A21-SOL_W91QVN-18-R-0009.doc

Section SF 1449 - CONTINUATION SHEET

PICKUP AND DISPOSAL OF GREASE

FFP

The Contractor shall provide pick-up and disposal of grease from grease traps listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019) (Firm-Fixed-Price CLIN)

FOB: Destination

PURCHASE REQUEST NUMBER: 0011066015

NET AMT

REMOVAL OF SLUDGE WASTE FROM SEPTIC TANK

Removal of accumulated sludge waste and other contaminated deposits from septic tanks listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019) (Firm-Fixed-Price CLIN)

NET AMT

REMOVAL OF SAND/SOIL/SLUDGE

Removal of Sand/Soil/Sludge from Sewage Pumping Lift Station listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019) (Firm-Fixed-Price CLIN)

NET AMT

REMOVAL/DISPOSAL OF MIXED HUMANWASTE

Removal/Disposal of deposition mixed with human waste from screen bar lift station listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019) (Firm-Fixed-Price CLIN)

NET AMT

REMOVAL OF SLUDGE/RESIDUE

Removal of sludge and residue with waste from screen bar lift station listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019)(Requirements CLIN)

ESTIMATED

NET AMT

TRANSFER WASTE WATER FROM LIFTSTATION

Transfer Waste water from Lift Station (or Manhole) to designated point listed in ATTACHMENT #1 (Base Year: 1 April 2018 thru 31 March 2019) (Requirements CLIN)

ESTIMATED

CONTRACTOR MANPOWER REPORT (CMR)

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.6 of PWS for CMR requirements (Base Year: 1 April 2018 thru 31 March 2019)

NET AMT

ESTIMATED COST FOR WAR HAZARD

Estimated cost for war hazard losses is zero (0) (Base Year: 1 April 2018 thru 31 March 2019)

NET AMT

FFP

The Contractor shall provide pick-up and disposal of grease from grease traps listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020 (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of accumulated sludge waste and other contaminated deposits from septic tanks listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of Sand/Soil/Sludge from Sewage Pumping Lift Station listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal/Disposal of deposition mixed with human waste from screen bar lift station listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of sludge and residue with waste from screen bar lift station listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020)(Requirements CLIN)

ESTIMATED

FFP

Transfer Waste water from Lift Station (or Manhole) to designated point listed in ATTACHMENT #1 (1st Option Year: 1 April 2019 thru 31 March 2020) (Requirements CLIN)

ESTIMATED

FFP

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.6 of PWS for CMR requirements (1st Option Year: 1 April 2019 thru 31 March 2020)

NET AMT

FFP

Estimated cost for war hazard losses is zero (0) (1st Option Year: 1 April 2019 thru 31 March 2020)

NET AMT

FFP

The Contractor shall provide pick-up and disposal of grease from grease traps listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of accumulated sludge waste and other contaminated deposits from septic tanks listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of Sand/Soil/Sludge from Sewage Pumping Lift Station listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal/Disposal of deposition mixed with human waste from screen bar lift station listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of sludge and residue with waste from screen bar lift station listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Requirements CLIN)

ESTIMATED

FFP

Transfer Waste water from Lift Station (or Manhole) to designated point listed in ATTACHMENT #1 (2nd Option Year: 1 April 2020 thru 31 March 2021) (Requirements CLIN)

ESTIMATED

FFP

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.6 of PWS for CMR requirements (2nd Option Year: 1 April 2020 thru 31 March 2021)

NET AMT

FFP

Estimated cost for war hazard losses is zero (0) (2nd Option Year: 1 April 2020 thru 31 March 2021)

NET AMT

FFP

The Contractor shall provide pick-up and disposal of grease from grease traps listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of accumulated sludge waste and other contaminated deposits from septic tanks listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of Sand/Soil/Sludge from Sewage Pumping Lift Station listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal/Disposal of deposition mixed with human waste from screen bar lift station listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of sludge and residue with waste from screen bar lift station listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Requirements CLIN)

ESTIMATED

FFP

Transfer Waste water from Lift Station (or Manhole) to designated point listed in ATTACHMENT #1 (3rd Option Year: 1 April 2021 thru 31 March 2022) (Requirements CLIN)

ESTIMATED

FFP

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.6 of PWS for CMR requirements (3rd Option Year: 1 April 2021 thru 31 March 2022)

NET AMT

FFP

Estimated cost for war hazard losses is zero (0) (3rd Option Year: 1 April 2021 thru 31 March 2022)

NET AMT

FFP

The Contractor shall provide pick-up and disposal of grease from grease traps listed in ATTACHMENT #1 (4th Option Year: 1 April 2021 thru 31 March 2023) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of accumulated sludge waste and other contaminated deposits from septic tanks listed in ATTACHMENT #1 (4th Option Year: 1 April 2021 thru 31 March 2023) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of Sand/Soil/Sludge from Sewage Pumping Lift Station listed in ATTACHMENT #1 (4th Option Year: 1 April 2021 thru 31 March 2023) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal/Disposal of deposition mixed with human waste from screen bar lift station listed in ATTACHMENT #1 (4th Option Year: 1 April 2021 thru 31 March 2023) (Firm-Fixed-Price CLIN)

NET AMT

FFP

Removal of sludge and residue with waste from screen bar lift station listed in ATTACHMENT #1 (4th Option Year: 1 April 2021 thru 31 March 2023) (Requirements CLIN)

ESTIMATED

FFP

Transfer Waste water from Lift Station (or Manhole) to designated point listed in ATTACHMENT #1 (4th Option Year: 1 April 2022 thru 31 March 2023) (Requirement)

NET AMT

FFP

CMR requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.6 of PWS for CMR requirements (4th Option Year: 1 April 2022 thru 31 March 2023)

NET AMT

FFP

Estimated cost for war hazard losses is zero (0)

NET AMT

REQUIREMENTS BEING SOLICITED FROM LOCAL SOURCES

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer. All offeror(s) interested in competing for this local requirement are required to submit their price proposal, as applicable, in Korean won only. A proposal submitted in currency other than Korean won will not be considered for award.

PERFORMANCE WORK STATEMENT (PWS)

REMOVAL AND DISPOSAL OF SLUDGE AND WASTE FROM WASTER WATER FACILITIES

AREA III

Part 1- General Information

1. General: This is a non-personal services contract to provide removal and disposal of sludge and waste from waste water facilities in Area III. The Government will not exercise any supervision or control over the contract service providers performing the services herein.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide removal and disposal of sludge and waste from waste water facilities in Area III as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services. The Contractor shall perform to the standards of this PWS.

1.2. BACKGROUND: USAG Humphreys is facing a multi-billion dollar transformation program that will add 400 plus new facilities to the inventory. This brings a major challenge that other garrisons are not having to deal with. DPW plan is to keep and improve the sustainability of the existing facilities as well as the ones of the transformation infrastructure.

1.3. OBJECTIVES: The objective of this contract is to remove and dispose sludge and waste from the waste water facilities in Area III. Without this service, the waste and sludge can enter the storm water system and/or ground water aquifers and cause adverse Life, Health and Safety concerns.

1.4. SCOPE: The Contractor shall provide all labor, supervision, tools, equipment, materials, transportation, and any other resources necessary to pick up, remove and dispose of sludge/wastes from grease traps, septic tanks, sewage lift stations and waste water treatment plant in accordance with PWS hereinafter as well as U.S and ROK Environmental Laws and Regulations. During the life of the contract, facilities may be added/deleted due to new facilities being built and old facilities being demolished. This will affect the overall quantity for performance. The contract will be adjusted accordingly for any increase or decrease to quantity through written bilateral modification.

1.5. PERIOD OF PERFORMANCE (POP): The period of performance shall be for one (1) Base Year of 12 months and four (4) 12 months option years. The Period of Performance reads as follows:

Base Year 1 April 2018 thru 31 March 2019

1st Option Year 1 April 2019 thru 31 March 2020

2nd Option Year 1 April 2020 thru 31 March 2021

3rd Option Year 1 April 2021 thru 31 March 2022

4th Option Year 1 April 2022 thru 31 March 2023

1.6. GENERAL INFORMATION:

1.6.1. ROK Legal Holidays are as follows:

1 and 2 January (New Year)

Lunar New Year (On the Lunar Calendar)

1 March (Independence Movement Day) 1 May (Labor Day) 5 May (Children's Day) Buddha's Birthday (On Lunar calendar) 6 June (Memorial Day)

15 August (Liberation Day) Chu-Sok (On the Lunar Calendar)

3 October (National Foundation Day)

25 December (Christmas Day)

1.6.2. Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0800 hours thru 1700 hours, Monday thru Friday except ROK Legal 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 at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.3. Place of Performance: The work to be performed under this contract will be performed at the facilities, Camp Humphreys.

1.6.4. Quality Control Plan (QCP): The Contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP shall be forwarded to the Contracting Officer Representative (COR) for initial verification and accepted by the Contracting Officer. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. An electronic copy of a comprehensive written QCP shall be submitted thru the COR to the KO within 14 days after contract award.

1.6.4.1. The QCP shall include but is not limited to the following:

1.6.4.1.1. Inspection System: The Contractor shall maintain an inspection system that cover all tasks in the contract. The quality control plan shall specify areas to be inspected by the trained and qualified person(s) and shall address procedures to identify and prevent defective services from re-occurring.

1.6.4.1.2. Method of Identification of Deficiencies: A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable. The Contractor immediately shall correct all deficiencies, whether reported by the Government or discovered by the Contractor, and perform tasks to meet the standards of this contract.

1.6.4.1.3. Quality Control Inspection File: The Contractor shall maintain a centralized file of all inspections was conducted by the Contractor and the actions taken to correct deficiencies. This documentation shall be made available to the Government throughout the term of the contract.

The Contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement. The Contractor shall address all tasks in the PWS based on the example below:

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

1.6.6. Type of Contract: The Government will award Requirements with Firm-Fixed-Price CLINs Contract.

1.6.7. Safety Requirement: The general safety requirement of EM 385-1-1 with applicable attachments, figures, and tables shall be complied with in all Contractor activities pertaining to this contract.

1.6.7.1. The Contractor is responsible for ensure that all work performed under this contract is accomplished in a safe and proper manner as defined in the PWS.

1.6.7.2. All Contractor employees shall be instructed on accidence prevention and safety. Special emphasis shall be placed on the safe operation of equipment. Training shall be conducted for all employees by the Contractor on appropriate safety measures and on the employee’s obligation to obey all existing installation safety regulations.

1.6.7.3. The safety plan shall explain procedures to ensure all employees familiarize themselves with the safety requirements of the contract before commencement of work. The Contractor shall submit safety plan to the COR within 14 calendar days of the award of this contract. The Contractor shall insure that safety precautions are taken during the performance of this contract to protect the lives of Contractor personnel, the property of the U.S. Government and the Republic of Korea, as well as the private individuals and firms who may be exposed to or be endangered by the Contractor’s actions. The Contractor shall provide a written safety plan with policies, procedures, and safety checklist within 14 calendar days after contract award. The program shall comply with the Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the contract. Any changes or modification to its safety program shall be submitted to the Contracting Officer or his/her duly authorized representative for coordination and review.

1.6.7.3.1. Risk Management Process: The safety plan shall include detailed job related hazards and controls measures and an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (Risk Contractor shall assure that the safety control measures are implemented. The Contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazard Analysis.aspx or develop their own.

1.6.7.3.2. Accident Investigations, Reports, and Logs: The safety plan shall include a copy of the Contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than four (4) hours of accident occurrence to the COR. The Contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the COR in the accident investigation reporting format as soon as possible but no later than five (5) workings following the accident. The Contractor shall implement corrective actions as soon as reasonably possible. The accident investigation reporting format shall include at a minimum:

· Contract Number and Contract Name/Description

· Name of Contractor

· Date/Time of accident

· Date report was completed

· Detail description of events that lead to the accident

· Root cause of accident

· Contributing factors of accident

· Corrective action(s) to prevent recurrence

· Specific dates when the corrective actions will be implemented

1.6.7.3.3. The following require immediate accident notification and written accident report:

· A fatality;

· A permanent total or permanent partial disability;

· The hospitalization of three (3) or more people resulting from a single occurrence;

· Property damage of $200.00 or more.

1.6.8. Security Requirement: The Contractor’s personnel or any representative of the Contractor entering Area III shall abide by all security regulations imposed by the local installation commander at all times and shall be subject to security checks. The Contractor’s personnel and property shall be subject to search and seizure upon entering the confines of above installations, while on, and upon leaving the confines of above installations.

1.6.9. Environmental Control:

1.6.9.1. Compliance with Laws and Regulations. The Contractor shall comply with all applicable ROK Environmental laws, regulations and requirements regarding environmental. In the case of environmental laws/regulations/requirements change during the contract period, the Contractor shall comply with such law/regulation as changed.

1.6.9.2. Notification of Environmental Spills. If the Contractor spills or releases any substances, such incidents shall be reported to the KO or COR immediately then it shall be informed Environmental office. The Contractor shall be liable for the spill or release of such substances and for all safety precautions, testing and clean up with disposal of all materials from the contaminated site.

1.6.9.3. Material Storage and Use. The Contractor shall be responsible for and follow manufacturer’s guidelines and professional recommendations for the control of humidity, temperature, cleanliness and material handling including hazardous materials.

1.7. CONTRACTOR QUALIFICATION:

1.7.1. Prime Contractor's Business Permission: The Prime Contractor shall possess Business permission in remove, transport and dispose of the human waste/sludge (분뇨수집운반업허가증) issued by ROK Government Office.

1.7.2. Prime Contractor's Prior Experience: The Prime Contractor shall have at least two (2) years of experience within the last five (5) years in the field of removal and disposal of sludge and waste from waste water facilities.

1.7.3. Contractor Staffing Plan and Equipment Plan:

1.7.3.1. Staffing Plan: The Contractor shall provide the staffing plan that the Contractor has sufficient number of personnel to perform the requirement. In addition, the Contractor shall indicate each of the proposed staff’s position within the work force. At minimum the plan shall identify personnel who will remove sludge from the bottom of the lift station, personnel that receive sludge at the top of the lift station and a supervisor position.

1.7.3.2. Equipment Plan: The Contractor shall submit the equipment plan include all vehicles and equipment are in his possession or ability to secure required equipment on time for full performance. At minimum the plan must identify the vehicle(s) and their capacity to meet or exceed requirements for collection, transport and dispensing 15,000 liters waste/sludge capability per one time. Personal Protective Equipment (PPE) shall be sufficient to protect all individuals on the work site as described in paragraph 1.7.3.1. PPE include hard hats, harnesses, boots, gloves, eye protection, environmental protective suit and tripod personnel material hoist.

1.7.4. Contract Manager (CM):

1.7.4.1. The Contractor shall provide a qualified CM who shall be responsible for the overall performance of the work and has the authority to make on-site decisions on behalf of the Contractor on contract matter.

1.7.4.2. The CM shall have at least two (2) years of satisfactory experience as a CM within the last five (5) years in disposal and removal of sludge and waste from waste facilities in the various facilities of similar size and same scope or larger to this contract.

1.7.4.3. The CM shall instruct and train Contractor’s personnel in proper and specific work methods in performing services required in the PWS. The CM shall direct schedule and coordinate all services and functions to completely accomplish the work as required by this contract.

1.7.4.4. The CM’s Language Requirement: Personnel working on this contract shall have the ability at an intermediate level of daily conversing in, being understood and understand English as exemplified in their written and verbal skills in their functional duties in the performance of services as required by this contract. If the Government, at its sole discretion, determines that the language skills of a Contractor employee does not meet the language proficiency skills required of the position, the Government reserves the right to require the Contractor to provide a new Contract employee that does possess the required language proficiency skills required of the position, at no additional cost to the Government.

1.8. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.9. CONTRACTING OFFICER’S REPRESENTATIVE (COR): The COR Management System Tool (Virtual Contracting Enterprise (VCE)-Acquisition Resource Center (ARC) https://arc.army.mil/COR) for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.10. IDENTIFICATION OF CONTRACTOR EMPLOYEES: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. While on post at USAG Humphreys, the Contractor personnel shall present a professional appearance and be easily recognizable as Contractor employees. Identification of all Contractor employees and visiting workers shall be accomplished by wearing distinctive clothing and or individual photo badges or escort badges bearing the name of the company and the word “Sludge/Waste Removal”. The distinctive clothing and individual photo badges or escort badges shall be provided at the Contractor’s own expense.

1.11. CONTRACTOR PERSONNEL CONDUCT: The Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor is allowed to use of tobacco or smoking only in authorized locations and prohibited on USAG Humphreys. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no Contractor employees conduct political related activities or events on the US Army Facilities.

1.12. DATA RIGHTS: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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

1.14. EMERGENCY SERVICES:

1.14.1. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the KO or COR within 30 minutes of the incident.

1.14.2. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.15. ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC):

1.15.1. AT Level I Training: This provision/contract text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 50 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR or to the KO, if a COR is not assigned within 20 calendar days after completion of training by all employees and subcontractor personnel.

1.15.2. Access and General Protection/Security Policy and Procedures: This standard language text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. The Contractor and all associated sub-Contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.15.3. AT Awareness Training for Contractor Personnel Traveling Overseas: This standard language text required US based Contractor employees and associated sub-Contractor employees to make available and to receive Government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

1.15.4. iWATCH Training: This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated sub-Contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 50 calendar days of contract award and within 50 calendar days of new employees commencing performance with the results reported to the COR NLT 60 calendar days after contract award.

1.15.5. For Contracts that Require an OPSEC Standing Operating Procedure (SOP)/Plan: The Contractor shall develop an OPSEC SOP/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the Contractor shall identify an individual who will be an OPSEC Coordinator. The Contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.15.6. For Contracts that Require OPSEC Training: Per AR 530-1, Operations Security, new Contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All Contractor employees must complete annual OPSEC awareness training.

1.15.7. For Contractors Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US: The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national Contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the Contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

1.16. Personnel and Vehicle Passes: The Contractor shall provide required documents to request personnel and vehicle passes within 10 calendar days to the COR after award of contract. The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office.

PART II - DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. Definitions and Acronyms:

2.1. DEFINIITIONS:

2.1.1. Cannibalize: Remove parts from Government property for use or for installation on other Government property.

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

2.1.3. Contractor Acquired Property: Property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

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

2.1.5. Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.8. Equipment: A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9. Government Furnished Property: Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10. Government Property: All property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

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

2.1.12. Loss of Government Property: Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13. Material: Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14. Non-Personal Services: The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non personal service contracts are authorized by the Government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

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

2.1.16. Property: All tangible property, both real and personal.

2.1.17. Property Administrator: An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

2.1.18. Property Records: Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19. Provide: To furnish, as in Government-furnished property, or to acquire, as in Contractor-acquired property.

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

2.1.21. Quality Assurance Surveillance Plan: An organized document written by the Government specifying the surveillance methodology used for surveillance of Contractor performance.

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

2.1.23. Real Property: See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24. Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.25. Sub-Contractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the sub-Contractor.

2.1.26. Unit Acquisition Cost means –

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For Contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27. Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows Government vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

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

2.1.29. Work Week: Monday through Friday, unless specified otherwise.

2.1.30. Immediately: Means notification within two hours.

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CAP

Contractor Acquired Property

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

GFP

Government-Furnished Property

HIPAA

Health Insurance Portability and Accountability Act of 1996

ITM

Inspection, Test and Maintenance

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

PA Property Administrator

PIPO

Phase In/Phase Out

POC

Point of Contact

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

WAWF

Wide Area Work Flow iRAPT Invoicing, Receipt, Acceptance and Property (Formally WAWF)

PART III - GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: NONE

PART IV - CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1. GENERAL: The Contractor shall furnish everything required to perform the disposal and removal of sludge and waste from waste water facilities, Area III in accordance with the technical requirements specified herein.

4.2. VEHICLE:

4.2.1. The Contractor shall provide and maintain vehicles in a serviceable and clean condition for transportation to meet the requirements of this contract in accordance with applicable local vehicle standards, USFK Regulation 190-1, Army installation regulations.

4.2.2. The Contractor shall display its company name, and telephone number on all vehicles to be used under this contract.

4.2.3. If the vehicle is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove equipment from the post and replace it with a serviceable one within 24 hours. Vehicle repairs shall not be done on base.

4.2.4. All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Government installation, shall abide by all the regulations of the installation, which may be in effect during the contract period.

4.2.5. The Contractor is liable for loss or damage to U.S. Government property in transit or in the shop.

4.3. EQUIPMENT AND TOOLS:

4.3.1. The Contractor shall furnish all equipment and tools necessary to properly perform the work defined in this contract

4.3.2. The Contractor’s equipment shall be of commercial quality, size, and type suitable for accomplishing the various phases of work specified and operated from existing sources of Government-furnished electrical power. All electrical equipment used by the Contractor shall meet all safety requirements.