W91151-15-R-0028_RFP_amendment_1 _15-R-0028 _FtHood _15mar16.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS/RESPONSES

QUESTIONS FROM INDUSTRY/RESPONSES FROM GOVERNMENT

QUESTION 1: Page 52, Section 1.20.2.1 Alternate Project Manager (APM) – This section states that “The APM shall meet the same personnel requirements as the PM…” Is government requiring that this individual be a registered Professional Engineer or will a Class A, Manager of Landfill Operations License suffice?

RESPONSE 1: The Government is willing to accept a Class A, Manager of Landfill Operations license in lieu of the registered Professional Engineers License for the Alternate PM, not to exceed 30 days. The PWS has been revised to reflect this change.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

SOLID WASTE MANAGEMENT SERVICES FOR DPW

FORT HOOD, TEXAS

TABLE OF CONTENTS

PART 1 – GENERAL INFORMATION

1.1.

Description of Services/Introduction

1.2.

Background

1.3.

Objective

1.4.

Scope

1.5.

Period of Performance

1.6.

General Information

1.7.

Security Requirements

1.8.

Disclosure of Information

1.9.

Key Control

1.10.

Access to Secure Areas

1.11.

Safety Standards

1.12.

Interface with Government Operations

1.13.

Energy Conservation

1.14.

Fraud, Waste, and Abuse

1.15.

Recycling

1.16.

Fire Protection

1.17.

Smoking

1.18.

Environmental Requirements

1.19.

Contractor Organization

1.20.

Contractor Personnel

1.21.

Identification of Contractor Employees

1.22.

Vehicle Registration

1.23.

Files

1.24.

Post Award Conference/Periodic Progress Meetings

1.25.

Government Responsibility to Regulatory Agencies

1.26.

Contractor Responsibility to Regulatory Agencies

PART 2 - DEFINITIONS/ACRONYMS

2.1.

Definitions

2.2.

Technical Definitions

2.3.

Acronyms

PART 3 - GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES

3.1.

Space Assignment

3.2.

Facilities

3.3.

Utilities

3.4.

Landfill Scales

3.5.

Fuel Depot

3.6.

Clarus Parts Washer

3.7.

Government Furnished Services

PART 4 - CONTRACTOR FURNISHED PROPERTY

4.1.

General Information

4.2.

Communications Equipment

4.3.

Contractor Buildings

4.4.

Contractor’s Yard

4.5.

Vehicles and Equipment

4.6.

Solid Waste Containers

4.7.

Automation Support Equipment

4.8.

Recycling Services

4.9.

Materials and Supplies

4.10

Permits

PART 5 - SPECIFIC TASKS

5.1.

Refuse Work in Cantonment Areas

5.2.

Compost Work in Cantonment Areas

5.3.

Compost Center Operation

5.4.

Grease Trap Service

5.5.

Landfill Operation

5.6.

Landfill Construction

5.7.

Plans

5.8.

Schedules

5.9.

Work Control, Records and Reports

5.10.

Training

5.11.

Post Award Conference / Periodic Progress Meetings

5.12.

Antiterrorism Training

5.13.

iWATCH Training

5.14.

Contractor Manpower Report

PART 6 - APPLICABLE PUBLICATIONS

6.1.

General

6.2.

Abbreviations Associated with Publications

6.3.

Location of Publications and Forms

6.4.

Publications

PERFORMANCE WORK STATEMENT (PWS)

SOLID WASTE MANAGEMENT SERVICES CONTRACT FOR DPW

FORT HOOD, TEXAS

PART 1

GENERAL INFORMATION

1. General. This is a non-personnel services contract to provide Solid Waste Management services in support of the Directorate of Public Works (DPW). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction. The Contractor shall provide personnel, management, labor, tools, equipment, materials, and supplies and any other items and services, not identified as Government furnished in Part 3- Government Furnished Property (GFP) and Services, necessary to perform the Solid Waste Management services as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards and specifications in this contract.

1.2. Background. This contract encompasses performance of municipal solid waste services required throughout Fort Hood. These services shall be provided at various locations throughout the Main Cantonment (MC), North Fort Hood (NFH), West Fort Hood (WFH) and the East and West range training areas. Throughout the term of the contract, Fort Hood will demolish and construct various buildings and structures, but the overall impact on contract services will be minimal. The Fort Hood Landfill is a Type I Municipal Solid Waste Landfill with municipal solid waste (MSW) cells and a Special Waste Trench for the disposal of Class I non-hazardous waste. A Fort Hood Base Map is available at DPW.

1.3. Objective. The objective for performance under this contract is to provide Solid Waste Management services to maintain the Fort Hood Landfill and the Garrison in a sanitary status.

1.4. Scope. The Contractor shall perform all contract work in accordance with (IAW) the Texas Commission on Environmental Quality (TCEQ), the Solid Waste Disposal Act (SWDA) of 1976, as amended, 42 U.S.C. 6901, commonly referred to as the Resource Conservation and Recovery Act (RCRA) of 1976, National Environmental Policy Act (NEPA), Texas Civil Statues, Health and Safety Code, Chapter 361 (also referred to as the Texas Solid Waste Disposal Act), 30 Texas Administrative Code (TAC) 330 as amended, Clean Air Act(CAA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 40 Code of Federal Regulations (CFR), Part 257, Evaluating Existing Landfill Sites, and 40 CFR 258, Municipal Solid Waste Facilities, as amended, which implement certain requirements of RCRA Subtitle D. The contract includes these functions and the tasks associated with their accomplishment:

1. All refuse collection and disposal for the cantonment areas;

2. All collection of wood waste, manure, vegetative waste and other authorized compostable material and delivery to the Fort Hood Compost Center;

3. Operation of the current Fort Hood Compost Center;

4. All cleaning of grease traps and collection of grease trap waste from Garrison and reimbursable food service facilities on Fort Hood and disposal IAW contract specifications;

5. Complete operation of the Fort Hood Landfill, for both municipal solid waste and special waste;

6. All construction at the Fort Hood Landfill for municipal solid waste; and

7. Other work.

The Contractor shall perform to the standards and specifications in this performance work statement.

1.5. Period of Performance (POP). The period of performance shall be for one 60 month ordering period. The Period of Performance reads as follows:

1 June 2016 – 31 May 2021

1.6. General Information.

1.6.1. Quality Assurance. The Government will evaluate the contractor’s performance under this contract in accordance with a Quality Assurance Surveillance Plan (QASP) that is tailored specifically to this contract. The QASP will be used to evaluate Contractor actions while implementing the PWS. It is designed to provide an effective surveillance method to monitor Contractor performance for each objective listed on the Performance Requirements Summary (PRS). This plan is for the Government’s use and is not provided to the Contractor for any purpose. The Contractor is solely responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved. The standards of performance of services performed under this contract are listed in the PRS. The PRS is referenced in TE L.

1.6.2. Recognized Holidays. Contractor performance shall be required on the legal federal holidays listed below. Holidays occurring on weekends will be observed as directed by the published Army calendar.

New Years Day

1st of January

Martin Luther King Jr.’s Birthday

3rd Monday in January

President’s Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4th of July

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

11th of November

Thanksgiving Day

4th Thursday in November

Christmas Day

25th of December

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. This list of holidays relates to Government duty days, and is not intended to supplement or otherwise alter the provisions of the Wage Determination regarding paid holidays.

1.6.3. Standard Hours of Operation. The Contractor is responsible for conducting business, between the hours of 0730 - 1700 seven (7) days per week, including legal public holidays.

1.6.3.1 Other Than Standard Hours of Operation. The Contractor may be required to work outside of the standard hours of operation if necessary. The Contractor shall NOT work outside of the standard hours of operation unless they have received written authorization from the Contracting Officer prior to performing work. Working outside the standard hours of operation shall be at no additional cost to the Government.

1.6.4. Place of Performance. The work to be performed under this contract shall be performed at Fort Hood, Texas which consists of the Main Cantonment, West Fort Hood, North Fort Hood East range and West range areas. Fort Hood is located approximately 60 miles north of Austin, Texas and 50 miles south of Waco, Texas. The Main Cantonment area is approximately 20 miles west of Interstate Highway 35, Belton, Texas, and adjacent to Killeen, Texas. West Fort Hood is immediately adjacent to the Main Cantonment and North Fort Hood is approximately 25 miles north of the Main Cantonment. Maps of the Main Cantonment, West Fort Hood, North Fort Hood, East range and West range areas are available upon contract award.

1.7. Security Requirements. Contractor personnel and any representative of the Contractor entering Fort Hood, Texas, shall abide by all security regulations and shall be subject to security checks. Contractor personnel and property shall be subject to search and seizure upon entering the confines of Fort Hood, Texas, while on Fort Hood, Texas, and upon leaving the confines of Fort Hood, Texas. The Contractor shall be responsible for assuring all Contractor personnel authorized to perform work under this contract obtain installation access as required by DOD Directive 4630.5 - Interoperability and Supportability of Information Technology (IT) and National Security Systems (NSS) 23 April 2007. Government furnished identification, including visitor passes, shall be returned to the Contracting Officer when an employee no longer performs work for the Contractor under this contract. Contractors will provide contractor employee information as required by the Contracting Officer

1.7.1. Physical Security. The Contractor shall comply with FHR 190-8 - Administration and Management of Physical Security 4 March 2011, and be responsible for security of all facilities, materials and equipment utilized during the performance period. In case of forced entry or theft, the Contractor shall notify the Provost Marshall’s Office (PMO) immediately and cooperate in the investigation. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government property shall be secured.

1.8. Disclosure of Information. Performance under this contract may require the Contractor to access data and information proprietary to a government agency, another Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge nor release data nor information developed or obtained under performance of this work statement, except as authorized, in writing, by the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as specified in this work statement. This is not a classified contract; Contractor personnel will not be subject to viewing classified items and information. No security clearances are required.

1.8.1. Disclosure of information regarding operations and services of the activity to persons not entitled to receive it, or failure to safeguard any classified information that may come to the Contractor (or any persons under the Contractor’s control) in connection with work under this work statement, may subject the Contractor, Contractor’s agent, or employees to criminal liability under 18 U.S. § 793 : US Code - Section 793: Gathering, transmitting or losing defense information and 18 USC § 798 - Disclosure of classified information. Neither the Contractor, nor the Contractor’s employees, shall disclose or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activities’ security or interrupt the continuity of its operation.

1.8.2. The Contractor shall direct to the Contracting Officer all inquiries, comments, or complaints arising from matters observed, experienced, or learned as a result of, or in connection with the performance of this contract, the resolution of which may require the dissemination of official information.

1.8.3. Inquiries received by the Contractor regarding work performed under this contract shall be referred to the Contracting Officer for evaluation under Public Law 93-502, 5 U.S., and Section 552 - Freedom of Information Act of 1975. The determination of whether records will be released will remain with the Government. The Contractor shall be responsible for search and submission of records upon request by the Contracting Officer.

1.8.4. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) regarding any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the Contracting Officer. All documentation showing individuals’ names or other personal information will be controlled and protected. The provisions of Public Law 93-579, 5 U.S., and Section 552a - Privacy Act of 1974 shall apply.

1.9. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the QC Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer. Verbal reports must be confirmed in writing within 24 hours.

1.9.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock(s); however, the Government, at its option, may replace the affected lock(s) or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock(s) shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.9.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.10. Access to Secure Areas. Contractor employees will be allowed access to facilities when properly identified on the Contractor’s employee roster, wearing identification badges, and complying with local security procedures. Contractor personnel may atypically experience minor delays such as those associated with entering secured areas or locating customers. The Contractor shall be responsible for obtaining access to buildings, yards, fenced enclosures, and any other area, and arranging for the facilities and areas to be opened and closed.

1.11. Safety Standards. Contractor personnel shall comply with accepted industry safety standards including applicable safety precautions and guidelines contained in these publications at all times while performing work under this contract:

· EM-385-1-1 Safety and Health Requirements;

AR 385-10 The Army Safety Program 29 CFR 1910 Occupational Safety and Health Standards (General Industry).

1.11.1. Work Stop. The Contractor shall be responsible for the enforcement of all safety requirements for any work performed under the contract. If the Contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost, due to any such stop order, shall be made the subject of a claim for extension of time or additional costs or damages to the Contractor.

1.11.2. Hot Work. The Contractor shall obtain approval from the Fort Hood Fire Department prior to performing any hot work or work that will require the use of an open flame. All Contractor work performance shall be IAW FHR 420-1, Fire and Emergency Services (1 September 2007).

1.12. Interface with Government Operation. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled Government operational activities.

1.13. Energy Conservation. The Contractor shall observe energy conservation policies in accordance with (IAW) FHR 420-9, Energy Conservation Program 24 October 2007. Contractor personnel shall practice utilities conservation and shall operate under conditions that preclude waste of government furnished utilities.

1.14. Fraud, Waste, and Abuse. The Contractor shall be responsible for maintaining proper conduct and good discipline within contractor occupied work area(s). Contractor personnel shall be encouraged to be alert to and report suspected situations of fraud, waste, and abuse, or other dishonest conduct against the Government observed during or in the performance of this contract.

1.15. Recycling. The Contractor shall observe recycle program policies established by Fort Hood and published in FHR 420-6, Recycle Program 19 October 2007.

1.16. Fire Protection. The Contractor shall comply with AR 420-90, Fire and Emergency Services 4 October 2006, and FHR 420-1, Fire and Emergency Services 1 September 2007, for fire protection and fire prevention.

1.17. Smoking. The Contractor shall comply with AR 600-63, Army Health Promotion 7 September 2010, which establishes uniform policies governing the use of tobacco products in Government facilities and on Fort Hood.

1.18. Environmental Requirements. The Contractor shall comply with all federal, state, and local environmental protection laws, regulations, and standards referenced in FHR 200-1, Environment and Natural Resources, 29 April 2014. The Contractor shall comply with all other contract requirements for clean air, clean water, and toxic substances control (TSCA), pollution control, and resource conservation and recovery (RCRA). The Contractor shall designate an Energy Conservation Monitor and a Recycling Monitor in writing to the Contracting Officer no later than ten (10) days prior to the contract start date. All environmental protection matters or questions shall be coordinated with the Contracting Officer and the Chief, Directorate of Public Works (DPW) Environmental Division.

1.18.1. Environmental Management System (EMS). Fort Hood has implemented an EMS to proactively deal with the environmental impacts of its processes, activities, and services. Fort Hood offers EMS General Awareness Training in the form of a 12 minute video available at https://lmp.hood.army.mil. The Contractor shall ensure that its employees, and subcontractor personnel receive EMS General Awareness Training. The Contractor shall also ensure that all goods and services used under this contract do not deviate from the installation Environmental Policy, and objectives and targets of the EMS. The Contractor shall maintain a record of the training, and submit a roster to the Contracting Officer. This training shall be completed within thirty (30) days after contract start date.

1.19. Contractor’s Organization. The Contractor shall be licensed, registered, certified, qualified, and experienced in the State of Texas to provide the type of solid waste management services required by this contract. The Contractor shall submit, to the Contracting Officer, legible photocopies of all applicable updated licenses, registrations, certifications, and qualifications of the organization along with an organizational chart (similar to Technical Exhibit M), no later than 10 days prior to the Contract performance start date.

1.20. Contractor Personnel. The Contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this contract shall remain employees of the Contractor and will not be considered employees of the Government.

1.20.1. The Contractor shall not employ any person who is an employee of the United States Government or the Department of Defense (DOD), either military or civilian, if such employment would create a conflict of interest or be contrary to the policies contained in DOD Joint Ethics Regulation (JER), DOD 5500.7-R.

1.20.1.1. The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reason of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. IAW DOD Joint Ethics Regulation 5500.7-R and 18 USC § 1382 - Entering military, naval, or Coast Guard property 13 April 2006, the installation commander has the authority to bar individuals from the installation. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS.

1.20.1.2. Contractor personnel shall not wear any part of a military uniform while performing contract duties, nor clothing such as exercise suits, shorts, tank tops, or t-shirts. There shall be no objectionable messages or phrases on the clothing.

1.20.2. Project Manager (PM). The Contractor shall provide a PM on-site at the Fort Hood Landfill who shall be available to the Contracting Officer during the Landfill Operating Hours. The PM shall be the central point of contact with the Contracting Officer for performance of all work under the contract. The PM shall be responsible for the overall management and coordination on all matters pertaining to this contract and have the authority to act or make decisions for the Contractor. The Project Manager shall be a registered Professional Engineer in the “State of Texas” and be certified in all categories of work being supervised. The Contractor shall provide the name of the individual who is designated as the Project Manager and an updated legible photocopy of the individual’s Professional Engineer registration to the Contracting Officer ten (10) days prior to contract performance start date. The Contractor shall provide the Contracting Officer, in writing, a location (address) and local or toll-free telephone number where the Project Manager may be contacted during the ten (10) days prior to contract performance start date, and after the contract start date. The use of automated telephone recording systems and/or answering devices or services is not acceptable for this requirement. The PM shall be available 0730 - 1630 Monday through Friday except Federal holidays or when the Government facility is closed.

1.20.2.1. Alternate Project Manager (APM). The Contractor shall designate an APM who shall be authorized to act on behalf of the Contractor when the PM is not available. The APM shall meet the same personnel requirements as the PM (or possess a Class A, Manager of Landfill Operations license in lieu of the registered Professional Engineers License) and may fill in for a period not to exceed 30 consecutive calendar days, unless an exception is approved in advance by the Contracting Officer.

1.20.3. Minimum Personnel Requirements. All Contractor and subcontractor personnel shall be able to read, write and speak the English language. The Contractor shall provide proof of required licensure, registrations and/or certifications prior to commencement of work in the specific area of expertise. Such written proof shall be provided, in writing, to the Contracting Officer no later than five (5) business days prior to commencement of work in that area of expertise under each new work assignment. The Contractor shall ensure that its employees and/or agents acquire and maintain all required licenses and certifications current during the entire contract period. The Contractor shall be responsible for continually reviewing industry codes and standards, and local, State and Federal requirements to obtain certification for new licensing requirements as they are mandated. The Contractor shall comply with 30 Texas Administrative Code (TAC) Chapter 30, Occupational Licenses and Registrations.

1.20.3.1. Management Contact Information. The Contractor shall provide the name, address, work assignments, and telephone number(s) for the PM, APM, management, QC, and supervisory personnel to the Contracting Officer within ten (10) working days prior to the contract performance start date. The Contractor shall verbally notify the Contracting Officer of changes as they occur and provide written changes not later than twenty four (24) hours after effective date of the change. The Contractor shall provide cellular communication for the PM, APM, QC, and Supervisory personnel.

1.20.4. Personnel List. The Contractor shall submit to the Contracting Officer a written list of employees who will perform work under this contract no less than ten (10) calendar days prior to start of contract performance. This list shall include each employee’s name and work assignment. Changes shall be submitted not later than two (2) calendar days prior to implementation of the change. In emergency situations and cases of adverse actions where two (2) days notice is not possible, the Contractor shall submit the change in writing to the Contracting Officer not later than twenty four (24) hours after change is implemented.

1.21. Identification of Contractor Employees. All contract 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 contractor employees to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.21.1. Identification Badges. Contractor personnel on duty shall wear Contractor provided identification badges displaying at a minimum: company name, employee name, employee photo, contract title, contract number, and contract expiration date. Identification badges shall be worn on the front upper outer garment and visible at all times. The Contractor shall surrender these employee identification badges to the Contracting Officer upon termination of employment or completion of the contract.

1.22. Vehicle Registration. Vehicles entering Fort Hood, Texas, shall have a valid state license and shall be registered with the Vehicle Registration Section of PMO. Vehicles shall be registered prior to the commencement of contract work. State license and registration shall be maintained current during the time the vehicle is in use on this installation. Contractor personnel shall return registration decals to the PMO Vehicle Registration Section within twenty four (24) hours after termination or completion of work under this contract, when state license is no longer valid, or upon sale of the vehicle. Contractor personnel shall return visitor passes to the PMO Vehicle Registration Section immediately upon conclusion of the conduct of business authorized on the installation.

1.22.1. Vehicle Operation. Contractor personnel operating motor vehicles on the installation shall have a valid state operator’s license for the category of vehicle being operated and shall comply with FHR 190-5, Fort Hood Traffic Code, 30 April 2013, regarding motor vehicle use on the installation.

1.22.2. Contractor Vehicle Identification. Contractor owned or privately owned vehicles used in the performance of services under this contract on this installation shall be marked with the Contractor's company name and unique identification number on both sides of the vehicle in three (3) inch block letters of a color which contrasts with its background, as well as all required state and federal registration numbers. Contractor’s operating multiple Contractors owned vehicles on the installation may be required to place identifying numbers on the front and rear bumpers of the vehicles. The Contractor shall provide the Contracting Officer an electronic photograph of the company logo. The Contractor shall provide a list of vehicles (with their corresponding unique identification numbers) to the Contracting Officer five (5) calendar days after contract award date and one (1) day after any vehicle changes.

1.23. Files. The Contractor shall maintain complete and accurate files of documentation required under the terms of this contract in accordance with AR 25-1, Army Information Technology, and AR 25-400-2, The Army Records Information Management System. The Contractor shall not allow access to the files by any government agency, non-governmental agency, or individual unless specifically authorized by the Contracting Officer. Files shall be made available to the Contracting Officer upon request. All files will become the property of the Government and shall be turned over to the Contracting Officer at the completion or termination of this contract.

1.23.1 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials provided to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.24. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5 Post award Orientation. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance; and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.25 Contractor Responsibility to Regulatory Agencies. The Contractor shall be directly responsible to the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) in all matters within the scope of the Contract concerning compliance with federal, state and local law and protection of public health and the environment. The Contractor shall be subject to, and comply with all federal, state, interstate, and local requirements, both substantive and procedural (including any requirements for permits or reporting). The Contractor shall be responsible for resolving compliance issues that occur during the Contractor’s performance period and that result from Contractor’s negligence or actions.

1.25.1 Liability Coverage. The Contractor shall bear all risk associated with any negligence in complying with all federal, state, interstate, and local laws and regulations promulgated and/or enacted thereafter. Any additional costs associated with new or revised rules may be submitted to the Contracting Officer for consideration for a contract modification.

1.25.2 Regulatory Agency Inspections. The Contractor shall immediately notify the Contracting Officer of any inspection visit by representative(s) of any regulatory agency. The Contractor shall submit a written report of the visit, to the Contracting Officer, by the end of the next working day following completion of the inspection visit. This report shall include the representatives' names, titles, identification numbers, agencies, reason(s) for the visit, and comments or findings. The Contractor shall submit a copy of all reports received as a result of these visits to the Contracting Officer by the end of the next working day following receipt of the report. Any samples, reports, etc. shall be accompanied by a statement signed by the inspecting regulatory agency representative validating their authenticity.

1.25.3 Citations for Non-Compliance. All fines, penalties and corrective actions associated with citations, letters of non-compliance, or notices of violation, either verbal or written, issued by Federal, State, or Local regulatory agencies due to Contractor negligence or violation of applicable environmental regulations; shall be borne totally by the Contractor. The Government shall not be held liable for any fine or litigation resulting from the Contractor's actions or lack thereof. The Contractor shall notify the Contracting Officer in writing of all work required by Federal, State and Local regulatory agencies to satisfy any comments, findings and notices of violation associated with this contract. The notification shall be provided five (5) working days prior to the required submittal date of the regulatory agency.

1.26. Government Responsibility to Regulatory Agencies. The Government self-insures all payments or corrections required due to previous actions by the Government or previous Contractors at the Fort Hood landfill. The Government will pay all required state fees and registrations required for landfill operation and waste disposal on the Fort Hood installation.

PART 2

DEFINITIONS and ACRONYMS

2.1. DEFINITIONS.

2.1.1. Acceptable Quality Level (AQL). The maximum percentage defective or the maximum number of defects per hundred units that, for the purpose of a sampling inspection, can be considered satisfactory on the average. It is the allowable deviation from a standard before the Contracting Officer will reject the specific service. An AQL does not imply that the Contractor may knowingly perform in an unsatisfactory manner, but rather exerts a realization that perfect performance is not possible.

2.1.2. Act of God. Means events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible.

2.1.3. Cantonment. Includes all Fort Hood (Fort Hood (FH), West Fort Hood (WFH), North Fort Hood (NFH), and Belton Lake Outdoor Recreation Area (BLORA) except housing areas.

2.1.4. Contract Administrator. A person from the Mission Installation Contracting Command (MICC) who administers the contract. This person will be the main point of contact for the Contractor in resolving administrative matters.

2.1.5. Contract Discrepancy Report (CDR). A report initiated by the Government, which the Contractor is required to complete, whenever performance is unsatisfactory. The CDR requires the Contractor to explain in writing why performance was unsatisfactory, how performance will be returned to satisfactory levels, and the corrective action that will be taken to prevent recurrence.

2.1.6. Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

2.1.7. Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

2.1.8. 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.

2.1.9. Contractor Employee(s). The term Contractor Employee(s) applies to all Contractor and Subcontractor employees performing work on this contract.

2.1.10. Customer Complaints Inspection. Unscheduled surveillance of Contractor's work prompted by people receiving the service. The Quality Assurance Evaluator (QAE) may receive customer complaints about the Contractor's performance or quality of service. The QAE shall review the Contractor performance, verify the contract requirement, provide the Contractor notification of deficiencies, and require the Contractor to provide a callback service.

2.1.11. Defect. Each instance of noncompliance with a contract requirement. A defect may be caused by either nonperformance or poor performance. Each defect is subject to deductions.

2.1.12. Designated Representative. This is the representative established by the Contracting Officer to act as the Contracting Officer’s Representative or contract inspector. This individual may change per the Contracting Officer’s direction.

2.1.13. Directorate of Public Works (DPW). The directorate with the responsibility for maintenance of all facilities and grounds.

2.1.14. Government-Furnished Property (GFP). Means property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor. Government property includes both Government‑ furnished property and Contractor acquired property as defined in FAR 45.101.

2.1.15. Hazardous Materials. Materials that are designated by a Government technical representative as potentially hazardous and requiring safety controls (e.g. pesticides, herbicides, fertilizers). Any ignitable, corrosive, explosive, radioactive, reactive or toxic material that may pose a threat to human health or the environment; and the disposal and handling of which is regulated by Federal Law.

2.1.16. Material Safety Data Sheet (MSDS). A document that chemical manufacturers supply with their products to describe the chemical's general properties, its hazards, and how to safely use, handle, and store the product.

2.1.17. Immediately. Acting within thirty (30) minutes during normal Government working hours; and within one hour during other than normal Government working hours.

2.1.18. Inert Material. The inert material currently delivered to the Inert Material Management Facility (per Corps of Engineers Guide Specifications (CEGS) general spec 01368, section 1.3) as well as all the material stored in the area currently referred to as “the rubble pile”.

2.1.19. Inert Material Management Facility. Any area set-up for the exclusive storage and processing of all inert materials, to include soil. Area is also known/referred to as the inert material management unit (IMMU) and the rubble pile.

2.1.20. Lot. A collection of service outputs from which a sample is drawn and inspected to determine conformance with acceptance criteria.

2.1.21. Lot Size. The number of service outputs in a lot.

2.1.22. Management Information System Inspection. Surveillance of Contractor and Government records and reports, through any data or word processing system or report.

2.1.23. Normal Government Working Hours/Days. 0730 to 1600 hours Monday through Friday, excluding Federal holidays.

2.1.24. 100 Percent Inspection. Surveillance of the entire Contractor's work on a scheduled basis.

2.1.25. Paragraph. For the purpose of the contract, all instances within the contract text of the term "paragraph" shall be understood to include the stated or referenced paragraph and all levels of subparagraphs below the stated or referenced paragraph.

2.1.26. Performance Requirements Summary (PRS). A system and table that summarizes the work of the Contract, and how the work will be measured and the Contractor paid. Reference TE-L.

2.1.27. Performance Work Statement (PWS). A document that describes the essential requirements of the contract for the items, materials, or services to be provided and the standards to be met.

2.1.28. Privately Owned Property. For the purposes of this PWS, means property ownership by a non-governmental organization (e.g. privately owned vehicles).

2.1.29. Quality Assurance (QA). Those actions taken by the Government to determine that the services received meet the contract requirements.

2.1.30. Quality Assurance Evaluator (QAE). A Government person responsible for surveillance of contractor performance.

2.1.31. Quality Assurance Surveillance Plan (QASP). A written document used by the Government for quality assurance surveillance. The document is for Government use only and contains specific methods to perform surveillance of the contractor’s performance.

2.1.32. Quality Control (QC). Those actions taken by the Contractor to ensure that the standards and requirements of the contract are met.

2.1.33. Random Number Table. A table of numbers arranged in random fashion and used to select random samples.

2.1.34. Random Sample. A sampling method by which each service output in a lot has an equal chance of being selected.

2.1.35. Random Sampling Inspection. Inspection of recurring tasks using criteria from ANSI/ASQC-Z1.4, American National Standard, based on the lot size, sample size, and APL for each contract requirement; and following developed surveillance schedules. Lots used to identify inspection areas are described in the APL column of the PRS. Defects are computed for each task listed in the PRS with a designated APL.

2.1.36. Sample. A collection of service outputs drawn from a lot, being chosen on a random basis.

2.1.37. Task Value Percent. This is a short name for the "Deduction from Contract Price for Exceeding the APL," which sets forth the percentage of the Contract price (the proportion of required service to total Contract price) for each Contract requirement listed in the PRS. This percent is found in column five of the PRS.

2.1.38. Unscheduled Inspection. Surveillance of selected work on an unscheduled basis as determined necessary to assure a sufficient evaluation of Contractor's performance.

2.1.39. Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.40. Work Week. Monday through Friday, unless specified otherwise.

2.2. TECHNICAL DEFINITIONS

2.2.1. Aerobic. A biochemical process or condition occurring in the presence of oxygen.

2.2.2. Alternate Daily Cover (ADC). A material used instead of soil to cover the compacted refuse at the end of each day to save landfill space. The ADC is required to be at least as effective in controlling fires, disease vectors, odors, windblown litter, and scavenging as soil. An ADC requires the specific written approval of the TCEQ prior to use.

2.2.3. Alternate Daily Cover Operating Plan. A plan within the Permit Documents that details the characteristics of an Alternate Daily Cover (ADC), including a description and thickness of the alternate material; its effects on vectors, odors, fires, and windblown litter; operational methods for applying the material; chemical composition of the material and its MSDS; and any other pertinent information.

2.2.4. Anaerobic. A biochemical process or condition occurring in the absence of oxygen.

2.2.5. Brush. Cuttings or trimmings from trees, shrubs, or lawns and similar materials.

2.2.6. Buffer Zone. Neutral area that acts as a protective barrier free of municipal solid waste processing and disposal activities, adjacent to the site boundary. An area that serves to minimize the impact of pollutants on the environment or public health. For example, a buffer zone is established between a composting facility and neighboring residents to minimize odor problems.

2.2.7. Bulky Waste (large items). Large items of refuse including, but not limited to, appliances, furniture, large auto parts, non-hazardous construction and demolition materials, trees, branches and stumps that cannot be handled by normal refuse processing, collection, and disposal methods.

2.2.8. Clean. Free from dirt or pollution, contamination or disease, containing no foreign matter, free from growth and fungus.

2.2.9. Collection. The act of removing solid waste (or materials separated for the purpose of recycling) for transport elsewhere.

2.2.10. Collection System. The total process of collecting and transporting solid waste, to include storage containers; collection crews, vehicles, equipment, and management; and operating procedures.

2.2.11. Commercial Solid Waste. Waste materials originating in wholesale, retail, institutional, service establishments, office buildings, Post Exchange facilities, commissaries, theaters, clubs, cafeterias, billets, and warehouses. This includes non-processed waste generated at industrial facilities such as packing wastes and paper products. Construction and demolition wastes are not included in this category.

2.2.12. Commission. The Texas Commission on Environmental Quality (TCEQ) and its predecessors/successors.

2.2.13. Compactor. Power driven device used to compress materials to a smaller volume.

2.2.14. Composite Liner. A liner system consisting of two components; the upper component consisting of a 60-mil high-density polyethylene (HDPE) Flexible Membrane Liner (FML) and the lower component consisting of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1.0 X 10-7 cm/sec. The FML component must be installed and maintain direct and uniform contact with the compacted soil component.

2.2.15. Compost (humus). The relatively stable decomposed organic material resulting from the composting process.

2.2.16. Composting. An aerobic (oxygen-dependent) degradation process by which plant and other organic wastes decompose under controlled conditions. A mass of biodegradable waste, in the presence of sufficient moisture and oxygen, undergoes "self-heating,” a process by which micro-organisms metabolize organic matter (their food source) and release energy in the form of heat as a by-product. Heating occurs because the waste material also acts like an insulator, in large enough piles.

2.2.17. Composting Pad. The surface on which composting takes place.

2.2.18. Construction and Demolition Waste. The waste materials, packaging, and rubble resulting from the construction, alteration, remodeling, repair, or demolition of buildings, bridges, pavements and other structures. Such waste includes, but is not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, plastics, rock, brick, concrete, dirt, glass, wire and PVC pipe.

2.2.19. Cover. Soil or other materials that have not been previously mixed with refuse and is used to cover compacted refuse. Includes daily cover, intermediate cover, final cover, and alternate daily cover.

2.2.20. Daily Cover. The 6-inch thick layer of soil cover applied and compacted over refuse at the end of each day (more frequently, if necessary) to control windblown litter, disease vectors, fires, odors, and scavenging.

2.2.21. Decomposition. Breaking down into component parts or basic elements.

2.2.22. Disposal. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that any constituent of it may not enter the environment or be emitted into the air or discharged into any waters, including ground water. Disposal in the Fort Hood Landfill includes the spreading, compacting, and covering of refuse.

2.2.23. DPW Classification Unit (CU). The Fort Hood office that coordinates the handling and processing of hazardous materials, located at building 1348.

2.2.24. Environmentally Preferable. Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

2.2.25. Final Cover. The final layer(s) of soil cover and other materials that bring the compacted waste fill up to the final design elevations. The exact designs, including final elevations, soil layer thickness, grading, etc. are detailed in the Permit Documents.

2.2.26. Food Service Facilities. Areas or places other than private residences…