W9128F22Q0026_Big Bend Refuse Collection_15 Mar 2022_v.3.pdf

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Attached to
Big Bend Refuse Collection Federal contract opportunity
Solicitation number
W9128F21Q0026
Issued by
Department of the Army Corps of Engineers Engineering District Omaha

About this file

This solicitation is for refuse collection services at the Big Bend Project. The contractor will be responsible for collecting and disposing of refuse from designated locations using their own labor, supervision, equipment and supplies. Services will be performed on a fixed price basis with performance measured on outcomes. The contractor must collect refuse in accordance with the schedule from April 2022 through March 2026, with the base year running from April 2022 to March 2023. The contractor will service areas shown on attached maps, emptying dumpsters and waste cans according to specifications. The refuse must be disposed of off government property at an approved site.

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SEE ADDENDUM

(No Collect Calls)

W9128F22Q0026 15-Mar-2022

b. TELEPHONE NUMBER

(402) 995-2074

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 25 Mar 2022

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

WAYNE C WEIDENHAMER

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

W59XQG20118010

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 968814 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE BIG BEND PRJ OFC NTL RSC/CLDBK

JACKI BULTSMA

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

TEL: 605-245-1807 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

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)

PAGE 2 OF55

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

PRICE SCHEDULE

PWS

PERFORMANCE WORK STATEMENT (PWS)

BIG BEND REFUSE COLLECTION

U.S. Army Corps of Engineers Big Bend Project

Fort Thompson, South Dakota January 2022

1.0 General Information.

1.1 Background. Refuse collection has regularly been completed by contract services.

1.2 Scope of Work. This is a non-personal services contract to provide refuse collection services at Big Bend Project. Services include furnishing all labor, supervision, equipment and supplies necessary for the collection and disposal of refuse from the Big Bend Project at locations shown on the attached maps and as described herein. 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. 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 three (3) 12-month option years. The Period of Performance reads as follows:

Base Year: 01 April 2022 through 31 March 2023

Active period of performance: 01 April 2022 through 31 March 2023

Option Year 1: 01 April 2023 through 31 March 2024 Active period of performance: 01 April 2023 through 31 March 2024

Option Year 2: 01 April 2024 through 31 March 2025

Active period of performance: 01 April 2024 through 31 March 2025

Option Year 3: 01 April 2025 through 31 March 2026

Active period of performance: 01 April 2025 through 31 March 2026

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 1.3.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. 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 to 4:00 pm Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

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 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) 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. Contractor must re-perform services within 48 hours and will provide notification to the COR upon completion.

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 7:00 am to 4:30pm except designated Federal holidays. No pickups are needed on the following holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Native American Day, Veteran’s Day, Thanksgiving Day, Christmas Day. Pickup will be rescheduled for the day prior to these holidays if the originally scheduled pickup falls on a listed holiday. No pickups will be required 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. Safety Data Sheets (SDS)

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. Equipment List

f. Monthly Payment Invoices

g. Monthly Time Sheet

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.

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.

1.12.1.1 For contractors who do not require Common Access Card (CAC), but require access to a DoD facility or installation. Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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 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).

Refuse: Includes all garbage, ashes, debris, rubbish and similar waste material. In addition, refuse shall also include leaves, cardboard boxes, bundled or tied items obviously intended for disposal and left adjacent to dumpsters. Not included are explosive and incendiary waste and contaminated waste from medical, chemical, hazardous materials, and radiological processes.

Garbage: Animal and vegetable waste and containers, resulting from the handling, preparation, cooking and consumption of foods.

Ashes: Residue from burned wood, coal, coke, and other combustible material.

Debris: Grass cuttings, tree trimming, stumps, street sweepings, roofing and construction wastes, and similar waste material.

Rubbish: Variety of waste materials such as metal, glass, crockery, floor sweepings, paper, wrappings, containers, cartons and similar articles not used in preparation or dispensing food. Rubbish is further subdivided into: (a) "Combustible Rubbish" which can be burned readily in an incinerator or burning pits. (b) "Noncombustible Rubbish" which cannot be burned at ordinary incinerator temperatures (800 to 1,800 degrees F).

Dumpsters: Bins or similar receptacles in which refuse has been placed.

Refuse Collection: System of transporting refuse from pickup station to points of disposal. It includes hauling garbage to the transfer station when required by the terms of a salvage contract.

Collection: Accumulated refuse from any one site at any one time, regardless of the number of cartons or bundles.

Refuse Collection Sites: Designated locations where refuse may be conveniently and efficiently assembled and stored in dumpsters or cans for collection.

SDS: Safety Data Sheets for product information on how to deal with physical properties, hazards associated with, and safe handling of products.

Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

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.

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.

Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

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.

Physical Security: Actions that prevent the loss or damage of Government property.

Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1. ACRONYMS:

ACOR Alternate Contracting Officer's Representative 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 COTR Contracting Officer's Technical 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 TE Technical Exhibit

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. Government will furnish 32 gallon metal waste cans with lids for the collection of refuse to be placed in designated collection areas or replaced by the contractor as needed.

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. The Contractor shall provide all materials required to fulfill the requirements of these specifications and shall be used in a safe and operable condition or manner and shall meet all requirements set by federal, state, county, local or manufacturer’s requirements

4.3 Equipment. The contractor shall provide all equipment used to fulfill the requirements of these specifications and shall be sued in a safe and operable condition or manner and shall meet all requirements set by federal, state, county, local or manufacturer’s requirements

4.3.1 Vehicles: Vehicles and appurtenances shall be neat in appearance, uniformly painted and will be kept clean and odor free. No fenders, doors, bumpers, grills, etc., shall be missing.

4.3.1.1 Vehicle Operations: Emergency flashers shall be used during refuse collection operations. When stopped, the vehicle shall be pulled to the side of the road to allow other traffic to go by or pass in a safe and reasonable manner. Vehicles shall not be driven off roadways for the purpose of collection of refuse and litter. The roadways are asphalt or compacted gravel and shoulders at times may be made soft from precipitation. Walking will be required.

4.3.1.2 Vehicle Capability: The vehicle shall be classified as a truck with the capability of mechanically lifting and emptying dumpsters or waste cans. The haul compartment shall be designed to prevent spillage and will not allow the leakage of liquid from compactor onto the ground in areas where trash is being picked up.

The refuse-hauling compartment will be regularly cleaned utilizing an approved cleaning agent/deodorant.

This requirement will be carried out off project lands, preferably at the disposal site, and inspected on a regular basis as the contract progresses.

4.3.2 Amount of Equipment: The contractor shall be responsible to maintain and provide adequate amount of equipment to meet the requirements of these specifications. A description of all equipment and supplies will be provided along with the documents required for bidding purposes. (See Exhibit A)

4.3.3 Dumpsters and 60 gallon receptacles: It shall be the contractor's responsibility to furnish, as a minimum, the specified number of 2 cubic yard dumpsters and 60 gallon receptacles as listed on the area inventory. If additional dumpsters or 60 gallon receptacles are placed at the option of the contractor, it will be at no additional cost to the Government. Dumpsters and 60 gallon receptacles must be of sound structure, remain closed and stand firm and in an upright position despite windy weather. Each dumpster shall be kept clean and odor free, based on the discretion of the COR. They also will not have sharp edges or broken lids or wheels. They will have a clean, well- maintained appearance on the outside. Dumpsters determined to be in need of cleaning or deodorizing either by the COR or by the contractor shall be removed from the site and replaced immediately with an acceptable dumpster.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide services for refuse collection.

5.1.1 Refuse Collection Schedule: Refuse collection shall be performed in accordance with the schedule for service to be submitted by the contractor, and shall normally be accomplished between 7:00 a.m. and 4:30 p.m. Refuse collection shall not start before 8:00 a.m. in the Left Tailrace and camping areas.

5.1.2 Method of Collection: Refuse collection shall be thorough and complete. Loss or spilling during the course of handling shall be avoided. The contractor shall clean up all spillage immediately. Burning of refuse is not permitted. Refuse collection includes the emptying of all dumpsters and/ or waste cans. The collection of all items left adjacent to dumpsters and waste cans which is obviously intended for disposal. The pick-up or policing of an area 15 foot in radius around the waste containers. Refuse from dumpsters or waste cans that has been scattered because of high winds or by animals shall also be collected. After emptying the dumpster, each time, the lids are to be closed (without slamming) prior to the contractor's departure. Waste cans shall be returned to their original positions with lids on and new plastic liners in place after emptying.

5.1.3 Pest Control: An approved insecticide will be applied in and around each refuse container weekly and as needed between weekly applications. Do not apply to the exterior of the container where casual human contact may be incurred and could possibly result in an adverse reaction.

5.1.4 Cleaning of Waste Containers: Refuse containers shall be cleaned and deodorized with an approved cleanser and deodorizer whenever objectionable odors develop. Containers having organic remains such as fish, meat, vegetable matter, etc. shall be cleaned if maggots or objectionable odors are found or within 24 hours verbal notification of the COR. Refuse dumpster containers shall have a deodorizer applied once per week May-September. Dumpsters must be cleaned as needed to maintain a clean, well-maintained appearance.

5.1.5 Removal and disposal: The contractor shall remove and dispose of all refuse collected. Disposal shall be off Government property. It shall be the contractor's responsibility to obtain and pay fees for use of an approved disposal site that meets all county, state and federal requirements.

5.2 General safety requirements: The Contractor shall take steps to protect his/her employees and members of the public from accidental injury and minimize the potential for damage of property. These measures will include but not be limited to:

a. Burning. No burning will be allowed on Government property without written permission from the COR.

b. Qualifications of Employees. All persons employed by the Contractor shall be physically qualified for performing the duties to which they are assigned. Operators of equipment shall be 18 years of age, except those 16 years old and older which may operate equipment when permitted by the Child Labor Laws of the Fair Labor Standard Act administered by the U.S.

Department of Labor.

c. Seatbelts and Rollover Protection Structures (ROPS). ROPS shall be installed in crawler and rubber-tired tractors such as dozers, mowers, motor graders, water tank trucks having a tank height less than the cab, and other self-propelled equipment such as front-end loaders. ROPS are not required on trucks designed exclusively for hauling on public highways and self- propelled rubber-tired lawn and garden tractors under 20 drawbar horsepower.

1. ROPS shall be installed in accordance with the manufacturer or designer’s recommendations. When requested by the COR, the contractor shall furnish certification from the manufacturer or a Registered Professional Engineer that the ROPS complies with the applicable society of Automotive Engineers (SAE) Standards for rollover protective structures or other standards providing equivalent protection.

2. Field welding on ROPS shall be performed by welders who are certified as being qualified in accordance with the American Welding Society Standards D1.1; the Military Standard MIL-STD 248; or equivalent.

3. Two-piece seatbelts and anchorages shall comply with applicable Federal

Specifications, Department of Transportation, or SAE Recommended Standard.

d. Reverse Signal Alarm. All self-propelled equipment and vehicles except light service trucks, panels, pickups, and station wagons shall be equipped with a reverse signal alarm. Alarm shall be audible and sufficiently distinct to be heard under prevailing conditions. Alarm may be continuous or intermittent (not to exceed 3-second intervals) and shall operate during the entire backward movement.

e. Equipment on vehicles shall be kept in a good state of repair. Any machine equipment found to be unsafe will not be used until unsafe conditions have been corrected. It shall not be operated in a manner that would endanger persons or property. Slow moving vehicles shall be equipped with the standard slow moving emblems or emergency flashers.

f. Riding on Vehicles. No person shall be permitted to ride with arms or legs outside truck body, in a standing position on the body, or on running boards or seated on side fenders, cabs, cab shields, rear of truck or on the load. Refuse collection personnel may be permitted to ride on the outside of refuse trucks at low speed between pickup points provided the truck is equipped with proper platforms and grab bars designed for riders and a rider/driver signal system.

g. Safe Operation. Machinery or equipment shall not be operated in a manner that will endanger persons or property, nor shall the safe operating speeds or loads be exceeded.

h. Traffic. All repairs on machinery or equipment shall be made at a location which will provide protection from traffic for repairman.

i. Repair of Equipment. All machinery and equipment shall be shut down and positive means taken to prevent its operation while repairs, fueling or lubrications are being accomplished. All attachments shall be lowered to the ground or blocked while work is being accomplished.

j. Lights. All mobile equipment shall have adequate headlights and taillights when operating in hours of darkness. Slow moving vehicles shall be equipped with the standard slow moving vehicle emblem.

k. Parking. No vehicle shall be stopped, parked or left standing on any road, or adjacent thereto, in such a manner as to endanger other vehicles using such road.

W9128F22Q0026

l. Securing Against Movement. No vehicle or equipment shall be left unattended until after the motor has been shut off, the key removed, parking brake securely set, and gear engaged in low, reverse or park. Equipment shall be locked or secured to prevent starting by unauthorized persons. If stopped on a hill or grade, front wheels securely locked.

m. Guarding. All belts, gears, shafts, pulleys, sprockets, spindles, drums, flywheels, chains or other reciprocating, rotating or moving parts of equipment shall be guarded, as such parts are exposed to contact by persons or otherwise create a hazard.

n. Hot Surfaces. All hot surfaces of equipment, including exhaust pipes or other lines, shall be guarded or insulated to prevent injury and fire.

o. Fuel Tanks. Fuel tanks shall be located in a manner which will minimize the danger of overflows onto engine, exhaust or electrical equipment.

p. Flammable Liquids. Handling of all flammable liquids by hand containers shall be in approved type safety containers with flame arrester.

q. Hazardous Materials. Employees using toxic or hazardous materials shall be provided the protective equipment and clothing recommended by the manufacturer of the product.

r. Medical care provisions shall be made to provide for necessary first aid and emergency medical care.

s. All emergency vehicles and trailers will meet all State and Federal Laws for licensing and proper operation and equipment.

5.3 Inclement weather conditions: Such as, but not limited to, construction, flooding, inclement weather, or road inaccessibility, for example, may cancel all or any part of the required pickups for an undeterminable amount of time. In the event that inclement weather causes non-performance of the required services, the contractor shall immediately notify the COR. The contractor shall only bill the Government for service actually performed.

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

Standard Performance Threshold Method of Surveillance

PRS # 1.

The contractor shall provide refuse collection per PWS

The contractor provides refuse collection services for the designated areas on the specified daily schedule

One missed scheduled pickup per month

Periodic surveillance;

validated customer complaint

7.0 Attachments

7.1 Schedule for Refuse Collection

7.2 Deliverables Schedule

Deliverable Frequency Medium/Format Submit To Safety Data Sheets

(SDS)

within 30 days of contract award and as required paper (hard copy) US Army Corps of Engineers – Big Bend Project, Attn: COR, 33572 North Shore Road, Chamberlain, SD 57325

Equipment Lists Same as above. Same as above. Same as above.

Monthly Pay Invoices

Monthly Same as above. Same as above.

Monthly Time Sheet for Contractor Hours of Safety Exposure

Monthly Same as above. Same as above.

7.3 Monthly Workload/Payment Schedule/Workload

The contractor shall submit an invoice monthly for payment and shall only include actual services rendered for that particular month. Each invoice shall be itemized and include the contract number, date, and the contractor’s name, billing address, and signature, otherwise payment will be delayed.

Payment shall be monthly for services satisfactorily completed and accepted during any calendar month upon presentation to the COR of an invoice covering services.

7.4 Monthly Invoice

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job BB Refuse Collection Base Year

FFP

Base Year: Period of Performance 01 April 2022 through 31 March 2023. Work to be performed IAW PWS dated January 2022

FOB: Destination

MILSTRIP: W59XQG20118010

PURCHASE REQUEST NUMBER: W59XQG20118010

PSC CD: S205

NET AMT

0002 1 Job BB Refuse Collection Option Year 1

FFP

Option Year 1: Period of Performance 01 April 2023 through 31 March 2024.

Work to be performed IAW PWS dated January 2022.

FOB: Destination

MILSTRIP: W59XQG20118010

0003 1 Job OPTION BB Refuse Collection Option Year 2

FFP

Option Year 2: Period of Performance 01 April 2024 through 31 March 2025.

Work to be performed IAW PWS dated January 2022.

FOB: Destination

MILSTRIP: W59XQG20118010

0004 Job OPTION BB Refuse Collection Option Year 3

FFP

Option Year 3: Period of Performance 01 April 2025 through 31 March 2026.

Work to be performed IAW PWS dated January 2022.

FOB: Destination

MILSTRIP: W59XQG20118010

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government 0002 Destination Government N/A Government 0003 Destination Government N/A Government 0004 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-MAR-2023

N/A COE BIG BEND PRJ OFC NTL RSC/CLDBK

JACKI BULTSMA

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

605-245-1807

968814

0002 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

DEC 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.242-15 Stop-Work Order AUG 1989 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item…

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