PWS Portable Toliet -1.docx

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Portable Toilet Requirement-Public Works Part I General Information

1. GENERAL: This is a non-personal services contract to provide portable toilet rentals and servicing 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. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform portable toilet rental and servicing as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: Various activities on West Point require addition facilities to accommodate scheduled events.

1.3. Objectives: The basic service objective includes portable toilet unit set-up, portable chemical unit servicing, portable chemical unit relocation and removal.

1.4. Scope: Contractor shall provide portable toilet unit set-up, portable toilet unit servicing, portable toilet unit relocation and removal in accordance with issued delivery orders or GPC requirements.

1.5. Period of Performance: The period of performance shall be for a one (1) Base Year period of 12 months and one (1) 12-month option periods.

Base Year: 12-month Period Option Year: 12-month Option Period

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than 10 days after contract award and within five (5) days of any proposed changes to the COR and KO.

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.6.1.1.2 Within 24 hours of completion and upon request from the COR, the Contractor shall provide, all reports generated because of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.1.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR 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). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.6.2. Not applicable.

1.6.3. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

1.6.3.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The contractor shall work on the days the Government is scheduled to work.

1.6.3.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.6.3.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.6.3.2.2. Reschedule the work on any day that is mutually satisfactory.

1.6.4. Hours of Operation: The normal West Point workday is between the hours of 7:30 AM – 4:30 PM Monday through 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. The Contractor shall always 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 to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized. Contractor personnel shall not exceed a 40-hour work week.

1.6.5. Place of Performance: Contractor shall have routine access to Government- controlled facilities. The work to be performed under this contract shall be accomplished at various locations at the United States Military Academy, West Point, NY, and other outlying areas within a 25-mile radius.

1.6.6. Security Requirements: Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures, including local, referenced in this PWS and in effect at the work sites. Contract employees shall be required to obtain a Common Access Cards (CACs) for Contractor Personnel. The CAC is the DoD federal personal identity verification credential. The Contractor shall complete the Updated Personal Identity Verification of Contractor Personnel for Common Access Cards (CACs) form which will be provided to the COR. A CAC will not be issued (or maintained) by a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk. Compliance with HSPD-12: On 07 Mar 14 the Secretary of the Army published Army Directive 2014-05, which establishes HSPD-12 investigative and adjudicative policy and procedures to support credentialing determinations for the issuance of CACs to eligible Army Contractor personnel. HSPD-12 mandates a government wide standard for secure and reliable forms of identification issued by the Federal Government for physical access to federally controlled facilities and/or logical access to federally controlled information systems.

1.6.6.1. In the event a contractor employee separates without advance notice (either quits or is terminated), the contractor shall immediately notify the COR who will ensure CAC permissions are revoked the same day.

1.6.7. Special Qualifications.

1.6.7.1. General:

1.6.7.1.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in PWS 1.6.6. security requirements during the execution of this contract.

1.6.7.1.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the public.

1.6.7.1.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non- U.S. citizen to perform the required support.

1.6.7.1.4. Not applicable

1.6.7.1.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved DES Form 118 to the Installation All American VCC, detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an AIE visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.7.1.5.1. Not applicable

1.6.7.1.6. Anti-Terrorism Program

1.6.7.1.6.1. Anti-Terrorism (AT) Level I Training: Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html.

1.6.7.1.7. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti-Terrorism Office (ATO)]. This local 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 COR. This training shall be completed within 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract.

1.6.7.1.8. Not applicable

1.6.7.1.9 Not applicable

1.6.7.1.10. Not applicable

1.6.7.1.11. Not applicable.

1.6.7.2. Not applicable

1.6.8. 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 Regulation (FAR) Subpart

42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personal) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.10. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten

(10) workdays of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination.

1.6.10.1. The follow are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM) who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 7:30 AM to 4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.6.10.2. Qualifications for all Key Personnel:

1.6.10.2.1. Program Manager (PM): The PM shall meet or exceed the following minimum qualifications: shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. The APM shall meet or exceed the same qualifications as the PM.

1.6.11. Contractor Personnel:

1.6.11.1. Identification of Contractor Personnel: 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.

1.6.11.1.1. All Contractor personnel performing work under this contract shall obtain a Department of Defense (DoD) Common Access Card (CAC). The CAC shall be always worn, when performing work under this contract, to include attending government meetings and conferences. Unless otherwise specified in the contract, Contractor.

personnel shall wear the CAC in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.

1.6.11.1.2. Contractor personnel shall be required to obtain a CAC at least ten (10) workdays prior to start of base contract period or prior to performance under this contract, whichever comes first.

1.6.11.1.3. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit initial roster to the COR within ten (10) calendar days after commencement of base period of performance.

1.6.11.1.4. The Contractor shall immediately report any lost CAC or government issued identification cards to the COR and Military and/or DoD police agencies. The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.6.11.2. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs, or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to always present a professional appearance.

1.6.12. Not applicable

1.6.13. Not applicable

1.6.14. Not applicable

1.6.15. Organizational Conflict of Interest:

1.6.15.1. Purpose. To aid in ensuring that:

1.6.15.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition.

1.6.15.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.6.15.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.15.2. Definitions.

1.6.15.2.1. The term “Contractor” herein used in section 1.6.15 and following sections., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.15.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.15.3. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.15.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.6.15.3.2. Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.6.15.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.6.15.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.6.15.4.1. Not applicable

1.6.15.4.2. Not applicable

1.6.15.4.3. Not applicable

1.6.15.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.15.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.15.5. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505- 4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

1.6.15.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.15.7. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.6.15.4., 1.6.15.5., and 1.6.15.6., above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information, or the performance of services described in paragraph 1.6.15.4., above. The use of section 1.6.15., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.15.8. Not applicable.

1.6.15.9. Conflicts Involving Future Procurements. The award of this contact, government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.15.10. Representations and Disclosures.

1.6.15.10.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.15.10.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflict.

1.6.15.11. Remedies and Waiver.

1.6.15.11.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) after contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.15.11.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.6.16. NOT APPLICABLE

1.7. Identification for Contractor personnel, West Point Security Addition. For employees that are not required to be issued a CAC by the COR but require access to a DoD facility or the installation, the 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). This applies for all employees who will be entering Army-controlled installations or facilities (Central Area/Restricted area). Applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the COR) must be adhered to. Documentation of these checks shall be made available to the COR and security personnel upon request. The company shall provide to the COR, ten days in advance of the event, names, Date of Birth, and Social Security numbers of all employees who will be entering Army-controlled installations or facilities.

1.8. DOD Level I Antiterrorism (AT), West Point Security addition.

1.8.1. Pursuant to Department of Defense Instruction Number 2000.16, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion. The training is accessible from any computer and is available at http://jko.jten.mil/ follow the below instructions:

1. Click – DOD CAC or No DOD CAC

2. Next click - I am a U.S. mil, government civil servant, or contract employee.

3. Next click - I've been directed to take required training on JKO.

4. Next click - Courses

5. I do not have a .MIL, .GOV, or.NDU.EDU address or I am a Multi-National Student

6. Fill out the contact sheet and email to sponsor (COR)

7. Sponsor (COR) will email to the JKO help desk.

1.8.2. The contractor shall be responsible for ensuring that all applicable employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer’s Representative (if appointed) within five working days after contract award or prior to access to a Federally-controlled installation or information system.

1.8.3. Contracting Official Representative, West Point Security addition.

1.8.3.1. COR will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (Local Access Badge) versus the NACI, which requires fingerprinting and submission of EQIP. NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.

1.8.3.2. COR will ensure that the USMA Form 13-16, Personnel Background Check, is correctly completed and signed by the COR who is a properly cleared Federal Employee.

1.8.3.3. COR will ensure that the USMA Form 13-16, Personnel Background Check, is submitted within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded, and work is scheduled to start. Waivers are made for the 10-day suspense on a case-by-case basis, in emergency situations as needed only.

1.8.3.4. COR will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via EQIP, prior to being issued a CAC and/or given access to the government computer network.

1.8.3.5. COR will ensure that all government issued identification and vehicle stickers are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.

1.8.3.6. COR will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and that they have certified that their workforce has completed the training through the submission of completion certificates to the COR.

1.8.4. Force Protection Conditions (FPCON’s) West Point Security addition.

1.8.4.1. During higher Force Protection Conditions (FPCON’s) Contract personnel shall be required to comply with all Antiterrorism policies and procedures while on the installation. Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.

1.8.4.2. Contractors shall comply with parking restrictions and shall not park in unauthorized parking areas or within 82 feet of an inhabited building when directed.

1.8.4.3. Access control roster (personnel and vehicles) must be provided. Names / vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.

1.8.4.4. All contractor personnel and vehicles are subject to search while on the installation.

1.8.4.5. In the event of an identified restricted/exclusion area, the contractor personnel will not be authorized without specific permission or an escort.

1.8.4.6. Access may be denied during increased readiness or Force Protection Conditions (FPCON’s).

1.9. Alien Employment, West Point Security addition. The contractor shall not employ any alien who does not have a valid US Immigration I-551 or I-94. The contractor shall provide valid social security numbers and citizenship status of all employees to the Government, upon request.

1.10. E-Verify, West Point Security addition.

1.10.1. E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. E-Verify is the best means for determining employment eligibility of new hires and the validity of their Social Security numbers.

1.10.2. Contractors shall use E-Verify on all employees that will be working on this installation, under this contract. This shall be done prior to the employee starting work on the installation. For E-Verify information: www.dhs.gov/E-Verify or 1-888-464-4218.

1.10.3. The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Additional information about trafficking in persons may be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons’ at http://www.state.gov/g/tip.

1.10.3.1. Government contracts prohibit contractors, contractor employees, subcontractors, and subcontractor employees from engaging in all forms of trafficking in persons during the period of performance of the contract; procuring commercial sex acts during the period of performance of the contract; or using forced labor in the performance of the contract.

1.10.3.2. Government contracts require contractors and subcontractors to notify employees of the prohibited activities described in paragraph above of this section and the actions that may be taken against them for violations; and impose suitable remedies, including termination, on contractors that fail to comply with the requirements of paragraphs (a) and (b) of this section.

1.11. Contractor Vehicles, West Point addition. Under no circumstances will Contractors Park in Central Parking Area (CPA) Lots. The COR will review and coordinate all contractor pass requests.

1.11.1. The local general, visitor, and government designated parking areas shall not be used by the contractor. No general contractor or subcontractor employee parking is available near the immediate site. The contractor shall identify and locate parking facilities for general and subcontractors off West Point and provide a means for shuttling workers to the site. West Point shuttle services shall not be used for transporting workers to the site.

1.11.2. Contractors and construction vehicles shall only park in pre-approved designated staging areas or as identified in their contract. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190- 5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is: Parked illegally; Interfering with operations; Creating a safety hazard; Left unattended in a restricted or controlled area; Parked in a Central Parking Area (CPA) lot without the proper CPA Pass; Parked in a reserved space authorized by the Installation Commander.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. 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.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract.

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

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

2.1.7. NOT APPLICABLE

2.1.8. NOT APPLICABLE

2.1.9. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS.

2.1.10. Not applicable

2.1.11. Not applicable

2.1.12. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs.

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

2.1.14. NOT APPLICABLE

2.1.15. NOT APPLICABLE

2.1.16. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.17. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

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

2.1.20. WORKDAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.21. WORK WEEK. Monday through Friday, unless otherwise specified.

2.2. ACRONYMS

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: not applicable

3.2. Facilities: not applicable

3.3. Utilities: not applicable

3.4. Equipment: not applicable

3.5. Materials: not applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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

4.2. Not applicable

4.3. Materials: The Contractor shall provide all, materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall provide all equipment necessary to meet the requirements under this PWS.

PART 5 SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide services for portable toilet rental and servicing as order including placement, servicing, replacement, and removal. This is an indefinite delivery indefinite quantity contract. Services will be ordered as needed on task orders or by Government Purchase Card Orders.

5.1.1. Placement.

5.1.1.1. Contractor shall place all units no later than close of business on the day preceding the start date identified in the task order unless otherwise allowed by the Government (such as morning of start date).

5.1.1.2. All portable toilets shall have a document, protected by a plastic page protector, attached to the inside of the door, which shall be annotated each time the unit has been cleaned during its current placements. This allows the Government to inspect units to see if they are receiving the proper number of requested cleanings.

5.1.1.3. All portable toilets shall have a unique identification number to identify the respective task order of the delivery. This allows the Government to differentiate units when multiple deliveries support separate events on the same location.

5.1.1.4. General Specifications:

5.1.1.4.1. Basic Portable Toilets shall, at a minimum, include a static tank, urinal, and waterless hand sanitizer dispenser.

5.1.1.4.2. Handicap Portable Toilets shall include all the basic unit amenities and shall be compliant with all Americans with Disabilities Act (ADA) standards.

5.1.1.4.3. All portable toilets shall be delivered fully stocked with three (3) rolls of toilet paper and hand sanitizer, clean, and ready for immediate use.

5.1.1.4.4. All portable toilet doors shall be able to be locked from the inside.

5.1.1.4.5. All doors shall be able to be padlocked from the outside. Contractor shall provide padlocks for units at no additional cost if requested by the assigned COR or POC for each order.

5.1.1.4.6. Rental of portable toilets to include placement, maintenance, servicing, replacement (if needed due to improper function) and final pickup at the end of the required period of performance.

5.1.1.5. Contractor shall coordinate all placements with the designated COR identified in each order, so the COR can ensure the correct actual placement of the units. Portable toilets placed without the Government POC being present may be required to be moved at no additional cost to the Government.

5.1.1.5.1. All portable toilets shall be leveled, positioned on flat surfaces, and shall not obstruct walk-ways, vehicle and/or pedestrian traffic, or cover sprinkler heads or utility covers.

5.1.1.6. Any order issued for a rental period of a month or less shall be invoiced once at the end of the rental period identified in the order. For orders issued for a rental period of over a month, the contractor may submit an invoice at the end of each month’s rental period or wait for the full period to complete.

5.1.1.7. Contractor shall have a facility and all resources within commuting distance to respond to emergencies within four (4) to eight (8) hours of notification.

5.1.1.8. All units at a same location shall be the same color to minimize the aesthetic effect to surrounding areas. This does not apply to units provided in support of Summer Training which are located at training sites outside the actual installation and in a field situation.

5.1.1.9. The Government will issue orders not later than seven (7) before the performance start date. In the event of an urgent requirement whereby the Government needs delivery earlier than seven (7) days after receipt of an order, the Contractor shall make every attempt to accommodate but the Contractor shall not be eligible for any additional compensation.

5.1.2. Servicing.

5.1.2.1. Contractor shall service all units as ordered. Servicing shall include cleaning of entire portable toilet unit, both inside and out: emptying of each waste holding tank; scrubbing of walls, ceilings, seats, and floors; sanitizing; changing chemicals; and replacing all required supplies.

5.1.2.2. The Contractor shall provide the following supplies at each service: Toilet Paper; Hand Sanitizer; Chemicals for Waste Holding Tank.

5.1.2.3. The Government will decide as to whether a unit needs an additional cleaning if the unit was not cleaned to standards. The unit shall be re-cleaned at no additional cost to the Government.

5.1.3. Replacement/Relocation

5.1.3.1. The Government will require replacement of any unit within twenty-four (24) hours of notification to the Contractor if the Government considers a unit to be unsanitary, unsafe or in poor general condition. Replacement shall be at no additional cost to the Government.

5.1.3.2. In the event of severe wind weather events, as determined by the Government, the Contractor shall take precautionary measures to prevent toilets from tipping over or becoming projectiles. Measures include consolidating them in a designated area, banding several together, or removing them from the installation until the severe weather has passed.

5.1.3.3. The Government will be required to order the relocation CLIN if a unit must be moved after initial placement was approved by the COR.

5.1.4. Removal.

5.1.4.1. Units shall be removed no later than close of business on the day after the end date identified for orders unless otherwise allowed by the Government for some of the larger quantity orders. Monday pick-up for Saturday and Sunday is acceptable.

5.1.4.2. All units must be removed off West Point. There shall be no storage of any units not under order on West Point.

5.1.4.3. The Government will not be liable for the damage or theft of any unit left after the designated pick-up dates.

5.1.4.4. If the Contractor does not comply with the day after requirement, the Government will have the unit moved and the Contractor will be charged for the action.

5.1.5. Stand By CLIN.

5.1.5.1 When this CLIN is included on an order, the Contractor shall be required to be waiting at a location directed by the Government on standby for a period of 5 hours on the day requested. In the event of portable toilets requiring additional cleaning, repair of malfunctioning units or replacement of units, the Government COR or POC will contact the Contractor for immediate service. Service could be ordered on any day of the week to include evening hours.

5.1.6. Additional Requirements for Annual Cadet Summer Training order.

5.1.6.1. The Contracting Officer will provide the contractor with a copy of a detailed schedule which will include quantities, locations, and cleaning schedule.