A.01.30_PWS.pdf

PERFORMANCE WORK STATEMENT

SOLID WASTE DISPOSAL CONTRACT FOR TABLE ROCK LAKE

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide refuse removal. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform refuse removal as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Table Rock Lake is a multi-purpose power generation and flood control project. Table Rock Dam is located at river mile 528.8 on the White River in Stone and Taney Counties, Missouri, about 6 miles southwest of Branson, Missouri. The lake extends westerly along the White River to Beaver Dam at river mile 609.0 and comprises lands in Taney, Stone, and Barry Counties, Missouri, and in Boone and Carroll Counties, Arkansas. The Table Rock Project Office is responsible for operation and maintenance duties at the Project Office, Dewey Short Visitor Center, Table Rock Powerhouse, Table Rock Compound, and 12 recreation areas.

1.3 Objectives:

Complete removal of trash and debris from dumpster on each scheduled service as specified in this performance work statement.

Police a 25’ radius around each dumpster as specified in this performance work statement.

Disinfect dumpsters at the completion of each solid wasted removal specified in this performance work statement.

Wash-Down each dumpster specified in this performance work statement.

Meet the timelines as specified in this performance work statement.

1.4 Scope: Work shall consist of furnishing all labor, equipment, vehicles and materials necessary to remove and properly dispose of solid waste from public use areas, Table Rock Compound and the Project Office at Table Rock, in accordance with the specifications contained herein. The services under this contract shall be performed during the period of 1 April 2018 (or date of award, whichever is later) through 31 March 2019. If the Government exercises the option to renew, the contract/work performance period for the renewal years will begin 1 April 2019 and end 31 March 2021. This contract, at the option of the Government, may be renewed for two years.

1.4.1 Work Clothes: All contractor personnel shall be fully clothed at all times while performing these services. "Fully clothed" shall be deemed to mean that a shirt, trousers, and shoes shall be worn at all times. Clothing shall be clean and neat in appearance. Clothing shall comply with all requirements of Corps of Engineer’s manual EM 385-1-1, and the Occupational Safety and Health Act of 1970 (OSHA) Standards. Safety equipment such as safety vests, steel toe boots, gloves, hard hats, eye protection etc.

shall be available to drivers at all times due to the possibility of dumpster locations being in work areas with special clothing and protection requirements.

1.4.2 Contract Employees Conduct and Competency: All contract employees and subcontractors shall conduct themselves in a courteous and friendly manner at all times. Since the majority of work will be performed in the presence of the general public and at times will require direct communications with park users when performing certain operations, the conduct of all employees and/or subcontractors shall be above reproach and will be closely monitored. Employees shall not be under the influence of alcoholic or intoxicating beverages, illegal drugs, or controlled substances while performing the requirements of this contract. Employees shall not be under the influence of drugs prescribed by a physician that recommend restricting activities required by this contract such as operation of a vehicle or machinery etc.

1.4.3 The Contractor shall remove from the site any individual whose continued employment is deemed by the COR to be contrary to the public interest, safety, health, or inconsistent with the best interests of the U.S. Army Corps of Engineers. An employee, who was requested to be removed from performance of services under this contract, shall not be allowed back on any job site under this or any other contract managed by the Table Rock Project Office.

1.4.4 Performance Evaluation Meetings. The Contractor may be required to attend formal meetings to clarify contract specifications, workmanship, invoices, response and completion times, employee qualifications, etc., as often as necessary as determined by the COR. A meeting will be held with the contractor whenever a Contract Deficiency Report is issued.

1.4.5 Environmental Requirements. Contractor shall comply with all local, State, and Federal environmental laws, rules and regulations in the performance of this contract.

1.4.6 Evaluation Rating. Upon completion of this contract, the Contractor will be rated either outstanding, satisfactory, marginal, or unsatisfactory in the following areas: (1) quality control, (2) timely performance,

(3) effectiveness of management, (4) compliance with labor standards and (5) compliance with safety standards. The Contractor will be advised of any marginal or unsatisfactory rating, either in an individual element or in the overall rating prior to completion of the contract.

1.4.7 Safety Requirements. Contractor will be required to comply with all pertinent provisions of Corps of Engineer’s manual EM 385-1-1, dated November 2014, entitled "Safety and Health Requirements Manual" or the latest edition as revisions become available. The contractor will also be expected to comply with the Occupational Safety and Health Act of 1970 (OSHA) Standards. MSDS sheets are required on all chemical products used in the performance of this contract. Contractor shall provide a written Safety Plan specifying actions taken or to be taken to ensure compliance with the above stated requirements as well as an accident prevention plan. The plan should also state actions to be taken by employees should an accident of any type occur.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year April 1 through

March 31 and two (2) option years from April 1 through March 31 each year.

1.6 General Information

1.6.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor shall provide to the Contracting Officers Representative within 7 days after the award of the contract a copy of their quality control program. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. As part of the quality control program, the contractor shall provide to the contracting officer a written report for each day that services are performed under the contract. Quality Control Program (inspection) report forms shall be submitted by the contractor as a package, along with the record of monthly safety meetings, Monthly Exposure Report of Operations and Activities, and an invoice. Payment of the invoice may not be authorized until all completed Quality Control Program reports, safety meeting reports, and Monthly Exposure Hour Report of Operations and Activities are received by the Table Rock Project Office.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government 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).

1.6.3 Recognized Holidays: The contractor is not required to perform services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 a.m. and 6:00 p.m. for all sites with the exception of Moonshine Beach with the business hours for this location conducted between 9:00 a.m. and 6:00 p.m. Monday thru 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. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must 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.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Table Rock Project Office, Table Rock Compound, and in the following recreation areas around Table Rock Lake: Aunts Creek, Baxter, Big M, Campbell Point, Cape Fair, Cricket Creek, Eagle Rock, Indian Point, Mill Creek, Moonshine Beach and Ramp, old Hwy 86, and Viola. See attachment 6 for a mileage chart.

1.6.6 Type of Contract: Type of contract to be determined by CCE and the customer.

1.6.6.1 Estimated Quantities: All quantities in the bid schedule are estimated. The government reserves the right to change the pick-up schedule at any time. This will be done in writing by e-mail. Any leftover quantities will be de-obligated at the end of each contract period.

1.6.7 This is a Security Level One, Table B Contract.

1. General Overview

a. The security provisions of this contract and/or applicable task order apply to all Contractor and Subcontractor Employees (CSEs) physically working on federally controlled property or requiring access to a Department of Defense (DoD) network.

b. Prime Contractors (PCs) are responsible for subcontractor compliance with the security provisions of this contract and shall coordinate all security requirements on the behalf of the subcontractors and their employees.

c. PCs will notify the Southwestern Little Rock District Security Office (SWL-DSO) within 5 business days of the contract award of the primary and alternate security Points of Contacts (POC) for this contract.

This notification will be in the form of an email sent to m4xslceswlcontracts@usace.army.mil with the following information for each individual:

Full Name:

Email Address:

Work Phone:

Work Cell:

Time Zone of their work location:

NOTE: Only primary and alternate security POCs are authorized to contact the SWL-DSO to inquire about a contract employee.

d. PCs security POCs shall submit the appropriate security investigation package for EACH CSE based on the Security Level listed above.

e. The SWL-DSO reserves the right to upgrade the security level background check/investigation requirement of any contract and/or applicable task order; this includes upgrading the investigation standards for specific CSEs. If required, badges will be issued to all clearedi personnel and are to be worn at all times while working on U.S. Army Corps of Engineers (USACE) property. Any CSE working on USACE property without the proper identification badge will be escorted off site.

NOTE: Proposed foreign contractors seeking to work on a USACE contract must be cleared through the Department of State prior to having site access. To obtain approval, each individual must complete and submit the appropriate documents for processing. The required procedure takes approximately 45 business days to process once all documentation is completed properly and submitted.

2. Security Investigation Package Requirements for each CSE.

a. Security Level One Requirements (processing time is approximately five business days)

(1) SWL form 487 dated 2016, Contractor Required Information Form.

(2) A copy of the CSE’s driver’s license or government issued identification card.

(3) A copy of the CSE’s proof of citizenship document or proof of authorization to work in the

United States. Acceptable documents are:

(a) U.S. Birth Certificate

(b) U.S. Passport

(c) U.S. Certificate of Citizenship-INS

(d) U.S. Certification of Naturalization

(e) FS-545, Certificate of Birth Abroad

(f) U.S. Certificate of Report of Birth

(g) U.S. Consular Report of Birth Abroad

(h) Workers visa

(i) Permanent Resident card

(4) One (1) digital passport-styled photo to be used for the USACE badge. Photos will be transmitted to the Security Office by means of CD or Email m4xslceswlcontracts@usace.army.mil. Each digital photo shall be stored in a file labeled by the name of the CSE. If transmitted through email, the subject line of the email must be the name of individual pictured. Photo requirements are as follows:

(a) In color.

(b) Taken within the last six months to reflect your current appearance.

(c) Taken in front a plain white or off-white background.

(d) Taken in full face viewed directly facing the camera.

(e) Taken with a neutral expression (preferred) or a natural smile, and with both eyes open.

(f) No hats or sunglasses are authorized in this photo; face must be clearly displayed with no distracters

(5) PCs must ensure each CSE is prescreened using the E-Verify program to meet the established employment eligibility requirements. The PC must ensure that the applicant has two valid forms of government issued identification, in order to ensure the correct information is entered in to the E-verify system. The CSE will provide the SWL-DSO with a list of verified employees to include their registration number from E-Verify. This list will be transmitted or mailed in the package along with the other required documents for CSEs. The E-Verify system can be located at the following URL (http://www.dhs.gov/e-verify).

(6) PCs must train each CSE on the iWatch/core watch suspicious activity reporting requirements (see paragraph 5).

b. Security Level Two Requirements (processing time is approximately 6 months once all documents are submitted electronically and accepted by the Personnel Security Investigation–Center of Excellence (PSI-COE) via the Personnel Security Investigation Portal (PSIP). Work Authorization/Site Access shall be denied until this background investigation is completed and favorably adjudicated. Automatic disqualifying factors that apply to all contractors being vetted at this level can be found in Table A.

(1) All requirements of the Security Level One package apply.

(2) Optional Form (OF) 306, Declaration for Federal Employment. This form shall be affixed with original date and signature; signature must be hand written-electronic signatures will not be accepted. The OF-306 can be found at the following web site:

http://www.opm.gov/forms/pdf_fill/of306.pdf.

(3) Fingerprint: Must be captured on an FD-258 electronically at an approved government site or manually (hard-copy) by a law enforcement or designated government security official.

(a) Hard-copy fingerprint submission can be captured by a law enforcement official local to the individual. CSE’s shall ensure that fingerprints are captured on a true/original FD-258 fingerprint card. No other form will be accepted. Card may be mailed through USPS to: U.S. Army Corps of Engineers, P.O. Box 867, Attn:

Security, Little Rock, AR 72201. Use of the commercial delivery service such as Federal Express or UPS shall use following address: US Army Corps of Engineers, Attn: Security Office, Suite 6116, Little Rock, AR, 72201.

(b) CSEs can request to be fingerprinted electronically at the SWL-DSO. If this option is chosen, the individual must contact the SWL-DSO to schedule an appointment.

Electronic fingerprinting is the quickest way to receive the results.

(c) CSE will have a background investigation requested by the SWL-DSO. The CSE will receive an email from PSI-COE with a link to complete the SF 85 online through e-QIP. It is the CSE’s responsibility to read each email thoroughly and complete all tasks given by PSI-COE to ensure the investigation will not be terminated. The CSE will receive an information email stating no further documentation or revisions are required. See Standard Form (SF) 85 for required data input information at http://www.opm.gov/forms/pdf_fill/sf85.pdf. This is to be used as a guide (only) when completing the online equivalent and submitting direct to OPM.

c. Security Level Three Requirements (processing time is approximately 9 months once all documents are submitted electronically and accepted by the Personnel Security Investigation – Center of Excellence (PSI-COE) via the Personnel Security Investigation Portal (PSIP). Work Authorization/Site Access shall be denied until this background investigation is complete and favorably adjudicated. Automatic disqualifying factors that apply to all contractors being vetted at this level can be found in Table A.

(1) All requirements of the Security Level One and Two packages apply except the SF 85 is replaced with the SF 86. See Standard Form (SF) 86 for required data input information at http://www.opm.gov/forms/pdf_fill/sf86.pdf.

d. Multi-Level Security Requirement. (Processing time varies) This level requires the use of “escorts”, which shall be provided by the contractor. Escorts are contractor employees who have met Security Level Two requirements (this takes approximately 6 months once all documents are submitted. Refer to section 2-b.) Escorts will be provided at a 5:1 ratio, this means for every five contractor employees there will be one approved escort that is to remain within close proximity to those they are escorting at all times. All employees that will not be designated as escorts shall meet Security Level One, Table A requirements (this takes approximately 5 business days. Refer to section 2-a.).

3. Personnel Security Investigation Package Transmission

Mailing Address:

USACE SWL

Attn: Security Office 700 West Capitol Ave (room 6116) P.O. Box 867 Little Rock, AR 72201

a. If mailed- the investigation package will be transmitted in a sealed envelope together with a transmittal letter attached to the outside of the envelope for each applicant with the following information:

(1) Contract Number and Title

(2) Contracting Officer’s representative name, office number, and cellular number

(3) CSE’s full name and contact information

(4) PC name, address, and telephone number

b. Investigation packages can be faxed to (501) 324-5471. Faxed packages must have coversheet with contract information. Documents that contain personally identifiable information (such as social security number) must have coversheet stating “Page contains PII follows”.

c. Email transmission- email packages to m4xslceswlcontracts@usace.army.mil Documents must be password protected if they contain personally identifiable information (such as social security number). Passwords to documents must be sent in separate email.

d. Investigation packages will be submitted to the SWL-DSO for processing and adjudication.

Incomplete forms, illegible forms, etc., will be returned for correction and/ or completion and can delay the CSE from beginning work. The SWL-DSO address can be found in paragraph 2.b (3) (a) above.

e. Any change in personnel (whether an addition or replacement) at any time throughout the duration of the contract, will require the new personnel or replacement personnel to be vetted and approved by the SWL-DSO, in accordance with the requirements contained herein, prior to being granted Work Authorization/Site Access to any USACE property.

4. Onsite Access Approval

The CSE is responsible for contacting either the COR or the SWL Security Office, prior to the first day of work, to receive a list of approved individuals to be onsite, and their badges for identification purposes while onsite. All individuals on USACE property are required to wear identification badge. CSEs must be aware that COR representatives, project office personnel, and/or Security Office personnel can and will conduct identification checks on all persons onsite at USACE property. Any person found onsite without proper identification will be escorted offsite.

5. IWATCH/ Corps Watch Suspicious Activity Reporting (AT/OPSEC Cover Sheet, pg. 2, Section G, 4)

a. Security is simply EVERYONE’s responsibility. We owe it to our organization, our families, and ourselves to constantly be vigilant about what goes on around us. Trust your instincts. We rely on our senses every day of our lives. If a behavior or activity makes you feel uncomfortable, report it. If it doesn’t look, sound, or smell right, report it. The simple rule is, “If you see something, say something!”

b. The contractor and all associated subcontractors will brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO-contained herein, below). 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. The CSE will provide the SWL Security Office with a list of employees who have been provided this training.

This list will be transmitted in the package along with the other required documents for employees.

c. If you see something suspicious, provided below is the type of information to report:

(1) What you witnessed (the suspicious activity) including the date, time, and location.

(2) Description of who was involved

(3) Gender of person(s) involved

(4) Height, build, hair/skin color, and approx. age of person(s) involved

(5) Language spoken (if known)

(6) Vehicle description/ license number (if known)

(7) Have you seen this activity before?

d. How to report:

(1) In an emergency- call 911

(2) Notify your immediate supervisor and COR

6. Disqualifying Factors

Background check/investigation disqualifying factors are included in Tables A and B of this document.

i The term cleared refers to an individual granted authority to work on U.S. Army Corps of Engineers Property. This authorization comes through the Little Rock District Security Office to the Contracting Officer’s Representative (COR).

Table A. Disqualifying Factors

CRIMINAL HISTORY/ CRIMINAL INFORMATION

CHARGED* OR CONVICTED

< 5 Yrs < 10 Yrs > 10 Yrs

Inability to verify claimed identity DENY DENY DENY Individual submitted fraudulent identity information DENY DENY DENY Active wants or warrants DENY DENY DENY Barred from any Federal installation or facility DENY DENY DENY Kidnapping, hostage taking, human trafficking, or human smuggling, or conspiracy or attempt to commit offense

DENY DENY DENY

Rape, forcible sodomy, or sexual assault, or conspiracy or attempt to commit offense

DENY DENY DENY

Any sexual offense involving a minor or child, including child molestation, or child pornography; or conspiracy or attempt to commit offense

DENY DENY DENY

Distribution of, or possession with intent to distribute a controlled substance, or conspiracy or attempt to commit offense

DENY DENY DENY

Armed Robbery or conspiracy or attempt to commit offense DENY DENY DENY Espionage, sabotage, treason, or terrorism (not terroristic threats); or conspiracy or attempt to commit offense

DENY DENY DENY

Criminal homicide, murder, manslaughter, or negligent homicide

DENY DENY DENY

Registered Sex Offender DENY DENY DENY Any felony conviction DENY DENY DENY Felony charge involving unlawful distribution, sale, use, possession, or manufacture of and explosive, explosive device, or firearm; or conspiracy or attempt to commit offense

DENY DENY DENY

Knowingly/willfully engaged in acts or activities to overthrow the U.S. Government by force in any jurisdiction or any country; or conspiracy or attempt to commit offense

DENY DENY DENY

Table A. Disqualifying Factors Continued

CRIMINAL HISTORY/ CRIMINAL INFORMATION

CHARGED* OR CONVICTED

<5 Yrs <10 Yrs >10 Yrs

Known/suspected terrorist or belongs to known/suspected terrorist organization

DENY DENY DENY

Mayhem, maiming DENY DENY DENY Child abuse involving serious bodily injury to a child or minor DENY DENY DENY Importation or manufacture of a controlled substance DENY DENY DENY Any type of arson DENY DENY ALLOW Any type of burglary or robbery DENY DENY ALLOW Any type of possession or distribution of stolen property DENY DENY ALLOW Any time of willful destruction of property DENY DENY ALLOW Any type of threat or disruption to the public (terroristic threat, inciting a riot, etc.)

DENY DENY ALLOW

Any type of extortion, bribery, or fraud DENY DENY DENY Operation of a motor vehicle while intoxicated by alcohol or drugs in any jurisdiction (1 conviction)

ALLOW ALLOW ALLOW

5 or more offenses for any crime (excluding minor traffic violations)

DENY DENY DENY

2 or more offenses for any crime (excluding minor traffic violations)

DENY ALLOW ALLOW

Any type of assault or violent crime DENY DENY ALLOW Illegal possession or use of a controlled substance DENY ALLOW ALLOW

LEGEND/NOTES

DENY Individual(s) are not cleared to work on USACE property under any circumstance

* Individual must be completely finished through legal processes of being charged with a crime, and will be required to provide documentation

Table B. Disqualifying Factors

CRIMINAL HISTORY/ CRIMINAL INFORMATION

CHARGED* OR CONVICTED

< 5 Yrs < 10 Yrs > 10 Yrs

Inability to verify claimed identity DENY DENY DENY Individual submitted fraudulent identity information DENY DENY DENY Active wants or warrants DENY DENY DENY Barred from any Federal installation or facility DENY DENY DENY Kidnapping, hostage taking, human trafficking, or human smuggling, or conspiracy or attempt to commit offense

DENY DENY DENY

Rape, forcible sodomy, or sexual assault, or conspiracy or attempt to commit offense

DENY DENY DENY

Any sexual offense involving a minor or child, including child molestation, or child pornography; or conspiracy or attempt to commit offense

DENY DENY DENY

Distribution of, or possession with intent to distribute a controlled substance, or conspiracy or attempt to commit offense

DENY DENY DENY

Armed Robbery or conspiracy or attempt to commit offense DENY DENY DENY Espionage, sabotage, treason, or terrorism (not terroristic threats); or conspiracy or attempt to commit offense

DENY DENY DENY

Criminal homicide, murder, manslaughter, or negligent homicide

DENY DENY DENY

Registered Sex Offender DENY DENY DENY Felony conviction not specified individually in this document DENY DENY ALLOW Felony charge involving unlawful distribution, sale, use, possession, or manufacture of and explosive, explosive device, or firearm; or conspiracy or attempt to commit offense

DENY DENY DENY

Table B. Disqualifying Factors Continued Knowingly/willfully engaged in acts or activities to overthrow the U.S. Government by force in any jurisdiction or any country; or conspiracy or attempt to commit offense

DENY DENY DENY

Known/suspected terrorist or belongs to known/suspected terrorist organization

DENY DENY DENY

Mayhem, maiming DENY DENY DENY Child abuse involving serious bodily injury to a child or minor DENY DENY DENY Importation or manufacture of a controlled substance DENY DENY DENY Any type of arson DENY DENY ALLOW Any type of burglary or robbery DENY DENY ALLOW Any type of possession or distribution of stolen property DENY DENY ALLOW Any time of willful destruction of property DENY DENY ALLOW Any type of threat or disruption to the public (terroristic threat, inciting a riot, etc.)

DENY ALLOW ALLOW

Any type of extortion, bribery, or fraud DENY DENY ALLOW Operation of a motor vehicle while intoxicated by alcohol or drugs in any jurisdiction (1 conviction)

ALLOW ALLOW ALLOW

5 or more offenses for any crime (excluding minor traffic violations)

DENY DENY ALLOW

2 or more offenses for any crime (excluding minor traffic violations)

DENY ALLOW ALLOW

Any type of assault or violent crime DENY DENY ALLOW Illegal possession or use of a controlled substance DENY ALLOW ALLOW

LEGEND/NOTES

DENY Individual(s) are not cleared to work on USACE property under any circumstance

* Individual must be completely finished through legal processes of being charged with a crime, and will be required to provide documentation

1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: Not applicable

1.6.8 Special Qualifications: Contractor shall comply with all local, State, and Federal environmental laws, rules and regulations in the performance of this contract.

1.6.9 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 Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: The contract manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 AM and 4:30 PM, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor vehicles will be clearly marked with the company name.

1.6.13 Contractor Travel: Not applicable

1.6.14 Other Direct Costs: Not applicable

1.6.15 Data Rights: Not applicable

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect 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.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions. As used throughout this contract, the following terms have the meaning and requirements set forth below.

2.1.1 Solid waste removal – Removal of trash and debris from designated dumpsters and disposal in accordance with state and local laws and ordinances.

2.1.2 Policing. Picking up and disposing of trash within a 25 feet radius of dumpsters on scheduled pickup dates or optional unscheduled pickups as ordered.

2.1.3 Disinfect. Application of a mild commercially available disinfectant solution containing cleaner and deodorant diluted to the Association of Official Agricultural Chemists (AOAC) recommended rating for destruction of bacteria.

2.1.4 Wash-Down. Cleaning with water hose and nozzle or power washer to remove dirt, trash, insects, and other foreign material stuck to the dumpster inside and out and dumpster lid assemblies performed on the first scheduled service of each month.

2.1.5 Timeliness. Timeliness is defined as removal of solid waste from dumpsters, on the dates listed in attachment 5, for scheduled services and within the hours listed in paragraph 1.6.4 or the removal of solid waste on an optional unscheduled service within 24 hours of initial notification.

2.1.6 Scheduled Services. Services for the removal of solid waste from parks and project office at Table Rock Lake on the dates specified in Attachment 5. If option years are exercised, new pickup schedules will be furnished to the contractor at that time.

2.1.7 Optional Unscheduled Services. It is anticipated that extra service will be required for special events or due to heavy recreational use that cannot be foreseen. The Contracting Officer's Representative will notify the contractor as soon as possible upon notification of required extra services. Optional unscheduled services requested shall be completed within 24 hours of notification regardless of normal scheduled service dates. Optional unscheduled services will not change the scheduled services required. These services can be used on any day at any time.

2.1.8 Foreign material – Material not installed or applied as a part of the fixture or facility such as dirt, debris, trash, leaves, hair, limbs, or other material, which may attract or hide vermin or pose a health risk to the public.

2.1.9 Defect – An instance of noncompliance with a service requirement. A defect may be caused by either non-performance or unsatisfactory performance.

2.1.10 Major Defect – A major defect is a defect that is likely to reduce materially the usability of the unit of service for its intended purpose. A major defect is a defect that judgment and experience indicate would result in hazardous or unsafe conditions. A major defect is also a defect that judgment and experience indicates that to achieve substantial compliance with an established standard, immediate corrective action is required. A major defect is also classified as a collection of 2 or more minor defects in the same general area.

2.1.11 Minor defect – A minor defect is a defect that is not likely to reduce materially the usability of the unit of service for its intended purpose, or is a departure from the established standards having little bearing on the effectiveness of the unit of service. A minor defect is a defect that judgment and experience indicates is not a substantial deviation from requirements and generally does not require re-performance for overall performance to be considered as satisfactory.

2.1.12 Standard – A standard is a desired condition, value, or measure by which a service or product is judged to meet a specification or requirement.

2.1.13 Critical element – A critical element is a task, procedure, or operation which has been determined to be mandatory to fulfill the condition, value or measure comprising a standard.

2.1.14 Non-critical element – A non-critical element is a task, procedure, or operation which has been determined to be essential to the overall condition, value, or measure comprising a standard, but will not constitute a substantial deviation (major defect) from the standard. Repeated unsatisfactory performance or non-performance of non-critical elements can constitute a substantial deviation (major defect) from the standard.

2.1.15 Inspection: The examination and testing of supplies or services to determine whether the supplies or services conform to contract requirements. Inspection is the process of measuring, examining, testing, or otherwise comparing the unit of service with the requirements.

2.1.16. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.17. CONTRACTING OFFICER. 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.

2.1.18. 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.

2.1.19. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.20. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.21. 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.

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

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

2.1.24. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.26. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.28. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out 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 QDR Quality Deficiency Report TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Equipment: The Government will provide 32 - eight (8) cubic yard dumpsters in connection with this contract. The use of Government furnished property for other purposes is prohibited. All such property will be provided in "as is" condition. At the completion of the contract, return all equipment to the Government in the same condition as received, except for reasonable wear and tear.

3.2 Protection of Government Property. The contractor is responsible for the protection of all government property they are working on or around. Any damage to government property, as a result of the contractor’s operations, will be repaired at the contractor’s expense. The government will arrange for any repairs needed.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish and properly maintain sufficient equipment, materials, labor and supplies necessary to perform the work according to the scheduled services and optional unscheduled services. Equipment must be able to safely perform solid waste removal operations on rear loader type dumpsters.

4.2 Equipment: The Contractor shall provide all equipment, materials, supplies, fuel, and lubricants required to perform work specified. The Contractor shall not service or repair equipment on government property. Equipment shall meet the requirements of EM 385-1-1, Safety and Health Requirements Manual.

Equipment used in performance of this contract shall be kept clean, reasonably odor free and in safe operating condition and shall be clearly marked with an identification sign showing the Contractors name, telephone number and/or address. Trucks used to haul waste shall be equipped to properly empty 8 cubic yard rear load type dumpsters and shall be constructed in a manner that will prevent trash from blowing out of the truck or liquid from spilling onto roadways while in parks and while en-route to landfills. Vehicles shall be properly equipped to wash down trash containers, apply the required disinfectant and deodorizers as well as being able to contain all chemicals and liquids used in conjunction with wash down and deodorizing operations.

4.3 Roll Off Container. The contractor shall furnish a 30 cubic yard roll off container to the project upon request. This container will be used for disposal of larger items removed from the parks, office compound and along the lake shoreline throughout the year. Examples would be couches, hot water heaters, tires, appliances, lumber, metal, buoys, floatation from docks, etc. There is no set schedule for drop off or pickup of this container. The contractor will be notified when container is needed and when a pickup is required. No extra charges or payment will be made for rental, tonnage, or particular items placed in the dumpster in conjunction with use of the container. No chemical or hazardous materials will be placed in the dumpsters. The possibility of Freon in certain appliances exists and should be planned for by the contractor. It is estimated that three pickups will be needed each year.

4.4 Permits. The Contractor shall, without additional expense to the Government, be responsible for obtaining and maintaining as current, any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, regulations, in connection with execution of the work.

4.5 Damages or Loss of Contractor's Property. The Contractor is responsible for taking the action necessary to protect all Contractor property from loss, damage or theft.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 A solid waste removal service shall include the following:

Solid Waste Removal From Dumpster Policing of Dumpster Areas Disinfect Dumpsters Wash-Down Dumpsters Timeliness

5.2 Task Standards. Specific standards for the requirements listed above are as follows.

5.2.1 Solid Waste Removal. Complete removal of trash and debris from dumpster on each scheduled service or on each optional unscheduled service with trash and debris being placed in contractor’s equipment and removed from recreation area or compound area.

5.2.2 Policing Area. Pick up and dispose of debris and trash within a 25 foot Radius of the dumpster during the performance of each scheduled service or each optional unscheduled service. All debris and trash policed will be placed in contractor’s equipment for removal from recreation area or compound area.

5.2.3 Disinfect. Disinfectant each dumpster at the completion of each solid waste removal operation so as not to attract or propagate insects or vermin, produce offensive odors, or pose a health threat to the public.

5.2.4 Wash-Down. Wash-Down each dumpster inside and out as well as the dumpster lid assembly until free of wastes and waste residue and free of obnoxious odors on the first scheduled service of each month.

Wash-Down liquid shall not be allowed on ground and will be removed from dumpster and hauled away.

5.2.5 Timeliness. Remove solid waste from every dumpster on dates listed in Attachment 5, within the hours listed on contractors proposed route schedule (5.4) and in paragraph 1.6.4 and remove solid waste from specific dumpster/s within 24 hours of notification of optional unscheduled service.

5.3 Quantity of Dumpsters. The number of dumpsters on Table Rock Project is specified in Attachment 4.

The Contracting Officer may change the location of the dumpsters within a park or compound during a regular scheduled service. It is anticipated that no more than four dumpsters, per year, may require relocation. No additional payment will be made for dumpsters moved within parks or compound.

5.4 Route Schedule. The Contractor shall submit in writing, for approval of the Contracting Officer's Representative, a detailed plan of refuse collection routes, and approximate time (+ or – 2 hours) that the crew will enter and leave each area being serviced. The schedule shall be submitted during the pre-work conference. Any proposed deviations from the approved schedule shall be submitted in writing to the Contracting Officer's Representative for approval, prior to any schedule changes taking effect.

5.5 Disposal of Refuse. All collected refuse shall be transported to and disposed of in a sanitary landfill having a current and valid State or Federal EPA permit. A copy of the landfill’s permit must be provided to the COR during the pre-work conference.

5.6 Contractor Exposure Hours. The number of hours worked by contractor under this contract shall be reported to the Table Rock Project Office each month when contractor submits his monthly invoices.

5.7 Re-performance of Service. Should an inspection reveal a major defect that requires performance or re-performance of a required service under this contract, the contractor shall perform / re-perform the service within 4 hours of notification of problem. The government will make one attempt to request the re-performance of the service. This will be done via the contractors stated method of communication. If re-performance of the service is not accomplished or accomplished to standards set forth in this contract, payment deductions will be enforced and contract deficiency reports will be completed and submitted to the Contracting Officer.

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. EM 385 1-1

6.2 US Army Solid Waste Services Manual. Available from U.S. Naval Publications, 5801 Tabor Ave, Philadelphia, PA 19120. Applicability is advisory.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit…