A03_PWS ACS SUPPORT 11282022.QA Final.docx

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Attached to
Army Community Support (ACS) Services Federal contract opportunity
Solicitation number
W912CM-23-Q-0002
Issued by
Department of the Army Materiel Command Army Contracting Command

About this file

This document provides a draft performance work statement and attachment for a solicitation seeking Army Community Support services. Key details include:

  • The Regional Contracting Office, Wiesbaden intends to solicit and competitively award a single non-personal services contract to provide Army Community Support services within the United States Army Garrison Wiesbaden, Germany. The contract would have a one-year base period and two one-year options.

  • The solicitation number is W912CM-23-Q-0002 and will be issued on or about December 16, 2022 via BETASAM. Interested offerors should note the attached draft performance work statement and reference sheet are for planning purposes only and may change in the final solicitation.

  • The proposed period of performance start date is on or around February 1, 2023. Offerors must be registered in the System for Award Management database at the time of proposal submission.

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PERFORMANCE WORK STATEMENT (PWS)

Army Community Service (ACS) ACS Support Services

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal services contract to provide the Army Community Services (ACS) USAG Wiesbaden Relocation Support, Reception and Administrative Services. The Government shall 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.

1.2 Background: Army Community Service (ACS) assists commanders in maintaining readiness of Soldiers, Families, and communities by developing, coordinating, and delivering services to promote self-reliance, resiliency, and stability.

1.3 Scope: The Contractor shall provide non-personal service(s) 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 United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6 of this PWS. 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 shall provide all personnel, to perform services as described in the PWS and associated contract documents.

1.4 Objectives: To assist the Army Community Service in providing military personnel, DoD civilians and their family members a range of ongoing and specialized services within the Relocation Readiness Program, reception, intake information and coordination, and administrative services in the Wiesbaden Military Community.

1.4.1 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years.

1.5 General Information

1.5.1 Quality Control Plan (QCP):

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

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

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

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

b.How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?
c.How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?
d.How will the Contractor monitor and ensure staff qualifications remain current and valid throughout contract performance?
e.How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?
f.How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?
g.How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?
h.How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.1.1 Reserved.

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance immediately, but no later than within four (4) hours of identifying those issues. Verbal reports shall be followed up by written reports within one (1) work day. (Deliverable #2).

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

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

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. The contractor is not required to perform services on federal holidays.

New Year’s Day - January 1stM. L. King Memorial Day 3rd Monday in January
Presidents Day - 3rd Monday in FebruaryMemorial Day last Monday in May

Juneteenth - 3rd Monday in June Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. The Contractor is responsible to inform itself about local Host Nation Holidays of the Area/Country the work will be performed.

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

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are from 0800 to 1700hrs, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0800 and 1700hrs, however, Army Community Service may be open during local or national emergencies when the activation of the Family Assistance Center is deemed necessary by the United States Army Garrison (USAG) Commander and operating hours may change to accommodate the situation. Should the activation of the Family Assistance Center not occur, Army Community Service may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and this will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support starting at 0800hrs and ending at 1700hrs, Monday through Friday. These days and hours may need to be adjusted should the Family Assistance Center be activated by the USAG Commander due to local or national emergencies. Any adjustment will under no circumstances create overtime for the Contractor and will only happen when and if possible without incurring overtime. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Additionally, the Contractor shall be responsible for conducting the Basic Conversational German Language class as follows`: two sessions weekly, morning session (1130 to 1300); and evening session (1900 to 2030). The days shall be coordinated with the government (Relocation Program Manager and COR) at the ACS provided facility. The hours for the language will be offset by reduced hours during the day.

1.5.4.3.1 Contractor Work Plan: Reserved.

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

1.5.6 Place of Performance: The work to be performed under this contract will be performed at ACS facilities (currently Buildings 07780, 07790, and 07791 on Hainerberg), USAG Wiesbaden Garrison facilities, and any other location within the USAG Wiesbaden footprint that ACS may move to during the life of this contract. And for walking tour purposes including the neighboring cities of Limburg, Ruedesheim, Mainz and Frankfurt.

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

1.6.1 Security Program: Contractor personnel performing work under this contract require access to US Government facilities and must comply with the Local National Screening Program in Germany, Army Regulation 604-1. Contract requirement: Anti Terrorism/ Operation Security (AT/OPSEC). It is the Contractor’s responsibility that all affected employees and subcontractor personnel complete all applicable and appropriate security trainings (e.g. AT Level 1 training). The AT Level 1 course is available at the following website: JKO LCMS (jten.mil)Certificates of completion shall be forwarded to the COR NLT five (5) calendar days after the Contractor complete the training (The Requiring Activity's (RA) unit security monitor is responsible for initiating this form.

1.6.2 Personnel Security Clearance Requirements: Reserved.

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

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements. The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf.

1.6.3.1 Reserved.

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) working days.

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

1.6.3.4 Common Access Cards (CAC): Common Access Cards (CAC): The Contractor shall provide the following information: Last, First Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR with 15 calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer) (Deliverable #3). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.5. Contractor shall obtain maintain and safeguard a CAC card for the computer usage and network access. The Contractor is responsible to complete all training and certification requirements to obtain the CAC and initiate DD Form 2875 (Systems Authorization Access Request) requirements for Government network access within 3 working days of contract award. Once Government network access is obtained, the Contractor shall obtain access to the Army

1.6.3.4.1 Reserved.

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

1.6.4.1 U.S. Citizen: Contractors that work with ACS are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, receive an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR of each favorable background check within 5 calendar days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #4). The Contractor shall forward a copy to the COR of each unfavorable background check within 5 calendar days of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

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

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

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

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

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

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

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0800-1700 Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The qualifications for the Contractor are as described below and shall be provided to the COR within 30 days of obtaining contract: (Deliverable #6)

a. The Cultural Adaptation and Relocation Support Services Special Qualifications:

1. Contractor shall possess at a minimum an Associate’s Degree (or equivalent to a minimum of two year secondary education with certificate or degree) in the Social Science or Public Relations related field, and one (1) year of work or volunteer experience in providing services to newcomers in a military community equivalent to the scope and requirements as outlined in the PWS within the last two years.

2. Contractor shall have proficiency in German customs and culture and the ability to conduct classes, answer questions, and adapt material to satisfy the requirements of this PWS and demonstrate that the Contractor can work effectively to provide unofficial translation services and presenting cultural awareness material to the USAG Wiesbaden Community.

3. Contractor shall be able to read, write, and speak both German and English at a Level 4 (fluency) IAW English Language Fluency Clarification. (Attachment 3).

4. Contractor shall have a minimum of one (1) year experience in conducting briefings,trainings, preparing formal and informal correspondence, memorandum, reports, and data collection, and creating lesson plans for classes.

5. The CV provided for the Cultural Adaptation and Relocation Support Services and Alternate must demonstrate these special qualifications.

b. The Reception and Administrative Services Special Qualifications:

1. Contractor shall be able to access the installation or be a DoD ID card holder.

2. Contractor shall be able to obtain all background checks required within 30 days of contract award.

3. Contractor shall posses at least an Associate Degree or equivalent education/work experience and one (1) year of information and referral and/or one year of customer service experience may be substituted for education.

4. Contractor shall read, understand, speak and write English sufficiently to clearly communicate with and instruct colleagues, supervisors and clients.

5. Contractor shall be proficient in the use of application of common software programs and those in use at ACS, specifically Microsoft Word, Power point, Publisher, Outlook, SharePoint and Excel.

6. Contractor shall possess the ability to present information orally and in written format. Strong customer service skills, time management and records management skills are required.

7. The CV provided for the Reception and Administrative Services and Alternate must demonstrate these special qualifications.

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

1.12.1 Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the COR prior to the contract performance date and updated as needed to reflect Contractor’s personnel changes. (Deliverable #7).

1.13 Contractor Travel: Contractor shall provide their own transportation to their primary duty location. Army Community Service provides an office location and classroom space for all required classes. The Contractor shall be required to travel within the local community during the performance of this contract to attend quarterly strategic planning meetings, conferences and training. Transportation to these events will be provided by ACS DAC staff in Government Owned Vehicle (GOV) at no expense to the contractor.

1.14 Other Direct Costs (ODCs): Reserved.

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

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

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

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than 5 days (Deliverable #8) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): 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 (Deliverable #9). 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.

1.20 Phase In /Phase Out Period: Reserved.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: The Contractor shall be aware of local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and the U.S. Government property from damage.

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

1.21.1.1 Reserved.

1.21.1.2 Reserved.

1.21.1.3 Reserved.

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

1.22.1 Environmental Compliance Plan and Program: The Contractor will conform to ACS SOP to be provided to the contractor by the COR after award.

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

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within ten (10) calendar days after contract start date or effective date(Deliverable #10) 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 Contracting Officer, if a COR is not assigned) within five (5) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

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

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within ten (10) days of employment under this contract (Deliverable #11). Verification of the training shall be provided to the COR within five (5) after completion of the training. Contractor personnel must complete refresher training every 12 months . Verification of the training shall be provided to the COR within five (5) days after completion of the training . Any other OPSEC training that may become required will be completed by the Contractor as they become available.

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 training shall be provided to the COR within five (5) days after completion of the training.

1.22.3 Reserved.

1.23.3 iWATCH Training: The contractor and all associated subcontractors will brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded. (Deliverable#12). Training slides can be found on the Army OneSource we site: https://www.mepcom.army.mil/Home/Contractors/

1.23.4 Information Assurance (IA) Training

1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within 3 days of contract start date or employment of new personnel. Verification of the training shall be provided to the COR within 5 days after completion of the training. Contractor shall complete yearly refresher of IA training. Contractor shall provide a copy to COR of the training certificate showing completion of yearly refresher within 5 days of completion (Deliverable #13).

1.23.4.2 Reserved.

1.23.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Notification of registration shall be provided to the COR within 3 days after registration. (Deliverable #14).

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion (Deliverable #15). Training is available at https://public.cyber.mil/training/identifying-and-safeguarding-personally-id.

1.24 Authorization to Perform Services in Germany

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

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

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

1.25 Notice to Proceed: Reserved.

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

1.27 Government Property and Services: Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the COR within 15 days after date of contract award.

1.28 Reserved.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

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

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

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

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

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

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

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

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

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

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

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

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

ACORAlternate Contracting Officer's Representative
ACSArmy Community Service
AEArmy in Europe
AERArmy Emergency Relief
AORArea of Responsibility
ARArmy Regulation
ATAnti-terrorism
ATCTSArmy Training Certification Tracking System
CACCommon Access Card
CONUSContinental United States (excludes Alaska and Hawaii)
CORContracting Officer’s Representative
DADepartment of the Army
DFARSDefense Federal Acquisition Regulation Supplement
DMDCDefense Manpower Data Center
DoDDepartment of Defense
FARFederal Acquisition Regulation
FRGFederal Republic of Germany
GFPGovernment Furnished Property
HIPAAHealth Insurance Portability and Accountability Act of 1996
IAInformation Awareness
IACInstallation Access Control
IACOInstallation Access Control Office
IDIdentification
IGCEIndependent Government Cost Estimate
I&RInformation and Referral
ITInformation Technology
JTRJoint Travel Regulation
KOContracting Officer
OCIOrganizational Conflict of Interest
OCONUSOutside Continental United States (includes Alaska and Hawaii)
OPSECOperations Security
PAProperty Administrator
PIIPersonally Identifiable Information
PIPOPhase In/Phase Out
POCPoint of Contact
PRSPerformance Requirements Summary
PWSPerformance Work Statement
QAQuality Assurance
QAPQuality Assurance Program
QASPQuality Assurance Surveillance Plan
QCQuality Control
QCPQuality Control Program
RARequiring Activity
RCORegional Contracting Office
RRPRelocation Readiness Program
RRPMRelocation Readiness Program Manager
USAREURU.S. Army Europe

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: The Government will reserve the Contractor a GOV seat in order to attend required trainings, meetings, and/or events. This requirement will not exceed two (2) events per month and shall be within a 25 mile radius.

3.2 Facilities: The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment. The Government will not be responsible in any way for damage to the contractor’s supplies, materials, equipment, or to personal property as a result of fire, theft, accident, natural disaster, or other events. The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

3.3 Utilities: The Government will provide all utilities in the facility. They will be available for the Contractor’s use in performance of the tasks outlined in the PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.

3.4 Equipment: The Government will provide a computer with applicable software for the purpose of providing ACS Services. The contractor is responsible to operate the computer in accordance with Government guidelines. The Contractor is responsible for completing all training and certification requirements to use the Government Local Area Network (LAN) computer.

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