Performance_Work_Statement_RFI.pdf

PERFORMANCE WORK STATEMENT (PWS)

for

REFUSE COLLECTION SERVICES AT FORT BLISS, TX

Part 1

General Information

1 General. This is a non-personal services contract for Municipal Solid Waste (MSW) collection and disposal. It also includes Operations and Maintenance (O&M) of the Fort Bliss owned landfill and operation of the Government owned wood grinder/mulcher. The landfill is nearing full capacity and only limited dumping will be allowed. All MSW shall be disposed off-site at the El Paso Landfill or any other permitted municipal solid waste landfill. The goal is to support the installation mission by providing a clean, healthy environment for occupants, users, and visitors. To meet this goal, close coordination is required between the Contractor and the Contracting Officer’s representative (COR) to efficiently manage MSW collection and disposal services under this contract while minimizing disruptions to Government operations and meeting security requirements. Current listings of facilities with refuse collection containers and current planned collections are in Technical Exhibit (TE) 3, “List of Facilities to Currently Receive Services.” This contract will require weighing of all refuse collected.

1.1 Description of Services. The Contractor shall provide all personnel, equipment, supplies, facilities (to include latrines or portable toilets at the MSW facility and landfill as needed), vehicles, transportation, tools, materials, supervision, and other non-personal services necessary to perform and manage all MSW including landfill operations and the collection, transportation, and disposal of all refuse generated at Fort Bliss. This contract does not include the Fort Bliss Housing Areas. The Contractor shall operate the wood grinder, which will be provided as Government Furnished Equipment (GFE), and actively divert all clean wood and grind it. See Section 1.21. The Contractor responsibilities shall include, but not be limited to, providing repair parts, tools, shelter, and maintenance personnel to perform repairs on Contractor Furnished Equipment (CFE) and Government property under this contract. The Government will provide all refuse collection containers for use in this contract (dumpsters, roll-offs, and compactors) as Government Property. All other related equipment and property will be the responsibility of the Contractor to include, but not be limited to latrines, trucks, or cleaning facilities. The Contractor shall perform in accordance with (IAW) all terms, conditions, specifications, and standards contained in this contract and shall obtain such permits, bonds, licenses, or other authorizations as may be required. Non-Fort Bliss waste should not be collected by the vehicles or services in this contract. A list of deliverables is detailed in TE 2.

The Contractor shall provide these items to COR as designated in TE 2. The Contractor shall comply with all applicable laws and regulations as noted herein and detailed below. Although Fort Bliss is the owner and permittee for the landfill, the Contractor shall be responsible for any violations or fines assessed by regulatory agencies due to any Contractor negligence, breach, omission or failure to act. A copy of the landfill permit and permit modification are included in TE 6, Landfill Permit and Permit Modification. It is the Contractor's responsibility to become familiar with its contents. The Contractor shall comply with Technical Manual (TM) 5-814-5, Sanitary Landfill dated 15 Jan 94, see TE 7; this includes compliance with the restriction of the disposal of Hazardous Waste (HAZMAT) at landfills. The Contractor shall also comply with criteria for limiting bulk or non-containerized liquid waste placed in the landfill including household waste, leachate, and gas condensate.

1.1.1 Contract Omissions and Other Errors. The Contractor shall bring contract omissions and other errors discovered to the immediate attention of the Contracting Officer (KO) upon becoming aware of inconsistencies, contradictions, omissions, and other errors.

1.1.2 Initiation of Service. The Contractor shall coordinate with the incumbent contractor for an orderly changeover of services. The Contractor shall commence operations in accordance with (IAW) this PWS and the approved collection plan immediately after award. Contractor shall coordinate service collection plans and other operations such that there is no break in MSW collection services to the customers and landfill operations.

1.1.3 Laws and Regulations. The Contractor shall comply with all applicable laws and regulations, including but not limited to, federal law, New Mexico (NM) and Texas (TX) state law(s), Occupational Safety and Health Administration (OSHA) regulations, Army and Fort Bliss regulations, Environmental Protection Agency (EPA), Resource Conservation and Recovery Act of 1976 (RCRA), 40 Code of Federal Regulations (CFR) 258 and Texas Commission on Environmental Quality (TCEQ).

1.1.4 Fraud, Waste, and Abuse. The Contractor shall sustain proper conduct and discipline relevant to this PWS to include while fulfilling the terms of this contract on Ft. Bliss and outside Fort Bliss property. The Contractor shall encourage staff to be aware of and report suspected dishonest conduct relevant to this PWS to the KO.

1.2 Background. This PWS outlines the current MSW removal services requirements at Fort Bliss. The Contractor shall perform MSW removal services IAW Army Regulation (AR) 420-1 (TE 10) entitled “Army Facilities Management” Section III entitled “Non-Hazardous Solid Waste Management” except for recycling which is handled by another contract. IAW past records, Fort Bliss generates approximately 11,000 tons per year (TPY) of Type I (refuse) and 3,500 tons per year of Type IV (rubble) waste. All of this waste with the exception of limited calendar year per quarter (up to 20 CY) will be disposed of off post in the city or other approved landfill. The Fort Bliss landfill is scheduled for closure during the next five years. The closure will be done by others; however the Contractor shall cooperate with the closure Contractor. If the closure contract is executed during the period of performance for this contract, this contract will be modified to remove the landfill operations through the KO. At this time or before, the option for a Citizen Collection Roll Off Station can be exercised by the KO. The latest Fort Bliss Landfill Site Operating Plan stipulates how to operate and maintain the landfill under this contract, refer to TE 8.

1.3 Objectives. The Contractor shall provide MSW services to include proper MSW collection, disposal, and diversion IAW the requirements of this performance work statement. TE 3 identifies locations and pickup frequencies of all active refuse collection containers. However, the locations may be changed as required by the COR. The objective of this contract is to consistently sustain prudent Fort Bliss MSW removal services IAW AR 420-1 Section III and other relevant mandated policy, regulations, laws, codes, and other relevant written guidance.

(Refer to TE 10).

1.4 Scope. This contract includes all the functions, tasks and responsibilities normally performed by MSW removal service providers to include proper MSW collection, disposal, and diversion IAW their submitted operating plan and approved collection plan. The Contractor shall perform MSW removal services to the standards in this contract and in a manner that will sustain a satisfactory installation condition of cleanliness IAW all applicable local, state, and federal laws and regulations. . The Contractor shall submit a monthly listing of all active and inactive refuse collection containers noting location and collection plan. The monthly listing shall be submitted with the monthly invoice, the Contractor shall separately list any refuse collection containers not immediately adjacent to Fort Bliss facilities, temporary service refuse collection containers and inactive refuse collection containers.

1.5 Period of Performance (POP). The POP will remain in year increments, but the timelines are subject to slippage up until award. The POP shall be for one (1) base year of 12 months and one (1) 12 month option years as follows:

Phase-In Period 30 September 2015 through 31 October 2016 Base Year 1 November 2015 through 31 October 2016 Option Year I 01 November 2016 through 31 October 2017 Option IAW 52.217-8 01 November 2017 through 30 April 2018

1.6 Quality Control (QC). QC is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government IAW the terms and conditions contained in Federal Acquisition Regulation (FAR) 52.246-1, entitled “Contractor Inspection Requirements” and applicable sub clauses pertaining to QC. The Contractor shall develop, implement, and maintain an effective QC system which includes a written QC Plan (QCP) to ensure services are performed IAW this PWS.

1.6.1 Quality Control Program (QCP). QCP is the responsibility of the Contractor. The QCP is the means by which the Contractor assures that the work complies with the requirements of the contract. The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection;

discrepancy identification and correction; Corrective Action (CA) procedures to include procedures for addressing Government-discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints. If a Contract Deficiency Report (CDR) is issued by the COR, the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, CA per root cause, CA per specific non-conformance and CA to the root cause to prevent recurrence and a timeline for completion. The Contractor shall then develop and implement procedures to identify, prevent, and ensure non-recurrence of cited deficiencies. The Contractor shall provide their QCP in a Microsoft Office (MS) Office format submittal NLT ten (10) calendar days after contract award; changes to the QCP after award shall be submitted to the KO and COR seven (7) calendar days prior to the proposed changes thereafter. After acceptance of the QCP, the Contractor shall receive the KO’s written acceptance of any proposed change to their QCP. The QCP must be forwarded to and accepted by the KO. The QCP shall, at a minimum, include:

information on setting up collection routes for efficient, timely service, type of inspections (random, unscheduled, etc.), the Contractor's planned guidance to his employees in accomplishing responsive work, how deficiencies in service shall be detected internally prior to any surveillance by the COR, how deficiencies shall be handled if COR reports of poor performance are received, how the Contractor intends to keep abreast of the need for alterations in collections or refuse collection containers for the highest service efficiency, and how he plans on making any recommendations for change. Part of the Contractor’s QCP should be keeping abreast of refuse collection container usage and so informing the COR; if full refuse collection containers are somehow missing, then the QCP shall address improvement. If a full refuse collection container is discovered by the Government immediately after the collection day, then the Contractor shall respond (empty it) within four

(4) hours of notification by the COR.

1.7 Quality Assurance (QA). The Government will evaluate the Contractor's performance under this contract in accordance with the QA Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the maximum acceptable defective rates (ADRs) as illustrated within the PWS and Performance Requirements Summary (PRS). The QASP is NOT shared with the Contractor. Upon notification, the Contractor shall have two (2) hours to inform the COR about corrective actions (CAs) to the substandard service, special, or priority cleaning services. The COR will file complaints and discrepancies in a CDR, obtain stamped digital photos, and monitor future recurring unacceptable performances to establish non-performance trends. Valid customer complaints indicating the deficiency during the monthly service period will be forwarded to the COR for action.

1.7.1 Contracting Officer’s Representative (COR). The COR Management System Tool called the Virtual Contracting Enterprise (VCE) at the Acquisition Resource Center (ARC) at https://arc.army.mil/COR is for the nomination, tracking, documentation, and management of CORs. The Contractor shall be aware that the Government now requires the COR to input monthly Contractor performance reporting subject to the view of staff at all levels of the Government. 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 the Government drawings, designs, and specifications; monitor the Contractor's performance and notify both the KO and the Contractor of any deficiencies;

coordinate availability of the Government-furnished property (GFP), and provide site entry to 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.

1.7.2 Post Award Conference/Periodic Meetings. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The COR will meet periodically with the Contractor to review the Contractor's performance. At these meetings, the COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any. Appropriate action shall be taken to resolve outstanding issues. The Contractor shall be prepared to participate and attend, when asked installation review and planning meetings where diversion goals or other related MSW topics will be discussed. These meetings shall be considered in the overall contract price. The Contractor shall prepare meeting minutes, which includes but is not limited to details of the topics discussed at the meeting, action items, commitments, unresolved issues, etc., for all meetings with the Government and submit them for COR approval within two (2) working days of the meeting.

1.8 Hours of Operation.

1.8.1 Normal Duty Hours. The Contractor shall provide services between the hours of 0700 and 1600 Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Normal hours of operation for the installation are 0700 through 1700. Any work outside of the above hours by the Contractor shall be submitted for approval by the COR. The Contractor shall submit a request to work outside of these hours noting locations and times one week prior. The Contractor shall, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. Any use of the landfill outside the normal schedule shall be coordinated and approved by the COR. In these instances and at the direction of the COR, the Contractor shall be required to provide extended services in the form of after-hours landfill operation. An estimated sixty (60) hours annually may be required to work hours other than normal duty hours. The Government will notify the Contractor no later than (NLT) twenty four (24) hours prior to extended services.

1.8.2 Federal Observed Holidays.

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

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

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

When the Department of Defense (DOD) grants excused absence to its employees, the Contractor shall continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the KO or the COR.

Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions. If Government personnel are furloughed, the Contractor shall contact the KO or COR to receive direction.

All scheduled collections falling on holidays as noted above shall be picked up on the first working day after the holiday at no additional cost. The Contractor shall provide a Holiday Make-up Plan at least one week prior to the holiday, to the COR.

1.9 Place of Performance. Ft. Bliss Cantonment Areas and Training Area locations. The work to be performed under this contract will be at the current listings of facilities and schedules for tasks performed IAW TE 3 and the monthly collection plan throughout Fort Bliss installation and associated sites. However, the locations may be changed as required by the COR. The Fort Bliss Landfill is located four (4) miles north of Fred Wilson Road on Sanitary Landfill Road. No MSW shall be disposed of at the Fort Bliss Landfill. By exception, the COR will approve small quantities of waste to the Fort Bliss landfill; the Contractor shall not accept any refuse or Construction and Demolition (C&D) debris unless approved by the COR. Contractor shall deliver MSW off post to City of El Paso landfill unless otherwise approved and/or directed by the COR. Waste in New Mexico areas such as in Oro Grande can be disposed of in approved landfills in New Mexico. Serviced locations include main cantonment, Biggs Army Air-Field (AAF) area (El Paso County), William Beaumont Army Medical Center (WBAMC), Site Monitor, and range locations. Range locations include Dona Ana Base Camp (about 30 miles northeast), Camp Hueco, Oro Grande Camp, Oro Grande Base Camp (about 35 miles northeast), Alvarado Crossing, McGregor Base Camp (Otero County about 25 miles northeast), and Westbrook.

1.10 Type of Contract. The Government will award a firm, fixed-price (FFP) Indefinite Delivery, Indefinite Quantity (IDIQ) for the base and one (1) option year.

1.11 Antiterrorism (AT) and Operations Security (OPSEC).

1.11.1 AT Level I Training. All Contractor employees, including Sub-Contractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete Antiterrorism (AT) Level I awareness training within five (5) working days after contract start date or effective date of incorporation of the requirement into the contract, whichever applies.

The Contractor shall submit Certificates of completion for each affected contract employee and Subcontractor employee to the COR (or to the KO, if a COR is not assigned) within five (5) working days after completion of training by all employees and Sub-Contractor personnel on a recurring annual basis. Antiterrorism (AT) Level I awareness training is available at the following site: https://JKODirect.jten.mil. If access to a computer is not available, the unit’s Level II Antiterrorism Officer (ATO) will conduct AT Level I training for the Contractor and employees within five (5) working days after contract start and maintain a copy of the attendance roster for one year. Any Contractor hired after contract start will be required to receive AT Level I training within five (5) working days by the ATO. It will also be acceptable for the new hire to take the training on line and present the training certificate to the ATO within three (3) calendar days. The AT Level I training is an annual requirement with the 12 month period starting on the date of initial training and re-certification no later than (NLT) the last day of the 12 month period. If the requiring activity does not have an ATO, the first ATO in the chain of command will conduct this training.

1.11.2 Access and General Protection/Security: Policy and Procedures. Contractor and all associated Sub-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by the Department of Defense (DOD), Headquarters Department of the Army (HQDA) and/or local policy. 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.

1.11.2.1 The Contractor shall notify the COR of employees who require access to the installation and have not previously had a background check, within 5 days of award of the contract. The COR will provide a background check form to the Contractor who in turn shall input the appropriate details per employee and submit the form directly to the Point of Contact at the Directorate of Emergency Services (DES). Any negative results (names only) from the background check will be transmitted from DES to the COR and the KO. The KO will enforce the results and the COR will verify compliance. It will be up to the Contractor to take appropriate action and directly coordinate with DES for information and/or appeals as needed. If during the period of the contract new personnel are hired that information shall be submitted to the DES within 5 days of new hire. It is the Contractors responsibility to inform the Government of these changes. See Section 1.15 for installation access. See Section 1.15 for installation access.

1.11.3 iWATCH Training. The Contractor and all associates Sub-Contractors 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 five (5) working days of contract award and within five (5) working days of new employees’ commencing performance with the results reported to the COR no later than five (5) working days from employment start. Documentation to be used by the COR to satisfy this requirement can be found at https://www.bliss.army.mil/iWATCH.

1.11.4 Operations Security (OPSEC) Awareness Training. For OPSEC to be DOD Contractors must be aware of OPSEC and understand how OPSEC complements traditional security programs. Per AR 530-1 all Contractor employees, including subcontractor employees, requiring access to Army Installations, facilities, or controlled access areas shall complete OPSEC Awareness training. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within 15 calendar days of contract award or within 15 calendar days of new employees commencing performance to ensure compliance with the terms and conditions of the contract. Training is available at http://cdsetrain.dtic.mil/opsec or by contacting the Installation OPSEC officer through the COR.

1.12 Security.

1.12.1 Security Requirements. There are no Operational Security Requirement levels for this contract; however, Contractor personnel and/or sub-Contractor personnel must follow specifications located in Paragraph 1.11.2. Access and General Protection/Security: Policy and Procedures and 1.14, Personnel.

1.12.2 Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use IAW AR 190-13, The Army Physical Security Program. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.12.3 Security of Classified Items, Systems and Information. The Contractor, as a general rule, shall not have access to classified information; however, should Contractor personnel find classified documents in a waste basket and or recycle container, the Contractor shall immediately contact the COR for disposition instructions.

1.12.3.1 Local Area File Check. The awarded Contractor shall ensure that a local area file check is completed on all employees and that the results be provided to the COR for review.

Based on the CORs discretionary review, acceptance as a contract employee will be based on the local area file check being favorable and or if the findings of the background check do not appear to be a potential threat to the health, safety, security, general wellbeing, or operational mission of the Army or within the Operational Areas of Fort Bliss.

1.12.4 Force Protection Condition (FPCON) impact on work levels. As determined by the Garrison Commander, the awarded Contractor shall be directed through the COR to be prepared to cease operations due to an increase in FPCON or other heightened security posture in which the safety and wellbeing of the contracted employees is in question and or if the operations of the installation dictates minimum key essential personnel only. The awarded Contractor shall be prepared to resume operations when the heightened security posture returns to normal operations.

1.12.5 Force Protection/Threat Related Advisories. Contractor shall identify to the COR a point of contact to receive force protection/ threat related advisories via email from the installation Antiterrorism and OPSEC officers for the duration of the contract. COR will provide POC email information to the Installation Antiterrorism and OPSEC officers.

1.13 Safety. The Contractor shall establish and maintain a safety plan which a draft plan shall be submitted to the KO at the time of proposal. Contractor’s final safety plan shall be submitted no later than (NLT) 10 calendar days after contract award.

1.13.1 In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with the following Safety Accident Prevention Standards: 29 CFR 1910, Occupational Safety and Health Standards; 29 CFR 1926, Safety and Health regulations for Construction; Army Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual. The Contractor shall comply with the above and all other applicable DOD, Army, Federal, State(s), and Local safety and health requirements.

1.13.2 Reporting of Fire and Safety Hazards. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contractor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.13.3 Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution.

The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.13.4 Reporting Mishaps. The Contractor shall adhere to reporting of mishaps IAW AR 385- 10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors; (2) Damage to Government property, GFM, GFP, or GFE provided to a Contractor;

(3) Contractor accidents involving Army property and personnel.

1.13.5 Emergency Services.

1.13.5.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the KO or COR as soon as possible, but not later than 30 minutes of the incident.

1.13.5.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.13.6 Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, designated representative or COR, and shall notify the KO of the corrective action to be taken.

1.14 Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or Sub-Contractors. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general wellbeing, or operational mission of the Army and within the Operational Areas of Fort Bliss as prescribed per award. All Contractors’ personnel shall comply with installation security and access procedures and the Contractor’s Safety Plan.

1.14.1 Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

1.14.2 Authorization to Work. Contractor’s personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card.

1.14.3 Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.14.4 Identification of Contractor Employees.

1.14.4.1 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 KO prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

1.14.4.2 All Contractor 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.

1.14.4.3 Contractor personnel shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.14.5 National Agency Check & Controlled Access Areas. The Contractor shall confirm and abide with the assigned facility managers where and when escorts are required.

1.14.6 Conflict of Interest.

1.14.6.1 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, Organizational and Consultant Conflicts of Interest. The Contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.14.6.2 Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Service Provider (SP) shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DOD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR.

In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

1.14.7 Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance.

The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no Contractor employees conduct political related activities or events on United States of America (USA) Facilities.

1.14.7.1 Fraud, Waste, and Abuse. IAW AR 11-2, Management Controls, the Contractor shall be responsible for maintaining proper conduct and good discipline within Contractor occupied work areas. Contractor personnel shall be alert for and responsible for reporting suspected situations of fraud, waste, and abuse, or other intentionally dishonest conduct against the Government that is observed during or in the performance of this Contract.

1.14.8 Employee Uniforms. All Contractors’ employees shall wear uniforms or other garment to identify them as employees at all times. For example, a standard, vest-like garment of the same color and design with a company logo at front, and a minimum (12 inches x 6 inches) company logo visible from 15 feet, at the back of the vest-like garment.

1.14.9 Personnel Health and Hygiene. Contractor employees shall be well groomed, neat in appearance.

1.14.10 Contractor Vehicles.

1.14.10.1 All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor’s name in a clear and unobstructed location on the vehicle.

1.14.10.2 Motor vehicles entering Fort Bliss Operational Area shall be properly licensed, insured, and registered with the Installation Access Pass Office.

1.14.11 Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property.

1.14.12 Key Personnel. The Project Manager (PM) and their alternates (APMs) are considered key personnel by the Government. The Contractor shall provide a PM who shall ensure 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 identified in the proposal and officially designated in writing to the COR NLT ten (10) calendar days after contract award, thereafter any changes shall be provided NLT seven (7) calendar days prior to the scheduled change and NLT twenty four (24) hours after unplanned changes to include reachable cellular telephone numbers for each. The name of this person and alternates who shall act for the Contractor when the PM is absent shall be designated in writing to the COR. The PM or APMs shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APMs shall be available between 0700 and 1700 Monday through Friday by cellular phone within two (2) hours of the COR calling except if both COR and Alternate COR (ACOR) are on furlough or leave days, federal holidays or when Government facilities are closed for administrative reasons or the COR is unavailable. The Contractor shall provide after duty hours phone numbers for PM and APMs to be used by the Government for urgent requirements such as damage recovery after a weekend emergency. This will be an infrequent occurrence and the PM or APM shall at least keep abreast of relevant weather disasters and be subsequently available by phone.

1.14.13 Special Employees Qualifications. For each employee, the Contractor shall submit proof of two (2) years minimum of MSW removal services and landfill operations experience for all for MSW collection/disposal and landfill operations for COR approval NLT ten (10) calendar days after contract award. For new employees hired after the contract award, the proof of experience shall be submitted NLT seven (7) calendar days after start date. In accordance with CFR, TCEQ, and the Fort Bliss Department of Public Works (DPW) Environmental Division, Contractor staff responsible for MSW removal services shall receive training with Letters of Competency (LOCs) and certifications demonstrating the following annually.

1.14.14 The Contractor shall require a TCEQ Class “A” certification for all staff and a MSW Class “B” certification for the landfill superintendent.

1.14.15 The Contractor shall require at least twenty four (24) hours of training specific to MSW removal services with HAZMAT identification and handling from an approved source for all staff to include grasping Material Safety Data Sheets (MSDSs), Safety Data Sheets (SDSs), and proper chemical handling such as petroleum, oils, and lubricants (POLs), fat, oil, and grease (FOG) contaminated refuse common to dining facilities (DFACs), and O&M chemicals such as paints.

1.14.16 Supervision of Contractor Employees. The Government will not exercise any supervision or control over Contractor employees while performing work under this contract.

Such employees shall be accountable solely to the Contractor. The Contractor, in turn, shall be accountable to the Government.

1.14.17 Work Environment. The work environment to which the Contractor and Contractor’s employees will be subjected can include, but is not limited to, standing, walking, sitting, and driving for extended periods of time. Duties can include lifting heavy items, operating light to heavy machinery, working in an industrial environment, working in an outdoor environment being exposed to the elements, and working in an office environment. The exposure to the different environments and physical demands are position dependent.

1.14.18 Grinder Liability Insurance. The contractor shall establish liability insurance for the operation of the grinder during the period of performance.

1.15 Installation Access.

1.15.1 Contractor and Vendor Access. Fort Bliss is a guarded secure military Installation. All Contractor and vendor personnel whether operating their privately-owned vehicles or motorcycles or Contractor or vendor-furnished vehicles and equipment must enter the Installation through one of the secure access control points (ACPs) except as described in paragraph 1.15.2 below. Under the present Installation Force Protection Condition (FPCON), vehicle and equipment operators and passengers must possess only a valid photo identification card to access the Installation. Vehicle and equipment operators must also possess and be ready to show a valid state driver's license, current vehicle registration, and proof of state required minimum liability insurance. As determined by the Installation FPCON, an elevated FPCON may require additional security screening and/or limited Installation access.

1.15.2 Commercial Delivery Vehicles and Equipment. All commercial delivery vehicles and equipment must enter the Installation through the Chaffee ACP which is open 24 hours a day, seven days a week, Federal holidays exempted. Gate hours are subject to change. Commercial vehicles are those vehicles over one ton used for a commercial purpose, including: semi-trucks with trailers, UPS trucks, U-Haul trucks operated by Contractors and used for commercial purpose, tow-trucks responding on-post to a request for assistance, and construction vehicles.

Non Commercial vehicles include: half-ton pickups with boat, U-Haul truck operated by soldiers who are moving as part of a permanent change of station, or recreational vehicles operated by soldiers or civilians visiting post. There will be no commercial delivery vehicles allowed on the Installation on Saturdays, Sundays and Federal holidays. All other Contractor, vendor, and commercial delivery vehicles may enter through any of the Installation's ACPs during their regular operating hours. As determined by the Installation FPCON, an elevated FPCON may require all Contractor, vendor, and commercial delivery vehicles to enter through the Chaffee ACP only.

1.16 Conservation of Utilities. The Contractor shall comply with 10 CFR 430 and Installation policy and direction during emergency situations including drought. Also comply with the Installation’s Energy Resource Conservation (ERC) Program and instruct its employees in utilities conservation practices to preclude waste.

1.17 Phase In/Phase Out. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have key personnel on board, during the one (1) month (up to thirty-two (32) calendar days) phase in period. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the KO's approval no later than 17 calendar days after the contract start date. The plan shall include a list of refuse collection container locations in accordance TE 3. The Contractor shall provide sufficient experienced personnel during the phase-in period to ensure that the services called for by this contract are maintained at the required level of proficiency.

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall allow key personnel from the upcoming refuse or waste diversion contract on board, during the thirty (30) calendar day phase out period. During the phase out period, the Contractor shall allow the upcoming contractor to become familiar with performance requirements in order to commence full performance of services on their contract start date. The Contractor shall work with the upcoming contractor to develop a plan to specify a date for transferring responsibilities for each division of work described in the plan. The Contractor shall continue to provide sufficient services per this performance of work statement in addition to facilitating service familiarization for the upcoming contractor personnel during the one (1) month (up to thirty-two (32) calendar days) phase out period.

1.18 Description of MSW. The Contractor shall notify the COR of any serviceable material or items which have obvious value and appear to have been inadvertently placed in any of the refuse collection containers as this is not considered waste.

1.18.1 Residential Sources Minus Housing and Grounds MSW. This is limited to Unaccompanied Personnel Housing (UPH).

1.18.2 Commercial Sources Minus Medical and Grounds MSW. Examples include, but are not limited to DFACS, Shoppettes, fast-food, and other food service, Commissary, Child Development Center (CDC), administrative offices, automotive repair and fueling facilities, warehousing operations, fitness facilities, and education centers.

1.18.3 Industrial Sources. Examples include, but are not limited to military operations with refuse collection container service such as Biggs AAF and vehicle/equipment maintenance facilities. Contractor shall be vigilant regarding fire/mitigating flammability, potential vandalism, and environmental contamination such as POLs seeping into soil surrounding refuse collection containers.

1.18.4 Prohibited Items. The Contractor shall not…