W9128F24Q0068 - Vault Pumping.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F24Q0068 18-Jun-2024

b. TELEPHONE NUMBER

605-945-3401

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Jul 2024

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PREVIOUS EDITION IS NOT USABLE

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ADDENDA ARE

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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

ERIN M PATTON

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

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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

W59XQG40656239

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(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

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. 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 968816 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 OAHE PRJT OFC NTR RSC SEC

PATRICK FEIOCK

USAED, OMAHACENWO-OD-OA-N

28563 POWERHOUSE RD

PIERRE SD 57501

TEL: 605-845-2252 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

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PAGE 2 OF46

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

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37. CHECK NUMBER

FINALPARTIALCOMPLETE

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CORRECT FOR

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FINAL

33. SHIP NUMBER

PARTIAL

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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.

W9128F24Q0068

Section SF 1449 - CONTINUATION SHEET

PRICE SCHEDULE

PRICE SCHEDULE SHEET

OAHE PROJECT NORTH DAKOTA VAULT PUMPING SERVICE

***Contractors shall complete the Price Schedule below and all unit prices and total prices for the base and all option periods shall be fully filled in. Any missing unit prices or total prices may result in rejection of the quote. *** Contractor:

Address:

Base Year

Line Item Duties # of

Vaults Price Per Unit Unit Quantity Total Price

0001AA

Hazelton Boat Ramp Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

0001AB

Hazelton Camp Ground Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

0001AC

Beaver Bay Campground 1 – Near Site 16 2 – Beaver Bay Boat Ramp 1 – Near Site 38 (1250 Gallons each)

4 $ Pump 4 Pumps $

0001AD

NE Beaver Bay Day Use Area (1250 Gallons each)

2 $ Pump 2 Pumps $

0001AE

Cattail Bay Recreation Area 2 – Boat Ramp (1250 Gallons each) 2 – Campground (750 Gallons each)

4 $ Pump 4 Pumps $

Total for 2024 ND Oahe Vault Pump Service

Total Price

Option Year 1

# of

Vaults Price Per Unit Unit Quantity Total Price

1001AA

Hazelton Boat Ramp Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

1001AB

Hazelton Camp Ground Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

1001AC

Beaver Bay Campground 1 – Near Sites 7&8 1 – Near Site 16 2 – Beaver Bay Boat Ramp 1 – Near Site 38 2 - Near Sites 54-61 (1250 Gallons each)

7 $ Pump 7 Pumps $

1001AD SE Beaver Bay Day Use Area and Boat 1 $ Pump 1 Pumps $

Ramp (1250 Gallons each)

1001AE

Cattail Bay Recreation Area 2 – Boat Ramp (1250 Gallons each)

2 $ Pump 2 Pumps $

Total for 2025 ND Oahe Vault Pump

Option Year 2

# of

Vaults Price Per Unit Unit Quantity Total Price

2001AA

Hazelton Boat Ramp Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

2001AB

Hazelton Camp Ground Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

2001AC

Beaver Bay Campground 1 – Near Site 16 2 – Beaver Bay Boat Ramp 1 – Near Site 38 (1250 Gallons each)

4 $ Pump 4 Pumps $

2001AD

NE Beaver Bay Day Use Area (1250 Gallons each)

2 $ Pump 2 Pumps $

2001AE

Cattail Bay Recreation Area 2 – Boat Ramp (1250 Gallons each)

Total for 2026 ND Oahe Vault Pump

Option Year 3

# of

Vaults Price Per Unit Unit Quantity Total Price

3001AA

Hazelton Boat Ramp Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

3001AB

Hazelton Camp Ground Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

3001AC

Beaver Bay Campground 1 – Near Sites 7&8 1 – Near Site 16 2 – Beaver Bay Boat Ramp 1 – Near Site 38 2 - Near Sites 54-61 (1250 Gallons each)

7 $ Pump 7 Pumps $

3001AD

SE Beaver Bay Day Use Area and Boat Ramp (1250 Gallons each)

1 $ Pump 1 Pumps $

3001AE

Cattail Bay Recreation Area 2 – Boat Ramp (1250 Gallons each)

2 $ Pump 2 Pumps $

Total for 2027 ND Oahe Vault Pump

Option Year 4

# of

Vaults Price Per Unit Unit Quantity Total Price

4001AA

Hazelton Boat Ramp Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

4001AB

Hazelton Camp Ground Vault Toilet Tanks (1250 Gallons each)

2 $ Pump 2 Pumps $

4001AC

Beaver Bay Campground 1 – Near Site 16 2 – Beaver Bay Boat Ramp 1 – Near Site 38 (1250 Gallons each)

4 $ Pump 4 Pumps $

4001AD

NE Beaver Bay Day Use Area (1250 Gallons each)

2 $ Pump 2 Pumps $

4001AE

Cattail Bay Recreation Area 2 – Boat Ramp (1250 Gallons each)

Total for 2028 ND Oahe Vault Pump

***If there is a mathmatical error between the unit price and total price for any line item, the unit price will be used for evaluation purposes***

PERFORMANCE OF WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Oahe Project/Emmons County ND Vault Toilet Pumping Service

1.0 General Information.

1.1 Background. Corps of Engineers manages three recreation areas in Emmons County that contain 18 vault toilets. These vault toilets fill with waste and need to be pumped and the waste taken to a sanitation disposal site.

Ten vaults located in a heavy public use area may need to be pumped annually, eight others located in low use areas need pumped every other year. Sixteen of the vaults can hold up to 1250 gallons of waste when full. Two vaults hold 750 gallons of waste.

1.2 Scope of Work. This is a non-personal services contract to provide waste pumping and disposal from 18 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND. The vault toilets are located 27-63 miles south of Bismarck, ND. The vault toilets will be pumped annually, fourteen per year as shown on the map and schedule. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor. 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 period and four (4) optional periods. The vaults will be pumped in September after Labor Day of each year. The Period of Performance reads as follows:

Base: 01 September 2024 through 31 August 2025

Contractor shall complete work between 03 September 2024 through 30 September 2024

Option 1: 01 September 2025 through 31 August 2026

Contractor shall complete work between 02 September 2025 through 30 September 2025

Option 2: 01 September 2026 through 31 August 2027

Contractor shall complete work between 08 September 2026 through 30 September 2026

Option 3: 01 September 2027 through 31 August 2028 Contractor shall complete work between 07 September 2027 through 30 September 2027

Option 4: 01 September 2028 thru 30 September 2028

Contractor shall complete work between 05 September 2028 through 30 September 2028

*Note: The Contractor is not required to perform any services outside of the timeframes listed above.

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.

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. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor. The Contractor’s decision to use a subcontractor shall be approved by the Contracting Officer to ensure, the small business size standard is maintained. Contractors can submit the use of subcontractor(s) within the quote of this solicitation for review and potential approval of the Contracting Officer. Changing the subcontractor(s) after award shall be submitted to the Contracting Officer for approval.

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 ensure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

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

1.6 Quality Assurance. The government will visually inspect the vault toilets 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, [COR] will notify the contractor that they are required to re-perform specific services within 30 days.

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 can conduct business during daylight hours except 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 Contracting officer representative for review and approval:

a. Activity Hazard Analysis (AHA)

b. Abbreviated Accident Prevention Plan (APP)

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

d. Proof of Insurance for Contractors and Subcontractors

e. Disposal site letter of acceptance for length of contract

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 with all applicable regulations. Applicable regulations include, but are not limited to the following:

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

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

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

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

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

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

1.11 Physical Security

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

1.11.2 Key Control. N/A

1.12 Antiterrorism/Operation Security Requirements

1.12.1 Access and General Protection/Security Policy and Procedures. N/A

1.13 Payment

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

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

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

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

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

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

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

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

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. Map and schedule of vaults to be cleaned.

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. The contractor will provide location where the waste is disposed.

4.2 Materials. The contractor shall furnish garbage bags for trash removed from vaults.

4.3 Equipment. The Contractor shall provide the truck and all equipment required to remove all waste and trash from the vault toilets and clean up any spilled waste.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide services for removing and disposing of waste and trash from eighteen different vault toilets, fourteen per year as shown on the map and schedule provided. The contractor shall notify the COR 24 hours prior to commencing pumping.

5.2 Vault Toilet Pumping

The contractor shall remove all liquid, sludge, solids, cans, bottles, plastic bags and other foreign material from all septic tanks (i.e. pumping, back flushing and agitation). The contractor shall clean up any spilled waste. All trash removed will be bagged and disposed of in a garbage receptacle. The contractor shall transport all contents of the septic tanks off-site to an EPA approved disposal site. The contractor shall provide the COR with the disposal location.

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

Performance Objective Standard Performance Threshold Method of Surveillance

PRS # 1.

The contractor shall pump/remove all waste from the vault toilet

The contractor shall complete all vault toilet pumping in accordance with paragraphs 5.1-5.2

Vault must be completely emptied zero deviation from standard

Each vault will be visually inspected for compliance by COR

7.0 Attachments

Map of Vault toilet locations

Schedule of Vault toilets to be cleaned.

VAULT TOILET LOCATIONS

Vault Toilet Locations

VAULT TOILET PUMP SCHEDULE

Vault Toilet Location & Pumping Schedule

Hazelton Boat Ramp, 6127 HWY 1804SW, Linton, ND 58544 - 27 miles south of Bismarck 1 Male -1250 gallons (Pump annually) 1-Female- 1250 gallons (Pump annually)

Hazelton Campground, 6127 HWY 1804SW, Linton, ND 58544 - 27 south of Bismarck 1-Male-1250 gallons (Pump annually) 1-Female -1250 gallons (Pump annually)

Beaver Bay Campground, 8055 HWY 1804 SW Linton, ND - 50 miles south of Bismarck 1-Unisex- 1250 gallons, near site 7&8 (Pump every other year 2025, 2027) 1 -Unisex -1250 gallons, near site 16 (Pump annually) 1-Male -1250 gallons, near boat ramp (Pump annually) 1-Female -1250 gallons, near boat ramp (Pump annually) 1-Unisex -1250 gallons, near site 38 (Pump annually) 1-Male -1250 gallons, near sites 54-61(Pump every other year 2025, 2027) 1-Female -1250 gallons, near sites 54-61(Pump every other year 2025, 2027)

NE Beaver Bay Day Use Area 8055 HWY 1804 SW Linton -50 miles south of Bismarck 1-Male- 1250 gallon (Pump every other year 2024, 2026, 2028) 1-Female -1250 gallon (Pump every other year 2024, 2026, 2028 )

SE Beaver Day Use Area and Boat Ramp, 8055 HWY 1804 SW Linton - 50 miles south of Bismarck 1 Unisex -1250 gallon (Pump every other year 2025, 2027)

Cattail Bay Recreation Area, 1020 91st ST SW Linton, ND - 63 miles south of Bismarck 1-Male -1250 gallon near boat ramp (Pump annually) 1-Female -1250 gallon near boat ramp (Pump annually) 1-Male -750 gallon in camping area (Pump every other year 2024, 2026, 2028) 1-Female -750 gallon in camping area (Pump every other year 2024, 2026, 2028)

10- Vaults pumped annually 8 - Vaults pumped every other year

Each year pump 14 vaults

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job FY24 - ND Vault Pumping Service

FFP

The contractor shall provide all services for waste pumping and disposal from 14 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND in accordance with the Performance of Work Statement (PWS) and Vault Toilet Pump Schedule. The vault toilets are located 27-63 miles south of Bismarck, ND. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor in accordance with the PWS.

FOB: Destination

MILSTRIP: W59XQG40656239

PURCHASE REQUEST NUMBER: W59XQG40656239

PSC CD: S222

NET AMT

1001 1 Job OPTION FY25 - ND Vault Pumping Service

FFP

The contractor shall provide all services for waste pumping and disposal from 14 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND in accordance with the Performance of Work Statement (PWS) and Vault Toilet Pump Schedule. The vault toilets are located 27-63 miles south of Bismarck, ND. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor in accordance with the PWS.

FOB: Destination

MILSTRIP: W59XQG40656239

2001 1 Job OPTION FY26 - ND Vault Pumping Service

FFP

The contractor shall provide all services for waste pumping and disposal from 14 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND in accordance with the Performance of Work Statement (PWS) and Vault Toilet Pump Schedule. The vault toilets are located 27-63 miles south of Bismarck, ND. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor in accordance with the PWS.

FOB: Destination

MILSTRIP: W59XQG40656239

3001 1 Job OPTION FY27 - ND Vault Pumping Service

FFP

The contractor shall provide all services for waste pumping and disposal from 14 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND in accordance with the Performance of Work Statement (PWS) and Vault Toilet Pump Schedule. The vault toilets are located 27-63 miles south of Bismarck, ND. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor in accordance with the PWS.

FOB: Destination

MILSTRIP: W59XQG40656239

4001 1 Job OPTION OP YR4 - FY28 - ND Vault Pumping Service

FFP

The contractor shall provide all services for waste pumping and disposal from 14 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND in accordance with the Performance of Work Statement (PWS) and Vault Toilet Pump Schedule. The vault toilets are located 27-63 miles south of Bismarck, ND. All waste will be pumped, and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an EPA approved sanitation disposal site arranged by the contractor in accordance with the PWS.

FOB: Destination

MILSTRIP: W59XQG40656239

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2024 TO

31-AUG-2025

N/A COE OAHE PRJT OFC NTR RSC SEC

PATRICK FEIOCK

USAED, OMAHACENWO-OD-OA-N

28563 POWERHOUSE RD

PIERRE SD 57501

605-845-2252 FOB: Destination

968816

1001 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-SEP-2028 TO

30-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

MAY 2024

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-1 Biobased Product Certification MAY 2024 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts.

MAY 2024

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.223-10 Waste Reduction Program MAY 2024 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-2 Buy American Certificate OCT 2022 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-15 Progress Payments Not Included APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.245-9 Use And Charges APR 2012 52.253-1 Computer Generated Forms JAN 1991 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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

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

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 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 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 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 shall provide the following information as part of the offer:

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item 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)(2) 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 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)(2) of this provision.

(End of provision)

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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority…