

The Contractor shall provide objective evidence to the Government that supports the following payments, milestone completions. Payment shall be 100% for the completion of the entire scope of work in this PWS.

Payment will be made after the PTWSD is complete and report is delivered to the Government and upon receipt of a proper invoice. Invoices shall include the contract number, invoice date, and correct quantity and total of delivered services. All invoices shall be sent to Roger Willey at the following email address: roger.w.willey@usace.army.mil.

1.8 Deliverables

Description PWS Verbiage PWS Reference

Provide dumpsters and services.

This is a non-personal services contract to provide dumpsters with services.

1.1, 1.3.1

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1. Business Relations

The Contractor shall successfully schedule and coordinate all activities needed to execute successfully the PTWSD requirements identified in this PWS. The Contractor shall manage the timeliness, completeness, and quality of work.

2.2 Points of Contact

Contracting Officer (KO):

Tijuana M. Harris, 901-544-3048, tijuana.m.harris@usace.army.mil

Contracting Officer Representative (COR):

Roger Willey, 901-795-8570, roger.w.willey@usace.army.mil

Technical Representative(s):

John E. Smith, 901-220-0281, john.e.smith@usace.army.mil

COR will be responsible for informing Contracting personnel of any changes of contract personnel or terms and conditions of the contract. The (COR) will be identified by separate letter. The COR monitors all technical aspect of the contract.

The Contractor shall be responsible for detecting and reporting to the COR all materials or obstructions that might impede the completion of the contract. The COR will evaluate the evidence of the obstructions and may notify the Contracting Officer for additional instructions.

2.3 Key Personnel

The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m., Monday through Friday except Federal holidays. Should this information change the COR is to be notified immediately.

2.4 Identification of Contractor Employees

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The name and contact information of the contract manager must be provided to the COR at the commencement of work.

Should this information change the COR is to be notified immediately. At all times, all contractors must use either contractor name plates or a similar identification system that identifies them as contractors and not government employees. Name plates or similar identification system shall be provided by the Contractor.

2.5 Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Subpart

42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings the contracting officer 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

2.6 Standards of conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity.

2.7 Removal from contract work

The Contracting Officer may require the Contractor to remove any employee(s) from the yard or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on government-controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government’s sole discretion, to be incompetent, careless, insubordinate, not meeting the standards of conduct required by this contract or otherwise objectionable.

The Contractor shall be responsible for ensuring adequate staffing levels meeting the requirements of the contract are always provided and at no additional cost to the Government.

2.8 Service Contract Act

During the services performed for the resulting contract, vendors must ensure they are following the applicable Wage Determinations as found at https://sam.gov/content/wage-determinations.

3. GOVERNMENT SECURITY REQUIREMENTS

Contractor personnel performing work under the contract must have the below listed security requirements at time of the proposal submission and must maintain the level of security required for the life of the contract.

3.1 AT Level I Training

The successful contractor shall comply with federal physical and security controls to ensure all Government security requirements are met. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel.

AT Level I awareness training is available at the following website: http://jko.jten.mil/ ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

3.2 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.

3.3 Contractors who do not require CAC but require access to a DoD facility or installation

Contractor and all associated sub-contractors 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.

3.4 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

3.5 Contracts that Require OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

3.6 Escort areas of Classified and/or Sensitive Materials and/or Sensitive or Restricted areas

For Classified and/or Sensitive Materials and/or Sensitive or Restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

3.7 E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.e-verify.gov) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment 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 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

3.8 Adjudication Standards and Procedures

Contractor and all associated sub-contractors 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.

3.9 Physical Security

The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use.

4. QUALITY

4.1. Quality Control

The Contractor shall submit a robust contractor management structure, to include, but not be limited to, a management plan. The Contractor shall have full responsibility for quality control of its work and employee performance.

4.2. Quality Assurance

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Performance Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan (QASP), in the inspection of the service. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Inspection and Acceptance.

Only the Contracting Officer (KO) or KO appointed designee (Government Inspector) has the authority to inspect, accept or reject all services/deliverables. All rejected services/deliverables will be corrected at the Contractor’s expense with no additional cost to the Government.

4.2.1 The Contractor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under this contract conform to the specifications, drawings, and contract requirements herein. The Contractor shall also perform or have performed the inspections and tests specified herein.

4.2.2 The Contractor shall provide and maintain a written Quality Control Program covering all work specified in the contract, including subcontracted work and work performed away from the shipyard. The program shall define the tests and inspections to be accomplished, identifying the appropriate contract line-item number and paragraph of the specification related to each such test and inspection.

4.2.3 The Government Inspector shall have the right to witness all tests and inspections.

The Contractor shall make certain that all materials, installation and workmanship meet the requirements of the specifications and are ready for test or inspection prior to notifying the Government Inspector.

4.2.4 The Contractor shall notify the Government Inspector at least 24 hours before all testing and inspection. The Government Inspector will be available to witness testing and inspection of completed work Monday thru Friday, except Federal Holidays.

4.2.5 The Contractor shall proceed with work if the Government Inspector is not present when advance notice required in paragraph 4.2.4 above was given.

4.2.6 Witnessing tests and inspections by the Government Inspector does not constitute acceptance of the item and does not relieve the Contractor of the responsibility of assuring that the work conforms to the requirements of the specifications.

4.2.7 The prime Contractor cannot delegate the authority to witness or perform and sign for tests and inspections without prior approval of the Contracting Officer. If a Subcontractor has an established Quality Control Program with designated organization and personnel, the prime Contractor may designate an appropriate individual in that organization as his authorized representative. Such designation shall clearly indicate that the individual is an employee of a subcontractor and shall be subject to the approval of the Contracting Officer. The Government Inspector will witness tests and inspections at the Subcontractor’s facility in accordance with paragraph 4.2.4 and 4.2.5 above.

4.2.8 The Contractor shall provide and maintain a Quality Assurance Surveillance Plan to assure the Government that the work specified under this contract is completed satisfactorily. The Contractor shall correct all deficiencies in non-conforming work at no additional cost to the Government.

4.3 Access to the facilities

The Contractor shall allow key Personnel and COR’s admission to the Contractor’s facilities and the components. The contractor shall provide suitable ladders, gangways, and scaffolds for access to the Work.

4.4 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance in accordance with the Governments QASP. See Exhibit A.

5. SAFETY

The Contracting Officer Representative will notify the Contractor immediately of any noncompliance with the foregoing paragraphs and action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make no part of the time lost due to any such “stop work” orders the subject of claim against the Government for extension of time or for excess costs or damages.

5.1 Reporting

The Contractor shall comply with the following: Report any safety hazards and unsafe acts.

Proper use of personal protective equipment (PPE) for hazardous tasks is mandatory.

5.2 Accident Protection

All work performed under this contract shall be in accordance with the requirements of the U. S. Army Corps of Engineers Safety Manual, EM 385-1-1 and other safety requirements specified herein.

5.3 Accident Investigations and Reporting

Refer to EM 385-1-1, Para. 01. D.01. Accidents shall be investigated by the immediate supervisor of the employee (s) involved and reported to the Government’s Technical Representative within one working day after accident occurred. A report of all mishaps occurring on the project shall be submitted to the Contracting Officer within four calendar days following the incident. All data reported must be complete, timely and accurate. A follow up report shall be submitted when the estimated lost time days differs from actual lost time days.

5.4 Daily Inspections

The Contractor shall institute a daily inspection program to assure safety requirements are being fulfilled. Reports of daily inspections shall be maintained at the job site. Each report will include, as a minimum, the following.

(1) Items of work underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective action taken, or to be taken, date, and signature of the person responsible for its contents, and submitted to the Contracting Officer for review.

(4) Status of Lockout/Tag out items.

5.5 Ground- Fault Protection

Refer to Para 11. C. 05 of EM 385-1-1. The ground- fault circuit interrupter shall be calibrated to trip within the trip-threshold values of 5 Ma + 1 Ma as specified in UL Standard 943. All ground-fault circuit interrupters shall be UL approved and installed in accordance with the latest edition of the National Electrical Code.

5.6 Material Safety Data Sheets (SDS)

The Contractor shall provide and display the MSDS sheets for all hazardous material used directly or indirectly in the performance of the Work.

6 DEFINITIONS AND ACRONYMS

6.1 Definitions

BILL OF MATERIAL. A bill of material shall include the component name, component type, model, manufacturer, serial number, location, zone, and all other pertinent information.

COMMISSIONING. Commissioning is a process – a systematic process of ensuring that a building or system performs in accordance with the design intent, contract documents, and the owner’s operational needs. Commissioning is fundamental to the success of the whole-building or system design process. To bring (something, such as a factory or machine) into working condition.

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

CONTRACTING OFFICER. A person with authority to enter, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government.

Note: The only individual who can legally bind the government.

CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

End-to-end. End-to-end refers to a full process from start to finish. It is used to describe a service that sees something through from the kick-off or initiation through the final product. In reference to this contract, end-to-end means from project requirements analysis, design, design approval, implementation, test, commissioning, and system approval.

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

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

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

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

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

SUBCONTRACTOR. One that enters a contract with a prime Contractor. The Government does not have privacy of contract with the subcontractor.

TURNKEY. Of or involving the provision of a complete product or service that is ready for immediate use. A turnkey, a turnkey project, or a turnkey operation is a type of project that is constructed so that it can be sold to any buyer as a completed product. Turnkey refers to something that is ready for immediate use, generally used in the sale or supply of goods or services.

WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

6.2 Acronyms

ACOR Alternate Contracting Officer’s Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer’s Technical Representative

COTS Commercial off the Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

USCG United States Coast Guard

EXHIBIT A

Performance Requirements Summary

Performance Objective Standard Performance Threshold

Method of Surveillance

Provide and service dumpsters. USACE Approval and Acceptance

100% Inspection, Witness