W9128F18Q0025_Oahe_Complete_Garbage_Removal_.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0025 26-Jan-2018

b. TELEPHONE NUMBER

402-995-2726

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Feb 2018

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.

W9128F9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MONICA L DWYER

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

W59XQG80079978

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 BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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: 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.

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)

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.

Section SF 1449 - CONTINUATION SHEET

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2018 TO

31-MAR-2019

N/A N/A

FOB: Destination

0002 POP 01-APR-2019 TO

31-MAR-2020

0003 POP 01-APR-2020 TO

31-MAR-2021

0004 POP 01-APR-2021 TO

31-MAR-2022

0005 POP 01-APR-2022 TO

31-MAR-2023

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Months

BEV CR CAMPGROUND GARBAGE REM

FFP

Oahe Project Beaver Creak recreation area garbage removal services. Services as described in performance work statement.

Base Year: 1 April 2018 - 31 March 2019 Active period of performance: 01 April 2018 through 30 November 2018 Inactive period of performance: 01 December 2018 through 31 March 2019

FOB: Destination

MILSTRIP: W59XQG80079978

PURCHASE REQUEST NUMBER: W59XQG80079978

NET AMT

0002 8 Months

OPTION BEV CR CAMPGROUND GARBAGE REM

FFP

Oahe Project Beaver Creak recreation area garbage removal services. Services as described in performance work statement.

Option Year 1: 1 April 2019 - 31 March 2020 Active period of performance: 01 April 2019 through 30 November 2019 Inactive period of performance: 01 December 2019 through 31 March 2020

FOB: Destination

0003 8 Months

OPTION BEV CR CAMPGROUND GARBAGE REM

FFP

Oahe Project Beaver Creak recreation area garbage removal services. Services as described in performance work statement.

Option Year 2: 1 April 2020 - 31 March 2021 Active period of performance: 01 April 2020 through 30 November 2020 Inactive period of performance: 01 December 2020 through 31 March 2021

FOB: Destination

0004 8 Months

OPTION BEV CR CAMPGROUND GARBAGE REM

FFP

Oahe Project Beaver Creak recreation area garbage removal services. Services as described in performance work statement.

Option Year 3: 1 April 2021 - 31 March 2022 Active period of performance: 01 April 2021 through 30 November 2021 Inactive period of performance: 01 December 2021 through 31 March 2022

FOB: Destination

0005 8 Months

OPTION BEV CR CAMPGROUND GARBAGE REM

FFP

Oahe Project Beaver Creak recreation area garbage removal services. Services as described in performance work statement.

Option Year 4: 1 April 2022 - 31 March 2023 Active period of performance: 01 April 2022 through 30 November 2022 Inactive period of performance: 01 December 2022 through 31 March 2023

SUPPLEMENTAL PRICING SHEET

*The government shall use the supplemental pricing sheet to determine a fair and reasonable price. In the event that services are not performed or re-performed when deficiencies have been identified, the government will use the information in the pricing sheet to determine the correct amount to be paid to the contractor.

The contractor shall enter a monthly price and total amount for each CLIN 0001 – 0005, which will represent the official quote for the solicitation.

Base Year: 01 April 2018 through 31 March 2019

Description

Unit Unit Price QTY

Amount

Beaver Creek Recreation Complete Weekly Garbage Removal Service

EA $_______ __8__ $

*The contractor shall enter a monthly price and total amount as shown on CLIN 0001 of the SF 1449.

Option Year 1: 01 April 2019 through 31 March 2020

EA $_______ __8___ $

*The contractor shall enter a monthly price and total amount as shown on CLIN 0002 of the SF 1449.

Option Year 2: 01 April 2020 through 31 March 2021

Option Year 3: 01 April 2021 through 31 March 2022

Option Year 4: 01 April 2022 through 31 March 2023

TOTAL PRICE (CLINS 0001-0005) $______________________

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Addendum; Instructions to Quoters—Commercial Items

This solicitation is being advertised as a best value procurement. See FAR 52.212-2 Addendum; Evaluation— Commercial Items for specific information to be submitted with your quote.

Please provide the following information with your quote:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

DUNS:

TIN:

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 specified in this solicitation. Electronic quotations are preferred over paper responses, unless other arrangements have been made. Send completed quotation to Monica L. Dwyer at monica.l.dwyer@usace.army.mil

Please reference Solicitation Number W9128F18Q0025 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Monica L. Dwyer at 402-995-2726, or at monica.l.dwyer@usace.army.mil.

For technical or specification questions; contact Patrick Feiock, at 605-845-2252, or patrick.d.feiock@usace.army.mil.

Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.

(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to purchase order issuance, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to issue the purchase order to the next otherwise successful https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

(m) Insurance Required (FAR 52.228-5):

In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $ 20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

(n) State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractor shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota.

Telephone 605-773-3311.

52.212-2 ADDENDUM; EVALUATION--COMMERCIAL ITEMS

https://www.acquisition.gov/

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will the best value to the Government. Quotations will be evaluated using the following factors:

1. Past Performance – The quoter shall provide two references of projects completed within the past three (3) years. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

Additionally, past performance may be based on the contracting’s officer’s knowledge of and previous experience with similar purchases acquired and any information contained in the Governmentwide Past Performance Information Retrieval System (PPIRS), contained at www.ppirs.gov.

The quoter will receive a rating of exceptional for past performance that demonstrates successful completion of similar purchases on all references and the additional information retrieved from PPIRS and from the Contracting Officer is favorable. The quoter will receive a rating of satisfactory for past performance that has at least one reference that demonstrates successful completion of similar purchases and the information from PPIRS and the Contracting Officer is favorable. The quoter will receive a rating of unsatisfactory for past performance that does not demonstrate any successfully completed similar purchases on the references and the additional information from PPIRS and the Contracting Officer is not favorable.

2. Price – The quote shall be inclusive of all costs to perform the work specified in the PWS. The prospective Contractor's proposed monthly garbage pickup rates shall be inclusive of all costs that might be incurred during this agreement such as, but not limited to, mobilization fee, labor, fuel, chemical, mileage, equipment, rental fees, licenses, insurance, etc. The Contractor shall provide bid prices for all line items on the bid sheet. The Government may award an agreement resulting from this solicitation consisting of a single line item only or any combination of line items. Agreement work will include actual garbage pickup services as listed on the PAR.

3. Ability to provide appropriate equipment and staff: Please provide the type of equipment you have available to perform the required work and the level of experience/expertise for your crew members.

4. Professional experience with garbage pickup: Please provide a written summary of your experience.

After a preliminary consideration of all quotations, the government will identify from all quotations one that is the most suitable to the user and screen all lower priced quotations based on the readily discernible value factors (1-4) above.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

For the purpose of the award of the contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotations relative to each other, and will not affect http://www.ppirs.gov/ the ranking of proposals based on price, unless, after reviewing the quotations, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

PWS

PERFORMANCE WORK STATEMENT (PWS)

COMPLETE GARBAGE REMOVAL SERVICES

NORTH DAKOTA RECREATION AREAS

US ARMY CORPS OF ENGINEERS

(OAHE PROJECT/LAKE OAHE)

28563 Powerhouse Road Pierre, SD 57501

1.0 General Information.

1.1 Background. The Corps of Engineers manages/maintains four (4) recreation areas that are used quite frequently by the visiting public. Complete garbage removal services are required to provide a quality and safe experience for our visiting public.

1.2 Scope of Work. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide complete garbage removal services in several recreation areas to be picked up at Beaver Creek Recreation Area for the Corps of Engineers (Oahe Project/Lake Oahe) 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.

This is a fixed priced, performance based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: 01 April 2018 through 31 March 2019

• Active period of performance: 01 April 2018 through 30 November 2018

• Inactive period of performance: 1 December 2018 through 31 March 2019

Option Year 1: 01 April 2019 through 31 March 2020

• Active period of performance: 01 April 2019 through 30 November 2019

• Inactive period of performance: 1 December 2019 through 31 March 2020

Option Year 2: 01 April 2020 through 31 March 2021

• Active period of performance: 01 April 2020 through 30 November 2020

• Inactive period of performance: 1 December 2020 through 31 March 2021

Option Year 3: 01 April 2021 through 31 March 2022

• Active period of performance: 01 April 2021 through 30 November 2021

• Inactive period of performance: 1 December 2021 through 31 March 2022

Option Year 4: 01 April 2022 through 31 March 2023

• Active period of performance: 01 April 2022 through 30 November 2022

• Inactive period of performance: 1 December 2022 through 31 March 2023

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. One individual is required to perform the services stated in this PWS. All contractor personnel and regular subcontractors shall maintain a neat and clean appearance. All contractor vehicles shall be registered, licensed, and insured to meet all State and local laws. The contractor employees shall be skilled in and capable of performing the work under this contract. All employees of the contractor or subcontractor shall be at least 16 years of age or older.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will use a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Upon, notification, the contractor shall re-perform services the following day. The Contractor shall notify the COR within 24 hours of completion and a re-inspection shall be conducted.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the hours of 8:00 a.m. to 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. The Contractor must 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.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

a. Activity Hazard Analysis (AHA);

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors;

e. Material Safety Data Sheets (MSDS): The Contractor shall supply MSDS’s for all cleaning solutions, detergents, and materials used on the project. ]

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.11.2 Key Control. The contractor shall ensure all keys issued by the government are not lost, stolen, duplicated, or used by unauthorized persons.

1.11.2.1 The Contractor shall immediately report to the COR any occurrences of lost or stolen keys.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.11.2.2 In the event keys, other than master keys are lost or stolen, the contractor may be required, upon written direction of the COR, to re-key or replace the affected lock or locks without cost to the government. The government may, however, at its option, replace the affected lock or locks or perform re-keying and deduct the cost of such from the monthly payment due the contractor. If a master key is lost or stolen, the government may need to replace all locks and keys for that system. The government will deduct the total cost to replace the locks and keys from the contractor’s monthly invoice.

1.11.2.3 The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall not facilitate access of secured areas to persons other than contractor personnel or subcontractors engaged in performance of contract work requirements.

1.12 Antiterrorism/Operation Security Requirements

1.12.1. Access and General Protection/Security Policy and Procedures. All 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/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 installation or facility change, the Government may require changes in contractor security matters or processes.

1.12.2 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the [Insert Contracting Officer or COR] no later than three (3) business days after the initial contract award.

1.13 Payment

1.13.1 The government will make payment monthly, after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. The Government will provide locations for containers throughout the area during each seven month period.

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Materials. N/A

4.3 Equipment. The Contractor shall furnish all containers and any other equipment to meet the requirement under this PWS.

4.4 Monthly Submittals. The Contractor shall, on a monthly basis and not later than the fifth (5th) day of the month, submit to the Natural Resource Specialist an invoice (Attachment 3) for garbage removal services provided the preceding month. The Contractor shall, on a monthly basis also submit a monthly summary of weekly logs or immediately upon request of the COR. This log will indicate the date and time garbage removal was completed; any vandalism, maintenance problems, etc; will be noted on the log. Attachment 2 is the only acceptable format that will be used for submission of the weekly log reports.

4.5 Disposal Off Government Land. The Contractor shall dispose of all refuse in disposal areas located off Government land. There will be no disposal areas provided on Government land. The Contractor must make all necessary arrangements, obtain permits if required and make all payments for use of the disposal area. The Contractor shall furnish the COR a letter from the owner of the disposal site they propose to use, stating that they are authorized to use the disposal area for the length of the contract. If the disposal area which the Contractor proposes to use is not presently being utilized as an authorized city or county refuse disposal, the State Health Officer's approval will be required even if the Contractor owns the land.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide complete garbage removal services as outlined in this contract.

5.2 Complete Garbage Removal. Beaver Creek Recreation Area

5.2.1 The Contractor shall perform garbage removal service in accordance with the specifications contained herein and the attached site map 1 (Attachment 5). The contractor shall provide three 6 yard containers in Beaver Creek Campground. The contractor shall also provide a container or containers to equal a minimum of 15 cubic yards for fish and household trash located at the Beaver Creek Recreation Area. The exact location of the dumpsters (in Beaver Creek Recreation Area) will be shown to the contractor once the contract is awarded at the pre-con meeting.

All containers must be constructed of rigid and durable, rust-resistant and corrosion-resistant material, be equipped with tight-fitting lids or doors to prevent entrance of insects or rodents, and must be leak proof. Lids and covers must be closed except when adding or removing waste. Lids must be able to be latched or tied down so they will not be opened by the animals or environmental conditions. All containers must be treated on a regular basis to keep odors and insects at a minimum.

5.2.2 The Contractor shall empty all containers weekly. All containers must be placed before the start of each option period (April 1st). At the final pickup, the containers must be removed from government lands to end of each option period on or before November seventh (7th). All odor complaints shall be promptly addressed by replacement of containers, installation of liners, or treatment of containers.

5.2.3 Re-performance: Contractor shall be notified when re-performance is required by a validated customer complaint or corrective action report. The contractor shall re-perform operations within 24 hours of notification and shall notify the POC within 24 hours of completion and a re-inspection shall be conducted.

6.0 Performance Requirements Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide garbage removal. PWS paragraph 5.2

The contractor shall remove garbage to maintain a clean appearance and dumpster shall be treated.

No more than 1 valid discrepancies and/or 1 legitimate complaints from the public within a 30 day period can be cause for contract termination.

Periodic surveillance by the Government and Validated Customer Complaint received by COR.

PRS # 2

Damage to Property:

PWS paragraph 1.6.4

The Contractor shall be required to report and replace/repair any damage to government property due to Contractor’s negligence.

No more than 1 valid discrepancies and/or 1 legitimate complaints from the public within a 30 day period can be cause for contract termination.

Periodic surveillance by the Government and Validated Customer Complaint received by COR.

PRS # 3

Re-performance:

PWS paragraph 5.2.3

The Contractor shall perform re-performance and notify the POC.

Zero Deviation from standard – Re-performance completed within 24 hours of notification

100 Percent Inspection

7.0 Attachments

7.1. Attachment 1 – Garbage Container Inventory

7.2. Attachment 2 – Contractors Garbage Removal Worksheet

7.3. Attachment 3 - Invoice

7.4. Attachment 4 - Equipment and Work Experience Log

7.5. Attachment 5 – Map of Area

ATTACHMENT 1 – GARBAGE CONTAINER INVENTORY

ZONE 4

Area:

Beaver Creek Campground Beaver Creek Recreation Area

Quantity of Containers:

Three 6-yard Container (s) that can hold up to 15-yards of waste

ATTACHMENT 2 - CONTRACTORS GARBAGE REMOVAL WORKSHEET

ZONE 4 CONTRACTOR WEEKLY LOG

CONTRACTOR_______________________ DATE_________________

MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

DATE

AREA

START TIME

FINISH TIME

AREAS WITH ANY PROBLEMS OR VANDALISM__________________________________

WEATHER CONDITIONS____________________________________________________

CONTRACTOR'S SIGNATURE___________________________________________________

ATTACHMENT 3 - INVOICE

W9128F18Q0025

ATTACHMENT 4 - EQUIPMENT AND WORK EXPERIENCE LOG

TYPE CAPACITY MANUFACTURER AGE LOCATION CONDITION

EXPERIENCE RECORD

ATTACHMENT 5 - MAP OF AREA

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing…