Amended PWS March 2025.pdf

PERFORMANCE WORK STATEMENT (PWS)

GARBAGE COLLECTION CONTRACT

US Army Corps of Engineers

Fort Peck Project

Fort Peck, MT 59223

(Amended March 2025)

1.0 General Information.

This is a non-personal service contract to provide all labor, service, and equipment to pick up and remove all garbage from designated garbage dumpster locations within the Operations area and Flat Lake, Downstream, and

West End Recreation Areas of Fort Peck Project.

1.1 Background. Fort Peck Project Operations and public recreation activities generates a significant amount of trash. Therefore, it is advantageous for the government to contract the pickup, removal, and disposal of this garbage.

1.2 Scope of Work. This is a non-personal services contract to provide all labor, equipment and supervision including garbage cans with lids and garbage can holders for all sizes of cans, necessary for the performance of all operations incidental to the collection, removal, and disposal of garbage from the designated locations of Fort

Peck Project listed in Technical Exhibit 2.

1.2.1 All contracted tasks must be completed during the scheduled day and time unless otherwise specified herein or authorized by the Contracting Officer, or authorized representative. Services include Contractor will provide and place the appropriate number and size of Garbage cans with adequate containment bases to prevent tipping over;

empty garbage cans, pickup spilled garbage, and properly dispose of garbage off Government lands. The contractor shall provide safe, careful, and efficient operations of all equipment and protection of Government property. The contractor shall perform work under this PWS to ensure grounds and facilities are safe, clean, and well maintained for the creating public. 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 of 12 months and four (4)

12-month option periods. The Period of Performance reads as follows:

Base Year: 01 April 2025 through 31 March 2026

Option Year 1: 01 April 2026 through 31 March 2027

Option Year 2: 01 April 2027 through 31 March 2028

Option Year 3: 01 April 2028 through 31 March 2029

Option Year 4: 01 April 2029 through 31 March 2030

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using the contractor’s 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.

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 Technical Point of

Contact 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 the methods stated in this PWS 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 as determined by the Contracting

Officer.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the Technical Point of Contact will notify the contractor that they are required to re-perform specific services. If re-performance cannot be completed prior to the next required pick up the amount will be deducted from the contractor’s invoice.

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 as determined by the Contracting Officer.

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 6:00 AM and

4:00 PM on scheduled pick-up days 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.

1.7.1 Recognized Holidays. The contractor will not be required to work on the following recognized

Federal Holidays.

New Year’s Day Labor Day

Martin Luther King Jr. Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.7.2 Scheduled Pickups Falling on Recognized Holidays. Scheduled pickups falling on a recognized federal holiday must be completed the following work day. Any deviation from this schedule must be approved by Contracting Officer Representative (COR) or Purchasing Agent in advance.

1.7.3 Campground garbage collection. Garbage collection from the West End Campground (Line #12

Technical Exhibit 2) and the Downstream Campground (Line item # 6, Technical Exhibit 2) may not begin before 9:00 AM. While traveling within the Fort Peck Recreation Areas all posted restrictions must be followed.

1.7.4. Swim Beach Area Season: the 1st, 2nd and 3rd Dredge cuts Beaches are open seasonally. The garbage cans in these areas will be emptied starting the third Monday in May in 2025, 2026 and 2029, and the fourth Monday in May in 2027, 2028. Garbage collection in these recreation areas will end the last

Monday in September in 2025 and 2026, and the last Thursday in September in 2027, 2028 and 2029.

1.7.5. Holiday and Extra Pickups. On Saturday and Sunday mornings between 9:00 AM and 12:00 noon during the Governor’s Cup Walleye Tournament, Memorial Day weekend, July 4th weekend and Labor Day weekend all garbage cans in Line Items Number 3-12 of Technical Exhibit 2 will be emptied. Any deviation from this schedule must be approved by (COR) in advance.

1.7.6. Operational Areas Schedule. The administration Building, Powerhouses and Interpretive Center cans are emptied year-round. From November through April the cans are emptied once per week on

Mondays. From May through October the cans are emptied twice per week on Monday’s and Thursdays with the exceptions outlined is 1.7.1 and 1.7.2. Any deviation will require prior approval from COR.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting via conference call with the COR. The Meeting shall discuss the work requirements, scheduling, and submittal process.

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 including copies of driver’s licenses for operators

d. Work schedule to include final list of equipment, personnel requirements, area collection sequence, and approximate time schedules

e. Proof of Insurance for Contractors and Subcontractors

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);

d. State of Montana Public Service Commission Certification: https://psc.mt.gov/ 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 https://psc.mt.gov/

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. NA

1.12 Antiterrorism/Operation Security Requirements

1.12.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of

Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection

Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and

Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.12.2 Antiterrorism (AT) Level I Training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.12.3 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location.

Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency

Services/Security Office using the National Crime Information Center-Interstate Identification Index

(commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as

“TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.12.4 Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.12.5 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United

States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment

Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.13 Payment

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

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February

23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth

(5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

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

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

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

http://www.e-verify.gov/)

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 The Government will provide access within the restricted fenced area of the Fort Peck Powerhouses.

Contractor will be required to contract shift operator via telephone at the controlled access gate and request entry/exit when emptying garbage cans within the fenced compound.

3.2 Facilities. The Government will provide a designated location hear the Project Maintenance facility for storing garbage cans and bases following recreation area closure or end of scheduled pick up dates. At the end of the scheduled pickups for the year, all garbage cans in recreation areas will be removed from pickup areas and hauled to the designated storage area near the maintenance facility with the exception of the garbage cans at the West End

Campground and Downstream Campground.

3.3 Utilities. NA

3.4 Equipment. NA

3.5 Materials. NA

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, materials, equipment, tools, labor, supervision, facilities and services required to perform work under this contract that are not listed under Section 5 of this PWS.

4.2 Materials. NA

4.3 Equipment. Equipment. The Contractor shall furnish all equipment, including garbage cans with lids and garbage can holders for each size of can, necessary for the performance of all operations incidental to the collection, removal, and disposal of garbage from the locations of Fort Peck Project listed in Technical Exhibit 2.

4.3.1 The Contracting Officer Representative (COR) or Purchasing Agent reserves the right to inspect any and all equipment at any time it is operated on Government Property. Any equipment found to be unsafe will be removed from operation until it is repaired and reinspected by the Contracting Officer

Representative (COR) or Purchasing Agent.

4.3.2 All equipment used to perform work under this PWS must be in good operating and mechanical condition. All equipment will be equipped with the manufacture’s recommended safety protective devices to ensure worker and public safety at all times. The contractor will provide his/her employees proper

Personal Protective Equipment (PPE) and operators must comply with the US Army Corps of Engineer

Safety and Health Requirements Manual, EM 385-1-1.

4.3.3 Equipment List. A list of all equipment proposed for use in garbage collection and disposal shall be submitted at the Post Award Conference.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall supply and service the correct number and appropriately sized garbage

Receptacles (Large – 300 Gallons/Small – 96 Gallons) at the locations identified in Technical Exhibit 3 Exhibit 2.

The Contractor-furnished receptacles shall be maintained in an operationally safe, serviceable condition at all times.

The contractor shall dump garbage receptacles, remove garbage from Government land, and properly dispose of collected garbage at an approved landfill site per the required schedule identified in Technical Exhibit 2.

5.2 Garbage Removal: The removal of garbage shall be thorough and completed to extend that none is lost or spilled during the course of handling or by the vehicle while travelling the route. Any spillage from the transport vehicle or garbage cans toppled by wind shall be cleaned up immediately by the Contractor. If using a

“compression” style truck, any glass, liquids, or debris that leaks out of the truck during the compression maneuver will be cleaned up immediately. If residue is found on the pavement after the garbage truck has dumped all the garbage cans, the contractor will be called back to address clean up at no additional cost to the government.

5.3 Policing Garbage Can Locations: The Contractor shall police an area within the 20-foot radius of all designated garbage can locations to pick up all garbage, litter or debris.

5.4 Relocating Garbage cans: If the garbage can(s) have been moved away from the designated pickup point, the contractor is responsible for moving the can(s) back to the original location.

5.5 Securing Garbage cans: Contractor is responsible to provide all means and methods to secure garbage cans at designated locations per Technical Exhibit 2.

5.6 Garbage disposal off government Land: The Contractor shall dispose all garbage off Government land at an approved State of Montana landfill pursuant to Section 75-10-221, Montana Code annotated (MCA). The

Contractor will not be responsible for payment of any/all fees associated with garbage hauling and disposal assessed by State, County, or city governments.

5.7 Garbage can Storage: As soon as scheduled pickup end within a designated area for the season, all garbage can (except those in the West End Campground and Downstream Campground) will be removed from pickup locations and hauled to the designated garbage can storage area near the Fort Peck Project maintenance shop. All cans must be placed in storage no later Veterans Day and returned to their pickup locations by May 1. Garbage cans not moved into storage will require the Contractor to empty these cans at no cost to the government.

5.8 Monthly submittals: Contractor shall submit timely invoices for previous months work at the beginning of each month. Invoices shall be for actual costs accrued and must include contractor’s name and complete address, contract number, and an original signature and date.

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 remove all contents of the garbage receptacles and all trash, paper, bottles, cans and other debris on the ground within a twenty-foot radius of each receptacle picked up. As

The contractor shall empty all contents of each receptacle at designated date/times and remove all debris within 20 feet of each receptacle

No more than once per contract year

Periodic surveillance or validated customer complaint.

described in 5.2 and 5.3 and technical exhibit 2

PRS # 2

Garbage disposal off of

Government lands as described in 5.6

Contractor shall dispose of garbage in an approved

State of Montana Landfill

Zero Periodic surveillance or validated customer complaint

PRS # 3

The Contractor shall relocate receptacles that have been moved and secure receptacles as described in 5.4 and 5.5

The contractor will move any receptacles that have been moved away from their designated locations and ensure the receptacle is secured to ensure the correct number and appropriately sized cans are located at each designated location.

No more than once per contract year

Periodic surveillance or validated customer complaint

7.0 Attachments

7.1 Technical Exhibit 1 – Deliverables Schedule

Deliverable Frequency Number of copies Medium/format Submit to:

Proposed list of equipment

Post award conference

One copy Paper or electronic COR

Work schedule to include final list of equipment, personnel requirements, collection sequence and approximate time schedule

At post award conference and as needed thereafter

One copy Paper or electronic COR

Proof of insurance and driver’s licenses for operators

Post award conference and as needed upon changes to insurance and operators

One copy Paper or electronic COR

Monthly invoice Monthly upon completion of required/scheduled pickups

One copy Paper or electronic COR or

Purchasing

Agent

7.2 Technical Exhibit 2 – Monthly Schedule – See Schedule Pickup in the attachment section of the solicitation.