W91247-24-R-0096_DRAFT PWS_Ft Liberty Grease Traps and Septic Tanks_071124.pdf

PERFORMANCE WORK STATEMENT (PWS)

Services for Grease Traps, Septic Tanks, Lift Stations & Field Latrines

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide Services for Grease Traps, Septic Tanks, Lift Stations & Field Latrines at Fort Liberty, Simmons and Pope Army Airfield, Linden Oaks, and Camp Mackall, North Carolina. The Government will not exercise any supervision or control over the contract service providers performing the services herein. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS).

Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Services for Grease Traps, Septic Tanks, Lift Stations & Field Latrine, as defined in this PWS, except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.2. Background: Grease traps are located outside of buildings and are constructed of concrete.

Covers on the grease traps are either hinged or removable steel plates, except for the hospital mess hall which has 2 feet' x 2 feet' x 4 inches" concrete slab cover. The grease traps are located adjacent to the building listed on the Technical Exhibit 1 and are approximately 25 feet from a paved or improved surface.

Septic tanks are located at facilities remote from the cantonment area of Fort Liberty. The Contractor shall have to remove the earth cover to obtain access to septic tanks. The Contractor shall replace the earth cover after cleaning is completed and prior to departing the work area. The earth cover does not have to be compacted or tamped. Septic tank covers are concrete slabs of varying sizes. Field latrines are in the range areas of Fort Liberty and Camp Mackall.

Field latrines are of the pit or vault type. The Contractor shall notify Chief, Range Control, Building A-1308, telephone (910) 432-2900/6772, at least two (2) days prior to scheduled cleaning of field latrines for escort and accessibility to latrines.

The location and pumping frequency of the grease traps, septic tanks, field latrine and lift stations are specified in Technical Exhibit 1, Schedule of Services.

1.3. Objectives: The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications in Section 7, Related Documents.

The grease traps at buildings 8-3684 and F-1243, Child Development Centers are located within the building. The Contractor is responsible for scheduling contract work to cause the least disturbance and maximum safety of building occupants. In addition, the Contractor shall be responsible for any cleanup caused by the pumping and cleaning operation. The contractor shall provide pumping and cleaning of septic tanks, grease traps, field latrines, and lift stations at Fort Liberty, Simmons and Pope Army Airfield, Linden Oaks, and Camp Mackall, North Carolina.

Provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform pumping and cleaning of septic tanks, grease traps, field latrines, and lift stations The basic service objectives include the following:

1.3.1. Traffic Flow. The Contractor shall maintain the free flow of traffic during surfaced area maintenance.

1.3.2. Restoration of Landscape Damage: Reserve trees or other landscape features damaged by the Contractor’s operations shall be restored at no additional cost to the Government. The COR/ACOR will decide the method of restoration for trees or whether damaged trees will be removed.

1.4. Description of Services. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform pumping and cleaning of septic tanks, grease traps, field latrines, and lift stations as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

Fort Liberty, Simmons and Pope Army Airfield, Linden Oaks, and Camp Mackall, North Carolina have a number of septic tanks, grease traps, and field latrines that the contractor shall provide pumping and cleaning for.

1.4.1. Non-Personal Services. The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

1.5. Period of Performance: The Period of Performance (PoP) shall be for a 12-month Phase-In Period, and four (4) 12-month option periods. The PoP consists of 4 years and 6 months. The PoP is as follows:

Base Period 01 January 2025 - 31 December 2025 Option Period 1 01 January 2026 - 31 December 2026

Option Period 2 01 January 2027 - 31 December 2027 Option Period 3 01 January 2028 - 31 December 2028 Option Period 4 01 January 2029 - 31 December 2039 Extension (-8) 01 January 2030 - 30 June 2030

1.6. General Information

1.6.1. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1 Contractor Inspection Requirements).

1.6.2. The Contractor shall develop, implement, and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedures and methodologies for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP shall contain a systematic approach to monitor operations to ensure acceptable services, supplies and products described in the contract are performed at or above the standards defined in the PWS and Performance Requirements Summary (PRS).

1.6.3. The Contractor shall submit their QCP as part of the Contractor’s proposal within 5 days of contract award After acceptance of the QCP, the Contractor shall receive the Contracting Officer’s (KO) acceptance in writing or any proposed changes to the QC procedures. The Contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and acceptance prior to implementation. The QCP shall address as a minimum:

1.6.3.1. Contractor’s organizational and management structure, titles, responsibilities and qualifications, work, and quality control verification. A comprehensive program to plan and deliver quality services and/or supplies described in the contract, prioritize services, and concentrate on the most essential services as identified in the Performance Requirements Summary (PRS).

1.6.3.2. The QCP shall contain methods of communications (direct and indirect) with the Government regarding performance of the contract. Communication shall include regular and formal meetings with the Government for review and analyses of key process indicators, trend analysis of process deficiencies, and problem resolution.

1.6.3.3. Describe a method, acceptable to the Government, of identifying deficiencies in the quality of service performed under the contract before the level of performance becomes unacceptable. Describe a method for preventing and addressing processes for corrective actions without dependence upon Government direction.

1.6.3.4. The QCP shall establish an inspection system covering all services required by the contractor. The plan shall specify areas to be inspected on both a scheduled or unscheduled basis and the title of the individual who will do the inspection. Maintain a system to inspect their subcontractor services and products to ensure compliance with contract requirements, and applicable laws and regulations. Specify tasks or areas to be inspected on a scheduled or unscheduled basis, and how inspections are to be conducted. The contractor shall provide a current list of all titled positions and the names of the incumbents who will perform the inspections and the percentage of the work that will be inspected regularly.

1.6.3.5. Inspection Files. The contractor shall keep records on-site of all inspections conducted by the Contractor and the necessary corrective action taken. Documentation of all contractor quality control inspections and corrective actions shall be maintained by the contractor throughout the term of this contract.

1.6.3.6. The QCP shall have a customer comment processing system for correction of COR validated comments received verbally or through the Interactive Customer Evaluation (ICE) program. The system should be designed to provide feedback to the Government based on customer contact, investigation of derogatory comments, rebuttal to derogatory comments, or corrective action(s). The government collected and graded customer satisfaction comment cards will be part of the Government’s performance evaluation process.

1.6.3.7. The QCP shall include a disaster contingency plan and plan for performing Mission Essential Services, the plan shall establish procedures, identify personnel, document essential PWS disaster services, and identify the means of maintaining essential PWS services during disasters. Disaster means natural disasters (e.g., earthquake, major storm, flash flood, or hurricane), utility outage, terrorist attack, or other extraordinary circumstances identified by the Government.

1.6.3.8. If there is a discrepancy in the service provided, the contractor is required to provide a "get well package" to the COR for approval. This package will contain a Memorandum from the contractor to the COR, which outlines the discrepancy that was noted and what was done to correct/mitigate the situation. Additionally, the memorandum will detail how the contractor plans to prevent a comparable situation from occurring in the future. If the COR approves of the proposed plan of action, they will sign and document the memorandum accordingly. However, if the plan is not accepted, the COR will formally deny the proposal, provide an explanation as to why it was denied, and notify the KO.

1.7. Non-Conformance Report (NCR). When the Contractor's performance is unsatisfactory, an NCR will be issued. The Contractor shall reply in writing within the period specified in NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.8. Quality Assurance: The COR 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 COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.9. Property Management System (PMS): Applicable only if Government provides Equipment/Property/Material to the Contractor if so, The Contractor shall establish a system to manage Government Furnished in its possession to control, use, preserve, protect, repair, and maintain. The PMS must be adequate to satisfy the requirements of the contract.

1.10. Environmental Compliance. The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules, plans, and policies. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance.

1.10.1. Spill Plan. The Contractor shall notify the COR/ACOR within one (1) hour, if the Contractor spills or releases any hazardous substances, i.e., substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification. The Contractor shall submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan.

1.10.2. The Contractor shall establish, maintain, and implement contingency plans for mobilization, disaster, and labor dispute contingencies. The plans shall assume no Government support to the Contractor workforce. The Contractor shall designate in writing a single contact Designated Contingency Coordinator (DCC) within the Contractor’s organization, within thirty

(30) days of contract award, The DCC shall participate and coordinate with the installation contingency and mobilization planning activities. The DCC shall participate in the installation mobilization planning and execution conferences; and shall modify and maintain appropriate Contractor contingency plans to compliment or enhance corresponding installation plans. The Contractor shall submit all plans to the KO for approval within thirty (30) days of contract award.

1.10.3. Plan Updates. The Contractor shall update these plans as changes occur and shall submit a copy of the proposed plan to the KO for approval at least thirty (30) days prior to the proposed effective date of the updated plan.

1.10.4. The Contractor shall ensure all Contractor’s employees and associated subcontractors are certified or licensed in the specific areas required by the State of North Carolina. The Contractor shall ensure employees are certified or licensed in the appropriate Environmental Protection Agency (EPA) areas required. The Contractor shall ensure all required documentation of certification or licensure for Contractor personnel are filed with the COR/ACOR within prior to employees commencing performance.

1.11. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. The recognized federal holidays include:

New Year’s Day Martin Luther King Jr.’s Birthday

Washington’s Birthday Memorial Day

Juneteenth (National Independence Day) Independence Day

Labor Day Columbus Day

Veteran’s Day Thanksgiving Day

Christmas Day

1.11.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The Contractor shall work on the days the Government are scheduled to work.

1.11.2. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor will have the following options:

1.11.2.1. Reschedule the work so it is performed the following day unless the following day falls on a weekend.

1.11.2.2. Reschedule the work on any day that is mutually satisfactory.

1.11.2.3. The Contractor shall provide Pumping and Cleaning service within 2 hours of notification of a priority 1 outside the normal hours of operation as required, including holidays, to support the Directorate of Public Works (DPW) mission. Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO. The Program Manager shall be available after normal hours to serve as the central point of contact for Contractor operations. Contractor personnel shall not be scheduled for overtime work.

1.11.3. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:30 PM 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. The Contractor shall always 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to successful performance under this contract. No overtime (OT) or compensatory time (CT) is authorized.

Contractor personnel shall not exceed a 40-hour work week; flexible work schedule may be considered.

1.11.3.1. Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled government operational activities.

1.11.4. Place of Performance: The work to be performed under this contract will be performed at the locations listed in Technical Exhibit (TE). Contractor shall have routine access to Government-controlled facilities.

1.12. Security Requirements:

1.12.1. This contract is not required to have a clearance.

1.12.1.1. N/A

1.12.1.2. Contractor personnel shall have a favorable National Agency Check (NACI) with inquiry in accordance with Security definition for personnel who occupy “ADP (Automated Data Processing) Sensitive” positions, as per AR 380-67, paragraph 3-601, “The Personnel Security Program.”

1.12.2. Common Access Card Issuance:

1.12.2.1. All Contractor personnel performing work under this contract shall obtain a Department of Defense (DoD) Common Access Card (CAC). The CAC shall be always worn, when performing work under this contract, to include attending government meetings and conferences.

Unless otherwise specified in the contract, Contractor personnel shall wear the in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access. Reference CAC Issuance and Revocations: DoDI 5200.46, September 9, 2014.

1.12.2.2. Contractor personnel shall be required to obtain a CAC at least ten (10) workdays prior to start of base contract period or prior to performance under this contract, whichever comes first.

1.12.2.3. The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel as well as indicating which employees were issued CAC or other forms of government identification cards. The Contractor shall submit their initial roster to the COR within ten (10) calendar days after commencement of base period of performance and within 5 calendar days of any changes.

1.12.2.4. The Contractor shall immediately report any lost or stolen CAC or government issued identification cards to the COR and Military and/or DoD police agencies IAW PARC Policy Alert 14-33 The Contractor shall immediately collect the CAC and other government issued forms of identification upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements.

1.12.3. National Industrial Security Program (NISP).

1.12.3.1. The Contractor shall implement and maintain a security program for control of personnel, property, and information, including, unclassified and classified materials, documents, and records. Contractor shall comply with Federal Acquisition Regulation (FAR) 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with—(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M) and, (2) Any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor. In addition, the Contractor’s security program shall include provisions for, but not limited to:

1.12.3.1.1. Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1.

Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.

1.12.3.1.2. Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.

1.12.3.1.3. In-processing and out-processing Contractor personnel for security matters.

1.12.3.1.4. Obtaining Contractor personnel security clearances.

1.12.3.1.5. Documenting and reporting actual and potential security problems.

1.12.3.1.6. Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.

1.12.3.1.7. Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with AR 25-400-2 or other applicable regulations. Files shall be transferred to the KO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S.

Government. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DoD 5200.1-R, NISP Operating Manual.

1.12.3.2 Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190- 13, and 190-51; DoD 4500.9-R; Department of Defense Instruction (DODI) 5100.76; DODI 5220.22; and applicable Fort Liberty’s regulation and/or applicable installation policies. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13 The Army Physical Security Program.

1.12.3.3. Key Control. The Contractor shall include in the physical security section of the Contractor’s security program a key control plan IAW applicable regulations, policies and directives ensuring keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The key control plan shall include requirements of AR 380-5, The contractor shall develop procedures covering key control that shall be included in the QCP, if classified materials are being stored. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated.

Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.12.3.3.1. In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.12.3.3.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than authorized Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO.

1.12.3.4. Lock Combinations. N/A

1.12.4. Information Security Plan.

1.12.4.1. The Contractor shall develop and implement an Information Security Plan IAW AR 380-5 AR 380-67, for the control of classified information. The Contractor’s information security program shall include applicable provisions of AR 380-series regulations.

1.12.4.2. Information assurance (IA)/information technology (IT) training: The Contractor employees working in IA/IT functions shall comply with DoD and Army training requirements in DoDD 8570.01, DoDD 8570.01-M and AR 25-2 within 180 days of employment.

1.12.5. Access and General Protection/Security Policy and Procedures: All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by DoD, HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring Contractor access by submitting a completed and approved Directorate of Emergency Services (DES) Form 118 to the Installation All American Visitors Control Center (VCC), detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an Army’s Automated Installation Entry (AIE) visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by resubmitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re-processed at the All American VCC.

In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.13. Anti-Terrorism Program

1.13.1. Anti-Terrorism (AT) Level I Am training Contractor personnel performing work under this contract that require access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.13.1.1. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award with the results reported to the COR NLT 45 calendar days after contract award. New employees shall complete the training within 10 calendar days of commencing performance of work under this contract, with the results reported to the COR NLT 15 calendar days of employee commencing performance of work under this contract.

1.13.1.2. iWatch is simply common awareness. Contract employees can be reliable sources of information. iWatch training would include organization instructions on “things to look for” and a phone number to call in case the contract employees have information regarding terrorist or criminal activities. Providing Contractors with awareness materials such as the iWatch brochure or wallet card is a cost-effective alternative to training. The card describes suspicious activity and can be modified to include the COR in reporting procedures. Samples of the iWatch brochure and posters are available on the Antiterrorism Enterprise Portal (ATEP) at https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx and https://www.army.mil/e2/c/downloads/287489.pdf

1.13.2. Contractor Employees Requiring Access to Government Information Systems: Contractor shall have access to Government-controlled information systems during performance of work under this contract. All Contractor employees and associated subcontractors who require access to a government information system shall be registered in the ATCTS (Army Training Certification Tracking System) at commencement of support services and must successfully complete the DoD Information Assurance Awareness prior to access to the information systems.

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf https://army.deps.mil/army/sites/PMG/prog/ATEP/iWATCH%20Army/Forms/AllItems.aspx https://www.army.mil/e2/c/downloads/287489.pdf

Training shall be required annually after the initial training. Completion certificates shall be submitted to the COR within fifteen (15) calendar days from date of commencing performance under this contract.

1.14. Safety: The Contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the KO within five calendar days of each occurrence.

1.14.1. 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 laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO and/or the COR final resolution. The Contractor shall notify the KO and COR in writing in addition to any verbal notification of such conflicts. 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 COR, to halt all Contractor performance with a commensurate deduction of monies due 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 any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the KO or COR.

1.15. Special Qualifications. N/A

1.15.1 Organizational Conflict of Interest: The Contractor and subcontractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the Contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever Contractor 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.

1.15.1.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.15.1.2. Impaired Objectivity. This type of conflict may exist where a contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.15.1.3. Unequal Access to Information. This type of conflict may arise when a contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.15.2. General:

1.15.2.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.15.2.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively conduct all contract requirements.

They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.15.2.3. Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.15.3. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the KO/COR within ten (10) workdays of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays the Contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within ten (10) workdays of the termination.

1.15.3.1. The following are considered key personnel by the Government: The Contractor shall provide a Program Manager (PM), Alternate Program Manager (APM) and a Quality Control Technician, who shall be responsible for the performance of the work under this contract. The name of this person, and an Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or APM shall be available between the hours of 7:30 AM to

4:30 PM, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.15.3.2. Qualifications for all Key Personnel:

1.15.3.2.1. Program Manager (PM): The PM shall meet or exceed the following minimum qualifications: have at least five (5) years’ experience in Cleaning Grease Traps and Septic Tanks services. The Contractor shall provide to the COR a duty telephone number for the project manager and alternate(s) project manager. The APM shall meet or exceed the same qualifications as the PM.

1.15.3.2.2. Quality Control Technician: The Contractor shall provide a Quality Control Technician who shall be responsible for the quality of the work. The Quality Control Technician shall have at least three (3) years of experience in Grease Trap and Septic Tank services.

1.15.4. Other Qualifications: Septic tank drivers and pumping employees shall have at least one

(1) years of experience in the Grease Trap and Septic Tank services.

1.15.5. Identification of Contractor Personnel: 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.

1.15.6. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs, or any other incapacitating agents. Contractor personnel shall be neatly groomed and dressed in business casual attire to always present a professional appearance.

1.15.6.1. At a minimum the contractor shall provide two truck drivers and administrative assistant.

1.15.6.2. Conduct of Personnel: The KO may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government. In accordance with Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S.C. 1382 (1972), The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.16. Contractor Travel: N/A.

1.17. Other Direct Costs (ODC): N/A.

1.18. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the government’s intent. All documents and materials, to include the source codes of any software, produced under this task order shall be government owned and are the property of the government with all rights and privileges of ownership/copyright belonging exclusively to the government. These documents and materials may not be used or sold by the Contractor without written permission from the contracting officer. All materials supplied to the government shall be the sole property of the government and may not be used for any other purpose. This right does not abrogate any other government rights.

1.19. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The post award conference will also be utilized to ensure Contractor understands all HSPD-12 requirements. IAW AR 70-13 para 4-4. b. (1), the contracting office will hold periodic status or progress meetings with the KO, COR, Contractor, and other personnel as necessary (at least quarterly) to discuss problems, progress of the contract, and Contractor performance. This meeting will be held at a mutually agreed location, or telephonically. The CORs must ensure that they receive copies of written minutes and other correspondence related to these meetings, including follow-up actions. These meetings shall be at no additional cost to the Government.

1.20. Contracting Officer Representative (COR): The KO will designate, in writing, a COR. The COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The KO will retain the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR shall be addressed, in writing, to the KO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

1.20.1. The Contracting Officer will designate, in writing, an Alternate Contracting Officer’s Representative. The Alternate COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the Alternate COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The Contracting Officer will retain the ultimate responsibility for the administration of the contract.

The Alternate COR’s authority shall only be in effect during the absence of the COR.

1.21. Phase-In/Phase-Out Periods: (If applicable) (NOTE: Coordinate incumbent and new Contractor’s Phase-In/Phase-Out Plan. The incumbent Contractor is typically required to be performing the full contracted services during Phase-Out. The new contractor typically only has his key personnel perform work during the Phase-In period in preparation of taking over the contract. During the Base Period, the new contractor will have all their employees working on the contract on site. As a result, the Phase-In period is accounted for separately in the IGE whereas the Phase-Out period is not.)

1.21.1. Phase-In: To minimize any decreases in productivity and to prevent possible negative impact on additional services, the Contractor shall have all key personnel on board, during the month [or indicate other period] 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 start of the base period of performance [or state another period]. The Contractor shall [i.e., obtain their CAC or other form of government identifications, any specific government training, conducting inventory and transfer of GFP/GFE/GFM] during the phase-in period.

1.21.2. Phase-Out: Prior to the completion of this contract, an observation period shall occur, at which time team management personnel of the incoming Contractor may observe operations.

This will allow for orderly turnover of facilities, equipment, and records and will help to ensure continuity of services. The outgoing Contractor is responsible for performing full services IAW the contract, during the phase-out period, and shall not defer any requirements for the purpose of avoiding responsibility or of transferring, such responsibility to the succeeding Contractor. The outgoing Contractor shall fully cooperate with the succeeding Contractor and the Government, so as not to interfere with their work or duties.

1.21.2.1. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the outgoing Contractor shall have all personnel on board during the phase-out period. The outgoing Contractor shall be prepared to transition the workload to the newly selected Contractor during the Phase-out/extension period, which will occur at the end of the period of performance of the contractual effort.

1.21.2.2. Phase-Out Plan. The incoming Contractor shall develop a phase-out plan to affect a smooth and orderly transfer of contract responsibility to a successor. The plan shall fully describe the Contractor’s approach to the following issues, at a minimum: Inventories and turn-over of government property; removal of Contractor property; reconciliation of all property accounts; turn-in of excess property; data and information transfer; clean-up of Contractor work areas; and security debriefings in accordance with AR 380-5 for incumbent personnel holding security clearances; and any other actions required to ensure continuity of operations. The Contractor shall provide the plan to the COR phase-out/extension plan before the phase-out period commences.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONFLICTING DIRECTIVES. Any apparent conflict between compliance with the directives, rules, and regulations identified in the contract and the satisfaction of the requirements of the contract shall be immediately brought to the attention of the KO for final resolution prior to performing the work involved. The Contractor shall notify the KO in writing in addition to any verbal notification of such conflict as soon as possible but no later than one (1) workday of the discovery of a conflict.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER (KO). A person with authority to enter, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor, if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. CONTRACTOR PERSONNEL. Includes Contractor and subcontractor employees performing working under this contract.

2.1.6. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.7. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.8. FACILITY CLEARANCE. A facility clearance (FCL) is an administrative determination that, from a national security standpoint, a facility is eligible for access to classified information at the same or lower classification category as the clearance being granted. The FCL may be granted at the Confidential, Secret, or Top-Secret level. The FCL includes the execution of a Department of Defense Security Agreement (DD Form 441). Under the terms of the agreement, the Government agrees to issue the FCL and inform the Contractor as to the security classification of information to which the Contractor will have access. The Contractor, in turn, agrees to abide by the security requirements set forth in the National Industrial Security Program Operating Manual, commonly referred to as the NISPOM.

2.1.9. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP). be provided a government furnished on-site staging area for necessary equipment and materials. The Contractor shall secure the area at the close of each work period. The Contractor shall be solely responsible for any loss or damage of equipment and material. The Contractor shall ensure debris of any type will be disposed of according to local policies and directives.

2.1.10. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives.