W90VN919R0043_(Page_41-80).pdf

W90VN919R0043

(2) For Navy contracts: Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077.

(End of clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

Invoice 2in1

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC W90VN9

Admin DoDAAC** W90VN9

Inspect By DoDAAC ____

Ship To Code Not Applicable

Ship From Code Not Applicable

Mark For Code Not Applicable

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Not Applicable

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

5152.204-4032 REPRESENTATIONS AND CERTIFICATIONS

(a) SUBCONTRACTING:

If the offeror contemplates subcontracting, it must obtain prior written approval of subcontractor from the PCO or ACO, and list below: (1) the names and addresses of the subcontractor(s), (2) the type of subcontracting, and (3) the estimated price for each subcontract.

(b) AFFILIATED OFFERORS:

(1) Business concerns are affiliates of each other when, either directly or indirectly, one concern controls or has the power to control the other, or a third party controls or has the power to control both.

(2) Each offeror shall furnish, below, the following information:

(i) Whether the offeror has any affiliates;

(ii) The names and addresses of all affiliates of the offeror; and

(iii) The names and addresses of all persons and concerns exercising control or ownership of the offeror and any or all of its affiliates, and whether they are common officers, directors, stockholders holding controlling interest, or otherwise.

AFFILIATED CONCERNS. : (Name, location and, in detail, controlling interest in each)

(c) PRINCIPAL OWNER(S) OR STOCKHOLDER(S):

Each offeror shall list below the name(s) and address(es) of the principal owner(s) or stockholder(s) of the company and percentage of ownership. If a major portion is publicly traded and/or otherwise widely distributed, state that, with the percentage so affected.

(d) STANDARDS OF CONDUCT CERTIFICATION:

This is to certify that, to the best of my knowledge and belief, except as described below, no representative of this firm who deals with US Government employees on any aspect of this procurement is a former US Government employee, to include former US military personnel. I understand that this certification is continuing in nature and places a duty on me and my firm to notify the Contracting Officer of any additional individual(s) who fit the above description prior to the individual's assuming duties.

(i) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(ii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

(iii) Name ______________________________________________ Former rank/grade ____________________________________ Last US Government position ___________________________

Firm ____________________________________________________ Name _____________________________________________________ Signature __________________________________________________

Title _____________________________________________________ Date of Execution ____________________________________________

(e) TAXES:

(1) References:

(i) Contract clause entitled "FAR 52.229-06 Taxes—Foreign Fixed-Price Contracts (Jan 1991)."

(ii) US-ROK Status of Forces Agreement (SOFA), Articles IX and XVI.

(iii) ROK Customs Law, Law No. 1976, promulgated on 29 November 1967, as amended.

(iv) ROK Value Added Tax Law, Law No. 2934, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(v) ROK Special Excise Tax Law, Law No. 2935, promulgated on 22 December 1976 (effective date 1 July 1977), as amended.

(2) Contractor shall state the types and estimated amount of taxes that would normally apply to such transactions but are excluded from this proposal.

(i) Customs Tax (except for ROK MND-funded contracts or delivery orders):

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

This item will be imported specifically for this contract? Yes _____ No _____

(ii) Special Excise Tax:

Name Number Cost/Unit of Item of Units w/o Tax % of Tax Tax/Unit Tax Total

Name of item manufacturer

(iii) Value Added Tax (VAT):

Input VAT on materials purchased for this contract. 10% _____ Input VAT on transportation leased/rented for this contract.10% _____ Input VAT on equipment leased/rented for this contract. 10% _____ Input VAT on services purchased for this contract. 10% _____ Output VAT on total contract amount. 10% _____

(iv) Special Excise (Petroleum) Tax:

No. of U/P Liters w/o Tax Tax/Unit Total Tax Amount Regular Gasoline ________ (L) ________ w________ w_____________ Premium Gasoline ________ (L) ________ w________ w_____________ Diesel ________ (L) ________ w________ w_____________ Other ________ (L) ________ w________ w_____________

(v) Education Tax.

(3) Name of the oil company from which POL products will be purchased:

Oil Company: _________________________________________ (Name only)

(4) I certify by this submission that all supplies and services to be purchased for this contract have been proposed exclusive of Value Added Tax, applicable Customs Tax (except ROK MND-funded contracts and delivery orders), Special Excise Tax, and Education Tax.

Signed (Chop)

(f) CERTIFICATIONS AND REPRESENTATIONS

By submitting an offer, each offeror agrees to be bound by all certifications and representations in this solicitation.

The Government reserves the right to require any and all certifications and representations to be completed and signed in hard copy by the successful offeror prior to contract award. Failure of an offeror to complete the certifications and representations within the time directed by the Contracting Officer may result in a determination that the contractor is not a responsible offeror for this acquisition.

5152.222-4034 KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementation of Article IX of the Status of Forces Agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea customs duties and other such charges. At the time this contract is awarded, the Contractor shall certify to the Contracting Officer that all materials, supplies, and equipment to be imported for the contract have been proposed to the Government exclusive of customs duties and other such charges and; further, that the contract price includes no customs duty whatsoever. It shall indicate to the Contracting Officer the total amount of customs duties excluded from the contract price. The USFK Contracting Officer will verify the amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor. The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the time of import declaration. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs duties and other such charges. During the review process the customs office will post on the Contractor's Import Permit the anticipated submission date for a completed USFK Form 76, which will be prepared by the Contracting Officer and given to the contractor immediately after contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submitted by the anticipated date, the ROK Customs Office will immediately collect the customs duties and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs duties on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such duties from the contract price and may obtain refund of such previously paid duties by submitting a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs duties and other such charges on items used for USFK contracts, can claim refund of such charges by submitting a copy of a completed USFK Form 76 to the governing ROK Customs Office

(d) This entire clause is inapplicable to contracts, or any portions of contracts, funded by the Republic of Korea.

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States, granting Contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor shall indicate to the Contracting Officer which items will be purchased for the contract that are subject to Special Excise Tax. It shall indicate the name of the item, the number of units to be purchased, the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed and ensure that the Contractor has certified that the contract price excludes Special Excise Tax on those items subject to the tax. The contractor shall purchase the special-excise-taxed items from the manufacturer, tax-inclusive. For construction and single-delivery type supply and service contracts, the contractor shall employ the following procedure: At the time it purchases the items it shall present the manufacturer with a notification letter requesting refund of the Special Excise Tax. (Copies of this letter can be obtained from the 411th CSB, Korea Contracting Officer.) The manufacturer will endorse the letter to the manufacturer's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Requests for refund under requirements-type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issue

5152.229-4014 TAX EXEMPTION, VALUE ADDED TAX, REPUBLIC OF KOREA

This clause implements Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts contractors from paying the Republic of Korea Value-Added Taxes.

When the contractor submits an offer, it shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any Value-Added Tax; and further, that the proposed contract price includes no Value-Added Tax. The contractor shall also indicate the amount and type of Value-Added Taxes excluded from the contract price. If supplies and/or services which the contractor purchases for this contract include Value-Added Taxes, it can obtain a full refund for the amount of the Value-Added Tax by submitting to the ROK District Tax Office tax invoices which the contractor receives when it purchases materials and/or services for this contract. The contractor must submit a copy of the USFK contract with its first tax invoice submission. Subsequent tax invoice submissions must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

(a) This clause is in implementation of Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, granting Contractors exemption from Republic of Korea taxes for petroleum products (POL) utilized on USFK acquisitions in the Republic of Korea. At the time this contract is awarded, the Contractor shall make a final nomination in writing of its point of purchase for POL products to be used on this contract. If the Contractor intends to purchase directly from an oil company refinery, it may nominate any of the three ROK oil companies below which have agreed to sell to Contractor FOB refinery at the SET-exempt price.

List of Oil Companies and their Respective Tax Offices

(1) Hyundai Oil Refinery Co., Ltd.: Dong-Inchon District Tax Office ATTN: POL Tax Administrator

Inchon City, Korea

(2) SK Corporation: Ulsan District Tax Office ATTN: POL Tax Administrator Ulsan City, Kyongsan Nam Do, Korea

(3) LG Caltex Company: Yosu District Tax Office ATTN: POL Tax Administrator Yosu City, Chonla Nam Do, Korea

(b) If the contractor instead intends to purchase its POL products from an individual gasoline station, the Contracting Officer will advise the contractor as to which individual gasoline stations will sell to it at the SET-exempt price. The contractor shall specify from which of those stations it will purchase. In addition to specifying the oil company/gas station, the Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station. The USFK Contracting Officer will verify the reasonableness of the amounts of POL products claimed for use on the contract and, based on this verification, the USFK Responsible Officer will issue USFK POL Tax Exemption Coupons. If the Contractor wishes to purchase from an individual gas station, it will be required to make advance payment for the amount of POL covered by the coupons. Advance payment will be at the SET-exempt price and will be made to the gas station(s) previously nominated. Representatives from the nominated gas station(s) shall be present at the issuing session. They will collect the advance payments, mark “paid” on the back of the original copy of the coupons issued, and provide the purchasing Contractor with tax invoices to be used by the Contractor to obtain SET refund from its governing ROK District Tax Office. All coupons for construction contracts will be issued at the time of award. Coupons for requirements-type contracts will be issued on a delivery order increment basis or on a monthly basis. Pre-selected oil company refineries will sell their POL products at the SET-exempted prices upon presentation of the coupons. Individual gas stations, which have previously collected POL payment in advance will accept the pre-paid USFK POL Tax Exemption Coupons from contractors and will provide the POL amounts reflected on tendered coupons without any further charge.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840

The AMC-Ievel protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Custodial Service and Food/ Medical Waste Collection, Transportation and Disposal Services for

Commander, Fleet Activities Chinhae, South Korea

PART 1

GENERAL INFORMATION

1. GENERAL: The Government will award a Firm-Fixed-Price with Requirements type contract.

1.1. BACKGROUND: This is a non-personnel services contract at Commander, Fleet Activities Chinhae (Chinhae, Republic of Korea ((ROK)). 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.

1.1.1. Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0800- 1700 hours Monday through Friday except Korean holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce at all times for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the aforementioned reasons in this paragraph. Requests for work outside of regular hours must be made in writing 5 working days in advance to the Contracting Officer.

1.1.2. Recognized Holidays:

The contractor is not required to perform services on holidays.

1 January New Year's Day 3rd Monday, January Dr. King's Birthday 3rd Monday, February President's Day Last Monday, May Memorial Day 4 July Independence Day 1st Monday, September Labor Day 2nd Monday, October Columbus Day 11 November Veterans' Day 4th Thursday, November Thanksgiving Day 25 December Christmas Day

ROK legal holidays:

1 and 2 January New Year 31 December, 1 and 2 January on the Lunar Calendar

Lunar New Year

1 March Independence Movement Day 1 May Labor Day 5 May Children's Day 8 April on the Lunar Calendar Buddha's Birthday

6 June Memorial Day 17 July Constitution Day 15 August Liberation Day 14, 15, and 16 August on the Lunar Calendar

Chu-Suk

3 October National Foundation Day 9 October Hangul Day 25 December Christmas Day

1.2. SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform facilities Custodial Services, Food Waste Collection and Disposal Services and Medical Waste Collection, Transportation and Disposal Services at Commander, Fleet Activities Chinhae (Chinhae, Republic of Korea ((ROK)).

1.2.1. This service will be performed in various facilities, which shall include living quarters, retail outlets, recreation facilities, offices, warehouses, medical facilities, aircraft shelters, automotive garages, and other miscellaneous structures at Commander, Fleet Activities Chinhae, Commander Naval Forces Korea

1.2.2. The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3. SAFETY REQUIREMENTS: The Contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA).

1.4. SECURITY REQUIREMENTS: The Contractor shall be responsible for the security of all Soldier information.

1.4.1. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.4.2. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer.

1.4.3. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period.

1.4.4. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government.

These files/results must be surrendered to the COR.

1.4.7. IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.5. PERFORMANCE QUALITY: The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified in Section 5 of the PWS. Within thirty calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and within 5 working days when changes are made thereafter.

1.6. PHASE IN /PHASE OUT PERIOD. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, at no additional cost to the government, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with PWS requirements in order to commence full performance of services on the contract start date.

1.7. PERIOD OF PERFORMANCE

Period of Performance

Base Period (6 Month) 01 AUG 2019 thru 31 JAN 2020

1st Option Year 01 FEB 2020 thru 31 JAN 2021

2nd Option Year 01 FEB 2021 thru 31 JAN 2022

PART2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. ACTUAL TONNAGE. Weight of refuse, covered under this contract that is delivered for disposal at a disposal facility. Not to be mixed with other refuse collected from areas not covered under this contract.

2.1.2. ASH URN. Receptacle specifically used for the disposal of cigarettes, cigars, and other smoking product waste.

2.1.3. CDC. Child Development Center, a building or area used for care of children.

2.1.4. CLEAN. Free of dust, spots, streaks, graffiti, smudges, smears, litter, bugs, debris, liquids, and other foreign debris.

2.1.5. CLEANING. Physically removing all dirt and contamination, oftentimes using soap and water. The friction of cleaning removes most germs and exposes any remaining germs to the effects of a sanitizer or disinfectant used later.

2.1.6. COATING. Applying a sealing coat (or finish) to a floor, sometimes referred to as waxing.

2.1.7. CONTAINER. A receptacle designed for holding and transporting various types of solid waste supplier or vendor awarded a contract to provide specific supplies or service to the government.

2.1.8. CONTRACTOR ACQUIRED PROPERTY. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.9. CONTRACTOR. The term as used in this contract refers to the prime.

2.1.10. CONTRACTING OFFICER. A person with authority to enter into, administer, or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.11. 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 as long as 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.

2.1.12. DAY. Unless otherwise specified, means calendar day.

2.1.13. DEBRIS. Includes, but not limited to, paper, cans, bottles, large limbs and branches, grass cuttings, street sweepings, and other similar waste items.

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

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

2.1.16. DISINFECTING. Destroying or inactivating most germs of any inanimate object, but not bacterial spores.

2.1.17. EQUIPMENT. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.18. ENVIRONMENTAL LICENSES AND PERMITS. The contractors Handling, Transporting, Treating, and Disposing of medical waste shall be licensed as per Korean laws and regulations. Copies of all licenses and permits shall be supplied to the Government for review and record keeping prior to start of any work under this contract

2.1.19. GARBAGE. Animal and vegetable waste (and containers thereof) resulting from the handling, preparation, cooking, and consumption of foods.

2.1.20. GREEN WASTE. Organic material from plants such as tree, shrub, and ground/yard trimmings and cuttings.

2.1.21. GOVERNMENT FURNISHED PROPERTY. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government- furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.22. GOVERNMENT PROPERTY. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.23. HAZARDOUS SUBSTANCE. As defined in KEGS.

2.1.24. HAZARDOUS WASTE. a solid waste or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

2.1.25. HAZARDOUS WASTE STORAGE AREA. As defined in the KEGS.

2.1.26. INDUSTRIAL WASTE. Building materials, and rubble resulting from construction, remodeling, repair, and demolition operations of pavements, residences, buildings, and other structures.

2.1.27. INTERIOR GLASS SURFACES. All glass, plexi-glass, transparent or semi-transparent plastic surfaces within a building. Including, but not limited to, walls, doors, room dividers, display cases, etc.

2.1.28. 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 411th CSB 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. The prime contractor is responsible for performance of all subcontractors.

2.1.29. LOT. the total number of potential service outputs in a surveillance period.

2.1.30. LUNCH/BREAK ROOM. Room designate for use of employees to store, prepare, and consume meals.

2.1.31. MATERIAL. property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item.

Material does not include equipment, special tooling, and special test equipment or real property.

2.1.32. MAINTENANCE. Includes both scheduled repairs (preventative maintenance) and unscheduled, non-emergency repairs (defined in UFC 3-601-02 as self-evident or “fix-it-when-it-breaks”). Emergency repairs are otherwise provided for in this contract. To restore by replacing part(s) or correcting other defects in the system and returning the system back to its original operating condition after malfunction. Requiring less than four man-hours and only bench stock parts.

2.1.33. MANIFESTING. Manifesting is described in KEGS and is required for the transportation off installation of all industrial and medical waste. Korean forms shall be used when the destination is a Korean facility. The installation commanding officer (ICO) or the ICO’s designated representative shall retain signature authority for manifests.

2.1.34. MEMORANDUMS OF AGREEMENT / UNDERSTANDING (MOA / MOU). The ICO or his designated representative shall retain signature authority for all MOAs and MOUs.

2.1.35. NON-PERSONAL SERVICES. The personnel rendering the services are not subject. either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.36. PERFORMANCE RATING. Evaluation by COR of Contractor’s performance using Contract Performance Report (CPR) or CORT at WAWF (https://wawf.eb.mil) for documenting quality of Contractor’s services.

2.1.37. PERFORMANCE REQUIREMENT. The point is that divides acceptable and unacceptable performance according to the performance requirement summary and the Inspection of Services clause. It is the number of defectives or maximum percent defective in the lot that is deemed acceptable. Requiring less than eight man-hours and only bench stock parts.

2.1.38. PERFORMANCE REQUIREMENT SUMMARY. 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.

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

2.1.40. PROPERTY. all tangible property, both real and personal.

2.1.41. PROPERTY ADMINISTRATOR. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.42. 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 purposes of this RFP/contract, quality assurance refers to actions by the Government.

2.1.43. QUALITY ASSURANCE SURVEILLANCE PLAN. An organized document written by the government specifying the surveillance methodology used for surveillance of Contractor performance.

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

2.1.45. REAL PROPERTY. See Federal Management Regulation 102-71.20 (41 CFR102-71.20).

2.1.46. RECYCLABLE WASTE. Waste material which can be transformed into new products in such a manner that the original product may lose its identity.

2.1.47. REFUSE. Refuse as defined for this contract includes, but is not limited to, bio-solids, green waste, commercial (office) waste, residential waste, industrial waste, garbage, and special handling waste. Not included as refuse are explosive and incendiary waste and contaminated waste from medical and radiological processes.

2.1.48. RESTROOM. A room or facility with sinks, urinals, toilets, showers and other similar fixtures.

2.1.49. RUBBISH. a variety of unsalvageable waste materials such as metal, glass, crockery, floor sweepings, wrapping, containers, cartons, and similar articles not used in preparing or dispensing food.

2.1.50. SAMPLE. A sample consists of one or more service outputs drawn from a lot for quality assurance surveillance.

2.1.51. SANITARY. free of microorganisms.

2.1.52. SERVICE CLASS. Category that describes frequency of work for each work item.

Sightly. attractive, tasteful, or pleasing to the sight and consistent with its intended use.

2.1.53. SOLID WASTE. Refuse, rubbish and other discarded solid materials resulting from commercial, industrial, residential, and community activities.

2.1.54. SPACE. an area to receive janitorial services which may or may not be considered a room by common definition, e.g., definable sections of hallways, stairwells, lobbies, offices, entrances, and elevators.

2.1.55. SPILLAGE. Any refuse dislodged from containers and/or solid waste collecting equipment in the course of collection and disposal.

2.1.56. SUBCONTRACTOR. One that enters into a subcontract and assumes some of the obligations of the primary Contractor.

2.1.57. TREATMENT, Storage and Disposal Facility (TSDF). Facilities that are permitted by Korean regulations to provide treatment, storage and disposal services for hazardous waste.

2.1.58. WASTE CONTAINERS. Trash receptacles, wastebaskets, trashcans, wastepaper baskets, or any container holding trash, paper, or refuse of any kind.

2.1.59. WASTE DEPOSIT AREA. Designated points where solid wastes will be placed for collection by the Contractor. May also be referred to as a collection station, collection point, pick-up stations, or collection site.

2.1.60. WINDOW. Any glass opening on the exterior wall of a building or facility. Includes the interior and exterior of the glass, sill, frame. as well as the associated screens and storm windows.

2.1.61. WORK DAY. The number of hours per day the Contractor provides services.

2.1.62. WORK WEEK. Is defined as Monday through Sunday (dependent on workload and mobilization requirements).

2.1.63. YOUTH CENTER. A building or area used for the care and recreation of older children and adolescents.

2.2. ACRONYMS: List all acronyms used in the PWS and what they represent.

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAP Contractor Acquired Property CFR Code of Federal Regulations CM Contract Manager 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) 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 (the only person that can obligate the government and approve modifications to the contract) MEDCOM U.S. Army Medical Command MTF Medical Treatment Facility NTE Not To Exceed OCONUS Outside Continental United States (includes Alaska and Hawaii) OTSG Office of The Surgeon General, U.S. Army PIPO Phase In/Phase Out POC Point of Contact 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 WAWF Wide Area Work Flow

PART3

GOVERNMENT FURNISHED ITEMS AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: The Government will provide all utilities in the facility and will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish required cleaning.

3.1. GOVERNMENT QUALITY ASSURANCE (QA).

3.1.1. The Government will use the QA Surveillance Plan (QASP) to evaluate the Contractor’s performance of tasks listed in the performance requirements summary (PRS) pf Part 7 of this contract to ensure the contractor’s performance meets standards as specified in this PWS. For those tasks listed on the PRS, the COR will follow the QASP methods of surveillance in this contract. Government personnel will record all surveillance observations.

When an observation indicates defective performance, the COR will require the Contract Manager (CM) to initial the observation. Initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that they have been made aware of defective performance. Government surveillance of tasks not listed in the PRS by methods other than those listed in the PRS may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions.

Any action taken by the Contracting Officer (KO) as a result of surveillance will be IAW the terms of this contract.

3.1.2. Performance Evaluation Meetings: The KO may require the Contract Manager to meet with the COR, and other Government personnel as deemed necessary. The Contractor may request a meeting with the KO when they believe such a meeting is necessary. Written minutes of any such meeting shall be recorded in the contract file and signed by the contract managers and the COR or contract administrator. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the COR within 10 calendar days following receipt of the minutes

PART 4

CONTRACTOR FURNISHED ITEMS AND RESPONSIBLITIES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under section 3 of this statement.

4.1. PERSONNEL QUALIFICATIONS. An outline of qualifications for the Contractor staff is given below:

4.1.1. Contract Manager (CM): The CM shall be a full-time CM and physically present at a central site of the Contractor’s choosing during normal duty hours to handle any problems/complaints that may occur, conduct overall management, coordination, and furnish liaison with the Government and shall be responsible for the overall performance of services under this Contract. The CM shall have at least two (2) years of satisfactory experience within the past five (5) years as CM in managing similarly related projects. The historical work evidence of the Contractor and resume/qualification of the CM shall be submitted as part of the contractor’s technical proposal. The CM shall be given authority to make on-site decisions on behalf of the Contractor on contractual matters.

The CM shall be available during normal duty hours (0800-1700, Monday thru Friday) and shall respond within two

(2) hours to any requested meetings to discuss performance of this contract with the COR and/or the KO. After normal duty hours, the CM shall be available within four (4) hours of notice.

The Contractor shall ensure that communications between the CM and Contractor employees are established within 30 minutes of any notification delivered to CM by the COR during normal work hour.

The CM shall be able to read, write, speak and understand English efficiently.

The CM shall have full authority to act or make decisions for the Contractor on all contract matters pertaining to the operations and execution of the services listed.

The CM shall fully understand the requirements of this contract and shall report to the COR any problems encountered in any of the facilities covered by this contract. The CM shall demonstrate adequate knowledge of equipment, tools and techniques, and shall be able to recognize situations or circumstances defined in this PWS that may be hazardous to the facilities or to personnel. Immediately upon recognition of such situations and/or circumstances, the CM shall notify the COR.

Upon the request of the KO or COR, the CM shall make himself/herself present to discuss contract performance at a date and time specified in the request.

4.2. MATERIALS. The Contractor shall:

4.2.1. Furnish materials, supplies, and equipment necessary to meet the requirements for the provision of services established under the terms of this contract.

4.3. EQUIPMENT. The Contractor shall:

4.3.1. The Contractor shall furnish all equipment and tools necessary to properly perform the work defined in this contract.

4.3.2. All Contractor equipment shall be safe, noise limiting and in a safe operating condition at all times. Any equipment found to be defective by the COR shall either be repaired, replaced, or removed by the Contractor, at the Contractor's expense.

4.3.3. The Contractor’s equipment shall be in good operational condition and have the ability to operate efficiently and safely. The Contractor shall provide a list of equipment and tools proposed under this contract to the Contracting Officer’s Representative (COR) 10 days after contract award.

4.3.4. The Contractor shall be responsible for providing and using appropriate safety equipment and gear for performance under this contract to prevent Contractor injuries and warn the general public.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. GENERAL TASKS

5.1.1. Prior to the Contractor starting contracted services, the Contractor shall notify the COR and the installation facility managers of COMFLEACT Chinhae, ROK in writing of the intended work to be accomplished. The Contractor shall provide and inform the COR the facility number(s) and how long the scheduled or unscheduled services of the facility(ies) will be required.

5.1.2. The Contractor shall be responsible for notifying the COR and facility manager prior to scheduled or unscheduled work. The Contractor shall also be responsible to notify the COR and facility manager after completion of the scheduled or unscheduled work.

5.2. REQUIREMENTS

5.2.1. The Contractor shall be responsible for performing Custodial Services, Food Waste Collection and Disposal and Medical Waste Collection, Transportation and Disposal, unless otherwise directed. Additional information is described in Part 7 Attachments / Technical Exhibits of this contract.

5.2.1.1 The Contractor shall submit a complete service schedule for all contract requirements of this PWS 30 days prior to the start of work.

5.2.1.2 It will be the responsibility of the COR to coordinate and accept the Contractor’s requested work schedule no later than the 15th day of each month. The accepted work schedule will be returned to the Contractor. If the schedule is not accepted it shall be re-accomplished and resubmitted to the COR. In the event that there is a conflict in the Contractor's work schedule, the Contractor shall immediately notify the COR and reschedule the work.

5.2.1.3 For each day that performance of work is required, the Contractor shall report to the COR between the hours of 09:00 to 09:30 and before close of business at 16:30. The COR will inform the Contractor of any work orders which have been received which require immediate corrective action(s) by the Contractor. Any problems which the Contractor encounters when performing contracted services shall be immediately reported to the COR, with the Contractor detailing the reason(s) that the contracted services cannot be accomplished as required.

5.2.2. Inspection: The Contractor shall establish and maintain an inspection and surveillance system in accordance with the FAR Clause 52.246-4, INSPECTION OF SERVICES – FIXED PRICE, to ensure that the work performed conforms to the contract requirements. All deficiencies noted in the internal compliance inspection shall be corrected in a timely manner. In all cases of inspections, the Contractor shall use the latest revision of any publication to accomplished work under this contract.

5.2.2.1 At the completion of the inspection, two (2) copies of the documented activities shall be submitted to the

COR

5.2.2.2 Testing: The Contractor shall comply with 29 CFR-1910.1030 at all times if personnel are performing…