409th CSB Ver 6-20200319 Performance Work Statement 040925.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair of Material Handling Equipment (MHE) and all other equipment as listed from DLA Distribution Europe

Part 1 General Information

1. General: This is a non-personal services contract to provide maintenance and repair services of U.S. Government-owned Material Handling Equipment (MHE) and Automated Material Handling Systems (AMHS) as listed in the Inventory Density List, Technical Exhibit B hereto. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: This requirement is to provide scheduled and unscheduled maintenance as well as battery service on Government-owned MHE and AMHS as listed in the Inventory Density List, Technical Exhibit B, hereto.

1.2 Background: This contract is for maintenance and repair service of U.S. Government owned MHE & AMHS, located at DLA Distribution Europe, on Germersheim Army Depot. This equipment is required to provide logistical support to the entire Europe and Africa theater and is used on a multi-shift schedule, 24 hours per day and six days per week, to move, stage and position freight, that is either inbound, outbound or for storage at DLA Distribution Europe. Maintenance to and service of the DLA Europe equipment fleet is a critical requirement that allows for successful completion of daily mission requirements. The estimated quantities, which may be ordered against the resultant contract may vary in practice and are not guaranteed amounts.

1.3 Scope: The Contractor shall provide non-personal services of unscheduled (repair) and scheduled maintenance. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated documents, to include battery service and parts needed to accomplish the work, except for those items specified in Part 3, Government Provided Property, Equipment and Services. All costs for the daily travel to and from Germersheim Army Depot as well as the fuel costs incurred are not covered by the U.S. Government. The Contractor shall perform to the standards and acceptable quality levels identified in the PWS and associated contract documents.

1.4 Objectives: The objective of this contract is to provide services for Repair and Maintenance of MHE and AMHS listed in the DLA Distribution Europe inventory, regardless of brand, and manufacturer.

1.4.1 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO) or Contracting Officer’s Representative (COR). It is the responsibility of the contractor to ensure liability insurance meets the level of work and the environment in which the work is to be completed.

1.4.2 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable U.S., German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. The Contractor’s personnel must have qualification as certified welder and maintain/renew qualification annually. The contractor shall provide copies of the required licenses and certificates to the COR within ten (10) business days of award (A.019).

1.4.3 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, Quality Control (QC), financial control (monitor quantities of CLIN’s), meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverables List, Technical Exhibit C hereto.

1.4.4 Meetings, Conferences, and Briefings: 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, Alternate Contract Manager, or other designated representative shall attend meetings as requested by the Government. Meeting attendees shall at all times include Contractor managerial, supervisory, and other staff personnel knowledgeable of the subject matter. Site visits by the contractor should occur monthly to ensure all areas of performance are being executed in accordance with the contract. Notice of 5-days or more should be given to the COR to ensure the customer is available.

Communication between the customer and the contractor shall be through electronic mail, messaging, or telephone. Any correspondence through mail should be the last resort to communicate with the customer.

1.5 Period of Performance: The period of performance shall be for one (1) basic year of 12 months and two (2) option 12-month periods.

1.6 General Information

1.6.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with 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 KO through the COR for review within ten (10) Calendar days, after date of contract award (A.001). 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) calendar days. If the Government has provided comments, the Contractor shall then have three (3) business days to submit a Final QCP (A.002).

After receipt of the Final QCP, the Contractor shall receive the KO’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the KO no later than five (5) calendar days (A.003). The Contractor shall bring identified issues or potential problems that might affect future performance to the attention of the COR as soon as possible. Verbal reports of proposed changes will be followed up by written reports within five (5) days. (A.004) The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include 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 the Contractor will monitor work to ensure that performance complies with all timelines, deadlines, and goals.

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

d. How the Contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.

e. How the Contractor will ensure all keys issued will remain controlled items (See 1.8 Key Control)

f. How the Contractor will inventory, and track maintenance of all Government Provided Equipment.

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

h. How the Contractor will file and save all QC related documents for the life of the contract plus five (5) years.

1.6.2 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 minimum acceptable defect rate(s).

The Government reserves the right to inspect and test all equipment repaired during the term of the contract to the extent possible. Inspections and tests will be performed in such manners that will not delay unduly the progress of work performance.

Recognized Holidays: Work shall not be performed on German Holidays.

a. U.S. Federal Holidays

New Year's Day January 1st Martin Luther King Memorial Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth Day June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11th Thanksgiving 4th Thursday in November Christmas Day December 25th

b. Host Nation Holidays:

New Year's Day January 1st Three King’s Day (only in Baden-Württemberg and Bavaria) January 6th Good Friday varies yearly Easter Monday varies yearly Labor Day May 1st Ascension Day varies yearly White Monday varies yearly Corpus Christi (only in Baden-Württemberg, Bavaria, Hessen, Nordrhein- Westphalia, Rhineland-Palatinate, and Saarland) varies yearly Assumption Day (only in Saarland and Roman Catholic areas of Bavaria) August 15th Day of German Unity October 3rd All Saints’ Day (only in Baden-Württemberg, Bavaria, North Phone- Westphalia, Rhineland-Palatinate, and Saarland) November 1st 1st Christmas Day December 25th 2nd Christmas Day December 26th

1.6.3 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 07:00 – 15:30 Monday thru Thursday, and 07:00 – 14:00 on Fridays except German holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor is responsible for determining if the Government facility is available to perform duties. The Contractor will not be reimbursed for expenses relating to the known closure of the Government facility.

1.6.4 Place of Performance: The work to be performed under this contract shall be performed at the U.S. Government facility where the equipment is located (DLA Distribution Europe on Germersheim Army Depot (GAD). No equipment/equipment parts may be removed from the facility. Equipment being serviced and/or repaired must be available at the below site during regular work hours (07:00 – 15:30), Monday thru Thursday, and (07:00 – 14:00) on Fridays for inspection by the U.S.

Government.

• DLA Distribution Europe, on GAD

1.6.5 Type of Contract: The Government intends to award a Hybrid Firm Fixed Price/Time & Materials (FFP/T&M) type contract.

1.7 Security Requirements: The Following information is provided on security related measures:

1.7.1 Security Program: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office, within ten (10) days of contract award (A.005). Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, Headquarters Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCID-III) and Terrorist Screening Database (TSDB) (Army Directive 2014/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.7.2 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 Regulation 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 immediately return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access (A.006).

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

http://www.eur.army.mil/aepubs/

1.7.2.1 In addition, the Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within three (3) Calendar days, after contract award (A.007). The log must at a minimum contain the following information: Employee’s first and last name, birth date, current position, and point of contact information for first line supervisor. 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 (A.008).

1.7.2.2 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 immediately (A.009).

1.7.2.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) calendar days (A.010).

1.7.3 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 http://www.eur.army.mil/aepubs/ 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 KO via the COR and the Requiring Activity Manager of each favorable background check within three (3) calendar days of receipt by the Contractor, identifying such with the appropriate contract number (A.011). The Contractor shall forward a copy to the KO via the COR and the Requiring Activity Manager of each unfavorable background check within three (3) calendar days of receipt by the Contractor, identifying such with the appropriate contract number (A.012). 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.

1.7.3.1 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. At a minimum prior to beginning performance, Contractors employing local national, and third country nationals shall furnish the KO via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than no later than five (5) days after contract Award (A.013). 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 KO via the COR and the Requiring Activity Manager within three (3) days of receipt, identifying such with the appropriate contract number (A.014). 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).

Contractor personnel performing work under this contract must receive a “favorable” rating resulting from a Local National Screening Program (LNSP) background check. DLA Distribution Europe’s Security Specialist will submit the security applications in LNSP once the Contractor has provided the necessary USAFE Form 203, 20071101 along with a copy of their Personalausweis. Once the results from the LNSP check are received and confirmed “favorable”, then the Contractor will provide a copy of their Polizeiliches Führungszeugnis (Good Conduct Certificate (GCC)) that is no more than twelve (12) months old, within three (3) business days (A.015).

An applicant will obtain this GCC from his or her local registration office (for example, the Meldebehörde in Germany). A certified translation must be obtained for all GCCs that are not completed in English, German, or Italian. Certificates that are more than twelve (12) months old may not be used. If an individual is unable to get a GCC in the current country of residence (for example, if he or she has resided less than one (1) year in that country), an equivalent certificate is required from the previous country of residence. That document must be translated into English and notarized.

The Contractor shall ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

1.7.4 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. When Government-owned Equipment is turned over to the Contractor, the Contractor assumes full responsibility and liability for the equipment by signing the Work Order form upon receipt. Before accepting the equipment, the Contractor shall inspect the equipment for any damage or missing components, record this information on the Work Order, and notify the Government representative. Damages or missing parts not listed on the Work Order will be considered as Contractor’s responsibility. After the equipment has been accepted by the Contractor, a copy of the signed Work Order shall be returned to the COR immediately.

1.7.5 Operations Security (OPSEC) Requirements: The contractor will develop an OPSEC standing operating procedure (SOP)/plan within 90 calendar days after the contract is awarded, to be reviewed and approved by the responsible Government OPSEC officer, according to AR 530-1 (A.016). This SOP/plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor will identify an individual who will be an OPSEC coordinator. The contractor will ensure this individual becomes OPSEC Level II certified according to AR 530-1 (A.017).

1.8 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. No keys issued to the Contractor by the Government will be duplicated. The Contractor shall develop procedures covering key control that shall be included in 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 COR. In the event keys are lost or duplicated, the Contractor shall, upon direction of the KO, 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 the monthly payment due 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 COR. The Contractor shall return any keys used for the wash rack, waste containers and/or Hazardous Material (HAZMAT) containers to the key box located in Maintenance Building 7542.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor 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.

1.10 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.11 Key Personnel: The Contractor shall develop, maintain, deliver, and update, as required, a key personnel listing to the KO and the COR. The following personnel are considered key personnel by the Government:

a. Contract Manager

b. Alternate Contract Manager

c. Supervisor - Representative at the Government facility if the contract is subcontracted only

d. Alternate Supervisor - Representative at the Government facility if the contract is subcontracted only

e. Automotive Meister or Journeyman

f. Technician

The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work, within (30) days of contract award (A.018). The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be designated in writing to the KO. The Contract Manager or Alternate Contract Manager shall have full authority to act for the Contractor on all matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available during hours of operation in accordance with Section 1.6.4 of this PWS.

Qualifications for all key personnel are listed below a & b. Contract Manager and Alternate Contract Manager: The Contract Manager and Alternate Contract Manager shall be able to read, write, speak, and understand the English language as well as the German language.

c & d. Supervisor and Alternate Supervisor: The supervisor must be on site at the government facility and act as an intermediary between the COR and the subcontractor. The supervisor must have the basic requirements and technical knowledge to check and monitor the work of the automotive Meister and technician. He must ensure that the work is carried out in a professional manner. The alternate Supervisor shall be on site when the Supervisor is absent.

e. Automotive Meister or Journeyman: The contractor is required to have at least one Automotive Meister or Journeyman. The Meister shall be certified by Handwerkskammer in Forklift repair, automotive repair, construction equipment, farm equipment or machine construction trade. The Journeyman must have the authorization to practice according to § 7a Handwerksverordnung (old journeyman regulation [Altgesellenregelung]) in the above-mentioned trades. The Contractor shall provide copies of the required licenses and certificates within ten (10) business days of award, to the COR (A.019).

f. Technician: The contractor is required to have at least one Technician with a complete education as a mechatronics technician, mechanic for agricultural machinery / construction machinery or car mechanic. The Technician must have experience in the repair of mechanical, hydraulic, electrical, and electronic systems. expertise and professional experience of at least three (3) years.

Either the Meister, Journeyman or the technician must possess the ability by certificate to carry out the test according to

FEM.4.004.

Either the Meister, Journeyman or the technician must possess current welding permit by DVS - Deutscher Verband fuer Schweissen und verwandte Verfahren e V / DVS - German Welding Society Aachener Str 172, 40223 Dusseldorf, www dvs-ev.de.

Contractor is responsible for ensuring all employees have current training certificates for repairing the items in this contract.

Any Contractor personnel driving the MHEs are required to be in possession of all mandatory driver licenses. Any Contractor personnel using the overhead crane in the maintenance shop to repair equipment are required to be in possession of a crane operator license. All trade certificates and licenses shall be provided to the KO, by way of the KO’s Representative (COR) within thirty (30) days after the contract start date (A.020).

1.12 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 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). DLA Distribution Europe Security Manager provide to the Contractor and subcontractors an easily readable badge for identification and buildings access as well as a blue vest that identifies them as contactor. The badge includes the name, and a recent color photograph of the contractor (DLAI 5200.08, Volume 3 Physical Security Program: Access to DoD Facilities). The U.S. Government require their employees and contractors to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The COR shall collect all ID Badges upon completion of the contract or termination of employee. The US Government is not responsible for any additional fees/costs for time lost due to the contractor’s loss or misplacement of ID Badge to access the facility.

1.13 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.

1.14 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.

http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

1.15 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 immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (A.021). 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 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.

1.16 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 fourteen (14) calender days 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.

1.17 Safety: The following provides information pertaining to Safety and Accident Prevention: For any work performed at U.S. Government installations, the Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all material needed and work performed until completion and acceptance of Contractor the entire work. (Reference AR 385-10 “The Army Safety Program”).

1.17.1 Safety Plan and Program: The Contractor shall provide a Safety Plan to the COR no later than 30 days after award of contract (A.022). The plan shall identify the environmental dangers associated with the services provided and shall list all measures to be implemented to minimize and prevent possible accidents due to the nature of the service. While operating and repairing MHE on military installations, the Contractor shall wear personal protective equipment to include but not limited to;

safety goggles/glasses and protective headgear. The Contractor shall follow the regulations outlined in AR 385-10. The Contractor shall at all times keep the work area free from accumulations of waste materials. Before completion the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding equipment, and materials that are not the property of the U.S. Government. Upon completion the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Government. (Reference AR 385-10 “The Army Safety Program”). The Contractor must have an annual equipment test (DGUV 3) carried out in accordance with German law on all equipment with plugs in its possession and used by DLA Distribution Europe. The test results must be submitted to the COR no later than fourteen (14) calendar days after the test.

1.17.1.1 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 DLA’s Safety Office fourteen (14) calendar days. 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.

http://www.usace.army.mil/

(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) Safety vest

1.17.1.2 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 (A.023). 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.

1.17.1.3 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 (3) days from date that such notifications were made (A.024).

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

1.18.1 Environmental Compliance Plan and Program: Spill reporting procedures for Contractors working at U.S. Army garrisons. (Reference AR 200-1 “Environmental Protection and Enhancement”).

Range of Application (Scope) Procedures to be followed in the event of a spill of hazardous substances caused by vehicles or equipment during Contractor’s work performance at the terrain of the respective US Army Garrisons.

a. Hazards for Human and Environment:

(i) Release of hazardous substances (usually Petroleum, Oil, Lubricants (POL) products) during accidents.

(ii) Release of hazardous substances (usually POL products) caused by equipment failure.

(iii) Release of hazardous substances during transportation of hazardous substances / waste (not class 1, explosives).

b. Protective Measures and Procedures: The following requirements are to be met to operate a U.S. Government-owned vehicle:

(i) Valid and appropriate driving license for the vehicle.

(ii) Valid hazardous cargo driving license for transportation of hazardous material.

(iii) Follow the regulations of the Traffic Law (StVG, StVO, StVZO, ADR).

(iv) Securing of cargo according to VDI 2700 and ADR.

(v) Carry spill equipment (e.g., absorbent, absorbent pads etc.).

c. Procedures when Hazardous Substances are released:

(i) The local U.S. Fire Department shall be notified immediately if hazardous substances as well as hazardous waste or operational substances (Diesel, hydraulic fluid, etc.) are released caused by failure of vehicles.

(Phones: Kaiserslautern: 0631-303-69-112).

(ii) In addition, the German Police shall be notified if quantities released exceed 8 gal (30 l) or 110 lbs. (50 kg).

Immediate protective measures shall be performed by the Contractor. The necessary spill clean-up shall be executed by the Contractor or his agent.

d. Emergency Procedures – First Aid:

(i) Secure accident site

(ii) Inform Local Fire Department and Emergency First Responder

(iii) Care for injured persons

e. Refueling, Maintenance, Disposal

(i) During refueling of vehicles/equipment, appropriate precautions shall be taken to prevent damage of the environment.

(ii) Maintenance of vehicles/equipment is approved on paved surfaces (concrete, asphalt) only.

(iii) Disposal of hazardous substances or contaminated soil caused by accidents or Contractor’s equipment shall be performed by the Contractor or his representative. A copy of the disposal documents shall be sent to the respective Environmental Office with a copy provided to the COR.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards.

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

1.19.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including 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 fifteen

(15) 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 for each affected Contractor employee and subcontractor employee to the COR (or to the KO, if a COR is not assigned) within ten (10) days, after completion of this training by all employees and subcontractor personnel (A.025). AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training, which shall be completed as required by local AT policies.

https://jkodirect.jten.mil/

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 ten (10) days after completion of the training (A.026)

1.19.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be provided to the COR within ten (10) days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months. Verification of the training shall be provided to the COR within ten (10) days after completion of the training.

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 location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the OPSEC training shall be provided to the COR within ten (10) days after completion of the training (A.027).

1.19.3 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 iWATCH training shall be completed within thirty (30) days (A.028) after the contract is awarded and within fifteen (15) days (A.028.2) after new employees commence contract performance, with the results reported to the COR within ten (10) days (A.028.3) after the training is performed. Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.20 Authorization to Perform Services in Germany

1.20.1 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.

1.20.2 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.

1.20.3 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.

1.24 Notice to Proceed: The notice to proceed will be provided as indicated below.

A notice to proceed letter will be issued from the KO to the Contractor.

1.25 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.

http://www.cdse.edu/catalog/elearning/GS130.html http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.26 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.