W9128F24Q0043_BB Septic Pumping.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0043 14-Mar-2024

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 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

CASEY M BARBER

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

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 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:

$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 OF49

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.

W9128F24Q0043

Section SF 1449 - CONTINUATION SHEET

PRICE SCHEDULE

Offeror shall complete the Price Schedule below in its entirety. Any offers received with missing unit or total prices for any of the line items below may be rejected. Pricing does not need to be provided in the CLIN portion of the solicititation.

BASE YEAR 2024

CLIN 0001 Rec Area Pumpings

Pumpings

Needed Unit Price Total

0001AA 1,090 Gallon Vault Toilets 8 x =

0001AB 550 Gallon Vault Toilets 1 x =

0001AC 3,000 Gallon Fish Cleaning

Station 5 x =

0001AD 500 Gallon Lift Station Tank 2 x =

0001AE 300 Gallon Wash Bay 1 x =

0001AF 2,000 Gallon Septic Tank 3 x =

0001AG 2,250 Gallon Septic Tank 2 x =

0001AH 1,000 Gallon Septic Tank 1 x =

TOTAL CLIN 0001

Option Period 1 (2025)

CLIN 0002 Rec Area Pumpings

Pumpings

Needed Unit Price Total

0002AA 1,090 Gallon Vault Toilets 8 x =

0002AB 550 Gallon Vault Toilets 1 x =

0002AC

3,000 Gallon Fish Cleaning

Station 5 x =

0002AD 500 Gallon Lift Station Tank 2 x =

0002AE 300 Gallon Wash Bay 1 x =

0002AF 2,000 Gallon Septic Tank 3 x =

0002AG 2,250 Gallon Septic Tank 2 x =

0002AH 1,000 Gallon Septic Tank 1 x =

TOTAL CLIN 0002

Option Period 2 (2026)

CLIN 0003 Rec Area Pumpings

Pumpings Needed Unit Price Total

0003AA 1,090 Gallon Vault Toilets 8 x =

0003AB 550 Gallon Vault Toilets 1 x =

0003AC 3,000 Gallon Fish Cleaning

Station 5 x =

0003AD 500 Gallon Lift Station Tank 2 x =

0003AE 300 Gallon Wash Bay 1 x =

0003AF 2,000 Gallon Septic Tank 3 x =

0003AG 2,250 Gallon Septic Tank 2 x =

0003AH 1,000 Gallon Septic Tank 1 x =

TOTAL CLIN 0003

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

VAULT TOILET, FISH CLEANING STATION & SEPTIC TANK PUMPING SERVICES

BUFFALO & LYMAN COUNTIES, SOUTH DAKOTA

US ARMY CORPS OF ENGINEERS

BIG BEND PROJECT

33573 NORTH SHORE ROAD

FORT THOMPSON, SD 57325

1.0 General Information.

1.1 Background. The Big Bend Project receives thousands of visitors yearly who utilize the many recreation features the project has to offer. There are several vault toilets, fish cleaning stations and various septic tanks that are used on a daily basis. The government has the need to have those tanks pumped clean to provide a safe and healthy recreation experience to the public.

1.2 Scope of Work. This is a non-personal services contract to provide pumping services at Big Bend Project in Fort

Thompson, South Dakota. Services include all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform septic pumping services as defined in this Performance Work Statement except for those items specified as government furnished property and services. 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 two (2) optional periods. The Period of Performance reads as follows:

Base Year: 13 May 2024 through 12 May 2025

Active period of performance: 13 May 2024 through 15 October 2024

Inactive period of performance: 16 October 2024 through 12 May 2025

Option Year 1: 13 May 2025 through 12 May 2026

Active period of performance: 13 May 2025 through 15 October 2025

Inactive period of performance: 16 October 2025 through 12 May 2026

Option Year 2: 13 May 2026 through 12 May 2027

Active period of performance: 13 May 2026 through 15 October 2026

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

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in

Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll. All Contractor personnel shall be fully clothed at all times while performing the services of this contract.

"Fully Clothed" is deemed to mean that a shirt (or T-shirt), trousers, and 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 visitors will constitute contract non-compliance and may result in termination.

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) to ensure that the

Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality

Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

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

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

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services.

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

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

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

6:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the

Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the

COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard

Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the

COR for review and approval:

a. Activity Hazard Analysis (AHA)

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract

d. Proof of Insurance for Contractors

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);

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

1.10.1 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. N/A

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

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28 http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48:2.0.1.1.1.2.1.28

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.

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

Performance Work Statement.

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

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

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

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. The Government will provide water to be used for cleaning of vaults and facilities. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

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

4.2 Materials. N/A

4.3 Equipment. The minimum equipment requirement specifications for this contract are that the pumping truck must have a capacity of at least 1090 gallons and a 230 cubic foot per minute at 15-inch vacuum and a minimum of

18 horsepower. The Contractor’s equipment shall comply with applicable state laws. Mechanical failure or other similar reasons will not excuse failure to adhere to any pumping schedule.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide services to pump, remove trash, disinfect and deodorize vault toilets, septic tanks, fish grinder vaults, and other vaults on certain Big Bend Project lands in South Dakota and in accordance with the attached specifications and drawings:

5.2 Pumping of Facilities

5.2.1 All pumping of vault toilets, septic tanks, 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 No covers or hatches are to be left unattended in a way as to create a hazard to the public.

5.2.4 After each vault is pumped and cleaned, the Contractor will thoroughly wash the interior of the vault with a disinfectant and then add a decomposing and deodorizing agent to the vault. The only exception to this procedure is that after pumping the fish grinder vault, they will be thoroughly washed with a disinfectant and then have a deodorizer added.

5.3. Pumping Schedule. Required pumpings will be scheduled so that pumping of multiple vaults can be completed in the same day in order to reduce travel costs to the contractor. Pumpings will be in accordance to the following schedule and as agreed in the pre work meeting:

5.3.1 The pumping of vault toilets will be performed once annually during the month of October and as agreed in the pre work meeting.

5.3.2 The pumping of the fish cleaning station will be performed on a monthly basis May-October and as agreed in the pre work meeting.

5.3.3 The pumping of the lift station will be performed once annually, during the month of June and as agreed in the pre work meeting.

5.3.4 The pumping of the wash bays will be performed once annually during the month of October and as agreed in the pre work meeting.

5.3.5 The pumping of the septic tanks will be performed once annually, once during the month of October and as agreed in the pre work meeting.

5.4 Disposal of Waste Material

5.4.1 The Contractor will be allowed to deposit all sludge and waste materials from vault tanks, septic tanks and lift station, (not including garbage) in disposal areas on Corps properties designated by the POC. All sludge and liquid waste materials from vault tanks, septic tanks and lift station pumping can be deposited into the sewage lagoon located at the Left Tailrace. All garbage pulled from the vaults may be placed in a garbage sack and deposited into any of the dumpsters located at Corps managed boat ramps around the Project. All waste materials from the fish cleaning station will be disposed of on project at an area identified by the Corps of Engineers. The Contractor must make all necessary arrangements with the POC prior to any dumping of waste materials on Project lands.

5.4.2 The transportation and disposal of all sludge and waste materials must be conducted in such a manner as to comply with all the rules and regulations of the State Department of Public Health and State Department of

Environmental Protection, as well as all other state, federal, tribal and local laws and regulations.

5.4.3 Failure to comply with the above provisions may cause immediate action to be taken to terminate the contract.

Failure of the Contractor to obtain a binding agreement to last the full term of the contract may cause immediate action to be taken to terminate the contract.

5.5 Pumping quantities

5.5.1 Pumping quantities are estimated and are for bidding purposes only. It is highly recommended that all bidders make an on-site visit to the project to inspect the facilities and area prior to submittal of a bid.

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

Performance Standard Performance

Threshold

Method of

Surveillance

PRS # 1.

The Contractor shall provide evidence that this contract for septic pumping 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

7.0 Attachments

7.1 Vault Inventory, Capacities and Schedule

Pump Site 1090 gal 550 gal Other

Good Soldier 2

Right Tailrace 1 1 (C)

Left Tailrace 2 1 1 (A), 1(E)

Old Fort 1 (D)

North Shore Beach 1 (D)

North Shore Campground 1

North Shore Boat Ramp 2 1 (C)

Maintenance Compound 2 (B), 1 (D), 1 (F)

A= Fish Cleaning Station with Single 3,000 Gal Vault

B= Wash Bay with Two 300 Gal Vaults

C= Septic tank with single 2,250 Gal tank

D= Septic Tank with Single 2,000 Gal tank

E= Lift Station Tank 500 Gal

F= Septic tank with single 1,000 Gal tank

FACILITY CAPACITY QUANTITY REQUIRED PUMPING

Vault 1090 Gallon

October

Vault 550 Gallon 1 October

Fish Vault 3000 Gallon 1 May-Jun-Jul-Aug-Oct

Lift Station 500 Gallon 1 June- October

Wash Bay 300 Gallon 1 October

Septic Tank 2000 Gallon 3 October

Septic Tank 2250 Gallon 2 October

Septic Tank 1000 Gallon 1 October

DATE** FACILITY CAPACITY

May 17st Fish Vault 3000 gal

June 21th Fish Vault 3000 gal

Lift Station 500 gal

July 19rd Fish Vault 3000 gal

August 23th Fish Vault 3000 gal

October 15th

Lift Station 500 gal

Fish Vault 3000 gal

Double Vault Toilet 8- 1090 gal

Single Vault Toilet 550 gal

Wash Bay 300 gal

Septic Tank 3- 2000 gal

Septic Tank 2- 2250 gal

Septic Tank 1-1000 gal

**Specific date is to be determined by contactor and COR; specific date is negotiable, but work should take place within the same week as date shown.

7.2 Contractor Invoice

BIG BEND PROJECT

VAULT TOILET, FISH CLEANING STATION AND SEPTIC TANK PUMPING

CONTRACT # W9128F24P00XX

INVOICE

DATE_____________________

Submit to:

U.S. Army Corps of Engineers

Big Bend Project Office

ATTN: Jacki Bultsma

33573 North Shore Road

Fort Thompson, SD 57078

Or jacki.r.bultsma@usace.army.mil

CONTRACT NO:_W9128F24P00XX ________________

CONTRACTOR NAME:____________________________

SERVICES: Pump, remove trash, disinfect and deodorize vault toilets, septic tanks, fish grinder vaults, and other vaults on certain Big Bend Project lands in South Dakota and in accordance with contract specifications and drawings

Period Covered:_____________________ to ________________________

QTY Unit Price Total

0001AA 1,090 Gal Vault Toilets

0001AB 550 Gal Vault Toilets

0001AC 3,000 Gal Fish Cleaning Station

0001AD 500 Gal Lift Station Tank

0001AE 300 Gal Wash Bay

0001AF 2,000 Gal Septic Tank

0001AG 2,250 Gal Septic Tank

0001AH 1,000 Gal Septic Tank

TOTAL FOR INVOICE PERIOD

SIGNATURE: _______________________________

PRINTED NAME: ____________________________

ADDRESS: _________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Septic Pumping Base Year

FFP

Contractor shall provide services include all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform septic pumping services as defined in this

Performance Work Statement. Active period of performance: 13 May 2024 through 15 October 2024. Inactive period of performance: 16 October 2024 through 12 May 2025

FOB: Destination

PSC CD: J079

NET AMT

0002 1 Job OPTION Septic Pumping Option Year 1

FFP

Contractor shall provide services include all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform septic pumping services as defined in this

Performance Work Statement. Active period of performance: 13 May 2025 through 15 October 2025. Inactive period of performance: 16 October 2025 through 12 May 2026

0003 1 Job OPTION Septic Pumping Option Year 2

FFP

Contractor shall provide services include all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform septic pumping services as defined in this

Performance Work Statement. Active period of performance: 13 May 2026 through 15 October 2026.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 13-MAY-2024 TO

12-MAY-2025

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 13-MAY-2025 TO

12-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 13-MAY-2026 TO

15-OCT-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

NOV 2023

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

Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990

52.222-3 Convict Labor JUN 2003

52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

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

AUG 2018

52.223-20 Aerosols JUN 2016

52.223-21 Foams JUN 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.239-1 Privacy or Security Safeguards AUG 1996

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

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

Addendum; Instructions to Offerors—Commercial Items

Please provide the following information with your quote:

Company’s Name as it appears on SAM: ________________________________

Company’s Address as it appears on SAM: _________________________________

CAGE CODE: ______________________________

UEI: ___________________________________

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 Casey Barber at casey.m.barber@usace.army.mil and Nadine Catania at nadine.l.catania@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 10 page limit. The Government may not review any additional pages after 10. 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 quote;

(4) All required 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 Casey Barber at casey.m.barber@usace.army.mil and Nadine Catania at nadine.l.catania@usace.army.mil. All questions shall be submitted not later than COB on 22 March 2024, 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:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence mailto:casey.m.barber@usace.army.mil mailto:nadine.l.catania@usace.army.mil mailto:casey.m.barber@usace.army.mil mailto:nadine.l.catania@usace.army.mil

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

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

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

(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. The following factors shall be used to evaluate offers:

Factor 1 - Past Performance: The quoter shall provide two references of projects completed. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses for all references.

Factor 2 – Price: The quote shall be inclusive of all costs to perform the work specified in the PWS. The supplemental price sheet shall be filled out.

The award will be made to the quote that represents the best value to the government. Factor 1 - Past Peformance is approximately equal to Factor 2 – 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.

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-

O0008) (DEC 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117–328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-

390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and

19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation…