W911SA-20-Q-3063 Ft. McCoy WI - Portable Latrine - Amendment 2 4-15-20.pdf

0011437524

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of Amendment Tw o (2) is to answ er vendor questions; administratively updated clause 52.212-5, added clause 52.237-3 and removed clause 52.217-7; and provide photos examples of latrine sites and roads. All other solicitation information remains unchanged.

The Point of Contact for this actions is Shannon Baker, phone: (608) 388-2218, email: shannon.a.baker2.civ@mail.mil

1. CONTRACT ID CODE PAGE OF PAGES

1 31

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Apr-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911SA20Q3063

X 9B. DATED (SEE ITEM 11)

23-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Apr-2020

CODE

MICC - FT MCCOY

BLDG 1108 SOUTH R ST

FORT MCCOY WI 54656-5153

W911SA 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911SA20Q3063

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.237-3 Continuity Of Services JAN 1991

The following have been added by full text:

VENDOR QUESTIONS / ANSWERS

Q1 - With the way the solicitation is worded, it seems like a lot of units for one base. Is your intention of have that many at one time? Or would be it acceptable to recycle units once they are no longer used for a project for the next project?

A1 – This requirement is an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Orders will be placed as needs arise for the items on the solicitation. It is not the Government’s intention to have the quantities listed in the solicitation all placed at the same time. It is anticipated that during the course of this contract there will be workload increases and decreases. The maximum quantities listed in the solicitation are anticipated quantities that could be ordered each year. Items can be relocated and used elsewhere once they are no longer needed at one site or the task order is complete. To get a better idea of how the items could be ordered on a monthly basis please see Attachment 4 – Historical Quantities. Please keep in mind that the CLIN structure and requirements have changed compared to previous contracts. Quantities and dates provided on Attachment 4- Historical Quantities are for the previous CLIN structure, not the current solicitation requirement structure.

Q2 - We rent our units by the day, week, and month. If you have a project that will run for just 30 days, then it would be a month but we could cut down the cost if we could use that same unit for the next project. As long as the units used are for non-concurrent projects, we could use less units, making our proposed price less. Is this possible?

A2 – Please see Answer to question 1. In addition, as needs arise, items can be use concurrently. i.e. A unit is used for one month at a site and then used again for one month at the same site for two separate task orders. The government cannot combined two task orders for latrine services, i.e. Task Order 1 for Alpha Company Training between 1 May – 15 May at site A and Task order 2 for Bravo Company Training between 16 May – 30 May at site A. Even though both of these task orders have the same services and location they cannot be combined into a 30 day rental due to accounting issues, they are not for the same training units.

As stated in the PWS 1.1 Reasonable outdoor storage areas will be provided for portable toilet and portable sink storage on post, with the locations to be designated by the COR, at no cost to the Contractor for compliance with this contract. The Contractor shall maintain the designated locations to the same standards as similar areas occupied by the Government. This should also decrease transportation cost for our vendor.

Q3 - Please provide last 2 years supporting CLIN info on the amount that has been billed for rental services. Last time they provided a spreadsheet for each month billed per CLIN so we can see past history of what has been ordered.

A3 – CLIN structure and requirements have changed compared to previous contracts. Quantities and dates provided on attached spreadsheets are for the previous CLIN structure, not the current solicitation requirement structure.

Please see PWS Attachment 4 – Historical Quantities.

Q4 - Looking over some of the scopes, is there any requirement for what type of toilet paper, hand sanitizer, soaps needed?

A4 – Specification for Contractor Furnished Items can be found in section 4.10 of the PWS. 4.10.2 Toilet Tissue:

At a minimum, the Contractor shall provide two (2) ply type II medium soft, roll toilet tissue, approximately 4-1/2 inches wide minimum roll size of 500 sheets in every portable latrine; 4.10.5 Hand Sanitizer: At a minimum, the Contractor shall supply hand sanitizer with alcohol concentration between 60-90%, when dispensers are present on Contractor owned equipment; and PWS 4.10.4 Hand Soap, Liquid: At a minimum, the Contractor shall supply liquid hand soap, mild, 15% solution at every hand soap canister provided by Contractor.

Q5 - When it comes to setting the units, then find out they need to be moved to a different location because they changed exercises, would we bill another rental CLIN for that time period or do you use the CLIN for moving the toilets?

A5 – After the Award of the Task Order the Contractor Portable latrines and portable sinks are to be delivered to various locations throughout the Installation of Fort McCoy one (1) day prior to required date of use. Once the Portable latrines and portable sinks have been placed and a change in the site location occurs the Contractor shall meet with the COR or DGR to receive new relocation requirements. CLIN X010 Latrine/ Portable Sink Relocation will be charged.

Q6 - Has any warnings or KO write-up occurred during the contractor issues? Pretty much looking at any issues on ordering, toilet tip overs from weather, frozen unit issues. This might just help for future service.

A6 – The Government does not release detailed information on past contract issues during the procurement of the future contract. Please read PWS paragraph 5.3.1.3 Overturned Latrines and 5.4.1.3 Overturned Sinks for Contractors expected performance.

Q7 - During winter time, units will freeze no matter what and hand wash stations cannot be used outside. It shows best efforts on contracts to keep things thawed. What do you see as best efforts?

A7 – The only time freezing prevention is discussed in the solicitation is in section 5 of the PWS. PWS 5.3.1 Servicing of Latrines states that the Contractor shall take steps to prevent freezing of solution in the holding tanks to the greatest extent possible. The Government understands that freezing will occur. Communication between the Contractor and COR of latrines that can not be kept operational shall occur.

Q8 - What type of mix for winter use is required, any certain specs on winter salt brine or methanol percentage?

A8 – The type of mix for winter use should be a salt mixture or a non-flammable solution. This is a performance based requirement, there no specifications on what mixture percentage is required to keep the latrine operational during the task order period of performance.

The following have been modified:

PWS

PORTABLE LATRINE AND PORTABLE SINK SERVICES

PERFORMANCE WORK STATEMENT (PWS)

Fort McCoy, Wisconsin

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide portable latrines, portable sinks, greywater tanks, and support services. 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, portable greywater tanks, pumping and removal of greywater from portable greywater tanks/bladders, and other services as defined in this Performance Work Statement (PWS), (except as specified herein as Government Furnished) necessary for rental and service of portable latrine and portable sinks at Fort McCoy, Wisconsin. Reasonable outdoor storage areas will be provided for portable toilet and portable sink storage on post, with the locations to be designated by the COR, at no cost to the Contractor for compliance with this contract. The Contractor shall maintain the designated locations 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 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 storage locations to the condition in which it was received. Fair wear and tear is allowed. The Government will not be held liable for any damages, loss, etc. to Contractor property that is left in the storage location.

1.2 Background: Fort McCoy is situated on approximately 60,000 acres in the Coulee Region of West Central Wisconsin. It is located on Hwy 21 between the cities of Sparta and Tomah. Fort McCoy’s primary mission is to underpin readiness of the Force by serving as a training center and support site for power projection missions. The Contractor shall provide services to furnish, clean, sanitize and maintain contractor furnished portable latrines, portable hand washing stations, and portable greywater tanks.

1.3 Objectives: The objectives of this requirement are to provide, clean, and maintain portable latrines, portable sinks, portable latrines that meet ADA Standards, portable sink trailers and greywater tanks. In addition, this requirement requires pumping out and cleaning of greywater holding tanks and bladders placed by the contractor or training units at various sites on Fort McCoy-Provide and clean contractor furnished portable latrines.

1.4 Scope: The Contractor shall perform to the standards and specifications outlined in the Performance Work Statement. Supply portable toilets and portable sinks, during the contract period as ordered. Past history indicates that 700 portable latrines, 400 portable sinks, five (5) greywater tanks, and a hand wash trailer, but not limited to, have been placed on the Installation at any one time. The peak period for the rental latrines and sinks are during the months of March through October of each year. It is anticipated that during the course of this contract there will be workload increases and decreases. The workload information displayed in the text, attachments and in technical exhibits is based on annual data, where available, or extrapolated to represent estimated annual workload where less than one (1) year’s data was available. This workload is provided to assist offeror’s in proposal preparation and shall not be a limiting factor on the Contractor's obligation to perform all services described in this contract to the required level of effort. Payment will only be made by the Government for services ordered, received, and accepted at the prices specified in the bid schedule, less any payment deduction for unsatisfactory services not re-performed.

The Contractor will receive a task order or contract modification identifying requirements and will receive additional guidance or clarification about placement of latrines and sinks from the COR or Designated Government Representative (DGR) on a daily service sheet. The Contractor will not be compensated for work performed that is not authorized on a daily service sheet, task order or contract modification.

1.5 Period of Performance: The period of performance shall be for a one (1) 30 day phase in, one (1) 12 month base period and four (4) 12 month option periods with a six (6) month option to extend services.

1.6 General Information

1.6.1 Quality Control Plan: 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 the start of contract performance to the Contracting Officer’s Representative (COR). The Contractor shall establish and maintain an efficient and effective Quality Control (QC) Program to ensure conformance to contract requirements. The plan shall include, but is not limited to the following:

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

b. It shall specify the frequency of the inspections.

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

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

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

1. Date, time and location of the inspection.

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

3. Rating of acceptable or unacceptable.

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

5. Total number of inspections.

f. 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.

Nonconforming services shall be re-performed at no increase in contract price. If the nonconforming 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 (CDR) 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 nonconforming 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. Nonconforming 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 7.1.), the Government may reject the nonconforming service(s) and document the contractor’s performance record accordingly. The Government may also issue a 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 Non-conforming 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: Defined as a nonconformance 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 nonconformance usually can be corrected on the spot, where no further CA response is necessary, and can be issued by the COR to the contractor either through a verbal or written nonconformance report. Minor nonconforming services shall be re-performed within a specified time frame at no increase in contract price. If minor nonconformance is recurring or re-performance is not completed in full and within the specified time a Level II nonconformance may be issued to the contractor by the Contracting Officer (KO).

1.6.2.1.2 Level II (Major) nonconformance: Defined as a nonconformance, 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 nonconformance, or a non-responsive contractor, indicating a trend or failure of the contractor’s quality control, can also be classified as a Major nonconformance. Major nonconformance’s shall result in the issuance of a written Non-Conformance Report (NCR) 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 nonconformance and the date CAs will be completed.

1.6.2.1.3 Level III (Critical) nonconformance: Defined as a nonconformance 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 NCRs; or is for a non-responsive contractor to a level II NCR. Critical nonconformance’s shall result in the issuance of a written NCR 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 nonconformance 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.

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

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 DPW working hours are 7:30 AM thru 3:30 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.

UNLESS otherwise specified in these provisions, or approved by the Contracting Officer or the COR, services will be performed during daylight 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, WI (FMWI) as necessary to perform the work under this contract.

1.6.6 Type of Contract: Firm Fixed Price, Indefinite Delivery/Indefinite Quantity (ID/IQ) Service Contract.

1.6.7 Antiterrorism (AT) and Operations Security (OPSEC)

1.6.7.1 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 COR NLT 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.

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

1.6.7.3 Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters, Department of the Army (HQDA), and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractor and all associated subcontractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures. A listing of issued identification cards shall be furnished to the COR NLT 14 days prior to the contract performance start date and updated as needed to reflect Subcontractor personnel changes.

The contractor shall also provide all information required on the Fort McCoy forms 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a National Crime Information Center Interstate Identification Index (NCIC-III) Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An unfavorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors shall complete and submit FM forms 451 and 452 to the COR no later than seven (7) days prior to the required entry date requirement for each employee.

Information required for Criminal History Check:

Full Name, Including middle name(s) Sex Date of Birth Driver’s License information Issuing State Beginning and End date Access Hours

Work location Company Name Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794.

1.6.7.4 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 NLT 14 days prior to the contract performance start date and updated as needed to reflect personnel changes. Contractor workforce must comply with all personal identity verification requirements Federal Acquisition Regulation (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 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 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 Measures”

(RAM).

1.6.7.5 Key Control: RESERVED

1.6.7.5.1 Lock Combinations: RESERVED.

1.6.7.6 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 subcontractor.

1.6.7.7 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 subcontractor.

1.6.7.8 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.

1.6.7.9 Removal by Contracting Officer (KO): The KO 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 KO 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 subcontractor.

1.6.7.9.1 Special Qualifications: The contractor shall have a Wisconsin Department of Natural Resources Septage Business License valid at the start of the Contract. A digital copy of the current license must be provided to the COR NLT 14 days prior to the contract performance start date and as changes occur.

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 FAR subpart 42.5, Post Award Orientation. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the KO 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 NLT 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 Monday through Friday between 7:30 AM thru 4:00 PM, excluding Federal Holidays or when the government facility is closed.

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.

a. Contractor shall submit a Phase In / Phase Out Plan NLT 14 days after award or upon Notice to Proceed (NTP), whichever is of the later to the COR. See 5.2 Phase Plans.

b. Contractor shall attend a Phase In meeting with the incumbent Contractor no later than two (2) weeks prior to the full contract performance.

c. During Phase In, the Contractor shall perform delivery during hours of daylight NLT one (1) day prior to full contract performance. The Contractor may place them once the Contractor Phase In / Phase Out Plan is approved, but there is no compensation for early placement.

d. Contractor shall attend a Phase Out meeting with incoming Contractor no later than two (2) weeks prior to the full performance of the new contract.

1.6.17 Traffic Accidents: If the contractor is involved in a traffic accident, the contractor shall notify the Directorate of Emergency Services (DES) immediately, and provide the Installation Safety Office, a verbal report within four

(4) hours and a complete written report of each occurrence within three (3) working days of each occurrence. The contractor is responsible for all tickets, fees, and other costs associated with traffic violations or accidents that are incurred by the contractor, while performing work under this contract. DES contact numbers:

Ambulance/Fire/Police Emergencies. 9-1-1; Law Enforcement Non-Emergency.608-388-2000.

1.6.18 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. The Contractor is responsible for all costs and actions once the government emergency medical personnel complete their duties.

1.6.18.1 Security and Fire Protection: The Contractor shall be responsible for the security of his supplies, equipment, and vehicles. Key control is also a Contractor responsibility. The Government will provide fire protection services. The Contractor shall adhere to the security and fire directives, instructions, and policies of

FMWI.

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.

Contracting Officer Representative (COR). 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 (CA). 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 (CCR). 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.