FT_Bliss_DRAFT__MSW_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

for

MUNICIPAL SOLID WASTE MANAGEMENT

SERVICES AT FORT BLISS, TX

Part 1

General Information

1 General. This is a non-personal services contract for Municipal Solid Waste (MSW) management t o i nc lude collection and disposal. 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, Contracting Officer’s representative (COR), and existing Recycling Program Manager 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 and recording of all refuse collected and disposed.

Fort Bliss is designated as a net Zero Waste Installation that requires working progressively towards zero landfill waste disposals by the year 2020. During the period of performance of this contract, the contractor shall reduce quantities of material disposed of in any landfill by any legal process that avoids landfill disposal. During performance of this contract the Contractor shall establish and maintain pickup of dumpsters not less than 80 % fill capacity. The pickup schedule and routes shall be optimized to assure pickup of full (80-95% fill level) dumpsters and to prevent overfill and spillage. Pickup of spillage (caused by either contractor at time of pickup or customer overfill) and bulk items within 25 feet (ft) of the perimeter of dumpsters shall be picked up by the

Contractor. Contractor shall contact the Fort Bliss Quality Recycling Program (QRP) point of contact when refuse containers are full with or include recyclable materials. Contractor shall submit route and other optimization proposals/plans/studies to the Contracting Officer Representative

(COR) for consideration and approval. Government will work with the Contractor to promote and implement Government practices and procedures that reduce landfill waste disposal.

1.1 Description of Services. The Contractor shall provide all personnel, equipment, supplies, facilities, vehicles, transportation, tools, materials, supervision, and other non-personal services necessary to perform services and manage all MSW including Municipal Waste Collection Stations

(MWCS). These operations include the collection, transportation, and disposal of all refuse generated at Fort Bliss. This contract does not include the Fort Bliss Housing Areas. The

Contractor responsibilities shall include, but not be limited to dumpster labeling: labels to include information of what not to place inside and a customer service phone number (64BLISS [642-

5477]) front and back face of dumpsters (TE7), providing repairs, repair parts, tools, shelter, and maintenance personnel to perform repairs on Contractor Furnished Equipment (CFE) and

Government property under this contract, IAW Section 3.2. The Government will provide all refuse collection containers for use in this contract (dumpsters, roll-offs, and compactors) as

Government Furnished Equipment (GFE). All other related equipment and property will be the

DRAFT

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. The Contractors shall need to submit a Texas Commission on Environmental Quality (TCEQ) Notice of Intent to Operate a

Citizens' Collection Station (TCEQ-20429). Rules are in 30 TAC (Texas administrative code)

330.11(e) Notification required and 30 TAC 330.213 Citizen's Collection Stations.

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 IAW paragraph 1.18 (Phase In/Phase Out). The Contractor shall commence operations in accordance with (IAW) this PWS and the approved collection plan.

Contractor shall coordinate service collection plans during Phase In/Phase out stage IAW paragraph

1.18 and other operations such that there is no break in MSW services to the customers and

MWCS’s 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 30 TAC 330.211Texas Commission on Environmental Quality (TCEQ).

1.1.3.1 Environmental Performance Assessment System (EPAS) audits. Contractor shall actively participate in internal and external environmental performance assessments, audits and inspections.

Contractor shall report to COR all external environmental regulatory inspections, violations and/or regulatory intervention as soon as Contractor is notified or knows. Immediately report to the COR all known regulatory deficiencies identified through self-audits (Contractor performed) or out sourced audits (e.g. TCEQ, Internal EPAS (Ft Bliss DPW) Environmental Audits, Army

Environmental Command, City of El Paso). For all Class I findings from audits, Contractor must correct and close within 24 hrs. If finding cannot be closed within 24 hrs, Contractor shall provide

COR a corrective plan of action within the same day. Failure to comply with corrective action plan, shall lead to 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 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.

1.1.3.2 Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable federal, state, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and Fort Bliss regulations. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, Executive Orders, Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR) and the Directorate of Public Works, Environmental

Division (DPW-ED).

1.1.4 Fraud, Waste, and Abuse. In accordance with (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 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 on Fort Bliss and outside

Fort Bliss property to the Contracting Officer (KO) and Contracting Officer Representative (COR).

1.2 Background. This PWS outlines the current MSW management services requirements at Fort

Bliss. The Contractor shall perform MSW 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. In accordance with 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.

1.3 Objectives. The Contractor shall provide MSW services to include proper MSW collection, disposal, and management IAW the requirements of this performance work statement. The TE 12 identifies locations and pickup frequencies of all active refuse collection containers. However, the locations and frequencies may be changed as required from the Contractor and COR working together. Contractor Quality Control personnel can provide input from inspections of routes and if containers have no refuse, container does not get picked up. The objective of this contract is to consistently sustain prudent Fort Bliss MSW management 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 service providers to include proper MSW screening, collection, disposal, and management 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. In accordance with (IAW) Section 6.2 of the PWS, during period of performance of the contract the Contractor shall submit a weekly (listing can change to monthly, based on Contractor’s established efficiency methods, but only upon COR’s approval) listing of all active (containers with refuse) and inactive (containers sitting empty for periods of time) refuse collection containers noting and modifying location, frequency and collection plans.

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 two

(2) 12 month option years as follows:

Phase-In Period 17 October 2016 through 31 October 2017

Base Year 3 November 2016 through 2 November 2017

Option Year I 3 November 2017 through 2 November 2018

Option year II 3 November 2018 through 2 November 2019

Options IAW FAR 52.217-8 1 November 2017 through 30 April 2019

1.6 Quality Control (QC). QC is the responsibility of the Contractor. Contractor shall provide a

Quality Control Manager and QC personnel to police refuse collection routes assuring the sensors are operational, making route and pickup adjustments as necessary, ensuring lids are closed and containers are in their designated locations. QC personnel shall ensure that number of missed pickups shall stay below 0.5% of total containers and no empty or partially empty containers are picked up. In the event that sensors are not operational, QC personnel shall drive ahead of collection trucks to screen, police, ensure, and document collection containers that are ready for pickup. QC Personnel shall inspect containers for cleanliness, repairs needed and proper placement as specified in Section 5.3 of this PWS. Contractor shall notify COR with number of containers needing repairs and what repairs are needed. The QC personnel shall also close all open lids and pick up all trash and debris within general vicinity of the containers. When spillage occurs or when bulk items are left near or within a 25ft perimeter of the dumpster the QC personnel shall make arrangements for pickup, removal and disposal within the same day. When Radio Frequency

Identification (RFID) sensor malfunctions, the Contractor shall notify the COR of the malfunction and Contractor QC personnel shall drive the collection routes to document and report electronically each collection container’s (location/content/fill capacity). If a container is full with recyclable materials, the Contractor shall contact the COR /Environmental Division to report it to the QRP representative who will make arrangement for pick up. In the event that the QRP contractor did not pick up by the following day, the Contractor shall pick it up as solid waste (SW). 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 Plan (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 managing, 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; screening methods; procedures for scheduling, conducting and documentation of inspection; procedures for top level (recycle) sorting; 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 by electronic format such as email is acceptable NLT ten (10) calendar days after contract award; changes to the QCP after award shall be submitted to the KO and COR ten (10) calendar days prior to the proposed changes thereafter. After COR has reviewed and provided acceptable status of the QCP to the KO, the Contractor shall receive the KO’s written acceptance of any proposed change to their QCP. The QCP must be forwarded to both the KO and

COR and accepted by the KO. The QCP shall, at a minimum, include: information on setting up collection and frequency 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 maintaining a complete container inventory; inventory shall include continuous update of container location, noting the number and container size.

The updated inventory shall be provided on a monthly basis as part of the invoice. If a full (80%+) refuse collection container is discovered to be a missed pick up by the Government after the daily collection, the COR will make a determination if the container can remain full until the next day. If the container cannot remain full until the next day then the Contractor shall respond

(empty it) within two (2) hours on the same day of notification by the COR at no cost to the

Government. Full containers (80%+), and or containers not picked up from food generating facilities and discovered by the Government shall be counted as a missed pickup.

1.7 Quality Assurance (QA). The Government will evaluate the Contractor's performance under this contract in accordance with the Quality Assurance 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 on the same day as being notified to remedy the corrective actions (CAs) to the substandard service, special, or priority cleaning services. The COR will file complaints and discrepancies in a CDR to the KO and in monthly reports. Customer complaints indicating the deficiency during the monthly service period will be acted on by the COR.

1.7.1 Contracting Officer’s Representative (COR). The COR Management System Tool called the

Contracting Officer’s Representative Tool (CORT) in the Wide Area Work Flow (WAWF) website at Acquisition Resource Center (ARC) at https://wawf.eb.mil 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 or authorized representative 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 will be issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and conditions under this contract.

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 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.

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

Government and may not be used for any other purpose. This right does not abrogate any other

Government rights.

1.8 Hours of Operation.

1.8.1 Normal Duty Hours. The Contractor shall provide collection services between the hours of

0700 through 1630 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. Contractor’s Program Manager/Alternate Program Manager and Municipal Waste Collection Stations (MWCS) shall provide services between normal hours of operation for the installation of 0700 through 1630. Some of the Installation’s roads will be closed

(for short times for PT, an Installation exercise, Unit training, etc.) that may limit access to some of the Installations facilities. 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 MWCS outside the normal schedule shall be coordinated and approved by the COR.

1.8.2 Outside Normal Duty Hours. Any work outside of the above (section 1.8.1) 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. 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 collection services and MWCS operation(s). 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.

1.8.3 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 in a MS Office format by electronic format such as email 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 weekly collection plan throughout Fort Bliss installation and associated sites. However, the locations may be changed as required by the COR. The Fort Bliss

MWCS currently being planned for West Bliss (near Building 1250) and East Bliss location A0900

Area. The Contractor shall not accept any refuse outside of contract 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, Army and Marine Reserve locations (COR to provide locations) 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 two (2) option years.

1.11 Security and Force Protection. 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 ten (10) 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 ten (10) 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 ten (10) 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 ten (10) 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 ten (10) 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 ten (10) 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 Contractor who will take action accordingly. The COR will get a copy of the DES report and follow up with the Contractor to assure 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 10 days of new hire. It is the Contractors responsibility to inform the Government of these changes. In accordance with 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 ten (10) working days of contract award and within ten (10) working days of new employees’ commencing performance with the results reported to the COR no later than ten (10) 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 10 calendar days f r o m start of Base Year and Option years of contract award or within 10 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.

1.11.5 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.

1.11.6 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 dumpster/collection container and or recycle container, the Contractor shall immediately contact the COR for disposition instructions.

1.11.7 Contractor Employees Background Check. The contractor shall fill out the Fort Bliss

TCIC/NCIC Request Form (TE 9) for all Non-CAC employees and follow instruction in paragraph

1.11.2 above.

1.11.8 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

DRAFT

http://www.bliss.army.mil/iWATCH http://www.bliss.army.mil/iWATCH http://cdsetrain.dtic.mil/opsec 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.

1.11.9 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.

1.12 Safety.

1.12.1 Safety Plan. 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.

1.12.2 Safety Prevention. 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.

1.12.3 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.

1.12.4 Environmental 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.

1.12.5 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 Emergency Services.

1.13.1 Personnel Accident Response. 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.

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

1.13.3 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 Contractor’s Personnel

1.14.1 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. Proof and/or copies of all licenses, certifications and training taken shall be submitted to the COR NLT ten (10) days after award of the contract unless stated otherwise in the following paragraphs.

1.14.1.1 Key Personnel. The Project Manager (PM), their alternates (APMs), and Quality Control

PM who shall ensure performance of the work as well as a QCM to monitor and align the quality of the work performance. The name of the PM and an alternate PM who shall act for the

Contractor when the manager is absent, along with the QCM 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 ten (10) 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 PM or APMs shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The QCM shall have the responsibility of overall quality control of repairs, maintenance, lid closure, container conditions, labeling, daily collections ensuring no missed pickups and no pick up of empty containers. The PM or APMs and

QCM shall be available between 0700 and 1630 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.

1.14.2 Special Employees Qualifications. For each employee, the Contractor shall submit proof of two (2) years minimum of MSW collection/disposal services 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 ten (10) 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.

1.14.2. Special Employee Training. 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.

1.14.3 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 (e.g. Commercial Driver’s License (CDL)).

1.14.4 Authorization to Work. Contractor’s personnel shall 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.

1.14.5 Communication. 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.

1.14.6 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 Personnel shall also indicate their job title. ID Badges shall be worn and visible 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 and KO prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

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. 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.

1.14.6.1 Employee Uniforms. All Contractors’ employees shall wear uniforms or other garments with company logos to readily 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.

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

1.14.8 Organizational Conflict of Interest (OCI). 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.

1.14.9 Conflict of Interest with Employment of Current and Previous 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. Contractor shall notify the KO and the

COR immediately of any potential OCI. 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.

1.14.10 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 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.

1.14.11 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.

1.15 Work Environment

1.15.1 Work Conditions. The work environment to which the Contractor and Contractor’s employees will be subjected can include, but is not limited to, standing, walking, sitting, screening, sorting, and driving for extended periods of time. Duties can include lifting heavy items, opening containers and top level arm/device reaching and sorting for recyclables, 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.

1.15.2 National Agency Check & Controlled Access Areas. The Contractor shall confirm and abide with the assigned facility managers where and when escorts are required. This includes training staff to facilitate such actions as time delays from van searches by security personnel during FPCON exercises.

1.15.3 Inclement Weather. If the Contractor determines weather conditions to be unsafe for continued operations, then he shall contact the COR. The COR will confirm this condition and relay this information to the KO. Only upon KO approval shall the Contractor suspend collection and disposal operations because of inclement weather. Upon the weather improving sufficiently for safe operations, the Contractor may resume operations with COR approval. When collection and disposal services have been interrupted because of inclement weather, the Contractor shall make up delayed collections NLT twenty-four (24) working hours after resuming operations.

1.16 Installation Access.

1.16.1 Contractor and Vendor Access. Fort Bliss is a guarded secure military Installation. All

Contr…