Updated 12.28.20 SOW.doc

Section C

Part I – The Schedule Section C – Description/Specifications/Statement of Work

C-1 Statement of Work:

A. The Contractor shall furnish all labor, equipment, materials, and personnel necessary for storage, collection, transportation, and disposal of all solid wastes and recyclable products generated at the Phoenix Indian Medical Center (PIMC). The work to be preformed includes, but not limited to the following:

1.

All 34 yard cubic bins and 3 yard cubic bins shall include 2 x weekly collection and disposal, every Monday and Thursday intervals, for all locations. Collection of all 8 cubic yard bins will be picked up 5 X week Monday through Fridays. Collection to begin no earlier than 7 a.m. and no later than 6 p.m. Monday through Friday. Collection will be on the same day of every week. The Contracting Officers Representative (COR) shall contact the contractor to request for 40 cubic-yard, roll-off waste containers for delivery, intermittent pickup and final pickup.

2.

Contractor shall transport solid waste and recyclable products materials to a final disposal site in accordance with all applicable federal (40 CFR Part 257-258), state (AAC Title 18 Chapters 8 and 13, and ARS 49701 et. Seq.), and the City of Phoenix Solid Waste Management Code), Government solid waste and transportation regulations. All solid waste hauler’s licensure requirements to be complied with Disposal shall be made at a State of Arizona approved sanitary landfill.

B. The Contractor shall provide a total of (one (1) 34 cubic-yard stationary compactor, seven (7) 3-cubic yard and one (4) 8-cubic yard) recycling containers, solid waste rental containers to the Indian Health Service Phoenix Indian Medical Center, Phoenix, Arizona and as needed a total of 1 (one (40)cubic-yard) roll off open top waste container.

C. Storage Containers:

Containers shall be provided with durable tight fitting lids and/or sliding side panels. Contractor shall maintain dumpster containers in a clean, sanitary and rust free manner. Containers shall be washed, repainted or refinished as necessary. If equipped with drain holes, the contactor shall use drain plugs to make container vermin proof. The contractor shall close all lids upon emptying and clean up any spillage that occurs during the collection process. Containers shall be delivered one week after award of contract. Placement of containers shall be identified with the COR before containers are delivered.

D. Damages:

The Contractor shall be responsible for any repair or damage incurred to the buildings, curbs, railings, fences, and any other government property as a result of contractor errors or poor workmanship.

The number of containers at Phoenix Indian Medical Center includes:

1) Roll Off (34 YD Trash Compactor) – 1 container

2) Front Load (3-Cubic YD) – 7 containers

3) Front load (8 YD Recycle Bin) – 4 containers

4) Compactor – 1

5) Services shall also include intermittent use of one 40 cubic-yard, roll-off waste container and( 4) 8 cubic-yard, roll-off recyclable materials containers to Phoenix Indian Medical Center hospital, this service is needed for compliance with EPA waste removal and recyclable pickup requirements, infection controls, city codes and other federal, state, and local laws. As needed, the COR will coordinate with contractor for pickup of waste for transfer to a landfill for disposal.

Part I – The Schedule Section E – Inspection and Acceptance E-1 52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

Part I – The Schedule Section F – Deliveries and Performance

F-1 Period of Performance

Performance under this contract shall begin the 1st, of October 2021 and shall not extend beyond the completion date of September 30, 2026 unless the period is changed by written modification to the contract (see part II, Section I entitled “Option to Extend the Term of the Contract).

F-2 Performance Conditions

a) This contract is a non-personal services contract, as defined in FAR 37.101, under which the contractor is an independent contractor.

b) The contractor shall perform the services described independently of Government Supervision except as stated therein.

c) No employer-employee relations exists. Direct supervision aspects of the relationship can be minimized to where they are incidental to the services required and are for administrative guidance only.

d) None of the services furnished under the Statement of Work shall be subcontracted or transferred to another Contractor or organization without the specific prior written approval of the Contracting Officer.

F-3 Deliverable Reports

The Contractor shall provide copies of all tipping reports form the Arizona state approved landfill where the solid waste is disposed of, to ensure compliance with all applicable federal, state, and tribal regulation for collection and disposal of solid waste.

F-4 Deliverable Instructions

The Contractor shall deliver the tipping receipts to the Contracting Officers Representative (COR) at PIMC along with the original monthly invoices.

Section G – Contract Administration

Designated Contracting Officers Representative (COR):

The COR for this contract is:

David Scott

4212 N. 16th St.

Phoenix, AZ. 85016

602- 581-6059

David.Scott@ihs.gov

1. The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

2. The major responsibility of the COR is to ensure Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

3. The COR shall be responsible for:

Monitoring the Contractor’s technical progress, including the surveillance and assignment of performance and recommending to the contracting Officer changes in requirements;

Interpreting Statement of Work;

Performing technical evaluation as required;

Performing technical inspection and acceptance required by the contract;

Assisting the contractor in the resolution of technical problems encountered during performance.

The COR’s responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

Contracting Officer:

The Contracting Officer is the only person with authority to act as the agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor for any costs incurred during the performance of this contract; or (5) otherwise changes any Terms and Conditions of this contract. The Government my unilaterally change it’s COR designation.

Part I – The Schedule Section H – Special Contract Requirements

H-1 Quality Control

A. The Contractor shall provide services under the terms of this contract with staff capable of providing proper and adequate services trained in proper safety measures for the public and the environment.

B. The Contractor shall be responsible for monitoring and evaluating the safety, quality and appropriateness of services provided and shall maintain a quality control program in accordance with local, state, and federal guidelines of regulated waste segregation and disposal.

H-2 Indemnity and Insurance

A. The Contractor shall indemnify and hold the Government harmless for any and all losses, damages, or liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of the Contractor, his employees, subcontractors, or agents under the contract. For the purpose of fulfilling his obligations under this paragraph, the Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer. The named insured parties under the policy shall be the Contractor, the United State of America, their agents, and their employees. The amount of the insurance shall be not less than $100,000 each person, $300,000 each occurrence and $100,000 property damage. The Contractor shall furnish to the Contracting Officer prior to commencement of the contract performance and as options to extend the term of the contract are exercised, evidence of insurance described herein.

B. Each policy of insurance shall contain an endorsement that cancellation by the insurance company shall not be effective unless a copy of the notice of cancellation is mailed (registered) to the Contracting Officer thirty (30) days prior to the effective date of cancelation.