W911SA-16-T-0078-0002_Amendment_2.docx

W911SA-16-T-0078

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

PURPOSE

The purpose of this amendment is to: 1) answer contractor questions 2) update the Wage Determination to reflect WD 15-2577 Rev 1 date 9/23/2016 3) provide historical data of the requirement.

Q: Will there be a staging location on Fort McCoy?

Government Response: Please refer to PWS Paragraph 3.1.1 “Contractor’s Location” in regards to storage location.

Q: Please clarify Section 1.6.7.1.5.2. Special Qualifications. The Department of Professional and Occupational Regulation (DPOR) does not register or license Portable Restroom Rental (or NAICS Code 562991).The Wisconsin Department of Health (WDH) does not issue permits or approvals for Portable Restroom Rental (or NAICS Code 562991).

Government Response: Licensing is done through the Wisconsin Department of Natural Resources. The wording in the PWS has been revised to read Wisconsin Department of Natural Resources.

Q: Can an on-site appointment be arranged prior to the solicitation due date for a site overview?

Government Response: A Site Visit is determined not necessary and not within the time limits of the response deadline.

Q: Please clarify Section 5.1 Scope. Is there Workload Information or Annual Data available? It notes that Workload is provided to assist offers’ in proposal preparation, and is displayed in the text, attachments, and in technical exhibits.

Government Response: The document named “Attachment 4 Annual Workload Data” has been incorporated to this solicitation.

The following have been modified:

PERFORMANCE WORK STATEMENT

PORTABLE TOILET AND PORTABLE SINK SERVICE

Fort McCoy, Wisconsin

1. GENERAL: This is a non-personal services contract to provide portable latrine service support. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide and service portable latrines, portable hand washing stations and pumping and removal of gray water from portable gray water tanks/bladders other services as defined in this Performance Work Statement (PWS), (except as specified herein as Government Furnished) necessary for rental and service of portable toilets and portable sinks at Fort McCoy, Wisconsin.

1.2 Background: The Contractor shall provide services to furnish, clean, sanitize and maintain contractor furnished and government furnished portable latrines, portable gray water tanks, and portable hand washing stations.

1.3 Objectives:

-Provide and clean contractor furnished portable latrines.

-Provide and clean contractor furnished gray water tanks.

-Provide and clean contractor furnished portable hand wash stations.

-Provide and clean contractor furnished handicap portable latrines that meet ADA Standards.

-Pump out and clean gray water holding tanks and bladders placed by contractor at various sites on Fort McCoy.

1.4 Scope:

See Tasks 1 through 3 in section 5 of this PWS.

1.5 Period of Performance: Firm Fixed Price Contract, period of performance shall be for a base period plus four option periods.

1.6 General Information

1.6.1 Quality Control Plan (QCP):

Quality Control is a Contractor responsibility. A formal Quality Control Plan (QCP) is required. The Contractor is required to submit a quality control plan prior to start of contract performance. The Contractor shall establish and maintain an efficient and effective QC Program to ensure conformance to contract requirements. The plan shall include, but is not limited to the following:

1. A description of the inspection system covering all services listed.

1. It shall specify the frequency of the inspections.

1. The title of the individual(s) who shall perform the inspection and their organizational placement.

1. A description of the methods for identifying, correcting and preventing defects in the quality of service performed before the level becomes unacceptable.

1. On-site records of all inspections conducted by the Contractor. The inspection record’s format shall include:

0. Date, time and location of the inspection.

0. A signature block for the person who performed the inspection

0. Rating of acceptable or unacceptable.

0. Area designated for deficiencies noted and corrective action taken.

0. Total number of inspections.

1. The Contractor shall develop accountability procedures for key control.

The Contractor shall maintain an inspection system, commensurate with commercial practices, to ensure the Contractor only tenders for acceptance those items or services 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. Non-conforming services shall be re-performed at no increase in contract price. If the non-conforming services cannot be re-performed, and the services fail to achieve the monthly contract acceptable level of performance, the Government will issue a Contract Discrepancy Report and the Contractor will be required to respond indicating corrective actions taken to ensure future services conform to the contract requirements. At a minimum, the Contractor’s inspection system shall identify the root cause of non-conforming services and take necessary action to ensure future services conform to the contract requirements. The Contractor must provide the Government, upon request, with adequate assurances of future performance. 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 assurance of future performance.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Non-conforming services shall be re-performed at no increase in contract price. If non-conforming services are recurring, cannot be re-performed, or the services fail to achieve the Performance Requirements Summary (PRS) acceptable quality level (AQL) (see A.1.), the Government may reject the nonconforming service(s) and document the contractor’s performance record accordingly. The Government may also issue a Contract Discrepancy Report (CDR) in which the contractor will be required to respond with the development of a corrective action plan (CAP) which identifies the root cause, corrective action (CA) for the root cause, CA for the specific nonconformance, and the date the CAs will be complete. The Government may also reduce the payment to the contractor IAW the PRS, or reduce payment to reflect the value of the services performed, or may perform the services and charge the Contractor for any related cost incurred, or may terminate this contract for default.

1.6.2.1 Nonconforming Supplies or Services: When a Contractor’s performance does not meet Contract requirements and/or approved work schedules and/or timeframes it is considered a nonconformance. Nonconformance shall be classified in one of three categories: level I (Minor), level II (Major) or level III (Critical). The Government may re-inspect work designated for re-performance or late performance, and the Contractor may be held liable for any damages sustained by the Government including, for example, the costs associated with re-inspection.

1.6.2.1.1 Level I (Minor) non-conformance: is defined as a non-conformance that is not likely to materially reduce the usability of the supplies or services for their intended purpose, or is a departure from established standards having little bearing on the effective use or operation of the supplies or services. Minor non-conformance usually can be corrected on the spot, where no further corrective action (CA) response is necessary, and can be issued by the COR to the contractor either through a verbal or written non-conformance report. Minor non-conforming services shall be re-performed within a specified time frame at no increase in contract price. If minor non-conformances are recurring or re-performance is not completed in full and within the specified time a Level II non-conformance may be issued to the contractor by the Contracting Officer (KO).

1.6.2.1.2 Level II (Major) non-conformance: is defined as a non-conformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose. Recurring Minor non-conformances, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major non-conformance. Major non-conformance’s shall result in the issuance of a written CDR from the KO to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.3 Level III (Critical) non-conformance: is defined as a non-conformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; is likely to prevent performance of a vital agency mission; is for a repeated or uncorrected level II CDRs; or is for a non-responsive contractor to a level II CDR. Critical non-conformances shall result in the issuance of a written CDR to the contractor requiring the development of a CAP by the contractor which identifies the root cause, CA for the root cause, CA for the specific non-conformance and the date CAs will be completed.

1.6.2.1.4 The contractor will be notified of Government inspection results. The contractor shall acknowledge receipt of the inspection results. The contractor may be notified of inspection results verbally. Verbal notifications of defective work will be confirmed in writing. When Government inspectors are unable to contact the contractor to notify the contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection.

1.6.2.1.5 Performance Evaluation Meetings; the Project Manager shall meet with the COR prior to start of the contract. However, meetings will be held whenever deficiencies are noted by the COR. A mutual effort will be made to resolve all problems identified.

1.6.3 Federal Government Holidays: When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the proceeding Friday is observed as a holiday by U.S. Government Agencies. Any other Congressional or Presidential imposed Federal Holiday.

1.6.4 Hours of Operation: The Contractor shall schedule his working hours to coincide with the working hours of the military reservation. The normal working hours are 7:30 AM thru 4:00 PM Monday through Friday excluding Federal Holidays. When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the proceeding Friday is observed as a holiday by U.S. Government Agencies. Any other Congressional or Presidential imposed Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the proceeding Friday is observed as a holiday by U.S. Government Agencies. Any other Congressional or Presidential imposed Federal Holiday.

UNLESS otherwise specified in these provisions, services will be performed during normal duty hours.

When required services occur on holidays, work will be performed on either the previous or following work day, unless specified otherwise.

1.6.5 Place of Performance: The contractor shall perform site visits to Fort McCoy as necessary to perform the work under this contract.

1.6.6 Type of Contract: The government will award a base and 4 option periods Indefinite Delivery/Indefinite Quantity (IDIQ) Firm Fixed Price service contract.

1.6.7 Antiterrorism (AT) and Operations Security (OPSEC). AT Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Classroom AT Level 1 Training can also be coordinated with the Fort McCoy Installation ATO at (608) 388-4719. This is an annual requirement. Submit training rosters to the COR and Contracting Office. COR will give a copy to the ATO.

iWATCH Training: The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract performance start date and within 30 calendar days of new employees’ commencing performance, with the results reported to the COR no later than 60 calendar days after contract award. This is an annual requirement. Submit training rosters to the COR and Contracting Office. COR will give a copy to the ATO.

OPSEC Level I Training: (Per AR 530-1 All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete OPSEC Level I training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 60 calendar days after completion of training by all employees and subcontractor personnel. Training is available at http://cdsetrain.dtic.mil/opsec.

1.6.7.1 Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by Fort McCoy (FM) Pamphlet (PAM) 190-13. All contractors to include their Sub contractors must be vetted through the physical security office using the FM form 451. The submission of the Fort FM form 451 will be provided by the COR or government POC before the individuals can register the kiosk. Once the vetting has been completed the physical security office will issue the COR or Government POC a RAPIDGate instruction letter that will be given to the individual to use at the kiosk.

1.6.7.1.1 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer Representative 14 days prior to the contract performance start date and updated as needed to reflect Contractor and Subcontractor personnel changes. 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 such 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.

1.6.7.1.2 Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.7.1.3 RAPIDGate Program: Fort McCoy is offering an Installation Access Control Solution called the RAPIDGate Program. This program is available, with installation approval, to new and existing vendors, contractors, subcontractors and service providers who require routine access to Fort McCoy and desire streamlined entry into the Installation. This program is available at a registration cost to the company, with an additional fee per employee.

Through two integrated processes - Access Privilege Management and Enrollment/Registration - the RAPIDGate Program enables electronic verification of identity and access privileges at Fort McCoy's access control points (ACPs).

Companies choosing to participate in the RAPIDGate Program will have streamlined access onto the installation. Participants will have access through all gates that size permits (Main Gate and Gate 20) and will be subject to RANDOM vehicle inspections. At the Main Gate RAPIDGate participants will be able to use either lane, enabling fast access onto the installation through that gate.

Non-RAPIDGate participants and companies that choose not to participate in the RAPIDGate Program will be required to access the installation through Gate 20, whereby a Temporary day pass will be issued for each person. Contracts with a duration of 30 days or less will be required to apply for a pass under an exception to policy. The maximum pass period AS an exception to policy is 30 days with approval by the DES Physical Security Branch. To apply for a 30 day pass, the company is required to provide Physical Security a copy of the contract award, along with identification.

Companies that service Fort McCoy may enroll in the RAPIDGate Program by calling 1-877-RAPIDGate (1-877-727-4342). The Program will confirm with the installation Physical Security Branch that the company has legitimate business on the installation. Once the company has enrolled, its employees can register at the self service KIOSK Registration Stations located at the Fort McCoy Visitor Control Center (VCC) in building 35.

The RAPIDGate Program confirms the individual's employment status with the company, and then performs identity authentication and background screening. Employees who qualify are issued a personalized RAPIDGate ID Credential Badge. The Program performs background screening on a regular basis to verify continued eligibility in the Program.

Questions about the Fort McCoy RAPIDGate Program should be addressed to info@rapidgate.com with the subject line RE: RAPIDGate Program, or to the Physical Security Branch, Directorate of Emergency Services at 608-388-8445 or mark.a.reaves.civ@mail.mil

1.6.7.1.4 Security Requirements: The contractor and all associated subcontractors' employees shall provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. The contractor and all associated subcontractors' employees shall also comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Government may require monthly participation in the Installation Random Antiterrorism Program".

1.6.7.1.5 Key Control: Not Applicable.

1.6.7.1.5.1. Lock Combinations: Not Applicable.

1.6.7.2 Removal by Garrison Commander. The Garrison Commander may, at his/her discretion, bar an individual from the Installation under the authority of 18 USC 1382 (1972), AR 210-10 (Administration), and the National Industrial Security Program Operating Manual (NISPOM) for conduct determined contrary to good order, discipline, or Installation security. The contract management shall immediately notify KO, COR, Government POC and physical security branch of the removal of any contractor or sub-contractor.

1.6.7.3 Removal by Installation Police. Contractor employees may be denied entry to the Installation by Military Police if it is determined that such entry may be contrary to good order, discipline, or the security of the Installation. Military Police may remove any Contractor employee from the Installation for reason of misconduct or security. The contract management shall immediately notify KO, COR, Government POC and physical security of the removal of any contractor or sub-contractor.

1.6.7.4 Restrictions. The Contractor shall not employ any person who is determined by the Installation Commander to be a potential threat to the health, safety, security, general wellbeing or operational mission of the Installation or its population, to include personnel who are, or become, barred or restricted from the Installation. The Government reserves the right to require removal of any contractor personnel from the job site who endanger persons or property, or whose continued employment is inconsistent with the interest of military security. The Government also reserves the right to require the Contractor to remove from the job site, any employee found to be under the influence of alcohol, drugs or any other incapacitating agent or any employee involved in the theft of Government property. The removal from the job site of such personnel shall not relieve the Contractor of the requirement to provide personnel to perform services.

1.6.7.5 Removal by Contracting Officer (KO). The Contracting Officer may require the Contractor to remove any employee, working under this contract, for reason of misconduct or security. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interest of the Government. The contract management shall immediately notify COR, Government POC and physical security of the removal of any contractor or sub-contractor.

1.6.7.1.5.2. Special Qualifications: The contractor shall be licensed as a Conventional Onsite Sewage System Operator through the Wisconsin Department of Natural Resources. The contractor shall provide proof of license in their proposal.

The contractor shall be permitted through the Wisconsin Department of Natural Resources. The contractor shall provide proof of current DNR permits and approvals.

The contractor shall dispose of all waste material at an approved on post site location. The contractor shall not dump any waste material on Fort McCoy, WI.

Disposal shall be in accordance with existing local, state and federal regulations.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, 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.

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

1.6.10 Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the COR 14 days prior to the contract start date and updated as needed for change in personnel. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between are 7:30 AM thru 4:00 PM Monday through Friday excluding Federal Holidays or when the government facility is closed for administrative reasons.

1.6.11. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.12 Contractor Travel: Not Applicable.

1.6.13 Other Direct Costs: Not Applicable.

1.6.14 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 supplied 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.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.16 Phase In/Phase Out: Only required if there is a change of Contractors on a follow on contract.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

The definitions set forth below are those unique to this contract. Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the contract. The definitions provided below are oriented to Fort McCoy’s contract services environment. In addition to the list of general definitions, which apply to all functional areas, additional definitions are provided for most functional areas. In many cases definitions are situationally specific. The total listing of definitions is not all-inclusive, but it has been derived from official publications, e.g., regulations, technical manuals, etc., when available.

Abandoned Property. Abandoned property is that lost, abandoned, or unclaimed personal property defined as any privately-owned personal property which has come into the custody or control of any Military Department and which is unclaimed by the owner (see DoD 4160.21-M).

Accountability. Accountability is the obligation to keep accurate and complete records of property, documents, or funds. Important data elements may include, but are not limited to, identification data, gains, losses, due-ins, due-outs, and balances on hand or in use.

Accurate. Factual and correctly tabulated data.

Acts of God. Acts of God include natural disasters such as hurricanes, floods, severe tropical disturbances with winds exceeding 50 mph over a period of four (4) hours; tornadoes; blizzards; earthquakes whose epicenters are located within 50 miles of any installation listed herein and measure over 4.0 on the Richter scale, or which register greater than 5.0 on the Richter scale regardless of distance of the epicenter from any supported activity Army Property. All property under Department of the Army (DA) control, except property accounted for as owned by a non-appropriated fund (NAF) activity. “Government Property” and “Army Property” are used synonymously with “Property”.

Authentication. To determine as real and true or as genuine; i.e., services were ordered and performed or certified true copy.

Calendar Year (CY). A period beginning January 1 and ending December 31 of the same year.

Classification. The inspection of materiel to determine and record the existing state of serviceability.

Clean. Free from dirt, contamination, or impurities; unsoiled, unstained.

Command Responsibility. The obligation of a commander to insure proper care, custody, and safekeeping of all government property within the command. (AR 735-5)

Completion of Work. Thorough and finished work that shall be considered completed wherein all the required actions and data have been received by the government.

Compliance. Action in accordance with all State, Federal, and local standards and regulations. It also means actions in accordance with a schedule or plan ordered or approved by a court of competent jurisdiction, the State of Wisconsin or the Environmental Protection Agency as dictated by the Clean Air Act, Clean Water Act, or FIFRA, and regulations issued pursuant thereto.

Contract Discrepancy Report (CDR). A report used to document unsatisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

Contract Administrator. The official Government representative delegated authority by the contracting officer to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters.

Contract Discrepancy. A failure of the Contractor to perform in accordance with contract requirements and specifications. A contract discrepancy may result from a failure of the Contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract standards.

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

Contractor. The Contractor, its subsidiaries and affiliates, joint ventures involving the Contractor, or any entity with which the Contractor may have merged or any individual or entity that assisted or advised the Contractor in the preparation of proposal under this solicitation.

Corrective Action. Consists of those efforts required to correct reported deficiencies and determine that other products are not similarly defective.

Customer. Refers to units/activities listed in this contract. Includes units/activities authorized support on an Inter-service Support Agreement.

Customer Complaint Record. Unscheduled surveillance of Contractor’s work prompted by people receiving the service. The COR may receive customer complaints about the Contractor’s performance or quality of service. The COR may review the unsatisfactory performance, verify the Contract requirement and provide the Contractor notification of deficiencies.

Damage. A condition impairing either value or use of an article that may occur in varying degrees. Property may be damaged in appearance or in expected useful life without rendering unserviceable or less useful. Damage also shows partial unserviceability. Usually implies that damage is the result of some act or omission. (AR 735-5) Deficiency. A shortcoming in the quality or state of service performed.

Discrepancy. Disagreement between the quantities or condition of property on hand and that required to be on hand, as shown by an accountability record of the property. It is usually a disagreement between quantities or condition of property actually received in a shipment and that recorded on the shipping document. This type of discrepancy generally is referred to as a “discrepancy incident to shipment." Another form of discrepancy is when a disagreement exists between a stock record balance and the result of a physical count or inventory. (AR 735-5) Distribution. Provided to the specified addressees.

Fair Wear and Tear (FWT). Loss or impairment of appearance, effectiveness, worth, or utility of an item that has occurred solely because of normal and customary use of the item for its intended purpose.

Federal Acquisition Regulation (FAR). A Federal regulation establishing uniform policies for acquisition by all executive agencies.

Federal Holidays: Recognized legal federal holidays.

Files/Records/Documents. All books, papers, maps, photographs, notebooks, computer tapes, magnetic tapes, punched cards, floppy disks, holograms, computer output, microfilm, microfiche, film slide, vu-graph transparencies, or other documentary materials, regardless of physical form or characteristics, created or received by the Contractor in connection with the transaction of public business.

Fiscal Year (FY). The Government fiscal year (FY) begins every October 1st and ends the following September 30th. The fiscal year is designated by the calendar year in which it ends. For example, Fiscal Year 2011, abbreviated FY 11, begins 1 Oct 10 and ends 30 Sep 11.

Frequency. The number of times collection, service or work is provided in a given period of time.

Government. As used herein, any person or organization representing the Department of Defense to include all Federal agencies who receive service under this contract, or directs or reviews the Contractor’s work during performance of the requirements of this contract.

Government-Furnished Equipment (GFE). Government-owned equipment furnished to a Contractor for the performance of a contract.

Government-Furnished Property (GFP). Government-owned property furnished to a Contractor to perform the requirements of the contract. It is defined as (1) facilities, (2) materiel, (3) special tooling, (4) equipment, and (5) military property. The GFP will be offered, and, if accepted by the Contractor, will be provided in a condition suitable for its intended purpose. GFP includes Government-Furnished Material (GFM) and Government-Furnished Equipment (GFE). (AR 735-5)

Inspection. The examination/testing of supplies and services to determine whether they conform to technical requirements/standards.

Inventory. A physical count of items of stock located within an installation or activity for verification of the recorded stock balance.

Inventory Accounting. Establishment and maintenance of accounts for materiel in storage, in the manufacturing process, on hand, in transit, or on consignment in terms of cost or quantity. The accounting process includes maintenance of supporting records or rendition of reports when required. Specific types of inventory are detail, summary, financial, and item accounting. (AR 735-5)

Joint Inventory. A physical count of items conducted by individuals representing separate interests for the purpose of establishing the quantities of property on hand.

Loss. Loss of, damage to, or destruction of property of the U.S. Government under control of the Army. Includes loss from government accountability. Property is considered lost when it cannot be accounted for by the person responsible for it.

Loss and Damage Claims. A written document submitted by persons or agencies in an attempt to recover dollars for losses and/or damages.

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

Marking. The application of numbers, letters, labels, tags, symbols or colors for handling or identifying during shipment and storage.

Negligence. Act or omission that a reasonable person would not commit under similar circumstances.

Normal Operating Hours. Those continuous hours designated by the installation Commander or Contracting Officer for organizations and activities to perform work functions on a recurring, day-to-day basis. Excludes Saturdays, Sundays, and legal holidays.

Obligation. The dollar amount specifically reserved against an appropriation or fund for expenditure in payment of an order placed, contract awarded or service rendered.

Packing. Application or use of exterior shipping containers and assembling of items of packages therein, together with necessary blocking, bracing, or cushioning, weatherproofing exterior, strapping, and marking of shipping containers.

Performance Work Statement (PWS). A document that describes accurately the essential and technical requirements for providing items, materiel, or services, including the standards used to determine whether the requirements have been met (Section C of this contract).

Performance Evaluation Meetings. The contract manager may be required to meet with the KO/COR to discuss Contractor performance under the contract. If requested by the Contractor, a meeting will be held whenever a Contract Discrepancy Report is issued. The written minutes of these meetings shall be signed by the Contractor’s project manager, the Contracting Officer, and the COR. Should the Contractor not concur with the minutes, the Contractor shall state any areas of non-concurrence in writing to the Contracting Officer within 10 calendar days of receipt of the signed document.

Performance Requirements Summary (PRS). Summary of performance requirements and inspection methods that define acceptable level of performances.

Planned Sampling. A method of looking at a subjectively determined collection of attributes or items in a lot to form general conclusions about the quality of that lot against a standard.

Privately Owned Vehicle (POV). A vehicle owned by a person or business and not the government.

Procurement. Purchasing, renting, leasing, or otherwise obtaining supplies or services.

Property. The terms “government property,” “Army property,” and “property” include all property under the control of the Department of the Army, except property accounted for and owned by a non-appropriated fund activity.

Quality. The composite of all attributes or characteristics, including performance of an item or product.

Quality Control. That function of management relative to all procedures, methods, examinations, and tests required during procurement, maintenance, repair, storage, receipt and issue that are necessary to provide the user with an item of the required quality. QC is the Contractor’s responsibility.

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

Repair. To restore an item to a serviceable condition through correction of specific failures or unserviceable conditions.

Sample. A sample consists of one or more drawn from a lot, the outputs being chosen at random. The number of outputs in the sample is the sample size.

Shall. The word “shall” is used in connection with the Contractor and specifies that the provisions are binding.

Timely. Provided within the specified time frames.

Unserviceable Item. An item which, through normal fair wear and tear (FWT), misuse, mistreatment or neglect, can no longer be used for its intended purpose.

Vendor’s Invoice. A billing for supplies or equipment delivered, or services performed, in behalf of the purchaser.

Will. The word “will” is used to express a declaration of purpose on the part of the government.

Willful Misconduct. Any intentionally wrongful or unlawful act dealing with property concerned.

Work Day. A workday is defined as the normal duty shift set by the local command.

2.2. ACRONYMS:

As used in Performance Work Statement (PWS) and in the performance of this contract, the following acronyms and abbreviations will apply.

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 GOVERNMENT-FURNISHED PROPERTY

Government-Furnished Property (GFP) consists of Government facility placed in the Contractor’s custody. The Contractor shall not use GFP or services for any other purpose than those described in this PWS. The Contractor shall not remove GFP from the installation without review and written approval from the Contracting Officer. The Contractor shall maintain updated documentation for all GFP using a DA Form 3161 hand receipt. The Contractor shall be accountable for all GFP.

3.1.1 Contractor’s Location

A reasonable outdoor storage area will be provided for portable toilet and portable sink storage on post, with the location to be designated by the COR, at no cost to the Contractor for compliance with this contract. The Contractor shall maintain such facility space to the same standards as similar areas occupied by the Government. The Government will not furnish any facilities/buildings to the Contractor for use as office space throughout the period of the contract. Storage area is intended to be used for storage space only. The storage area may not be used for any operational purposes to include, but not limited to, vehicle maintenance, vehicle repair, primary place of business, office space, etc. There is no guaranteed minimum amount of storage space to be provided. The storage area may change throughout the performance due to changing mission requirements. The Government will not be held liable for any damages, loss, etc. to Contractor property that is left in the Government Furnished Storage Area.

3.1.1.1 The Contractor shall not make alterations to the facility space without specific written permission from the Contracting Officer. Upon completion of the contract (or termination, thereof), the Contractor shall vacate and restore the facility space and premises to the condition in which it was received. Fair wear and tear is allowed.

3.1.2 Accountability of All Government-Furnished Property

The Contractor shall be liable when damages of GFP are disclosed; when GFP is damaged or destroyed; or when there is evidence of unreasonable use of Government property. The Contractor shall submit a completed DD Form 200 (IAW AR 735-5) for all damaged or destroyed GFP. The report shall include justification and explanation for damage or destruction of GFP. The Contractor shall submit this report to the COR within 5 working days of the discovery.

3.1.2.1 Inventory Loss and Completion of Causative Research

Not applicable.

3.1.3 Supplies and Material

No Government furnished supplies and/or materials shall be provided under this contract. The Contractor shall provide all supplies and material for use in performing the requirements of the PWS, unless otherwise specified herein. The Contractor is expected to provide all personal protection equipment, e.g., respirators, hearing protection, eye protection, gloves, safety boots, etc., IAW OSHA standards for all Contractor employees.

3.1.3.1 Equipment

The Government will not furnish any equipment to the Contractor under the terms of this contract.

3.2 SERVICES

No Government furnished services, except as outlined below, will be provided.

3.2.1 Emergency Medical Services

The Government will provide emergency medical services to Contractor personnel operating on the Installation, within the capabilities of the Installation services, until the emergency situation no longer exists or until the employee is turned over to another health care provider.