2. PWS_Final (11Apr23)_W912PB23R3012.pdf

4/11/2023 Page 1 of 28 409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Equipment Maintenance and Repair Contract (EMR Contract)

Heating, Ventilation and Air Conditioning Systems, Refrigeration and Freezing – Systems, Kitchen and

Smoke Exhaust Systems and Automatic Fire Alarm Systems at

USAG Bavaria, Military Communities:

- Tower Barracks Grafenwöhr,

- Rose Barracks Vilseck,

- Hohenfels and

- Garmisch‐Partenkirchen

Part 1

General Information

1. General: This is a non-personal services contract under which 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.

1.1 Description of Services/Introduction: This is a non-personal services contract to provide preventive maintenance, routine repair, on-call repair and emergency repair services as well as inventory and labeling of various technical building equipment (e.g. heating, ventilation and air conditioning systems, refrigeration and freezing systems, walk-inns, kitchen exhaust etc.) within the USAG Bavaria Military Communities.

The Government shall not exercise supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: This contract is the fourth enterprise wide contract serving all Military Communities (MCs) within the USAG Bavaria. Changes in quality of life and the use of modern electronic data systems require the continuous maintenance and repair of various installed systems as well as Air Condition Systems in many renewed and new constructed facilities at USAG Bavaria.

Without periodic maintenance, server rooms, simulation centers, cooling systems, etc. are at risk of failure and malfunctions and will cause further expensive damages/repairs as well as loss of goods and cause a high risk impact on mission.

1.3 Scope: The Contractor shall provide non-personal services for Preventive Maintenance (PM), Routine Repair Work (RRW), On-Call Repair Service (RS), On-Call Emergency Repair Service (ERS), Inventory and Labeling on Heating-, Ventilation- and Air Conditioning Systems (HVAC), Refrigeration and Freezing Systems, Kitchen and Smoke Exhaust Systems, Drinking Fountains, Kitchen Equipment and Fire Control Systems or Fire Alarm Systems (BMZ). Services shall be provided on a call or scheduled basis at the following USAG Bavaria Military Communities:

- Tower Barracks Grafenwoehr (TB),

- Rose Barracks Vilseck (RB),

- Hohenfels (HOH),

- Garmisch-Partenkirchen (GAP).

Services include all required and necessary management and supervision, technical personnel, tools, general and specialized equipment, electronically communication equipment, all conventional and special measurement devices, cell phones, services, all parts and materials exceeding Government-furnished spare parts, necessary car pool as well as other items, scaffolds and lifting platforms and services necessary to perform as defined in this statement of work.

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The Contractor shall observe, adhere to and comply with all pertinent US and Host Nation German laws, regulations, ordinances, technical and safety rules valid during the life of this contract.

1.4 Objectives: The contract calls for the following basic service objectives:

- Performance of Preventive Maintenance of o Ventilation Systems including hygiene inspections o Air Conditioning Split Systems o Air Conditioning Window Type Systems o Refrigerator and Freezer Systems o Kitchen Exhaust Systems o Smoke and Heat Exhaust Systems o Drinking Fountains o Gas Leak Detection Systems o Heating Pumps and Burners, Sensor Systems, o Fire Protection Systems

- Performance of Routine Repair Work (RRW)

- On-Call Repair Services (RS)

- On-Call Emergency Repair Service (ERS)

- Labeling and Inventorying of Equipment

- Provision, Supply and Installation of Repair Parts

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 ten (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 ten (10) days. If the Government has provided comments, the Contractor shall then have five (5) 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 twenty (20) 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?

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1.5.1.1 RESERVED

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within two (2) hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days. (Deliverable #2).

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: The Contractor shall not be required to perform work other than Emergency Services on United States Federal holidays. Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise coordinated with 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.

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 Juneteenth 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 coordinated with the Contracting Officer.

German national and local holidays are:

New Year’s Day January 1st Epiphany January 6th Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies Assumption Day August 15th Day of German Unity October 3rd All Saints’ Day November 1st 1st Christmas December 25th 2nd Christmas December 26th

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 07:30 to 16:00, Monday through Friday except Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 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: RESERVED

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 07:30 to 16:00, Monday thru Friday. 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. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

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1.5.4.4 24/7 Service: This contract calls for On-Call Emergency Repair Service (ERS) including work after regular duty hours, Saturdays, Sundays, American and Host Nation German Holidays. For emergency work, the work sites at the individual MCs will be accessible 24hours/365days.

1.5.4.5 Contractor Work Plan: RESERVED

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 contract will be performed at USAG Bavaria Military Communities Tower Barracks Grafenwoehr, Rose Barracks Vilseck, Hohenfels, and Garmisch-Partenkirchen

1.5.6.1 USAG Bavaria Tower Barracks Grafenwoehr is located between the towns Nuremberg and Weiden app.

70km north-east of Nuremberg, Federal Republic of Germany

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

1.5.6.3 USAG Bavaria Hohenfels is located near the town of Hohenfels, approx. 50 km southeast of Nuremberg, in the southeast area of the Federal Republic of Germany.

1.5.6.4 USAG Bavaria Garmisch-Partenkirchen is located near town Garmisch-Partenkirchen, approx. 90 km south of Munich in the south area of the Federal Republic of Germany. USAG Garmisch also includes the following Border Stations:

1.5.6.4.1 Munich House Bldg. No 5943, Kepplerstrasse 15, 81679 München; (90 km from Garmisch)

1.5.6.4.2 Recreation Resort Frasdorf -Chiemsee, Ebnat 5, 83112 Frasdorf; (135 km from Garmisch)

1.5.6.4.3 Recreation Resort Berchtesgaden, Hinterbrand, 83471 Berchtesgaden; (210 km from Garmisch)

1.5.6.4.4 NATO School Oberammergau, Am Rainenbichl Bldg. No 612-633, 82487 Oberammergau; (25 km from Garmisch)

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

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

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.

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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:

Army Publishing Directorate

Below is the responsible Organizational Sponsor & IACO for this contract:

Organizational Sponsor: Mr. Michel Ohm Location: Grafenwoehr, DPW/SCMB

Building 433 DSN Phone: 526-4050 Commercial Phone: +49 9641 70 4050

Installation Access Control Office:

Location: Grafenwoehr, Building 244, Room 129 DSN Phone: 526-4420 or 4421 Commercial Phone: +49 9641 70 4420 or 4421

Location: Hohenfels

(0730 – 1130 hours) (1230 - 1600 hours) Building 770 Building 10 DSN Phone: 466-4015 466-2889 Commercial Phone: +49 9472 83 4015 +49 9472 83 2889

Location: Garmisch

Building 203, Room 107 Building 203, Room 003

DSN Phone: 440-3558 440-3618

Commercial Phone: +49 8821-7503558 +49 8821-7503618

1.6.3.1 The Contractor shall provide the Initial Installation Pass Log for all employees or subcontractors employees working under this contract at the Post Award Conference (PAC) (Deliverable #3). 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 #4).

At a minimum, the log must contain the following information:

First and last name, Date of birth and Place of residence of the employee.

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 five (5) days (Deliverable #5).

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 five (5) days (Deliverable #6).

1.6.3.4 Common Access Cards (CAC): RESERVED

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1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

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.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan.

Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

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

4/11/2023 Page 7 of 28 409th CSB Ver 6 20200319 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:

a. Contract Manager (CM): Contractor shall nominate a CM and an Alternate Contract Manager (A/CM) who shall act for the Contractor when the CM is absent. CM and A/CM shall be responsible for conducting continual overall management and coordination for all places of performance outlined in Para 1.5.6. The contract manager and his alternate 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 shall be available between 07:30 to 16:00, Monday thru Friday except when the government facility is closed for administrative reasons.

b. Site Foreman (SF): The Contractor shall assign a site foreman for each location (MC) who is the first POC for the COR and shall have the authority to act on or make decisions for the Contractor on all matters pertaining the day-to-day business of this contract and work performance. The site foreman shall be available by telephone, fax and electronic mail communications and provides 24/7 liaison with the Government.

c. Refrigeration Technology “Meister”: The Contractor shall provide a Refrigeration Technology “Meister” at each location.

d. Electrical or Heating Trade “Meister”: The Contractor shall provide a “Meister” either electrical or heating at each location.

Key Personnel shall be able to communicate in English. The key personnel shall be able to satisfy most work requirements with language usage that is acceptable and effective. The key personnel shall be 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. In addition, the key personnel shall be 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.

Qualifications for all key personnel are listed below:

1.10.1 Special Qualifications / Certifications: The certification of the contractor, his personnel and sub-contractor personnel shall be an essential part of contractor’s quality control plan. Quality control plan shall be presented at the Post Award Conference. The work asked for in this PWS is to be accomplished by a contractor experienced in the field of maintenance, repair and installation of heat-, air conditioning-, ventilation and refrigeration systems. Contractor, Sub- Contractor shall have a minimum documented experience of two (2) years in this field of duties.

- The Contractor shall be certified IAW DIN EN ISO 9001 (Quality Management),

- The Contractor shall be member of the VDKF – Verband Deutscher Kälte-Klima-Fachbetriebe e.V.

- The CM and SF and their alternate(s) shall have minimum experience of two (2) years in their respective field.

- Contractor shall have technicians qualified as “Meister” in the area of refrigeration and “Meister” qualified in either electrical or heating fields designated at each MC. All “Meisters” and technicians shall have a experience in the field of refrigeration maintenance and repair on commercial refrigeration systems and HVAC systems equal in type and complexity to the systems indicated in this PWS. Certification and training must be recognized by host nation/EU authorities.

1.10.2 Personnel other than Key Personnel: All other contractor’s technicians that are to perform any work under this contract shall have a German Journeyman’s Certificate (Gesellenbrief) at a minimum in the specific fields of electricity-, air-conditioning- or ventilation techniques.

Furthermore Contractor’s and sub-contractor’s personnel performing services under this contract shall specifically meet all qualifications as required by the German regulations BGG, BGI, BGR, BGV, VBG, VBR, UVV, European/German machinery and operational safety regulations (Maschinenrichtlinien- und Betriebssicherheitsverordnung) and applicable VDE, VDI, VDMA, DIN, VbF regulations.

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Contractor personnel shall be certified by independent approved certifying organizations (e.g. TÜV, Technical Review Board) or equal test organizations and provide certificates at the Post Award Conference.

Deliverables concerning personnel, reference is made to Para 5.5.4.5 Personnel and Vehicles and Attachment 2, Deliverable Schedule, #27 - #30.

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 RESERVED

1.13 Contractor Travel: Contractor shall be required to travel to locations as outlined in Para 1.5.6 during the performance of this contract to attend meetings, conferences, and training.

1.14 Other Direct Costs (ODCs): The contractor will be reimbursed for repair/replacement of all direct parts/materials used in the performance of this contract. However, not exceeding the total amount listed within the specific CLINs/ELINs.

The contractor will receive reimbursement of direct parts/materials as invoiced plus a handling charge. The handling charge is an integral part of the offer IAW ELINs schedule and will be entered by the contractor.

The reimbursed direct material cost for individual parts shall be the respective actual manufacturer's or supplier's list price or written offer including the manufacturer's freight and packaging cost for delivery to the contractor, less any manufacturer's discount that was provided to the contractor.

Contractor shall show evidence of his cost for parts/materials including freight and packaging cost less any discount by manufacturer’s or supplier’s invoice (ref Para 5.5.1 Work Certificate). All direct parts/materials shall be the products of manufacturers or suppliers regularly engaged in manufacturing of these parts. Repair/replacement parts and materials shall be of equal or better quality, capacity and efficiency as the original manufacturer's part/material. In lieu of new parts/materials, remanufactured and rebuilt parts may be used by the contractor if those parts meet the quality/capacity and efficiency standards of the original manufactured parts/materials. Contractor will be reimbursed for indirect material at cost. Material handling charge will be applied only to direct parts and material.

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: RESERVED

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at Use of Department of Defense Imagery > U.S. Department of Defense > Article. 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: RESERVED

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor 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 OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer within two (2) days 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 Contracting Officer to avoid or mitigate any such OCI (Deliverable #7). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily

4/11/2023 Page 9 of 28 409th CSB Ver 6 20200319 avoided or mitigated, the Contracting Officer 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.

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.21.1 Host Nation Safety Laws and Regulations: Contractor, Sub-Contractor as well as any other performing personnel shall accomplish services in accordance with all pertinent safety regulations, guidelines and ordinances in their effective latest version.

Contractor shall establish and submit to the COR a Safety Plan IAW the German rules and regulations at the Post Award Conference (Safety Plan to cover fall protection, safety signs, portable ladders etc.). Revisions shall be submitted to the KO/COR five (5) days prior to the effective date of change. (Deliverable #8).

1.21.1. RESEREVED

1.21.1.2 RESERVED

1.21.1.3 RESERVED

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

1.22.1 Environmental Compliance Plan and Program: Adherence of all environmental compliances is mandatory for all personnel performing under this contract. Contractor shall be in possess of all regulations pertaining handling of dangerous goods (German Waste Disposal Law). Contractor personnel shall be familiar with the pertaining hazardous good regulations and shall be required to maintain hazardous goods data sheets. (I.e. Obligation to avoid F-Gas emission according Part 3 EG-VO 517/2014).

The contractor shall ensure that all systems covered under this contract operate IAW local, State, Federal and DA air and water pollution control requirements. If handling Petroleum, Oil, & Lubricants (POL) or other environmental sensitive products the contractor shall establish a Spill Prevention and Cleanup Plan for handling POL, spill prevention and spill cleanup in cooperation with the Community Spill Coordinator and the Fire Department. Contractor shall submit the Spill Prevention and Cleanup Plan thirty (30) days after start of the contract (Deliverable #9).

Contractor has to be well prepared in case of any possible environmental violation under this contract. The contractor shall notify the COR within one (1) hour upon spilling of hazardous materials. The contractor shall be responsible for the prompt and proper cleanup and disposal of hazardous materials spills. Any spillage caused by improper work performance has to be properly cleaned and residues properly disposed of by the Contractor at his own expense.

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

1.23.1 Anti-Terrorism (AT) Level I Training: AT Level I awareness training is available at https://jkodirect.jten.mil.

All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. 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 or the COR provides AT Level I Training Slides (Power Point Presentation) to the Contractor for internal contractors training (Ref. Attachment 12 – Confirmation AT/OPSEC/iWatch Training). The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee (web based certificate or signed attendance sheet) to the COR within ten (10) days after completion of the training (Deliverable #10).

Contractor personnel must complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies (Deliverable #11).

1.23.2 OPSEC Training: OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete Level I OPSEC Training within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local OPSEC Officer at their assigned

4/11/2023 Page 10 of 28 409th CSB Ver 6 20200319 location for classroom training or the COR provides OPSEC Level I Training Slides (Power Point Presentation) to the Contractor for internal contractors training (Ref. Attachment 12 – Confirmation AT/OPSEC/iWatch Training). The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee (web based certificate or signed attendance sheet) to the COR within ten (10) days after completion of the training (Deliverable #12).

Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (Deliverable #13).

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally 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 thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance. Verification of the training (certificate or signed attendance sheet Ref.

Attachment 12 – Confirmation AT/OPSEC/iWatch Training) shall be provided to the COR within ten (10) days after completion of the training (Deliverable #14). Training slides can be found:

https://home.army.mil/bavaria/application/files/1715/7857/7112/iWatch_Trifold_English.pdf

1.23.4 Information Assurance (IA) Training: RESERVED

1.23.5 Personally Identifiable Information (PII): 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: RESERVED

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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 (KO) – 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.

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.

Direct Parts, Materials and Supplies - Direct Parts, Material and Supplies are those parts, materials and supplies which enter directly into the end product or service, or which are used or consumed directly in connection with the furnishing of such product or service. Handling, supply and reimbursement is set forth and specified under this PWS, Part No 5. All defective dismantled parts shall be shown to the COR/POC. Removal and disposal of defective parts and material is the responsibility of the contractor to his own expense, except otherwise directed by the COR.

Emergency - is a sudden, unexpected, or impending situation that may cause life, health or safety hazard or damage to Government property, including loss of perishable goods, and/or interference with the normal activities of personnel and therefore, requires immediate attention and remedial action.

Emergency Repair Work (ERW) - Emergency Repair is the immediate required repair of equipment and real property in the event of an Emergency.

Equipment in Place (EIP) - Any piece of equipment (including components and ancillary parts) permanently fixed in place such as, but not limited to facilities, air conditioning- and refrigeration systems, motors, pumps, instrumentation (controllers, indicators, recorders, including primary devices), control valves (mixing, pressure, flow), lift devices (hoists and chain falls), hydraulic systems.

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, 4/11/2023 Page 12 of 28 409th CSB Ver 6 20200319 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.

Government Workday - 0730 - 1600, Monday thru Friday (American and German Holidays excluded).

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.

Man Hour - Those hours expended on a repair work that is production (pure labor hour) only. Hours expended awaiting material or personnel and travel time shall not be counted.

On-Call Emergency Repair Service (ERS) – ERS is the respond and remedial action to an emergency call placed in case of an emergency with a response time of two (2) hours or less after receipt of notification. This is a 24/7 Service which also applies after regular duty hours, Government and Host Nation Holidays.

On-Call Repair Service (RS) - RS is the respond and remedial action to an unscheduled repair call placed by the customer primary through the Work Order Desk (WOD) during regular duty hours. RS is compensated on an on-call basis.

Response time for RS placed during regular duty hours is four (4) hours or less. After regular duty hours, the 4 hours response time will start beginning of the next regular workday.

On-Call Services - On-Call Service is a service call for unscheduled repair and emergency placed by authorized designated personnel only (Ref. Attachment 3). On-call Repair Services and On-Call Emergency Repair Services will be compensated by lump sum CLIN for unscheduled inspecting, testing, searching and defining the nature for a facility, equipment or system failure, break down, or defect.

The lump sum cost includes all travel costs, labor, and one (1) onsite labor hour for repair calls (RS) and two (2) onsite labor hours for emergency calls (ERS) to localize the reason for break down, as well as to define labor and material cost to provide a cost estimate for repair. The compensation for the labor hours begins with the technician's arrival at the job site and ends with his departure The lump sum cost will be paid per facility, equipment or system being broken or defect but once per day only and only if it requires special effort in time, equipment or material to define a failure and if tasked and approved by the COR.

Travel cost and any auxiliary cost will not be reimbursed separately. This portion of costs has to be calculated within the pertaining position.

Operable Condition – The state of repair necessary for an item of equipment in place, to function at its designated capacity and efficiency.

Preventive Maintenance (PM) - Preventive Maintenance are recurring maintenance measures on equipment or system components performed on an recurring schedule (annual, semiannual, quarterly, monthly, weekly or daily schedule) as recommended by the manufacturer or as directed by the COR approved standard of the industry predominant in trade in order to extend the life of the equipment and to minimize breakdowns. PM includes inspection, adjustment, cleaning, lubrication, parts replacement, calibration, testing, trouble-shooting and small repairs to keep systems in operational conditions. Under subject contract, PM work has to be accomplished as determined within the PWS IAW System Descriptions (Attachment 4 – 7) and ELIN-Sheets (Technical Exhibit A to C).

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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 (QA) – (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 the quality of an end product or service shall meet contract requirements.

Routine Repair Services - Routine repair services under this PWS will be defined as necessary repair of an equipment or an equipment component as a reaction of defects identified by the Government or Building Occupants, that if not corrected immediately, will n o t result in permanent damage to the equipment, related equipment and perishable goods or seriously impact the ability of a user to perform his/her mission. Routine repair calls will be placed during normal working hours (IAW Para 1.5.4.3 Contractor Support Hours) Monday thru Friday, excluding Saturdays, Sundays and official German holidays.

Routine Repair Work (RRW) - Repair is the restoration of equipment and real property to such condition that it may be used for its designated functional purpose. RRW under subject contract requires a cost estimate approved by COR prior performance of work.

Subcontractor –…