W9128F24Q0025.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0025 29-Jan-2024

b. TELEPHONE NUMBER

402-995-2668

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Mar 2024

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

BRIANNA BOEHNE

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

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 968812 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 GAVINS POINT PRJT OFC NTR RSC

DAVID MINES

USAED, OMAHACENWO-OD-GP-N

55245 HIGHWAY 121

CROFTON NE 68730

TEL: 402-667-2544 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

NAICS:

562991

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 OF80

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.

W9128F24Q0025

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Base Yr GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2024 through 31 March 2025.

FOB: Destination

MILSTRIP: W59XQG33400484

PSC CD: S222

NET AMT

0002 Job OPTION Option Yr 1 GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2025 through 31 March 2026.

FOB: Destination

0003 Job OPTION Option Yr 2 GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2026 through 31 March 2027.

FOB: Destination

0004 Job OPTION Option Yr 3 GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2027 through 31 March 2028.

FOB: Destination

0005 Job OPTION Option Yr 4 GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2028 through 31 March 2029.

FOB: Destination

0006 Job OPTION Option Yr 5 GP Pumping Services

FFP

Provide pumping services of vault toilets, holding tanks, lift stations, and fish cleaning stations at Gavins Point Project Recreation Areas in accordance with the Performance Work Statement from 1 April 2029 through 31 March 2030.

FOB: Destination

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 0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2024 TO

31-MAR-2025

N/A COE GAVINS POINT PRJT OFC NTR RSC

DAVID MINES

USAED, OMAHACENWO-OD-GP-N

55245 HIGHWAY 121

CROFTON NE 68730

402-667-2544 FOB: Destination

968812

0002 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2026 TO

31-MAR-2027

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2027 TO

31-MAR-2028

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2028 TO

31-MAR-2029

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2029 TO

31-MAR-2030

N/A (SAME AS PREVIOUS LOCATION)

PERFORMANCE WORK STATEMENT

Performance Work Statement Vault Toilet, Fish Cleaning Station, and Septic Services

U.S. Army Corps of Engineers, Gavins Point Project 2024-2029

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide vault toilets, holding tanks, lift stations and fish cleaning station pumping services. The Government shall not exercise any supervision or control over the service contract providers performing the service herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government. The pumping contractor shall perform sewage/liquid waste collection and removal services according to the schedule and specifications outlined in this document. The contractor shall adhere to all local, state and federal regulations. All work must be performed in accordance with specifications outlined in this contract unless authorized in advance by the Contract Officer Representative (COR).

1.1. Description of Service/Introduction: Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items and non-personal services necessary to provide septic pumping, removal, and disposal services for vault toilets, holding tanks, lift stations, and fish cleaning stations on an as-needed basis as specified in this Performance Work Statement (PWS).

1.2. Background: Pumping service are needed in order to keep Corps facilities clean, operational, and up to the standards of the Government.

1.3. Objectives: Maintain sanitary conditions on the project by pumping of various vault toilets, holding tanks, lift stations, and fish cleaning stations.

1.4. Scope of Work: Section 5 contains specific job tasks for the scope of work.

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

Period of 12 months and four (5) 12 month option periods. The Period of Performance reads as follows:

Base Period: April 1, 2024, through March 31, 2025 Option Period 1: April 1, 2025, through March 31, 2026 Option Period 2: April 1, 2026, through March 31, 2027 Option Period 3: April 1, 2027, through March 31, 2028 Option Period 4: April 1, 2028, through March 31, 2029 Option Period 5: April 1, 2029, through March 31, 2030

1.6. General Information:

1.6.1. Quality Control: The Contractor shall develop and maintain and effective quality control program to ensure septic pumping services are performed in accordance with the PWS in addition to best commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the Contractor assures that his/her work complies with requirements of the contract.

1.6.2. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Recognized Holidays: The Contractor is required not to perform work on recognized holidays that fall within the contract period, unless “Emergency Services” are required, as determined by the COR. The Government recognizes the following holidays -

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

1.6.4. Hours of Operation: The Contractor is responsible for conducting business between the hours of 8:00 A.M. through 6:00 P.M. Monday through Friday, except when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5. Place of Performance: The work to be performed under this contract will occur at the Gavins Point Project, Cedar County, Nebraska and Yankton County, South Dakota. This area is located approximately four miles west and one mile south of Yankton, South Dakota.

1.6.5.1. There are 11 vault toilets (total) located throughout the following areas;

Cottonwood Day Use, Cottonwood Campground, Training Dike Recreation Area, Nebraska Tailwaters Group Camp Area, and Nebraska Tailwaters Campground and Day Use Area. There are five (5) holding tanks (total) located throughout the following areas; Cottonwood Day Use Area, Training Dike Recreation Area, and Nebraska Tailwaters Campground. There are three (3) lift stations (total) located throughout the following areas: Gavins Point Boatyard at Lewis and Clark Marina, Cottonwood Campground, and Nebraska Tailwaters Campground. There are two (2) fish cleaning stations located in Training Dike Recreation Area and on Nebraska Highway 121 near Nebraska Tailwaters Campground. Location map is shown in Exhibit 6.

1.6.6. Type of Contract: The Government will award a firm fixed price purchase order.

1.6.7. Security Requirements. 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 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 as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes

1.6.8. Key Control: The contractor shall establish shall and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

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

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

1.6.9. Compliance with Laws and Regulations: The Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services specified herein. The Contractor must pre-screen candidates using the E-verify Program (http://www.dhs.gov/E-Verify) to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior 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 3 business days after the initial contract award.

1.6.9.1. Special Qualifications: The Contractor shall ensure that personnel involved in the control operations have the technical knowledge and ability to properly perform the required work activities.

1.6.9.2. All Contract personnel shall be fully clothed at all times while performing the services of this contract. “Fully Clothed” is deemed to mean a shirt (or T-shirt), trousers, and closed-toed shoes shall be worn at all times. All safety equipment that is needed to safely perform this pumping contract must be properly worn.

Tact, diplomacy, and courtesy shall be used at all times during contact with the public and Corps personnel. Never, under any circumstances, shall the Contractor be unpleasant or use harsh, foul, or improper language. Failure to provide this type of high quality service to all staff and visitors will constitute contract non-compliance and may result in termination.

1.6.10. Post Award Conference/Periodic Progress Meetings: The Contractor shall meet with the COR prior to commencement of work to discuss performance requirements and administration of the contract. The contractor shall submit for approval the following: a quality control plan, a safety plan, driver’s license, and certificates of insurance. The work list shall include a list of all pumping equipment, including: capacity of holding tank in truck, vacuum power and minimum horse power. Once approved, this plan shall not be changed without the approval of the COR. Also, the Contractor shall visit all work areas with the COR prior to commencement of work. This will provide an opportunity to discuss specific work areas and quality of performance issues.

1.6.11. Site Visit: It is highly recommended that the offeror make an on-site visitor to the project to inspect facilities and area prior to submittal of a quote. Annual visitation in recent years has exceeded 1.6 million visits to the lake area. A majority of this use is during the months of May through September. Vault toilets, holding tanks, lift stations and fish cleaning stations receive heavy use and require professional pumping services to meet project standards.

1.6.12. Contract Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, and specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order.

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

1.6.14. Contractor Manpower Reporting: The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for the performance of services provided under their contract for the U. S. Army Corps of Engineers via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

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

1.7. Safety:

1.7.1. The Contractor shall meet with all employees prior to commencement of this contract to full discuss the contract safety program.

1.7.2. The Contractor shall adhere to EM 385-1-1 Safety and Heath Requirements

Manual, available at the Project Office.

1.8. Unsatisfactory Performance:

1.8.1. All services performed under this contract shall be performed in a strictly first-class manner.

1.8.2. Upon receipt of notification of deficiency in service, the Contractor will immediately correct the deficiency and/or take steps to prevent recurrence of the deficiency.

1.8.3. It is the responsibility of the Contractor to ensure that all contract services are performed in accordance with these specifications.

1.8.4. The Contractor shall be notified by the COR of deficiencies in service.

1.8.5. Written notification shall be given by the COR on the pumping inspection report

Exhibit 4. The original will become a part of the Contractors file at the Project Office; a copy will be issued to the Contractor. The document will be used for random inspections during the contract period.

1.8.6. Misappropriation of Government Property. This contract shall be terminated in the event of theft of Government property, or in the event unbalanced and/or unaccountable receipts and/or funds occur as determined by the GR in accordance with the Contract Clauses.

1.9. Weapons: The Contractor shall have no weapons on his/her possession while in the contract area.

1.10. Alcohol and Drugs: The Contractor shall not be under the influence of alcohol and/or drugs while performing contract activities.

1.11. Payment Procedures: Payment will be made monthly for the work actually performed during the previous month at the applicable contract unit price upon receipt of a complete invoice. (Exhibit 3). Each invoice shall be mailed or hand delivered to the COR by the 25th of each month and shall contain the following information: Contractor's name and address exactly as it appears in Block 17a of SF Form 1449; contract number; duty days worked; unit prices and extended totals. In the event the area is closed as stated in Paragraph 1.6.4, the Government shall have the right to reduce the amount of payment in accordance with the specified unit price. Payment is generally received 4-6 weeks after submittal of invoice. ELECTRONIC DIRECT DEPOSIT of funds into the Contractor’s bank account is required under the terms of this contract.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

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

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

2.1.3 Contract Officer Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

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

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

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

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

2.1.9 Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a Prime Contractor. The

Government does not have privity of contract with the subcontractor.

2.1.12 Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 Work Week: As directed by the GR. See Section 1.6.7.2.

2.1.14 Government: The term “Government” is used to describe the Gavins Point

Project Office and the Omaha District Office of the Corps of Engineers, or other U.S. Government Office associated with the performance of this contract

2.2 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 Contract 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 GR Government Representative 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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will not provide services.

3.2. Facilities: 11 vault toilets, five (5) holding tanks, three (3) lift stations, and two

(2) fish cleaning stations. There is a sewage lagoon facility for unloading of waste.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. 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.

4.1.2. Contractor Equipment: The minimum equipment requirement specifications for this contract are that the Contractor shall provide a pumping truck with holding tank that shall have a minimum capacity of at least 1,250 gallons and a 230 cubic foot per minute at 15 inch vacuum and a minimum of 18 horse power.

Mechanical failure or other breakdowns shall not excuse the contractor from completing services under the schedule. All equipment and vehicles shall be in proper working order, be properly licensed and insured. Spillage or leaks from equipment and vehicles shall not be permitted at any time. Spillages and/or breakdown of equipment shall be immediately reported to the COR.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1 Notification of Services:

5.1.1. All pumping will be done on an on-demand basis. The POC will check facilities and determine if pumping is needed. The Contractor will be notified by phone of what facilities are in need of pumping. The Contractor has 48 hours from that time to conduct the work needed, unless it is an emergency, and then the Contractor is expected to respond as soon as possible.

5.2. Pumping of Facilities:

5.2.1. All pumping of vault toilets, holding tanks, lift stations, and fish cleaning stations is to be done with limited disturbance of the public.

5.2.2. All pumping is to be done in a manner that no spillage occurs. It is the responsibility of the Contractor to clean up any spillage that does occur.

5.2.3. All materials will be unloaded in the Corps sewage lagoons located near the

Corps Outside Maintenance facility.

5.2.4. No covers or hatches are to be left unattended in a way as to create a hazard to the public.

5.3. Pumping Quantities:

5.3.1. All pumping quantities are estimated and are for quoting purposes only. It is highly recommended that all offerors make an on-site visit to the project to inspect the facilities and area prior to submittal of a quote. Annual visitation in recent year has exceeded 1.5 million visits to the Lewis and Clark Lake area. A majority of this visitors use the areas and facilities to be serviced during the months of May through September.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. This includes the Federal Acquisition Regulation.

6.2 The Contractor shall follow all safety requirements detailed in the applicable

USACE Manual EM 385-1-1 entitled “Safety and Health Requirements Manual”, dated 15 March 2024 and available on-line at www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHMENT/TECHNICAL EXHIBIT LIST:

7.1 Technical Exhibit 1 – Performance Requirements Summary

7.2 Technical Exhibit 2 – Deliverables Schedule

7.3 Technical Exhibit 3 – Invoice

7.4 Technical Exhibit 4 – Inspection Report

7.5 Attachment 1 – Map of Pumping Locations (Uploaded separately to SAM.gov)

EXHIBIT 1

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 evidence that this contract for janitorial services has been completed to the standards outlined here in this PWS.

The Contractor must provide services to the safety standards outlined in this contract, and to the understood level of standard given by the designated POC.

No more than three customer complaints

Periodic Surveillance

EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Invoice for cleaning services shown in exhibit

Once Each month

One copy is due by the 25th of every month

Hard Copy will be provided to be filled out in Ink

Submit to the

POC

EXHIBIT 3

INVOICE

Invoice for Pumping Services

DATE:_________________

CONTRACT NO:__________________________

Submit to:

Natural Resource Manager Gavins Point Project Office P.O. Box 710 Yankton, SD 57078

Provide vault toilet, holding tank, lift station, and fish cleaning station septic pumping services for the Project.

Date Description/Location # of

Pumpings Rate/Pump Total

TOTAL $

Total labor hours for this billing period______________

Period Covered ____________through______________

SIGNATURE:

PRINT NAME:

ADDRESS:

EXHIBIT 4

INSPECTION REPORT

Service Contract Inspection

Date_____________ Time__________________

Area Inspected____________________________________

Conditions Noted During Inspection

Deficiencies and Corrective Actions Needed

Inspected By

Contractor Signature

Reviewed By

Natural Resource Manager Operations Project Manager

PRICING SCHEDULE

PRICING SCHEDULE

VAULT TOILET, HOLDING TANK, LIFT STATION, AND FISH CLEANING STATION

PUMPING CONTRACT

USACE, GAVINS POINT PROJECT

1. Pumping Services Base Period: April 1, 2024, to March 31, 2025

EACH TOTAL

A. Fish Cleaning Station Est. Pumpings 80 $ $

B. Vault Toilet Holding Tanks Est. Pumpings 30 $ $

C. Holding Tank/Lift Station Est. Pumpings 8 $ $

Base Period Total $________________

2. Pumping Services Option One: April 1, 2025, to March 31, 2026

Option Period Total $_______________

3. Pumping Services Option Two: April 1, 2026, to March 31, 2027

4. Pumping Services Option Three: April 1, 2027, to March 31, 2028

5. Pumping Services Option Four: April 1, 2028, to March 31, 2029

6. Pumping Services Option Four: April 1, 2029, to March 31, 2030

TOTAL CONTRACT PRICE = $______________________________

CONTRACTOR SIGNATURE_____________________________

DATE_________________

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Addendum; Instructions to Offerors - Commercial Items

Please provide the following information with your proposal:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

UNIQUE ENTITY ID:

CAGE CODE:

TIN:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationary, or as otherwise specified in the solicitation. Offers must be submitted electronically, unless other arrangements have been made. Send completed offers to Brianna Boehne, Contract Specialist at Brianna.Boehne@usace.army.mil. The proposal shall consist of one (1) pdf document not to exceed 25 pages. The price worksheet will not count towards the 25 page limit. The Government may not review any additional pages after 25. As a minimum, offers must include with their proposal:

(1) The solicitation number;

(2) The name, address, federal tax identification, email, and telephone number of the offeror;

(3) Names, title, email, and telephone number of persons authorize to negotiate and sign the proposal;

(4) All required technical, past performance, and price factor information stated in

FAR 52.212-2, Evaluation – Commercial Items;

(5) A statement specifying agreement will all terms, conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(6) Acknowledgement of Solicitation Amendments, if applicable; and

(7) A completed copy of the representations and certifications at FAR 52.212-3, if applicable (see FAR 52.213- 3(b) for those representations and certifications that the offeror shall complete electronically);

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

(m) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Brianna Boehne, Contract Specialist at Brianna.Boehne@usace.army.mil. All questions shall be submitted not later than seven (7) calendar days prior to the proposal due date, in order to ensure adequate time is allotted for form an appropriate response and if needed, amend the solicitation. Offerors are requested to review the solicitation in its entirety for answers to questions, prior to submitting a new question.

(n) 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:

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:

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.

(o) 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.

52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award to the successful contractor shall be based on “Best Value” rather than “Low Price”.

To be considered a complete offer, all bidders must submit the following best value criteria and cover each item indicated below upon submitting their quote in electronic format. The following factors shall be used to evaluate offers:

1. Past Peformance:

a. References: Offerors shall submit at least two (2) written professional references, including name, title, and phone number of each reference.

References should not be from any current USACE or Gavins Point Project employees. USACE employees providing technical analysis of quotes may use their personal knowledge in the evaluation process.

2. Technical:

a. Equipment: Offerors shall submit a written list of equipment including pumping trucks with tank capacity and vacuum size, horse power, and rate of vacuum in cubic feet per minute.

b. Execution: Offerors shall submit a written narrative of abilities to provide timely pumping services and ability to be available for emergency pumping.

3. Price: Offeror shall complete the Pricing Schedule in its entirety. The quote shall be inclusive of all costs that might be incurred during the performance of the contract such as, but not limited to, fuel, labor, mileage, equipment, equipment rental fees, licenses, insurance, etc. All line items, which includes all Base and Option line items, will be evaluated as a total price for this project. If an offeror does not complete all pricing items on the Pricing Schedule, the Government may determine the quote to be unacceptable.

*Past Performance and Technical when combined is more importanct than price.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

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…