2. GTA Latrine PWS FINAL 11JAN23.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

7th ATC Rental of Portable Chemical Latrine and Hand Washing Stations at Grafenwoehr Training Area (Grafenwoehr, Vilseck and Hohenfels excluding Garmisch)

APRIL 2023

Part 1 General Information

1. General: This is a non-personnel services contract to provide rental, cleaning, transportation and handling services for Portable Chemical Latrines and Hand wash stations.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide portable chemical latrines and hand washing stations throughout the Grafenwoehr Training Area to meet hygiene requirements. Items will be kept clean and serviceable during use cycles. Reference is made to Part V Specific Tasks, Paragraph 5.1 – 5.7 for the specific description of services to be accomplished under this contract respectively Performance Work Statement.

1.2 Background: There are currently no hard-stand latrines or handwash stations accessable throughout the training area and garrison for Soldiers and Training Units utilization in order to maintain hygiene and to prevent the spread of disease.

1.3 Scope: This is a non-personnel services contract to provide rental, cleaning, transportation and handling services for Portable Chemical Latrines and Hand wash stations. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS. The Contractor is responsible for providing all parts required for Preventive Maintenance Orders (PMOs) and all repair parts required for Demand Maintenance Orders (DMOs).

1.4 Objectives: The objective of this contract is to provide “on-call” or “in coordination with COR” portable chemical latrines and hand washing stations throughout the Grafenwoehr training Area (GTA). Latrines and hand wash stations must be services and stacked daily. Vendor must be able to provide services within 48 hours of notification, 7 days a week, throughout the year excludeding notated holidays.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 10 days after date of contract award. Deliverable #1

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days. If the Government has provided comments, the Contractor shall then have 3 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

g. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within 30 days upon completion of each option period or Task Order (Deliverable #2).

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance witihin 4 clock hours of identifying those issues. Verbal reports shall be followed up by written reports within 2 days. (Deliverable #3).

1.5.2 Quality Assurance: The Government will 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 must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. The Contractor is required to perform services on holidays.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteeth – June 19th Independence Day July 4th

Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

New Year’s Day (Neujahr) 1 January Three King’s Day (Heilige Drei Könige) 6 January Good Friday (Karfeitag) varies yearly Easter Monday (Ostermontag) varies yearly Labor Day (Tag der Arbeit) 1 May Ascension Day (Christi Himmelfahrt) varies yearly Whit Monday (Pfingstmontag) varies yearly Corpus Christi (Fronleichnam) varies yearly Assumption Day (Mariä Himmelfahrt) 15 August Day of German Unity (Tag der Deutschen Einheit) 3 October All Saints’ Day (Allerheiligen) 1 November 1st Christmas Day (1. Weihnachtsfeiertag) 25 December 2nd Christmas Day (2. Weihnachtsfeiertag) 26 December

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0900 to 1700, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours 0900 to 1700, Monday through Friday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0900 to 1700, Monday through Friday and will be available during local or national emergencies, administrative closings or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.), how Contractor intends to address and meet increased operational tempo. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within 10 days after date of contract award (Deliverable #4). The Government will review and either accept or return their comments to the Contractor 10 days. The Contractor shall then have 3 days to submit a Final Work Plan.

Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this requirement will be performed within the footprint of USAG Bavaria Military Communities Tower Barracks Grafenwoehr (TB), Rose Barracks Vilseck (RB) and Hohenfels (HOH) excluding Garmisch-Partenkirchen (GAP).

USAG Bavaria Tower Barracks Grafenwoehr is located between the towns Nürnberg and Weiden app. 70km north-east of Nürnberg, Federal Republic of Germany.

USAG Bavaria Rose Barracks Vilseck is located between the towns Nürnberg and Weiden app. 50km north-east of Nürnberg, approx. 30 km south-west of Tower Barracks Grafenwoehr, Federal Republic of Germany.

USAG Bavaria Hohenfels is located near the town of Hohenfels, approx. 50 km south-east of Nürnberg, in the south-east area of the Federal Republic of Germany.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: The security requirements are IAW with the Department Of Defense Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link: DD Form 254 (pentagon.mil)

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have a Local National Screening Program “granted favorable” determination at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the Department of Defense Contract Security Classification Specification DD Form 254.

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website:

https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf or https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within 3 calendar days after contract award (Deliverable #5). The log must at a minimum contain the following information detailing name of employee(s), passport or ID number and vehicle used by make and license number. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable #6).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 2 working days. (Deliverable #7).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 2 working days. (Deliverable #8).

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.3.4.1 RESERVED

1.6.4 RESERVED

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 2 days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #9). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 2 days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #10). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager.

As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than 5 days (Deliverable #11). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within 2 days of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control: RESERVED

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. 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, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Program/Contract Manager/Alternate Program/Contract Manager, Quality Control Manager, Dispatcher The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than 5 days or during the Post-Award meeting, which ever is earlier. (Deliverable #12). The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

The Contract Manager or Alternate Contract Manager shall be available between 0800 and 1700, Monday through Friday and within 24 hours weekends and holidays. Qualifications for all key personnel are listed below:

The Contractor’s personnel shall meet the stipulated English proficiency levels in reading, speaking and writing (reference AE Pamplet 690-70), Appendix H.

Level I:

Level II:

a. Speaking: Able to satisfy minimum courtesy requirements and maintain very simple face to face conversations on familiar topics.

b. Reading: Sufficient comprehension to read very simple written material.

a. Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective. Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.

b. Reading: Able to read within a normal range of speed and with almost complete comprehension a variety of material on unfamiliar subjects. Can comprehend a variety of styles and forms pertinent to professional needs. Rarely misinterprets texts.

Level III:

a. Speaking: Able to use the language fluently and accurately on all levels normally pertinent to professional needs. Language usage and ability to function are fully successful.

b. Reading: Able to read fluently and accurately all styles and forms of the language pertinent to professional needs.

Required Levels of Proficiency for English Languages under this Contract:

ENGLISH

Contractor’s Personnel:

Read

Write

Speak

Contract Manager/Alternate 3 3 3 All others 1 1 1

d. Special Qualifications: The Contractor shall inspect, repair, and maintain systems and components associated with portable latrines and handwash stations as required throughout this contract utilizing properly trained, skilled, and qualified employees or subcontractor personnel. The Contractor shall be an accredited waste management company for collection, transportation, storage, handling, recycling and disposal of waste according to the Closed-Cycle Material Management Law (former names German Waste Disposal Law). TÜV certificates or certificates from similar German authorities are required. Personnel shall have a minimum 3 years’ experience with the handling of waste and goods. Personnel with less than 3 years relevant experience performing on-site services under this contract shall be accompanied by personnel with a minimum of 3 years’ experience with the handling of waste material and goods. The contractor shall provide valid certificates (issued by TÜV or similar German authorities) about transportation license for transporting waste on public roads. The contractor shall provide valid license as certified firm for handling (transportation) and for disposal (certified disposal facility) called “Entsorgungsfachbetrieb EFB” to include all certification background documents witin 5 days of award. (Deliverable #13)

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 RESERVED

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715).

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. 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.

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than 5 days (Deliverable #14) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): RESERVED

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program. The Contractor shall develop and implement a safety plan forits employees.

1.21.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel (Deliverable #15). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase.

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than 2 days (Deliverable #15) that such notifications were made.

1.21.1.3 RESERVED

1.22 Environmental Compliance: The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules and plans. The Contractor shall use, store and dispose of all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, Federal and State laws, and according to manufacturers’ recommendations. The Contractor shall be financially liable for all fines and associated costs for non-compliance with local, Federal and State laws regarding hazardous waste management including but not limited to:

hazardous materials spillage, improper handling and transportation and improper waste disposal. The Contractor shall make all environmental and hazardous material records available the next duty day upon request from the KO or designated Government representative/COR.

1.22.2 All other wastes generated by the Contractor shall be disposed of by a third party Contractor IAW applicable Host Nation, State and Federal Standards. All waste generation on USAG Bavaria must be handled under a single EPA ID Number per AR 200-1, Environmental Protection and Enhancement. The Contractor’s shall collect all Hazardous Waste for disposal by the 3rd party. The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Policy.

1.22.3 Environmental Management System (EMS)

Conformance with Environmental Management System (EMS): USAG Bavaria Environmental Division has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities and services. All personnel performing work for or on behalf of USAG Bavaria Military Communities must be aware of and understand USAG Bavaria Environmental Policy. Upon request the policy can be obtained at USAG Bavaria Environmental Division, Directorate of Public Works Tower Barracks Grafenwoehr, Building 389, APO 09114, Phone: 09641-83-7711.

The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Policy.

Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable Federal, State, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and European DIN, VDE and ISO regulations. Contractor shall immediately report any conflicts between applicable Federal, State, local environmental laws, statutes, Executive Orders, AR 200-1, and any specifications within this contract to the KO and COR and the DPW-ED. Any questions regarding EMS may be directed to the Installation EMS Coordinator or Contracting Officer’s Representative.

The Contractor shall be prepared in case of any possible environmental violation under this contract. Any spillage caused by the contractor during work performance has to be handled, cleaned and disposed of by the contractor and to the contractor’s expense. The contractor shall notify the COR within one (1) hour upon spilling of hazardous materials.

1.23 Required Training: The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 45 days after employment of new personnel.

Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S.

based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable #16) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within 5 days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable #18) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training.

1.23.2 OPSEC Training: IAW AR 530-1, Operations Security, Contractor employees shall complete Level I OPSEC Awareness training within 30 calendar days after contract award and within five (5) calendar days of new employees commencing performance. Completion certificates will be made available to Government within ten (10) business of completion or upon request from the Government. All Contractor personnel shall complete Level I OPSEC Awareness training annually. Level I OPSEC training is available at the following website: OPSEC Awareness for Military Members, DOD Employees and Contractors (usalearning.gov)

1.23.3 iWATCH Training: The Contractor shall brief the local iWATCH program (training standards provided by the Rock Island’s ATO) to all of Contractor’s employees and associated subcontractors. This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the USAG Bavaria Military Communities, Police Department and the COR. The Contractor shall complete the training within 30 calendar days after contract award and within 30 calendar days of new employees commencing performance and send to the KO or designated Government representative/COR via both electronic and paper copy within 30 calendar days of completion.

Training slides can be found at: USMEPCOM > Home > Contractors (army.mil)

1.23.4 Information Assurance (IA) Training RESERVED

1.23.4.1 RESERVED

1.23.4.2 RESERVED

1.23.4.3 RESERVED

1.23.5 RESERVED

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component, or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25 Notice to Proceed: RESERVED

1.26 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered, or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27 Government Property and Services: RESERVED

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams.

The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means 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.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart

202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line-item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

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

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Government-furnished property - means property furnished to the contractor 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.

Government property - means 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.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS).

It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that…