W911QY-12-R-0060_original.pdf

NATICK CONTRACTING DIVISION

US ARMY CONTRACTING COMMAND - APG

NATICK CONTRACTING DIVISION

ATTN: CCAP-SCN, KANSAS STREET

NATICK MA 01760-5011

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$12.5 million

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911QY-12-R-0060 02-Oct-2012

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Oct 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W911QY

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE W91A2K 16. ADMINISTERED BY

USA SOLDIER SYSTEM CTR, CONSOL PROP OFC,

MICHAEL FRANCIOSE

KANSAS STREET, BLDG 20

NATICK MA 01760-5000

TEL: 508-233-5213 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W905JZ03347002

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911QY-12-R-0060

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

1. The RDECOM Acquisition Center, Natick Contracting Division has a requirement for waste removal and recycling.

2. The Government anticipates this will result in one Firm Fixed Price five year (base and four option years)

IDIQ (Indefinite delivery Indefinite Quantity) type contract. Funds will be obligated on individual task orders and not on the basic contract.

3. A best value source selection will be based on Past Performance and Price . Past Performance will be considered equally with price. Reference provision 52.212-2, Evaluations included in the solicitation.

4. This solicitation is subject to the availability of funds. Proposals shall be valid for at least sixty

(60) calendar days.

5. The contractor will be subject to conforming to the anti-terrorism requirements incorporated into

The statement of work.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

REFUSE REMOVAL - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AT THE SOLDIER SYSTEM CENTER,

KANSAS STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

FOB: Destination

PURCHASE REQUEST NUMBER: W905JZ03347002

NET AMT

0002 12 Months

RECYCLING - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

RECYCLING OPERATIONS AT THE SOLDIER SYSTEM CENTER, KANSAS

STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH THE

STATEMENT OF WORK, SET FORTH HEREIN.

0003 12 Months

REFUSE REMOVAL AND RECYCLING - FAMILY

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AND RECYCLING OPERATIONS FOR

MILITARY FAMILY HOUSING LOCATED IN NATICK, NEEDHAM,

WAYLAND AND HUDSON MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

0004 5 Lot

MISCELLANEOUS REFUSE REMOVAL

FFP

MISCELLANEOUS REFUSE REMOVAL ON AN AS NEEDED BASIS.

0005 10 Each

CONTAINERS

FFP

CONTAINERS ON AN AS NEEDED BASIS.

See Exhibit A

1001 12 Months

OPTION REFUSE REMOVAL - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AT THE SOLDIER SYSTEM CENTER,

KANSAS STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

1002 12 Months

OPTION RECYCLING - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

RECYCLING OPERATIONS AT THE SOLDIER SYSTEM CENTER, KANSAS

STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH THE

STATEMENT OF WORK, SET FORTH HEREIN.

1003 12 Months

OPTION REFUSE REMOVAL AND RECYCLING - FAMILY

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AND RECYCLING OPERATIONS FOR

MILITARY FAMILY HOUSING LOCATED IN NATICK, NEEDHAM,

WAYLAND AND HUDSON MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

1004 5 Lot

OPTION MISCELLANEOUS REFUSE REMOVAL

FFP

MISCELLANEOUS REFUSE REMOVAL ON AN AS NEEDED BASIS.

1005 10 Each

OPTION CONTAINERS

FFP

CONTAINERS ON AN AS NEEDED BASIS.

2001 12 Months

OPTION REFUSE REMOVAL - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AT THE SOLDIER SYSTEM CENTER,

KANSAS STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

2002 12 Months

OPTION RECYCLING - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

RECYCLING OPERATIONS AT THE SOLDIER SYSTEM CENTER, KANSAS

STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH THE

STATEMENT OF WORK, SET FORTH HEREIN.

2003 12 Months

OPTION REFUSE REMOVAL AND RECYCLING - FAMILY

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AND RECYCLING OPERATIONS FOR

MILITARY FAMILY HOUSING LOCATED IN NATICK, NEEDHAM,

WAYLAND AND HUDSON MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

2004 5 Lot

OPTION MISCELLANEOUS REFUSE REMOVAL

FFP

MISCELLANEOUS REFUSE REMOVAL ON AN AS NEEDED BASIS.

2005 10 Each

OPTION CONTAINERS

FFP

CONTAINERS ON AN AS NEEDED BASIS.

3001 12 Months

OPTION REFUSE REMOVAL - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AT THE SOLDIER SYSTEM CENTER,

KANSAS STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

3002 12 Months

OPTION RECYCLING - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

RECYCLING OPERATIONS AT THE SOLDIER SYSTEM CENTER, KANSAS

STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH THE

STATEMENT OF WORK, SET FORTH HEREIN.

3003 12 Months

OPTION REFUSE REMOVAL AND RECYCLING - FAMILY

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AND RECYCLING OPERATIONS FOR

MILITARY FAMILY HOUSING LOCATED IN NATICK, NEEDHAM,

WAYLAND AND HUDSON MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

3004 5 Lot

OPTION MISCELLANEOUS REFUSE REMOVAL

FFP

MISCELLANEOUS REFUSE REMOVAL ON AN AS NEEDED BASIS.

3005 10 Each

OPTION CONTAINERS

FFP

CONTAINERS ON AN AS NEEDED BASIS.

4001 12 Months

OPTION REFUSE REMOVAL - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AT THE SOLDIER SYSTEM CENTER,

KANSAS STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

4002 12 Months

OPTION RECYCLING - SOLDIER SYSTEM CENTER

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

RECYCLING OPERATIONS AT THE SOLDIER SYSTEM CENTER, KANSAS

STREET, NATICK, MASSACHUSETTS IN ACCORDANCE WITH THE

STATEMENT OF WORK, SET FORTH HEREIN.

4003 12 Months

OPTION REFUSE REMOVAL AND RECYCLING - FAMILY

FFP

SUPPLY ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR

THE DISPOSAL OF SOLID WASTE AND RECYCLING OPERATIONS FOR

MILITARY FAMILY HOUSING LOCATED IN NATICK, NEEDHAM,

WAYLAND AND HUDSON MASSACHUSETTS IN ACCORDANCE WITH

THE STATEMENT OF WORK, SET FORTH HEREIN.

4004 5 Lot

OPTION MISCELLANEOUS REFUSE REMOVAL

FFP

MISCELLANEOUS REFUSE REMOVAL ON AN AS NEEDED BASIS.

4005 10 Each

OPTION CONTAINERS

FFP

CONTAINERS ON AN AS NEEDED BASIS.

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

ADDENDUM TO FAR 52.212-4

STATEMENT OF WORK

REFUSE & SINGLE STREAM RECYCLING

CONTRACT

1. DESCRIPTION OF SERVICES.

1.1. The contractor shall supply all labor, equipment, materials, supervision, and accessories necessary to perform refuse and single stream recycling collection and disposal services at the U.S. Army Natick Soldier System Center (NSSC), Natick, MA and for its five military housing areas designated for the command as listed in para 11.4. Refuse shall be transported to an approved facility within the Commonwealth of Massachusetts for the disposal of solid waste.

Single stream recyclable materials are to be transported to an approved single stream recycling facility. The contractor and approved facilities shall comply with all federal, state, and local regulations, ordinances, and statutes pertaining to the collection, transportation, and disposal of solid waste or handling of recyclable materials.

Services Included in this Scope of Work:

CLIN Description of Service

0001 NSSC Main Installation Refuse Collection and Disposal (Front-Loading Dumpsters)

0002 NSSC Main Installation Single Stream Recycling Collection and Disposal (As needed basis)

0003 NSSC Main Installation Bulk Waste Collection and Disposal

0004 Military Housing Refuse Collection and Disposal (Curbside Pickup) 0005 Military Housing Single Stream Recycling (Curbside Pickup) 0006 Military Housing Christmas Tree Collection and Disposal (Curbside

Pickup) 0007 Military Housing Collection and Disposal of Bulky Objects & White

Goods (As needed basis) 0008-0014 Special Collection and Disposal Services (As needed-basis)

1.2. The collection and disposal services excluded from this contract include:

Landfill Operations Incinerator Operations Regulated Medical Waste and Toxic Waste Collection and Disposal Disposal of Animal Carcasses Disposal of Petroleum, Oil and Lubricants (POL) Contaminated Soil Hazardous Materials Collection and Disposal Yard Waste (Grass, Leaves, Hedge Trimmings, etc.) Collection for Composting

2. BACKGROUND INFORMATION.

2.1. The NSSC is a US Army Installation Management Command (IMCOM) iresponsible for the technology, research, development, and engineering, fielding, and sustainment of the US Military forces’ food, clothing, shelters, airdrop systems and soldier support items.

2.2. NSSC is comprised of multiple properties totaling approximately 174 acres. The main installation is located on Kansas St, Natick, MA (approximately 20 miles west of Boston, MA), occupying 66 acres of land situated on the shores of Lake Cochituate. The remaining 108 acres of properties are used for military housing or training and are located in the Town’s of Hudson, Natick, Needham, and Wayland.

2.3. The NSSC Main Installation is surrounded by the shorelines of Lake Cochituate.

Because of its proximity to the lake, NSSC has established strict environmental programs and policies that are protective of the lake and its environment. The Military Housing Area in Hudson is also an area of concern due to its proximity to a public water supply (White Pond Reservoir).

2.4. The Contractor must comply with all general provisions and clauses identified within para’s 11.6, 11.25-11.28, and 12.3-12.5, so as to minimize the potential to cause or contribute contamination to either of the two surface water bodies identified in para 2.3.

3. NSSC MAIN INSTALLATION REFUSE COLLECTION AND DISPOSAL

REQUIREMENTS (CLIN #0001)

3.1. Refuse Collection and Disposal Service. The collection and disposal of refuse from the

NSSC main installation shall be contracted as a weight based contract. The contractor shall be paid for all refuse services (e.g., collection, transportation, disposal, and associated fees) by the ton per month.

3.2. Refuse Pickup and Removal. Refuse collection shall be conducted utilizing front loading refuse containers of 4 to 10 cubic yards each. Refuse containers are to be picked up two times weekly, Mondays and Thursdays between the hours of 0700 -1500 hrs (7:00 am – 3:00 pm). Pickups after 1500 hrs must be coordinated with the Contracting Officer’s Representative

(COR).

3.3. Refuse Scale Operation. Upon entering the NSSC main installation, all vehicle operators shall be required to pull truck up to an unattended remote scale terminal kiosk located on the west side of Bldg 20, identify their vehicle using government furnished codes or radio frequency identification (RFID) tag, and obtain the vehicle tare weight. After all refuse containers on NSSC have been emptied or when the vehicle becomes full, vehicle operators shall then repeat the weighing process to obtain vehicle weight ticket. A copy of the weight ticket receipt must be immediately deposited in the designated receptacle near the scale. The Contractor will be contacted by the Contracting Officer or COR within 24-hours prior to the scheduled pickup in the event that the scale becomes inoperable. The Contractor shall be instructed to obtain weight tickets from a commercial weigh station before and after collecting all refuse from the installation or by other means established by the Contracting Officer. The commercial scale must be certified with the Commonwealth of Massachusetts, Division of Standards - Weights and Measures.

3.4. Refuse Collection Containers. The NSSC main installation has a total of 19 front loading containers spread across the installation. The NSSC intends to reduce the number of containers in use as the recycling rates increase. The number and size of front loading containers will vary at the COR’s request. The following table shows the location and number of each size refuse containers currently in-use on the installation.

NSSC Main Installation Refuse Container Locations:

Location Number of Containers Size (cubic yards)

Bldg – 01 Headquarters 2 10, 10 Bldg – 05 Fabrication Shop 2 8, 10 Bldg – 14 Roads & Grounds 1 4 Bldg – 15 Barracks 1 6 Bldg – 19 Boiler Plant 1 10 Bldg – 20 Logistics 1 10 Bldg – 32 MWR 1 4 Bldg – 38 Dining Hall 1 10 Bldg – 45 DPW 4 10, 10, 6, 6 Bldg – 86 Navy HQ 2 10, 6 Bldg – 92 Training Ctr 1 4 Bldg – 110 Thermal Test Facility 1 4 Picnic Area 1 6

4. NSSC MAIN INSTALLATION SINGLE STREAM RECYCLING COLLECTION

AND DISPOSAL REQUIREMENTS (CLIN #0002)

4.1. Single Stream Recycling Collection and Disposal Services. The Contractor shall be paid for all single stream recycling services by the pickup on an on-call basis. Historic single stream collection data is provided in Section 14. Services shall include the installation and use of a hydraulic compactor for the compaction of single stream recycling materials as described in Section 4.4, bulk 40-cubic yard collection container, pickup and transportation of bulk container to recycling facility, and all associated tipping and processing fees. Single stream recycling includes un-segregated paper, cardboard, plastic bottles (recycling codes 1-7), glass bottles, metal cans, and other recyclable materials.

4.2. Single Stream Recycling Container and Compactor Operation. One 40 cubic yard single stream recycling container and compactor are to be furnished by the Contractor for government use and operation. Container and compactor shall be located onsite on the north side of Building 20.

4.3. Single Stream Recycling Container Pickup and Removal. Recycling container must be removed, emptied and replaced within 24 hours of verbal notification to the contractor by the COR between the office business hours 0700 – 1530 hrs (7:00 am – 3:00 pm) Monday –Friday.

The contractor shall provide the COR with a phone number for providing all verbal notifications.

Upon entering the installation, vehicle operators shall be required to pull truck (and empty container) up to an unattended remote scale terminal kiosk on the west side of Bldg 20, identify their vehicle using government furnished code or radio frequency identification (RFID) tag and obtain vehicle and container tare weight. Prior to exiting the installation, vehicle operators shall repeat this process to obtain vehicle and container weight ticket. A copy of the weight ticket receipt must be immediately deposited in the designated receptacle near the scale.

4.4. Single Stream Recycling Compactor Design Specification. The Contractor shall provide and install a compactor having a minimum 2 cubic yard capacity. The maximum width of compactor must not, at any time, exceed the width of the 40-cubic yard container. A walkway/bridge that is 5-6 ft wide and 8-10 ft in length must be installed between compactor and the Bldg 20 loading dock. Walkway must be constructed of diamond plate steel and contain 4-ft safety railings on both sides of walkway. Due to our restrictions, the compactor shall be designed having an enclosed hopper and doghouse configuration, front side of doghouse shall contain two swing doors (approximately 30” x 32”) angled downward by 20-30 degrees.

Controller switches to operate compactor shall be mounted on handrail. A gauge to monitor compression must be mounted adjacent to controller switch to monitor container capacity.

Compactor and walkway must be painted with exterior latex paint to minimize rusting. All hydraulics and associated hydraulic equipment for compactor must be positioned under walkway.

5. NSSC MAIN INSTALLATION BULK WASTE COLLECTION AND DISPOSAL

(ROLL-OFF CONTAINER) (CLIN #0003)

5.1. One 40 cubic yard roll-off container, permanently assigned, for bulk refuse shall be picked up every other week and/or on an as needed basis. This container is to be located in the vicinity of building 44 at the North Campus area of the installation.

5.2. Delivery and removal of all bulk roll-off containers on the NSSC main installation must be weighed on the NSSC truck scale following procedures outlined in Section 3.3.

6. MILITARY HOUSING REFUSE COLLECTION AND DISPOSAL

REQUIREMENTS (CLIN #0004)

6.1. Military Housing Refuse Collection and Disposal Services. The Military Housing Area refuse collection requirements are not weight based, but is a scheduled service contract. The contractor shall be paid monthly for conducting curbside refuse collection pickups and disposal according to the pickup schedule as outline in para 6.4.

6.2. Military Housing Curbside Refuse Containers. With the exception of housing units at 11-25 Heritage

Lane in Natick, the Contractor shall furnish each family housing unit with one 96-gallon capacity (or similar size container) wheeled refuse container having a hinged lid for containing household waste. All military housing containers shall be of the same size and color so as to easily identify it as a refuse container.

6.3. Due to space constraints at 11-25 Heritage Lane (Natick Housing Area), the Contractor shall not furnish individual refuse containers. Instead, the Contractor shall furnish four 96-gallon refuse containers for each of the three enclosed collection areas (total of twelve 96-gallon containers).

6.4. Military Housing Curbside Refuse Pickups. The occupants in military housing shall place Contractor furnished wheeled refuse containers along the curbside (see table for pickup schedule). Any additional items deemed refuse by the occupants shall be placed adjacent to the Contractor furnished containers. The Contractor shall replace the containers back where they found them and in an upright position with the lids closed. The refuse collection vehicles shall not make use of any driveway within the housing area nor travel any route that is not specifically designated for use by vehicular traffic. The Contractor shall pick up all spillage that occurs during collection operations. Each Contractor vehicle shall carry a broom, yard rake, and scoop to facilitate immediate pick-up of spillage. The Contractor shall retrieve wheeled refuse containers from housing areas having centralized collection points

7. MILITARY HOUSING SINGLE STREAM RECYCLING SERVICES (CLIN #0005)

7.1. Military Housing Curbside Single Stream Recycling Services. The Military Housing Area single stream recycling collection requirements are not weight based, but is a scheduled service contract. The contractor shall be paid for curbside recycling collection pickups to be performed every other week. Single stream recycling materials shall be picked up on a scheduled basis that coincides with the regularly scheduled refuse pickup day. Single stream recycling includes un-segregated paper, cardboard, plastic bottles (recycling codes 1-7), glass bottles, metal cans, and other recyclable materials.

7.2. Military Housing Curbside Single Stream Recycling Containers.

7.2.1. With the exception of housing units at 11-25 Heritage Lane in Natick, the Contractor shall supply each family housing unit with a 96-gallon wheeled container (or of similar size) for collecting single stream recyclable materials. All military housing recycling containers shall be the same size and color so as to easily identify it as a single stream recycling container.

7.2.2. Due to space constraints at 11-25 Heritage Lane (Natick Housing Area), the

Contractor shall not supply occupants with individual recycling containers. Instead, three 96-gallon recycling containers shall be provided for each of the three enclosed centralized collection areas (total of nine 96-gallon containers).

7.3. Military Housing Curbside Single Stream Recycling Pickups.

7.3.1. The occupants in military housing shall place Contractor furnished wheeled single stream recycling containers along the curbside. Any other additional recyclable items, such as cardboard shall be placed adjacent to the Contractor furnished recycling containers. The Contractor shall replace the containers back where they found them and in an upright position with the lids closed.

7.3.2. The recycle collection vehicles shall not make use of any driveway within the housing area nor travel any route that is not specifically designated for use by vehicular traffic.

7.3.3. The Contractor shall pick up all spillage that occurs during collection operations.

Each Contractor vehicle shall carry a broom, yard rake, and scoop to facilitate immediate pick-up of spillage.

7.3.4. The Contractor shall empty containers for recyclables at the locations indicated in above sections and deliver recyclable material to recycling center.

7.3.5. The Contractor shall provide containers for recyclable materials and replace damaged containers.

8. MILITARY HOUSING CHRISTMAS TREE COLLECTION AND DISPOSAL (CLIN

#0006)

8.1. Each year, approximately fifty (50) Christmas trees are disposed following the Christmas holiday. Occupants within the Military Housing areas shall place Christmas trees on the curbside for pickup and disposal.

8.2. This special pickup shall occur on the first Tuesday that follows 7 Jan. All trees shall be disposed of by legally accepted means by the Contractor.

9. MILITARY HOUSING BULK WASTE COLLECTION AND DISPOSAL (ROLL-

OFF CONTAINER) (CLIN #0007)

9.1. The Contractor shall provide roll-off containers to collect, transport and transfer bulky items or white goods to a licensed / permitted facility in accordance with 310 CMR 19.017(3).

Bulky items and white goods such as, but not limited to the following items are summarized in table below. Roll-off containers shall vary in size and capacity depending on the COR’s request.

See table provided in para 10.1 for container sizes.

Bulky Items and White Goods

Items Description

Large White Goods Refrigerators, Freezers, Freezer Chests, Water Heaters, Stoves, Dryers, Boilers, Dishwashers, Air Conditioners, Tubs, Metal Sheds, Swing Sets, etc.

Small Metal Items Gas Grill, Metal Chains, Bikes, Lawn Mowers, Fans, Lawn Spreaders, Microwaves, Metal Toys, etc.

Large Furniture Sleep Sofas, Doors, Large Bureaus, Box Springs & Mattress Sets, Garage Doors, etc.

Small Furniture Cabinets, Chairs, Toilets, Regular Sofas, Vanities, Rugs, Wood, etc.

10. SPECIAL COLLECTION AND DISPOSAL SERVICES TO BE PROVIDED ON AN

AS-NEEDED BASIS (CLIN #’S 0008-0014)

10.1. Bulk Waste Collection & Disposal Containers. The Contractor shall provide and haul additional roll-off containers or front loading containers as coordinated with the COR.

Containers shall vary in size and capacity depending on the COR’s request. See table for container sizes. A unit cost shall be provided for collection and disposal services for each container size and type.

Special Collection Container Types and Size(s)

Container Type Size (cubic yards)

Front-loading Container(s) 4, 6, 8, or 10

Roll-Off Container(s) 20, 30, or 40

10.2. The Contractor shall respond to special collection and disposal services on an as needed basis through an initial call to Contractor’s Project Manager from the COR.

11. GENERAL PROVISIONS

11.1. Access onto NSSC Main Installation. All Contractor vehicles must enter through the

NSSC DeFranzo Service Gate, located on Kansas St at the intersection of 3rd Street in, Natick, MA. The hours of operation for this gate are Monday-Fridays, 0700 – 1500 hrs (7:00 am – 3:00 pm).

11.2. Solid Waste Handling and Disposal Facilities. The Contractor shall provide the locations of the primary and alternate solid waste handling and disposal facilities to be used. All facilities must be permitted and compliant with all Massachusetts Department of Environmental Protection (MassDEP) regulations for solid waste management (310 CMR 19.000). The use of facilities not permitted by the MassDEP is prohibited.

11.3. Single Stream Recycling Facilities. The Contractor shall provide the locations of the primary and alternate single stream recycling facilities to be used. All facilities must be permitted and compliant with all Massachusetts Department of Environmental Protection (MassDEP) regulations for solid waste management (310 CMR 19.000). The use of facilities not permitted by the MassDEP is prohibited.

11.4. Military Housing Unit Locations: Table below provides location of all 75 military housing units.

Military Housing Unit Location

11.5. M

ilita ry Hou sing Ref use and Sin gle Stre am Rec ycli ng Pick up Schedule provided in table below.

Town Street Address Housing

Units

2,6 Kansas St 2

Town of Natick, MA 01760 Middlesex County 1, 2, 3, 5, 7 – 25 Heritage Lane 23

Town of Needham, MA 02492 Norfolk County

1-12 East Militia Heights 12

88, 90, 92, 100, 102, 104 Oxbow Road 6

Town of Wayland, MA 01778 Middlesex County 1, 2, 3, 4, 5 and 7 Launcher Way 6

Town of Hudson, MA 01749 Middlesex County

1A, 1B, 2, 3A, 3B, 5A, 5B, 6A, 6B, 7A, 7B, 11A, 11B, 13A, 13B,15A, 15B, 16A, 16B, 17A, 17B, 19, 20A, 20B, 21A and 21B Bruen Road

Military Housing Refuse and Single Stream Recycling Pickup Schedule

Housing Areas Refuse Pickup Recycling Pickup

1 Town of Natick, MA Monday Every other Monday

2 Town of Needham, MA Wednesday Every other Wednesday

3 Town of Wayland, MA Friday Every other Friday

4 Town of Hudson, MA Tuesday Every other Tuesday

11.6. The contractor, subcontractors and approved facilities shall comply with all Federal, State, and local laws, ordinances, statutes and regulations, pertaining to the collection, transportation, and disposal of solid waste and recyclable material.

11.7. Climatic Conditions. The Contractor shall maintain normal operations during periods of inclement weather. In cases of severe weather, the NSSC Weather Hotline (508-233-4144) or the COR can be contacted to determine installation closures. When closures occur or are granted by the Installation Commander, all missed collections shall be performed within 24 hours after the severe weather has terminated, unless the COR authorizes additional time. Heavy snow and ice should be expected from mid November through March. High winds due to blizzard (in winter) or Hurricane (in summer/fall) may occur but these are infrequent storms.

11.8. Contractor Personnel

11.8.1. The Contractor shall provide the names, addresses, and telephone numbers of the project manager and alternate to the Contracting Officer within five (5) calendar days after receipt of notice of award. The Contractor shall provide written notices to the Contracting Officer and the COR, three (3) working days in advance of any change of project manager or alternate. The project manager and alternate shall be able to understand, speak, read, and write in the English language

11.8.2. All Contractor personnel coming onto the Natick facility must be able to communicate and operate computer weight systems in the English language.

11.9. Project Manager. The Contractor shall provide a Project Manager to be available during the normal hours of operation as specified in below sections. This individual shall be responsible for the supervision, overall administration, and coordination of the required services.

The Project Manager shall be the point of contact with the Government and have the authority to act or make decisions for and on behalf of the Contractor.

11.10. Project Manager Alternate. An alternate shall be designated to act for the Project

Manager when work is being performed at hours other than as listed below, or during absences such as illness, vacation, etc.

11.11. Response Time. The Project Manager or alternate shall return all notifications from the COR within 24 hours by phone or email during office business hours (0700 -1530 hrs), Monday – Friday.

11.12. Other Personnel: The Contractor shall provide only personnel who are legally entitled to work in the United States to accomplish work and services specified herein. In order to ensure the security and orderly running of the Installation, any Contractor personnel who wish to gain access to the Installation shall follow procedures established by the Installation.

11.13. Contractor Identification. Each Contractor employee shall wear a Contractor furnished, visible, identifying badge on the outside of their clothing which shall include as a minimum, the person’s name, recent photograph and name of the Contractor. Each Contractor vehicle shall be marked with the Contractor’s name or logo. Each Contractor vehicle shall contain RFID cards for vehicle identification.

11.14. Conflict of Interest. The Contractor shall not use, for work under this contract, monitors, or any other Government personnel whose employment could result in a conflict of interest with DOD 5500.7-R. Relationship between the Government, Contractor, and Contractor Personnel

11.15. Non-Personal Services:

11.15.1. The Government and the Contractor understand and agree that services to be delivered under the contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor’s personnel.

11.15.2. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who in turn, shall be accountable to the Government.

11.16. Personnel Selection. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operation.

11.17. Personal Judgment: The services to be performed under the contract shall not require the Contractor, or his/her employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor’s employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

11.18. Contractor Personnel Status. The Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under the contract, for payment by the Government of entitlements and benefits accorded to Federal employees.

11.19. Contracting Officer’s Authority.

11.19.1. The Contracting Officer is the only person authorized to direct changes in any of the requirements under the contract and, not withstanding any provisions…