Solicitation_W9124M-19-R-0018.pdf

SEE ADDENDUM

(No Collect Calls)

W9124M19R0018 03-Jun-2019

b. TELEPHONE NUMBER

912-767-8444

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Jun 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9124M9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GREGORY HOFFMAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011196400

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FORT STEWART

976 WILLIAM H. WILSON AVE SUITE 100

FORT STEWART GA 31314

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: (912)767-8420 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

X

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9124M19R0018

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Removal of International Waste at Hunter Army Airfield, Georgia

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide storage containers, transport, treat, and dispose of all international waste generated by arriving and departing flights at Hunter Army Airfield.

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 store, transport, treat, and dispose of all international waste generated by arriving and departing flights at Hunter Army Airfield as defined in this Performance Work Statement (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: Hunter AAF is home to the Army's longest runway on the east coast (11,375 feet) and the Truscott Air Deployment Terminal. Together these assets are capable of deploying units such as the heavy, armored forces of the 3rd Infantry Division or the elite light fighters of the 1st Battalion, 75th Ranger Regiment. International waste arriving on means of conveyances from Hunter Army Airfield must be disposed of separately from other waste.

1.3. Objectives: Remove and incinerate international waste from flight operation at Hunter AAF.

Per Title 9, Code of Federal Regulations (CFR) 94.5, International Waste is defined as all waste derived in whole or in part from fruits, vegetable, meats or other plant and animal (including poultry) materials, and other refuse of any character whatsoever that has been associated with any such materials on board any means of conveyance, and including food scraps, table refuse, galley refuse, food wrappers or packaging materials and other waste materials from food preparation areas, passenger or crew quarters, or dining room. Refuse also includes meals and other food that was available for consumption by passengers and crew on an aircraft but was not consumed. The waste identified above is prohibited from being buried in land to prevent foreign spores from contaminating U.S. soil.

1.4. Scope: The contractor shall furnish and deliver containers to Building 7920, the DAACG Facility at Hunter Army Airfield, to be stored permanently on site. The Contactor must remove the international waste container(s) and its contents and deposit an identical empty container in its place. The Contractor shall transport, weigh and dispose of this waste, complying with all federal and state laws, rules and regulations applicable to the handling and disposal of international waste.

1.5. Period of Performance: The period of performance shall be for a one (1) Base Year period of 12 months and four (4) 12-month option periods.

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).

1.6.1.1. Quality Control Program: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide their final written Quality Control Plan (QCP) no later than 10 calendar days after receipt of award and within five (5) days of any proposed change.

1.6.1.1.1. The Contractor’s quality program shall demonstrate its prevention-based outlook by meeting the objectives stated in the PWS throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract. The QCP as a minimum shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection;

discrepancy identification and correction; corrective action 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.

1.6.1.1.2. Upon request from the Contract Officer’s Representative (COR), the Contractor shall provide, all reports generated as a result of the Contractor’s quality control efforts. This shall include any summary information used to track quality control, including any charts/graphs.

1.6.1.1.3. The Contractor’s QCP shall be incorporated into and become part of this contract after the plan has been accepted by the Contracting Officer (KO). Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.1.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within five (5) work days from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.1.3. 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.

1.6.2. 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 Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.2.1. When a holiday occurs on a Saturday, Federal employees are normally granted the prior 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 is scheduled to work.

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

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

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

1.6.3. 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 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. 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.

1.6.4. Place of Performance: Contractor shall have routine access to Government-controlled facilities. The work to be performed under this contract shall be accomplished on Hunter Army Airfield (HAAF), Georgia.

1.6.5. Security Requirements: The Contractor shall be responsible for the security of his supplies, equipment and vehicles while in the performance of required service on this installation. All personnel employed by the contractor in the performance of this contract or any representative of the contractor entering the Government reservation shall conform to all security regulations which may be in effect during the contract period. It is the responsibility of the contractor to become knowledgeable on these regulations. Specific information regarding contractor access, background checks, and contact information can be found at http://www.stewart.army.mil/info/?id=463.

The required IMSH Form 2737-E-R and instructions for submitting the form can be found at the below web address. http://www.stewart.army.mil/info/?id=463&p=4. For further information regarding access to Fort Stewart, call 912-767-9593.

1.6.6. Special Qualifications: The Contractor must possess a compliance agreement issued by U.S. Customs and Border Protection (CBP) or Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ) personnel to remove waste to facilities that have been approved by APHIS to handle regulated garbage. A compliance agreement consists of PPQ Form 519 Compliance Agreement and all of the required addenda, including the company Operating Procedure (OP). Proof of certification shall be made available 14 days after Contract is awarded.

1.6.7. General:

1.6.7.1. The Contractor shall be responsible for ensuring all personnel performing work under this contract meet the requirements and possess and maintain current certifications as indicated below.

1.6.7.2. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out 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.

1.6.7.3. 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.

1.6.7.4. Anti-Terrorism (AT) Level I 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://atlevel1.dtic.mil/at

1.6.7.5. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program [training standards provided by the requiring activity Anti-Terrorism Office (ATO)]. 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. iWatch training is available at the following website:

http://www.dla.mil/HQ/InstallationSupport/DoingBusinesswithInstallationSupport/iWatch.aspx

1.6.7.6. OPSEC Training: Per 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. OPSEC training is available at the following website:

https://www.cdse.edu/catalog/elearning/GS130.html

1.6.7.7. Sustainability Management System (SMS) Training: The contractor shall complete SMS Awareness Training within 30 days of the Notice to Proceed.

(http://www.stewart.army.mil/info.asp?e=DPW/Prevention and Compliance/Sustainability=Training)

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The post award conference will also be utilized to ensure contractor understands all HSPD-12 requirements. The KO, COR (and other government personal) will hold a quarterly progress meet with the Contractor to review the Contractor's performance. At these meetings the KO and COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter of appointment. 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.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.10. 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) work days 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 work days 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) work days of the termination. Key Personnel for the purposes of this Contract is the Program Manager.

1.6.10.1. Qualifications for all Key Personnel: All personnel must have a thorough understanding of The Resource Conservation and Recovery Act (RCRA); Title 40 of the Code of Federal Regulations (CFR) Parts 239 through 299; and all pertinent State and Local requirements.

1.6.10.2. Program Manager: The Contractor shall provide a Program Manager (PM) 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.

1.6.11. 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.

1.6.11.1. 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 Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, 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. Unless otherwise specified in the contract, Contractor personnel shall wear the identification badge 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.

1.6.11.2. 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 present a professional appearance at all times.

1.6.12. 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.

1.6.13. Organizational Conflict of Interest:

1.6.13.1. Purpose. To aid in ensuring that:

1.6.13.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.6.13.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.6.13.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.6.13.2. Definitions:

1.6.13.2.1. The term “Contractor” herein used in section 1.6.16., Organizational Conflict of Interest, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.6.13.2.2. The term "proprietary information" for purposes of section 1.6.16., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.6.13.3. Organizational Conflicts of Interest Examples: The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.6.13.3.1. 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.

1.6.13.3.2. 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.

1.6.13.3.3. 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.

1.6.13.4. General Constraints: The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.6.13.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.6.13.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.6.13.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.6.13.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.6.13.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.6.13.5. Non-Disclosure Agreements: The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

1.6.13.6. Training: The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.13.7. Subcontracts: The Contractor agrees that it will include the provisions in paragraphs 1.6.13.4., 1.6.13.5., and 1.6.13.6., above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.6.13.4., above. The use of section 1.6.13., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.6.13.8. Additional Constraints: If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.6.15., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest.

With regard to any proposal submitted by the Contractor, in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.13.9. Conflicts Involving Future Procurements: The award of this contract, government tasking or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.6.13.10. Representations and Disclosures:

1.6.13.10.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.6.13.10.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.6.13.11. Remedies and Waiver:

1.6.13.11.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.6.13., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.6.13.11.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.6.14. Regulatory Interface: The Federal Facilities Section of the Land Protection Branch of the Georgia Environmental Protection Division is the governing regulatory agency. All regulatory coordination shall be approved by the Army through the COR and Ft Stewart Environmental.

The Contractor shall provide the necessary support to the installation POC to address all regulatory aspects of the project (e.g., discussions with regulators concerning site response objectives and completion requirements, obtaining regulator comments on site documents and appropriately addressing them, and obtaining written documentation of approval from the regulators for all of the sites identified in this PWS). The COR, or Environmental designee, will attend and represent the Army at all meetings with the regulators. The Army will be the signature authority for all regulatory agreements and remediation documentation.

1.6.15. Regulatory Requirements: Contractor is responsible to identify and comply with the latest published edition of all applicable (1) Federal, state, and local environmental statues, regulations and rules (including all changes and amendments), and (2) Presidential Executive Orders in effect on the date of issuance of the individual task order(s). All work performed under this TO shall comply with the most current issue or version of criteria in effect. The contractor is responsible for identifying applicable requirements and hold required certifications.

1.6.16. Release of Information: The Contractor shall neither publicize nor release in any manner information or data regarding projects on which they may be working or negotiating with this office, nor discuss prior to public release by this office, a project, any future design of the project, or any planning with anyone not directly concerned with the execution of the project.

Any inquiries about the project shall be referred to the KO. The above restrictions are not intended to interfere with notification of Federal, State, and local agencies as may be required by applicable laws and regulations regarding releases of hazardous materials and substances and other such materials covered therein. To this end, it is the Contractor's obligation to be familiar with applicable Federal, State, and local laws, regulations, and procedures regarding such reporting. Such notifications should also be made when there is a reasonable likelihood of harm to persons on or around the project area resulting from a release of potentially dangerous material. Where time permits, the Contractor will coordinate such notifications with the KO.

1.6.17. Public Affairs: The Contractor shall not make available to the news media or publicly disclose any data generated or reviewed under this contract without authorization by the COR or the DPW Environmental Storage Tank Program Manager. When approached by the news media the contractor shall refer them to the DPW Environmental Storage Tank Program Manager. The contractor and its personnel understand that all reports and data generated under this contract are the property of the Government and distribution to any other source unless authorized by the DPW Environmental Storage Tank Program Manager is prohibited.

1.6.18. Conservation of Utilities: The Contractor shall instruct employees in utilities conservation practices.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

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

2.1.3. 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 as long as 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.

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

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

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. INTERNATIONAL WASTE. International waste is defined as all waste derived in whole or in part from fruits, vegetable, meats or other plant and animal (including poultry) materials, and other refuse of any character whatsoever that has been associated with any such materials on board any means of conveyance, and including food scraps, table refuse, galley refuse, food wrappers or packaging materials and other waste materials from food preparation areas, passenger or crew quarters, or dining room. Refuse also includes meals and other food that was available for consumption by passengers and crew on an aircraft but was not consumed.

International waste does not include any other waste or material not falling within the international waste definition.

2.1.8. STORAGE CONTAINERS. The Contractor shall furnish and deliver ten 96 gallon waterproof and wheeled containers (or suitable equivalent) and one 38 cubic yard stationary, waterproof roll-off container to Building 7920, the DAACG Facility at Hunter Army Airfield, to be stored permanently on site.

2.1.9. WASTE TONNAGE. Tonnage of waste removed and transported to the disposal site.

2.1.10. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.11. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized, written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privities of contract with the subcontractor.

2.1.15. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DA Department of the Army DAACG Departure Arrival Airfield Control Group DOD Department of Defense KO Contracting Officer OCONUS Outside Continental United States (includes Alaska and Hawaii) POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. NONE. The Government will for the placement of storage containers at Building 7920, the DAACG Facility at Hunter Army Airfield.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. GENERAL: The Contractor shall provide all labor, materials, tools, technical manuals, equipment, transportation, and any miscellaneous items necessary for the performance and completion of this contract.

4.2. The Contractor shall furnish ten 96 gallon waterproof and wheeled containers and one 38 cubic yard stationary, waterproof roll off container to Building 7920, the DAACG Facility at Hunter Army Airfield, to be stored permanently on site.

5. SPECIFIC TASKS:

5.1. BASIC SERVICES. The Contractor shall provide storage containers, transport, treat, and dispose of all international waste generated by arriving and departing flights at Hunter Army Airfield.

5.2. WASTE STORAGE: The Contractor shall furnish and deliver ten 96 gallon waterproof and wheeled containers and one 38 cubic yard stationary, waterproof roll off container to Building 7920, the DAACG Facility at Hunter Army Airfield, to be stored permanently on site.

5.3. WASTE REMOVAL: The Contractor will be required to respond in person within 48 hours of receiving notification of an international waste pick up. Once on site, the Contactor must remove the international waste container(s) and its contents and deposit an identical empty container in its place. The Contractor shall transport, weigh and dispose of this waste, complying with all federal and state laws, rules and regulations applicable to the handling and disposal of international waste. Within 3 days of pick up, the Contractor shall provide the Contracting Officer’s Representative a report indicating the tonnage of waste removed and transported to the disposal site.

5.4. COORDINATION WITH FACILITY PERSONNEL: The Contractor shall notify the facility Point of Contact (POC)/Representative upon arrival and departure of the facility.

5.5. COORDINATION WITH CONTRACTING OFFICER or DESIGNATED

REPRESENTATIVE: The Contractor shall notify the COR upon arrival and departure of the facility when performing waste removal. The Contractor shall attempt to notify COR within 30 minutes of job’s completion to allow COR an opportunity to inspect the Contractor’s finished product.

5.6. CONTRACTOR MANPOWER REPORT: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this Contract. The Contractor is required to completely fill in all the information in the format using the following web address:

https://contractormanpower.army.pentagon.mil

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

NUMBER DATED DESCRIPTION MANDATORY ADVISORY

AR 200-1 Latest Edition Environmental Protection X And Enhancement

AR 385-10 Latest Edition Army Safety Program X

AR 190-5 Latest Edition Motor Vehicles Traffic X Supervision

EM-385-1-1 Latest Edition Safety and Health X Requirements Manual

29 CFR 1910 Latest Edition General Industry's OSHA X

40 CFR Parts 239 through 299 Latest Ed EPA Regulations X

42 U.S.C. 6901 Resource Conservation and Recovery Act X

OSHA 2206 Latest Edition OSHA Requirements X

AR 420-1 Latest Edition Army Facilities Management X

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

Attachment/Technical Exhibit List:

Technical Exhibit 1 – Performance Requirements Summary

Performance Objective

Standards Performance Threshold

Method of Surveillance

PRS # 1. PWS 5.2, 5.3

The Contractor shall furnish and deliver ten 96 gallon waterproof and wheeled containers and one 38 cubic yard stationary, waterproof roll off container to building 7920, the DAACG Facility at Hunter Army Airfield, to be stored permanently on site. When containers are removed to be emptied, he shall deposit an identical empty container in its place.

The Contractor maintained enough containers at building to continue operations, and replaced them with empty containers when they were removed to be emptied.

No more than one customer complaint per report.

No more than 7% defect rate per quarter.

Validated Customer Complaints received by COR.

Random Sampling of 96gal container pick-up

100% Roll off container pick-up

PRS # 2. PWS 5.3

The Contractor will be required to respond in person within 48 hours of receiving notification of an international waste pick up.

The Contractor responded within 48 hours upon receiving notification of an international waste pick up.

No more than one customer complaint per quarter.

Validated Customer Complaints received by COR.

PRS # 3. PWS 5.3

The Contractor shall transport, weigh and dispose of this waste, complying with all federal and state laws, rules and regulations applicable to the handling and disposal of international waste.

The Contractor removed all international waste and disposed of it in compliance with all federal and state laws, rules and regulations.

No inspection failures from DOT or USDA during transport and disposal of international waste.

Validated Complaints received by

COR.

PRS # 4. PWS 5.3

The Contractor shall provide the Contracting Officer’s Representative a report indicating the tonnage of waste removed and transported to the disposal site within 3 days of pick-up

The Contractor submitted tonnage reports within 3 days of disposal

No more than 7% defect rate per quarter.

Random Sampling

PRS # 5. PWS 1.6.7.1

The Contractor shall provide the Contracting Officer’s Representative a copy of employees’ training certificates

The Contractor’s employees are properly trained and certified for the work

100% Compliance

Validated by COR

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Compliance Agreement

14 Days After Award of Contract

Two Hard Copy Contracting Officer, COR

SMS Awareness Training

30 Days After Award of Contract

Two Hard Copy Contracting Officer, COR

Anti-Terrorism Level 1 Training Certifications

30 Days After Award of Contract

Two Hard Copy Contracting Officer, COR

OPSEC Training 30 Days After Award of Contract

Two Hard Copy Contracting Officer, COR iWATCH Training Certification

30 Days After Award of Contract

Two Hard Copy Contracting Officer, COR

CMRA Data Period of performance not to exceed 12 months ending September 30 each Government fiscal year and must be reported by 31 October of each calendar year.

One

Online

HTTPS://CONTRACTORM

ANPOWER.ARMY.PENTA

GON.MIL

Quality Control Plan

To be provided to the Contracting Officer with original quote;

final copy provided not later than 10 calendar days after receipt of award. An updated copy shall be provided to the Contracting Officer and COR as changes occur.

Two Online Contracting Officer, COR

Monthly Invoices Monthly, NLT 5 days into month

One Online HTTPS://WAWF.EB.MIL/

ADDENDUM TO 52.212-4

Contract Clause 52.212-4, Contract Terms and Conditions – Commercial Items, is tailored as follows:

The following paragraphs have been added:

(w) Required Insurance

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required:

Workmen’s Compensation As required by Federal and State laws Employer’s Liability Insurance $100,000

General Liability Insurance Bodily Injury Liability $500,000 per occurrence Auto Liability Insurance…