PWS - KO Approved.docx

Performance of Work Statement (PWS)

SEPTIC PUMPING SERVICES

Black Butte Dam and Lake 30 April 2026

1. SCOPE OF WORK

1.1. General Information. Contractor shall provide all labor, materials, equipment, supervision, supplies, and transportation necessary to perform all septic pumping services at Black Butte Dam and Lake, Tehama County, CA. See Figures 1 through 8.

1.2. Work Locations. Services shall be performed at all recreation areas at Black Butte Dam and Lake. It is essential that the Contractor possess a vehicle in good working order to make trips between work locations and fulfill contract requirements.

2. CONTRACTOR’S QUALITY CONTROL PROGRAM

Contractor shall establish a complete Quality Control Program (QCP) for the performance requirements of this contract and shall provide a written copy to the Government no later than 30 days after contract award. Contractor shall maintain the QCP throughout the contract performance period, and at any time, upon verbal or written request, shall provide a copy to the Government for review. The QCP shall include as a minimum the following:

2.1. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable. Contractor shall use process control procedures and quality data analysis techniques.

2.2. Corrective action procedures for deficiencies and measures to prevent recurrence. The corrective actions will address the deficiency and an action to prevent future deficiencies. Additional inspection(s) are not considered a corrective action. The QCP shall be evaluated for adequacy and changed or updated by Contractor as a part of all corrective actions taken by Contractor.

3. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

This plan shall be used by the Government to assure that the work specified under this contract is being completed satisfactorily by Contractor, and that a viable QCP is in place. This plan is included for information purposes only and will not become part of any resulting contract. The QASP will consist of periodic inspections conducted by the Contracting Officer’s Representative (COR) or Quality Assurance Evaluator(QAE). Payment analysis will be conducted by using the random, planned, 100% sampling methods, or validated complaint. However, the Government has the right to change or modify inspection methods at its discretion.

4. PERFORMANCE EVALUATION MEETINGS

Contractor shall meet with the KO’s Representative (COR) as often as determined necessary by the Government. A mutual effort will be made to resolve all problems identified.

5. PERFORMANCE CRITERIA

Acceptable and unacceptable contract performance will be determined by the COR in accordance with the Performance Work Requirements Summary. When Contractor’s performance is considered unsatisfactory, a report shall be made to the COR to determine the deduction in price to be taken. Contractor shall respond to any complaints and/or ratings of poor performance within 5 calendar days after receipt of the report. The COR will require Contractor to explain, in writing, the cause of the discrepancy, the corrective action to obtain an acceptable level(s), and the corrective action to preclude a recurring incidence of the problem. Contractor will not be paid for that portion of performance determined to be unsatisfactory by the COR.

6. REMEDIAL ACTIONS

6.1. The COR will verbally advise or give a written inspection report to Contractor of discrepancies the first time they occur and ask Contractor to correct the problem. A notation will be made on the COR checklist of the date and time the deficiency was discovered and the date and time Contractor was notified.

6.2. If the Government created any of the discrepancies, these will not be counted against Contractor’s performance. When the Government has caused Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

6.3. The Contractor’s failure to perform an action as required by the contract can be considered a default in performance. In this event, the KO (KO) will issue a Contract Deficiency Report (CDR) to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

6.4. When a CDR notice is issued for a service, the KO must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements.

6.5. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued, and the appropriate amount deducted from the periodic payment in accordance with the disincentive rate listed in the Performance of Work Requirements.

6.6. A third CDR will be the cause for a Cure Notice. However, the KO may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

7. PAYMENT AND INVOICES

7.1. The Contractor shall be paid at the completion of services for work accomplished. Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety. Incomplete services are not billable by the Contractor. As per the Performance Work Statement, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the Performance Work Statement and may be held liable for any costs to the Government to correct the problem. The COR will verify invoices before payment shall be authorized.

7.2. Payment shall be made in arrears at the contract unit price for services performed in accordance with the pricing schedule and as described herein. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the contract number XXX-X-XXXX. The final invoice must be marked “FINAL.” Copies of all invoices shall be provided to the following:

1) An invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to the following :

U.S. Army Corps of Engineers – Black Butte Dam Attn: COR

CESPK-ODN-B

19225 Newville Road Orland, CA 95963

8. ANTITERRIORISM AND OPERATIONAL SECURITY

8.1. General Security Requirements and Guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

8.2. Antiterrorism (AT) Level 1 Training: All contract personnel requiring routine access to Army installation, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training.

8.3. Physical Security and Access Control Requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

8.4. Suspicious Activity Reporting Training (e.g., iWatch, CorpsWatch, or See Something, Say Something): All contract personal should revive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personal with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager., security representative or law enforcement entity.

8.5. Pre-screen Candidates Using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.

9. GOVERNMENT FURNISHED PROPERTY AND RESPONSIBILITIES

9.1. The Government shall not be responsible for any loss, damage or theft of Contractor items.

9.2. The Government shall not furnish any storage facilities at project site for use by Contractor to store supplies and equipment.

9.3. The Government shall be held financially accountable only for those scheduled services performed by the Contractor. Circumstances beyond the control of the government, which may occur, would reduce the number of services required. Those visits impacted by any of the below listed causes may be rescheduled or omitted with Government approval. Please note that all CLINs are estimated quantity line items. Possible causes for nonperformance may include but not limited to:

Contractor negligence Lack of sufficient or competent personnel Improper use and/or lack of safety gear worn and/or used by contractor personnel Equipment malfunction Damaged or missing facilities Recreation area closures High lake level (flooded recreation areas) Unfavorable weather conditions (rain, wind, etc.)

Other acts of God preventing contract compliance

10. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

10.1. Contractor shall maintain safe and sanitary work conditions at all times.

10.2. The Contractor shall have sufficient equipment and labor to perform services prescribed. If for any reason the Contractor shall be unable to perform any service as scheduled, the Operations Project Manager shall be notified in advance.

10.3. Keys. Contractor shall be responsible for all keys issued. Keys are for the exclusive use of Contractor while performing the specified services. Contractor shall be liable for any costs involved in changing locks due to lost keys. Report lost keys to the Technical POC immediately. Keys shall be turned in to the Technical POC immediately upon contract completion and/or termination.

10.4. Clothing and Appearance. Contractor shall wear clothing suitable for the weather and work conditions while performing contract duties. A clean, well-groomed appearance shall be maintained at all times while on duty. Contractor will maintain personal hygiene.

10.5. Equipment. General safety equipment includes safety shoes, work gloves and/or other additional personal safety equipment required for specific work duties. Vehicle use shall be restricted to paved, dirt, or gravel roadways. Off-road operation of Contractor vehicles shall be prohibited unless provided specific exception by the Technical POC. Equipment used by Contractor for the specified service shall be in satisfactory operating condition and be maintained in this condition. The Government reserves the right to require Contractor to discontinue the use of unsatisfactory equipment and to require that such equipment be replaced with acceptable equipment to maintain contract compliance. The decision of the KO as to serviceability of the equipment shall be final. Equipment shall meet current Federal, State and local safety requirements and all applicable requirements of the Corps of Engineers Safety Manual, EM 385-1-1.

10.6. The Contractor shall hold all permits, licenses, and certifications required by the State of California and both Glenn and Tehama County as required, and provide proof of all permits, licenses, and certifications before the commencement of work.

10.7. The Contractor shall be responsible for cleaning up any sewage spills that occur during the performance of the pumping services. The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to government property, the Contractor shall replace or repair the damage at no expense to the Government as directed by the COR. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

10.8. Area Safety. The work to be performed shall be within the boundaries of public recreation areas and the attention of Contractor shall be directed to the need for extreme caution and care while driving and/or operating equipment in these locations. Contractor shall comply with all state and local traffic laws including but not limited to posted speed limits. Contractor shall not park in any reserved or restricted parking areas except as approved in advance by the COR. All work shall be performed in accordance with safety requirements set forth in the Corps of Engineers Safety Manual, EM 385-1-1, entitled Safety and Health Requirements Manual, 15 March 2024. Copies are available at the request of the contractor or on-line at:

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/

10.9. Repair/Work Order Forms. Contractor shall report vandalism and potential safety hazards to the Project Headquarters Office on the day the problem is discovered. Any situation within or interfering with Contractor’s performance of work shall also be reported. Damaged or inoperative facilities shall be reported. If the damaged facilities pose an immediate danger to the public, Contractor shall notify the Project Headquarters Office or a Park Ranger.

11. WORK SCHEDULE

11.1. Days of Operation. Contractor shall be notified at least 72 hours in advance for significant schedule changes and as much time as possible for minor schedule changes. Contractor requests for modification of duty hours shall be submitted in writing for action by the COR.

11.2. Hours of Operation. Work shall be accomplished between 8:00 a.m. and 4:00 p.m., unless otherwise approved by the Technical POC. Contractor shall notify the Technical POC if the services are unable to be performed for any reason.

11.3. Federal Holidays. When a service day falls on a Federal Holiday, the service shall be performed on the next normal business day. The eleven Federal Holidays are as follows:

New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

When one of the above designated holidays falls on a Sunday the following Monday shall be observed as the legal holiday. When a designated holiday falls on a Saturday the preceding Friday shall be observed as a legal holiday.

12. SERVICES TO BE PERFORMED.

12.1 Contractor shall provide Septic Pumping Services described herein. See Attachment A for septic holding vault size estimates.

12.2. CXT Septic Holding Vault Services. Contractor shall pump CXT restroom holding vaults until completely empty according to schedule, ensuring all solids and liquids are removed from bottom. All surfaces on which spillage has occurred during the pumping procedure shall be cleaned and disinfected. CXT Restroom septic holding vaults shall be recharged with 20 gallons of fresh chemical per vault (recharge not required for septic holding vaults or restroom septic holding vaults). The Contractor shall provide recharge chemical as part of the service. Chemical must be approved by the Park Manager prior to use and be applied in accordance with the manufacturer’s specifications. Chemical must be labeled specifically for use as vault deodorizer. An Safety Data Sheet (SDS) for the chemical shall be furnished to the Government. When available, the COR shall monitor the chemical being placed in vault and inspect work prior to the contractor leaving site.

12.3. Restroom Septic Holding Vault Services. Contractor shall pump restroom septic holding vaults completely empty following the provided schedule, ensuring all solids and liquids are removed from bottom. All surfaces on which spillage has occurred during the pumping procedure shall be cleaned and disinfected.

12.4. Contractor shall complete and deliver a service record sheet to project Headquarters upon completion of all services for each scheduled workday. Service record sheets shall become Government property and will be utilized by COR for inspection.

12.5. Proper and safe disposal of all wastes shall be the responsibility of the Contractor. The Contractor shall dispose of waste materials off-site at approved locations in accordance with all applicable State and County sanitation regulations.

13. STANDARDS OF EMPLOYEE CONDUCT

13.1. Contractor shall be required to adhere to the following standards of dress and conduct while performing work. These regulations are enforceable as per the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The Contractor shall also comply with the California State Health Code, Cal-OSHA, and Tehama Counties' Codes.

13.2. Contractor shall exercise tact, diplomacy, and courtesy at all times while dealing with the public. The recreation area shall be available to any visitor without regard to sex, race, creed, color, or national origin. Contractor shall not engage in loud or boisterous behavior or use profane or abusive language.

13.3. Weapons shall not be carried or displayed in the public use areas at any time.

13.4. Contractor shall cooperate fully with Corps of Engineers employees, other Corps of Engineer Contractors, and local law enforcement and State agencies. Contractor shall not direct the work of other Contractors. Contractor shall be responsible for all Government material in his possession and be accountable for any loss, damage, or misuse.

13.5. Commercial activities shall not be conducted on Government property.

13.6. The work to be performed shall be within the boundaries of land administered by the U.S. Army Corps of Engineers. Contractor is subject to all Title 36 regulations while completing work under this contract. No special provisions or entitlements shall be granted to Contractor.

13.7. Contractor shall not use intoxicating beverages and/or drugs at the work site. Contractor shall not be under the influence of any substance that impairs the ability to perform the prescribed services.

14. PERIOD OF PERFORMANCE

14.1. This contract consists of a Base Period and four Option Periods. The maximum life of the contract shall not exceed five years.

14.2. Pre-Work Meeting. Contractor shall meet with the Technical POC on the first scheduled work day to discuss contract requirements and provide proof of meeting the following requirements:

15. SUPERVISION AND TRAINING

15.1. Contractor shall provide a supervisor who speaks fluent English.

15.2. Contractor shall maintain satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. Contractor shall remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

15.3. Contractor shall also be responsible for training and safety precautions for personnel performing work under these specifications. Occupational Safety and Health Administration (OSHA) standards shall be observed by Contractor in all work performed. Appropriate safety equipment shall be furnished by Contractor to personnel who shall be properly equipped at all times.

15.4. For safety and security purposes, Contractor shall submit, in writing, the name, address and phone number of all personnel performing services prior to the commencement of work. Contractor shall submit, in writing, the name of all employees discharged during this contract.

16. AUTHORITIES AND TECHNICAL DIRECTION

17.1. Contractor shall take no direction, from any Government employee or any other person other than the KO, that changes the terms and conditions of this contract, the Performance Based Work Statement, or any change that impacts the cost, price, or schedule.

16.2. Changes authorized by the KO shall be in the form of a written, official, signed modification issued to the Contractor – received prior to Contractor acting upon those changes. Contractor shall comply with the “Changes” clause of this contract when Contractor believes direction has been given from persons other than the KO that equate to a change by notifying the KO as directed by the clause. Any direction given by Government employees or any other person outside their authority must be reported to the KO.

16.3. COR is limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the KO to Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract.

PERFORMANCE WORK REQUIREMENTS SUMMARY

1. The purpose of the following exhibit is to:

1.1. List the contract requirements considered most critical to acceptable contract performance.

1.2. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

1.3. Define the procedure the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically.

3. The criteria for acceptable and unacceptable performance are as follows:

3.1. Contract Requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

3.2. If the quality of the work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

3.3. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in the contract.

PERFORMANCE WORK REQUIREMENTS SUMMARY

(1) OBJECTIVE: Septic Pumping Services

Perform septic holding vault services per contract specifications.

Attachment A

Septic Vault Size (estimate)

A. Septic Holding Vaults

B. CXT Restroom Septic Holding Vaults

C. Restroom Septic Holding Vaults

NOTE: Septic tank locations and sizes are estimates only. Probing for exact locations may be necessary.

(REF. figures 2-8)

Figure 1

Figure 2

Figure 3

Figure 4

Figure 5

Figure 6

Figure 7

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