A02_PWS dated 3JAN21.docx

Performance Work Statement (PWS) Maintenance, troubleshooting, and repair of generator systems at USAG Bavaria, Tower Barracks Grafenwoehr, Rose Barracks Vilseck and Garmisch

3 January 2021

1.0 Introduction.

This is a non-personal services contract to provide Base Operation and Support Services for the U.S. Army Garrison (USAG) Bavaria, Tower Barracks Grafenwoehr, Rose Barracks Vilseck and Garmisch. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.1 Background. Annual maintenance, troubleshooting, and repair of emergency power generators at USAG Bavaria –USAG Bavaria – Grafenwoehr, Vilseck and Garmisch is located in the Free State of Bavaria, Germany.

1.2 Objectives. The Contractor shall ensure all work accomplished in the performance of this PWS meets all maintenance and repair standards consistent with the original equipment manufacturer’s recommendations; all applicable laws and regulations of Federal Republic of Germany as well as the State of Bavaria and U.S. Government laws, regulations, and directives to include, but not limited to, the applicable publications listed in Section 7.0, Related Documents.

1.2.1 The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conforms to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract. Without additional expense to the Government, the Contractor shall obtain/ensure subcontractors obtain all licenses, and permits required to perform this work under this contract. The intent is to establish work requirements that are performance-based and results oriented. This approach is intended to allow the Contractor to determine the best and most cost effective ways to fulfill base operations and their component needs, emphasizing innovation and commercial best practices.

1.3 Climatic Conditions: N/A.

1.4 Facility Access. The Contractor shall ensure access to all fire detection and suppression systems in case of emergencies or for other Fire Department purposes. The Contractor shall inform the Fire Department point-of-contact (POC), prior to outages that will impact the function of the system, special problems or circumstances, which require USAG Bavaria Fire Department inspection. The Fire Department will reset alarm systems to operational status.

2.0 Requirements

2.1 Description of Services. See Section 5.0 for the specific Common Level of Support (CLS).

2.1.1 Non-Personal Services. The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.2 General Information.

2.2.1 Transition (Phase In/Phase Out). A Phase In/ Phase Out will not be utilized for this contract.

2.2.2 Place of Performance and Hours of Operation.

2.2.2.1 Place of Performance. The work to be performed under this requirement will be performed throughout the entire area occupied by Army Garrison Bavaria, Grafenwoehr, Vilseck and Garmisch, Germany and at any pertinent locations in and around Army Garrison Bavaria, Grafenwoehr, Vilseck and Garmisch, Germany is located at Technical Exhibit 1-3.

2.2.2.2 Hours of Operation. The Contractor shall conduct business, between the hours of 0700 to 1600, Monday through Friday, excluding Federal holidays or when the Government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall 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.

2.2.2.3 Installation Closures. When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a recognized Federal holiday, and when routine work is not scheduled for that day; or reschedule the work for the next business day following the closure.

2.2.2.4 Inclement Weather Delay. If the Contractor determines unsafe weather conditions for continued operations, the Contractor shall notify the Contracting Officer (KO) or Contracting Officer Representative (COR) two (2) hours prior to curtailing operations due to inclement weather. The Contractor shall obtain KO/COR approval to resume operations.

2.2.2.5 The Contractor shall coordinate with COR in preparation for and during emergency operations situations such as inclement weather, flood, active shooter, fire or other emergency situations. The Contractor may be called upon to deliver a wide variety of services to the installation through an emergency COR in support of emergency response. The Contractor shall be required to provide all normal services during an emergency response unless otherwise directed by the KO.

2.2.2.6 Federal Holidays. The Contractor shall not be required to work on United States Federal public holidays listed below. Holidays occurring on weekends will observed as directed by the Federal calendar (5 U.S.C. 6103)

The American National Holidays include:

German/Local National holidays as applicable in the state of duty. The Contractor is responsible for contacting the respective COR for specific holiday restrictions that may apply to the performance of this requirement.

2.3 Emergency Services.

2.3.1 Emergency Medical Treatment. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the KO or COR no later than (NLT) two (2) hours of the incident. The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel. However, the Government will provide, on an emergency basis, medical services for injuries incurred while an employee is performing under the contract. The Contractor shall reimburse the Government for emergency medical services provided, upon receipt of invoice from the medical facility. Reimbursement shall be made to the US Government.

2.3.2 Accident Reporting. The Contractor shall comply with Operational Safety and Health Administration (OSHA) for record keeping and reporting of all accidents resulting in death, injury, occupational disease, or adverse environmental impact. The Contractor shall provide a verbal report to the KO or COR within one (1) hour of each such occurrence. A completed typed original plus one (1) copy of an Accident Report DA Form 1285-AB (or equivalent reporting form) shall be delivered to the KO or COR within five (5) business days of occurrence, whenever an accident involving personal injury or USAG Bavaria Government owned property occurs.

2.4 Contract Administration and Management.

2.4.1 Post Award Conference/Performance Evaluation Meetings.

The Contractor shall attend the post award conference convened by the Contracting Activity or Contract Administration Office as agreed upon and stated in the contract award document. Written minutes of meetings will be recorded by the Contractor and signed by both the Project Manager (PM) and the KO. The written minutes will be distributed within five (5) business after the meeting. If the Government does not concur with any portion of the minutes, recorded by the Contractor, the non-concurrence shall be provided in writing by the KO/COR within two (2) workdays following receipt of the minutes. Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

2.4.2 The following provides the roles and their respective authority during the performance of the contract:

2.4.2.1 Contracting Officer (KO). The KO is the only person authorized to make any changes in any of the requirements listed on this PWS; notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change will be considered to have been made without authority and solely at the risk and expense of the Contractor. All contract administration will be effected by the KO. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviations from the terms and conditions shall be effected without a written modification to the contract, executed by the KO authorizing such changes. The KO will approve all submittals and plans required in this PWS.

2.4.2.2 Contracting Officer’s Representative (COR). The KO will appoint a COR during the performance of this requirement. Additional Government personnel may be designated to assist in contract oversight IAW (Army Regulation) AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR and shall be trained and appointed IAW Department of Defense Instruction (DoDI) 5000.72, Department of Defense (DoD) Standard for Contracting Officer’s Representative (COR) Certification. The COR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR will perform IAW the responsibilities and duties identified in the appointment letter.

2.4.2.3 COR Authority. A letter of designation will be issued to the COR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR, especially with regard to changes in cost, price estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order.

2.4.2.4 COR. The COR shall monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure 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; monitor, document, and report Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and provides direction or assistance for site entry requests of Contractor personnel.

2.4.2.4.1 The Contractor shall not in any way represent the United States (U.S.) Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

2.4.3 Contractor Key Personnel. Shall be designated in writing to the KO at the start of the contract. These key personnel shall be available 24/7/365 including Federal holidays. These individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

2.4.3.1 Project Manager. The Contractor shall provide a Project Manager (PM) who is responsible for the performance of the work. The PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The PM shall have five (5) years of experience in base support management or a contract similar in scope and breadth to this solicitation. The name of the PM shall be provided to the KO and shall be present and on-site and available during normal duty hours. In the circumstances when the PM is not available, the Contractor shall designate an alternate who can perform the same duties during the absence.

2.4.4 Contractor Requirements.

2.4.4.1 Qualification Standards. The Contractor shall ensure all Contractor’s employees and associated subcontractors who will conduct maintenance, trouble-shooting, and repair of generator systems under this PWS are experienced, specialized, and qualified persons who have thorough knowledge of the generator systems listed in TE1, TE2 and TE3 3 and aware of dangers and accident emergency measures related to work with these systems. Therefore, the Contractor shall provide evidence that the persons to carry out maintenance, troubleshooting, and repair of generator systems under this PWS have:

a) a formal professional qualification for working with these systems in the field of Electrical Engineering (Elektrotechnik), and/or in electrical power engineering (Elektrische Energietechnik), and qualification of electrical engineering master technician for energy and building technology (Elektromeister fuer Energie und Gebaeudetechnik).

The contractor will provide to the COR at the Post award conference evidence of training with the systems listed in TE1, TE2 and TE3 List of Systems and possess certificates of trainings for standards and safety regulations for electrical and information technology of the German Association of Electrical Engineering (VDE, Verband der Elektrotechnik).

2.4.4.2 Contractor Identification. The Contractor shall ensure that personnel be identified as a Contractor to distinguish themselves (e.g., badge, company logo, or uniform) from Government employees. The Contractor shall ensure all correspondence and reports produced are marked as Contractor products or that Contractor participation is disclosed. Contractor owned/leased vehicles and equipment should be identified.

2.4.4.3 Standards of Conduct. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

2.4.4.4 Contractor Hiring Restrictions. The Contractor shall not hire or sub-contract with off-duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.4.5 Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the KO corrective action plans, timely identification of issues, and effective management of subcontractors. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.4.6 Manual Operations; N/A

2.4.7 Interactive Customer Evaluation (ICE): N/A

2.5 Work Management. Applicable to all CLS’. All coordination requirement in this section and inherent to this Contract shall take into consideration the DPW WR and their operations. Work requirements and timelines shall include coordination with the COR.

2.5.1 Coordination. As a part of the work scheduling process, the Contractor shall coordinate all work with the Building/Facility Manager in charge of the facility where the work is to be done.

2.5.2 Work Clearance: N/A

2.5.3 Work Status. The status of all assigned work shall be available to the COR within one (1) hour of Contractor receipt of request during normal working hours.

2.5.4 General Fund Enterprise Business System (GFEBS). GFEBS is the web-based asset and accounting system for the Government. The Government will use GFEBS as a production scheduling and monitoring system for determining the status of work, maintenance, and repair expenditures against individual facilities. GFEBS is the official system of record for all Real Property Maintenance Activity (RPMA). NOTE: Primary GFEBS input will be accomplished through a DPW WR.

2.5.5 Work Standards. The technical specifications within this PWS define the quality of maintenance and repair accomplished under this Contract. When a standard is not directed, the Contractor shall perform required work to meet industry trade customs and practices and manufacturer's recommendations. If floors, cabinets, appliances, foundations, and other items are removed in order to gain access to the system component to be repaired, the Contractor shall return any repaired area to a condition comparable to the original construction after work is completed. Any Government- or occupant-owned property damaged by the Contractor shall be repaired or replaced immediately at contractor’s expense.

2.5.6 Disposal. All refuse generated by this Contract shall be legally disposed of, meeting all laws and regulations under restriction of Federal Republic of Germany as well as the State of Bavaria and U.S. Government and Installation guidelines for disposal (including disposal of hazardous materials). Hazardous waste materials shall be disposed of IAW applicable Federal, State, and local statutes. Refuse shall be disposed of on a regular basis in order to ensure a neat and orderly appearance of the Contractor's area of responsibility and its surrounding areas. Roll-offs shall be used for large quantities of refuse. Large and bulk items shall be broken down to maximize the roll off dumpsters’ capacities. The burning of debris, waste material, and other salvageable items is prohibited on the Installation. The Contractor may be able to use Government provided recycling containers as available strictly for recyclable materials accepted by the Recycling Service Contract in effect at the time. Papers, plastics 1-7, aluminum and tin cans shall be recycled. Any misuse of the recycling containers shall be corrected by the Contractor as directed by the DPW or the applicable Quality Recycling Program (QRP) representative, the recycling contractor, or the COR.

2.5.7 Environmental Requirements. The Contractor shall meet all requirements of the DPW Environmental (ENV).

2.5.7.1 Particulate Matter. The Contractor shall use water, or suitable oil or chemicals approved by DPW-ENV, to control dust in the demolition of structures, work operations, work performed on a road, street, or parking area, in the clearing of land.

2.5.7.2 Construction (Storm Water) permits. When the Contractor activities result in soil disturbance, the Contractor shall meet the requirements and laws of the State Environmental Protection Agency known as Bundesministerium fuer Umwelt, Naturschutz und nukleare Sicherheit and restriction of the Federal Republic of Germany, the State of Bavaria, and the U.S. Government and installation guidelines.

2.5.7.3 Utility Clearances. N/A

2.5.7.4 As-Built Drawings. N/A

2.5.7.5 Maintenance of Work Site. The Contractor shall remove from the work area, at the end of each day and completion of the job, all waste, material, and by-products resulting from work performed. If applicable, the Contractor shall return usable material to a designated storage area for reuse. The Contractor shall ensure all job sites are secured during inclement weather to avoid damages or windblown materials.

2.5.7.6 Installation Recycling Program. The Installation Recycling Program is a resources conservation effort managed and operated by the DPW-ENV IAW DoD regulations.

2.5.7.7 Actions and Delivery. N/A

2.5.7.8 Facilities, Systems, and Equipment Identified for Future Replacement.

Regardless of whether specific facilities, systems, or equipment have been identified for future replacement by the Government, the Contractor shall perform maintenance and repair of the equipment as outlined in this PWS, unless otherwise directed by the KO.

2.5.5.4 Energy Conservation Standards. The Contractor shall provide material and equipment (such as lamps) which meet the requirements of the energy conservation program. Electrical equipment and fixtures shall be high efficiency Energy Star rated equipment.

2.6 Demand Maintenance Orders (DMOs).

2.6.1 Directorate of Public Work (DPW) Work Reception (WR): N/A

2.6.2 DMO Call Receipt and Entry: N/A

2.6.3 Completed Work: N/A

2.6.4 Materials.

The Contractor shall be responsible for all materials required for DMO repair work. For clarity, the price for DMOs reflected in the Pricing Matrix and applicable contract CLINs shall be inclusive of all DMO related repair costs.

2.7 Security

2.7.1 Access and General Protection/Security Policy and Procedures. The Contractor and all associated subcontractors employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by DoD, Headquarters Department of the Army (HQDA), and local policy. The KO/COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

2.7.2 Rules, regulations, direction, and requirements issued by the Commander apply to the Contractor. The Contractor shall become acquainted with and comply with all Government regulations as posted, or as required by the KO. Regulations, manuals, and technical documents applicable to this Contract are listed in Section 6.0 of this PWS. Control for classified publications requirements can be located in AR 380-5, Department of The Army Information Security Program, and secured in a filing type cabinet with a built-in locking device with tumblers and General Services Administration (GSA) approved security container.

2.7.3 Government Vehicles: N/A

2.7.4 Contractor Vehicle Registration. Currently there is no requirement to register Contractor owned vehicles with the Provost Marshal or Directorate of Emergency Services. However, the Contractor shall maintain a list of all Contractor-owned or operated vehicles and trailers operating on the installation at all time. The list may be used in case of emergency and/or other contingency.

2.7.4.1 Contractor and all associated subcontractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by DES) IAW Army Directive 2014-05. The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office or DES, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2.7.5 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors 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. Contractor workforce must comply with all personal identification verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. All Contractor personnel and their vehicles, equipment, and packages are subject to inspection or examination (search) at entry/exit of the USAG Bavaria Tower Barracks Grafenwoehr, Rose Barracks Vilseck and Garmisch.

2.7.6 Physical Security. (Only applicable to Government Furnished Property (GFP) and Facilities).

The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use IAW AR 190-13, The Army Physical Security Program. The Contractor shall maintain a physical security checklist or log (e.g., Standard Form (SF) 701, Activity Security Checklist), which will be forwarded to the KO/COR, no later than (NLT) the 10th of each month, following the month of surveillance. The Contractor shall secure Government facilities, equipment, and materials at the close of each work period. The Contractor, as a general rule, shall not have access to classified information; however, should Contractor personnel find classified documents in a waste basket and or recycle container, the Contractor shall immediately contact the KO or COR for disposition instructions.

2.8 Security Training.

2.8.1 Anti-Terrorism (AT) Level I Training. IAW AR 525-13, Antiterrorism, all Contractor employees, including sub-contractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete Antiterrorism (AT) Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of the requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected contract employee and subcontractor employee to the KO or COR within 30 calendar days after completion of training by all employees and subcontractor personnel on a recurring annual basis. AT Level I awareness training is available at the following site: http://jko.jten.mil.

2.8.1.1 If access to a computer is not available, the unit’s Level II Anti-Terrorism Officer (ATO) will conduct AT Level I training for the Contractor and employees within 30 business days after contract start and maintain a copy of the attendance roster for one (1) year. Any Contractor hired after contract start will be required to receive AT Level I training within 30 calendar days by Rose Barracks Vilseck ATO. It will also be acceptable for the new hire to take the training on line and present the training certificate to the KO or COR within 30 calendar days. If the requiring activity does not have an ATO, the first ATO in the chain of command will conduct this training.

2.8.2 iWATCH Training. The Contractor shall brief the local iWATCH program (training standards provided by the Rock Island’s ATO) to all of Contractor’s employees and associated subcontractors. This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Rose Barracks Vilseck, Police Department and the COR. The Contractor shall complete the training within 30 calendar days after contract award and within 30 calendar days of new employees commencing performance and send to the KO or COR via both electronic and paper copy within 30 calendar days of completion. Documentation to be used by the COR to satisfy this requirement can be found at: https://fscxcorp.com/

2.8.3 Operational Security (OPSEC) Awareness Training. IAW AR 530-1, Operations Security, Contractor employees shall complete Level I OPSEC Awareness training within 30 calendar days after contract award and within five (5) calendar days of new employees commencing performance. Completion certificates will be made available to Government within ten (10) business of completion or upon request from the Government. All Contractor personnel shall complete Level I OPSEC Awareness training annually. Level I OPSEC training is available at the following website: http://cdse.edu/catalog/elearning/GS130.html.

2.8.4 If applicable, the Contractor shall identify to the KO or COR a POC to receive force protection/threat related advisories via Non-Classified Internet Protocol Router (NIPR) network email from the installation AT and OPSEC officers for the duration of the contract.

2.9 Safety. The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program.

2.9.1 Safety Plan. The Contractor shall develop and implement a safety plan for its employees. The Contractor shall submit the safety plan to the KO/COR for review and acceptance within 30 business days after contract award. Revisions shall be submitted to the KO/COR five (5) business days prior to the effective date of change.

2.9.2 Occupational Safety and Health (OSHA). The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) standards and all pertinent provisions 29 CFR Part 1910, Part 1917.152, Part 1915.501-509, and Part 1926; Federal and State environmental regulations; DoD and DA regulations and instructions, AR 385-10; and the U.S. Army Corps of Engineers’ Safety and Health Requirements Manual (EM-385-1-1). The Contractor shall comply with all laws and regulations of Federal Republic of Germany, the State of Bavaria and the U.S. Government. The Contractor shall establish medical surveillance, industrial hygiene, and individual protective equipment programs sufficient to meet requirements delineated in OSHA standards.

2.9.3 Reporting of Fire and Safety Hazards. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor.

2.9.3.1 A Hot Work Permit Log shall be issued by the Tower Barracks Grafenwoehr, Rose Barracks, Vilseck and Garmisch Fire Department; it will be maintained and presented to the KO or COR upon request. The Contractor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The KO and COR shall be notified of deficiencies beyond the terms of this contract.

2.10 Training, Physical Requirements, or other Expertise Required. N/A

2.11 Recycled Content Materials.

2.11.1 Green Procurement: N/A

2.11.2 Construction and Demolition Diversion: N/A

2.11.3 Environmental Compliance. The Contractor shall comply with all laws and regulations of Federal Republic of Germany, the State of Bavaria and the U.S. Government Installation guidelines The Contractor shall use, store and dispose of all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, Federal and State laws, and according to manufacturers’ recommendations. The Contractor shall be financially liable for all fines and associated costs for non-compliance with local, Federal and State laws regarding hazardous waste management including but not limited to: hazardous materials spillage, improper handling and transportation and improper waste disposal. The Contractor shall make all environmental and hazardous material records available the next duty day upon request from the KO or COR.

2.11.4 Hazardous Waste. N/A

2.11.5 Environmental Management System (EMS).

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

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

2.11.6 Perform Hazardous Material Work. N/A

2.11.7 Spill Plan. The Contractor shall comply with the USAG Garrison Bavaria Spill Prevention Control and Countermeasure Plan. The Contractor shall submit a Spill Plan to the KO or COR for approval within 14 calendar days of contract award. The Contractor shall verbally notify the KO and COR within 24 hours, followed by written notification as required in the USAG Garrison Bavaria Spill Plan, if the Contractor spills or releases any hazardous substances, (i.e., substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification.) Any spillage caused by the contractor during work performance has to be handled, cleaned and disposed of by contractor and to the contractor’s expense.

2.12 Emergency Utilities Operating Procedures. The Contractor shall explain in his Quality Control (QC) Plan how the Contractor proposes to utilize his personnel, materials, and equipment to respond to and accomplish emergency maintenance or repair work during all regular and non-regular duty hours for any utility outages. The QC Plan shall include a procedure to follow in the event that electrical power to buildings or portions thereof is lost; a procedure to follow in the event of a water supply emergency due to interior or exterior secondary water distribution line ruptures, freeze-ups, or contamination of the water supply; a procedure to follow in the event of a natural gas or propane emergency; a procedure to follow in the event that the Installation sewage collection systems malfunction due to stoppage in the collection mains, failure of sewage lift stations, or a pipeline rupture; and include a procedure to follow in the event of an Uninterrupted Power Supply (UPS) or Emergency Generator outage or breakdown. The plan shall outline a contingency plan for providing repair, replacement, or backup power sources such as rental units during the outage or breakdown.

3.0 Performance Requirements and Standards.

3.1 Quality Assurance. The Government will evaluate the Contractor’s performance under the contract IAW the Government’s Quality Assurance Surveillance Plan (QASP). The Performance Requirements Summary (PRS) defines the criteria of how the Contractor’s performance will be evaluated, the frequency of surveillance, and the items to be inspected. Although the Government will develop a QASP, Government surveillance of Contractor performance is not limited to the QASP, or the performance objectives, outlined in the PRS. The Government retains the right to evaluate all services required by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work.

3.2 Quality Control Plan (QCP). Quality control is the responsibility of the Contractor. The Contractor shall develop, implement and maintain an effective quality control program which shall be documented in a QCP to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure no recurrence of defective services. The Contractor’s QCP is the means by which they assure themselves that the work conforms to contract requirements. The basic principle of the plan is that the Contractor is responsible for quality control. The plan shall include a description of the inspection system to address services listed in this PWS, and a description of the methods to be used for identifying and preventing defects in the quality of services performed. The plan shall include a description of the Contractor’s inspection system to include specifics as to areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the Contractor’s inspectors. No lead person or first line supervisor shall be considered a Quality Control Inspector. The Contractor shall develop, maintain, and submit a QCP to the KO and the COR for acceptance within 30 business days after contract award. The Contractor shall submit any proposed changes in the QCP to the KO and COR for written approval five (5) business days prior to implementation.

3.2.1 Quality Control Files. The Contractor shall maintain files of all inspections or tests conducted by the Contractor, to include any corrective actions taken. These files shall be subject to Government review at the COR’s discretion during the contract term, to include any extensions of contract term. The Quality Control Files will be the property of the Government and shall be turned over to the Government upon completion or termination of the contract.

3.3 Customer Feedback Program. The Contractor shall establish and operate a customer feedback program as part of the QCP.

4.0 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs)

Includes trial run and visual check IAW manufacturer’s specifications and regulations IAW PWS 7.2

Inspections performed IAW manufacturer’s specifications and regulations IAW PWS 7.2

5.0 Common Levels of Support (CLS)

The Contractor shall provide overall management, supervision, personnel, labor, generalized or specialized equipment necessary to maintain, repair, operate and perform all the CLS functions of the Base Operations specified below. This shall be done IAW all the terms, conditions, general and special provisions, specifications, drawings, attachments, and exhibits contained herein or incorporated by reference.

The Contractor shall ensure that all work meets or exceeds the specifications for the listed CLS

6.0 Deliverables

Deliverable

AT level I Training (PWS, para 2.15.1)

iWatch Training (PWS, para 2.8.2)

Quality Control Plan (QCP) (PWS, para 3.2)

KO or COR

Cost Estimates (Attachment 1 para 1.3.1 & 1.7)

Repair Work Schedule (Attachment 1 para 1.3.1.1)

7.0 Related Documents.

7.1 Definitions and Acronyms

7.1.1 Definitions.

Acceptable Quality Level (AQL). The AQL is the maximum percent defective (or the number of defects per hundred units) for the purposes of sampling inspection can be considered satisfactory.

Alternate Contracting Officer’s Representative (ACOR). An employee of the U.S. Government provided by the RA and appointed by the KO to provide support to CORs in monitoring and documenting the Contractor’s performance. These alternate surveillance support personnel will serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR.

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

Contract Administrator (CA). The official Government representative delegated authority by the KO to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters.

Contract Discrepancy. A failure of the Contractor to perform IAW contract requirements and specifications, e.g., a failure of the Contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract requirements.

Contract Discrepancy Report (CDR). A report used to document other than satisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is other than satisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

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

Contractor Acquired Property (CAP). Property acquired, fabricated, or otherwise provided by the Contractor for performing a contract. Contractor retains title.

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

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

Defective Service. A service output that does not meet the standard of performance associated with the PWS.

Deliverable. Anything that can be delivered; can include non-manufactured things, such as meeting minutes or reports.

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

General Fund Enterprise Business System (GFEBS). GFEBS is the U.S. Army's web-based enabled financial, asset, and accounting management system that standardizes, streamlines, and shares critical financial data across the Active Army, the Army National Guard, and the Army Reserves. GFEBS is the work management system that the Directorate of Public Works uses for all order types and projects.

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

Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and Government purchased 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.

Hazardous Material. Any item or chemical, which is a “health hazard”, or “physical hazard”, as reflected in Federal Standard (FED-STD) 313 Material Safety Data and Disposal Data for Hazardous Materials Furnished to Government Activities, defined in OSHA 29 CFR 1910, and pursuant to FAR 23.301 (Hazardous Materials) Definition. It also includes any other material designated by a Government COR/technical representative as potentially hazardous and requiring safety controls (e.g., pesticides, fertilizers).

Installation Design Guide (IDG). IDGs provide standards for site planning, buildings, vehicular and pedestrian circulation, landscaping, site elements (e.g., signage, utilities), force protection, and sustainable design. The IDGs are specific to each Army installation.

Key Personnel. Contractor personnel evaluated in a source selection process and are used in the performance of a contract. 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 who are listed in the proposal. The prime Contractor is responsible for performance of all subcontractors.

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

Lot. A collection of service outputs from which a sample is to be drawn and inspected to determine conformance with the standard. This definition applies to the Performance Requirements Summary (PRS), not the word "lot" in Section B of the contract.

Lot Size. The number of service outputs in a lot. This definition applies to the PRS, not the words "lot size" in Section B of the contract.

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

Material Handling Area. The material handling area is used for the accumulation and preparation of bulk solid waste or recyclable materials for transportation to a solid waste management facility.

Non-Combustible Material. Material that doesn’t burn at ordinary temperatures.

Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.