Amendment 0002-20-Q-0002-Custodial Services Dulmen-Release.pdf

0011431907-0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

a. Extend solicitation closing date w hich w ill read now 18 March 2020 at 02.00 PM (Brussels time)

b. Change the Special Certif ication requirement in the Performance Work Statement (PWS) paragraph 1.10 (b) as outlined below

c. Revise Solicitation Clauses 52.212-1 and 52.212-2, as outlined below .

All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 42

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 16-Mar-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PA20Q0002

X 9B. DATED (SEE ITEM 11)

24-Feb-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Mar-2020

CODE

RCO BENELUX

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

W912PA 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PA20Q0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-Mar-2020 02:00 PM to 17-Mar-2020 02:00 PM.

The following have been modified:

REVISED PWS

PERFORMANCE WORK STATEMENT (PWS)

Custodial Contract Services

APS 2 Dulmen Tower Barracks

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/Overview: The Contractor shall provide Custodial Services on Dulmen Tower Barracks. The work and frequency table located in Technical Exhibit C. These works include, but are not limited to, the following: cleaning restrooms and kitchens; removing trash and emptying recycle bins; cleaning windows, highchairs, cribs, playpens, and food service areas; vacuuming and spot cleaning carpet, sweeping and mopping floors, and buffing; dusting and scrubbing walls; cleaning upholstered furniture; and other associated work as directed by the Contracting Officer’s Representative (COR) or Alternate Contracting Officer’s Representative (ACOR). The Government shall not exercise any supervision or control over contract service providers who are subcontractors performing services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government. 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 Contract shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.2 Background: U.S. Army Garrison, Benelux mission at Dülmen Tower Barracks is to provide Base Operations to joint military, civilians and their families, to include interagency community members with a quality of life equal to the quality of their service. Part of the quality of life missions is to have a neat, safe, and healthy work environment. Custodial Cleaning service will maintain buildings in a safe, satisfactory facilities conditions and present a clean, neat and professional appearance of the buildings in accordance with the PWS. The site consist of approximately 428212 m² or 106 acres (on post: 422,425.55 m² (4,546,950.80 ft²) and rail extension: 5,786.93 m² (62,289.98 ft²) and 20 buildings. The population base consists of approximately 270 military, Government civilians, and Contractor personnel. The US Army took ownership of the site and awarded custodial contract services in 2017.

1.3 Scope: The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed. The Contract shall accomplish all cleaning tasks in accordance with (IAW) the Work Capability Level table, located in paragraph 3.0, in order to meet the requirements of this PWS. The three (3) levels of custodial service include the following: a. Enhanced Service, b. Standard Service, and c. Basic Service. The

Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO). The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part

6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable Schedules presented in this PWS. The Contractor shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed. The Contract shall accomplish all cleaning tasks in accordance with (IAW) the Work Capability Level table, located in paragraph 3.0, in order to meet the requirements of this PWS. The three (3) levels of custodial service include the following:

a. Enhanced Service

b. Standard Service

c. Basic Service

Childcare and youth services facilities shall receive Enhanced Service. Fitness centers shall receive Standard Service. For all installation level support facilities that do not fall into Enhance or Standard Service, they shall be considered Basic Service. The offices, classrooms, and latrines located within warehouses shall receive Basic Service.

All reports, inspections and correspondence shall be submitted English language.

1.4 Objectives: The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications in Section 6, Related Documents. The contractor shall provide custodial services to Dulmen facilities. The contractor shall provide all labor, management, tools, equipment, supplies, chemicals, supervision, transportation and other items or services to ensure that all facilities are maintained in a safe and satisfactory conditions, presenting a clean, neat, and professional appearance. The contractor will be required to provide and maintain all certification IAW

1.10 (b) and shall be required to perform all tasks as described in this PWS. The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the Deliverables presented in the contract.

The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract. The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost effective ways to fulfill facilities, custodial contract service and emphasizing innovation and commercial best practices.

The contractor shall provide custodial services at the following location:

Dulmen Tower Barracks Tuzostrase 1, 48249 Dulmen, Germany

1.4.1 Climatic Conditions. The average annual rainfall is (2.01) inches; with the wettest months being (June - August). The average annual snowfall is (0.12) inches, with snowfall expected during the period of (November – January). The average frost-free period (growing season) during the year is about (245) days.

The first killing frost may be expected about (November), and the last killing frost generally occurs in (April).

The average annual maximum and minimum temperatures are approximately 72 and 31 degrees Fahrenheit, respectively. Monthly normal temperatures ranged from a low of (31) degrees in the month of (January) to a high of (72) degrees in the month of (July). Summer temperatures often reach (72) degrees Fahrenheit, while sub-freezing weather is common during the winter months.

1.5 General Information: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years, in accordance with the “Delivery Information” section specified in the contract.

Base Year: April 01, 2020 – March 30, 2021 Option Year 1: April 01, 2021 – March 30, 2022 Option Year 2: April 01, 2022 – March 30, 2023

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, unsatisfactory, delinquent and/or untimely 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 Quality Control Plan (QCP) is the written record by which the contractor assures that work performed complies with the requirements of the contract. A draft QCP copy provided to the COR and KO within fifteen (15) days after Post-Award Conference for their review, recommended changes, and/or approval. The finalized copy of the QCP which incorporates changes shall be emailed to the COR and Contracting Officer within fifteen (15) days after receipt from the COR. After written acceptance of the Quality Control Plan by the Contracting Officer, the contractor shall fully implement his Quality Control Plan. Any proposed changes after approved QCP are required to be submitted for acceptance by the Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. (Deliverable 1). The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the Contractor QCP shall 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 shall the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

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

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

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

f. How shall the Contractor file and save all Quality Control related documents for the life of the contract?

g. How will Contractor ensure reports are submitted monthly?

1.5.1.1 (Optional addendum to the QCP): RESERVED

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

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

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest workday 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 holidays.

NAME OF AMERICAN HOLIDAY DATE

New Year Day January 1st

Martin Luther King Memorial Day 3rd Monday in January

President Day 3rd Monday in February

Memorial Day Last Monday in May

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

NAME OF GERMAN HOLIDAY DATE

New Year Day January 1st

Good Friday Varies Annually

Easter Monday Varies Annually

Labor Day May 1st

Ascension Day Varies Annually

Whit Monday Varies Annually

Day of German Unity October 3rd

All Saints Day November 1st

1st Christmas Day December 25th

Boxing Day 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 0730 to 1700, Monday through Friday except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours are 0730 to 1700, Monday through Friday except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support to all facilities between the hours of 0800 to 1700, Monday through Friday, and the Fitness Center Bldg (40067) Monday thru Saturday between the hours of 0800-1900, except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar

Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.3.1 The Contractor shall provide personnel support within outside the normal hours of operation as required, including holidays, to support the Directorate of Public Works (DPW) mission, in-accordance to para. 5.2.4, 5.2.5, 5.2.6. Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO. The Program Manager shall be available after normal hours to serve as the central point of contact for Contractor operations. Contractor personnel shall not be scheduled for overtime work.

1.5.4.3.2 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 legal public holiday, and when routine work is not scheduled for that day; or Reschedule the work on any day mutually satisfactory.

1.5.4.3.3 Inclement Weather Delay. If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the COR and KO prior to suspensions of operations. The Contractor shall resume operations with COR and KO approval.

Travel/Temporary Duty: N/A

1.5.4.3.5 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/ACOR immediately, not later than (NLT) two (2) hours of the incident.

1.5.4.4 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly recurring scheduled work for all facilities (to include location, work to be completed, timeline, etc.). The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within thirty (30) days after date of contract award (Deliverable 3). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have ten (10) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) workdays prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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

1.5.6 Place of Performance: USAG Benelux-Dulmen, Tower Barracks Tuzostrase 1 48249 Dulmen, Germany

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

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

1.6.3 Installation Access: The contractor and all associated subcontractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures (provided by Government representative). Contractor personnel performing work under this contract shall have a recent “Standards of Good Conduct” certificate and valid ID Card within fifteen (15) days after the contract award date (see par. 1.6.3.1), and shall maintain the level of security required for the life of the contract.

The contractor shall also provide all information required for background checks to meet installation-access requirements to be accomplished by the installation provost marshal office, director of emergency services, or security office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and 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.

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/27/2001921547/-1/-1/0/AER190-16-G.pdf

1.6.3.1 In addition, the Contractor shall provide, via the COR, an Initial Installation Pass Log within fifteen (15) days after contract award date. The log must at a minimum contain the following information employee’s full name, home address, personal ID number, passport/ID card, date of birth and country of citizenship and a copy of a “Standards of Good Conduct” certificate (Fuhrmgszeugnis) (Deliverable 4). The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 4).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within five (5) day (Deliverable 5).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within five (5) days (Deliverable 5).

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.3.4.1 N/A

1.6.4 Background Checks: RESERVED

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED

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

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

1.7 Key Control:

The Contractor shall establish and implement methods of making sure all keys and key cards 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 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 occurrences of lost or duplicate keys and key cards to the Contracting Officer. When keys to area cannot be released, the Contractor shall contact Government organization POC (Point of Contact) in question and schedule access by himself to coordinate access to work site. COR will establish contact and provide assistance when problems with key POC occur.

1.7.1. 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 the monthly payment due 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 monthly payment due the Contractor.

1.7.2. The Contractor shall prohibit the use of Government issued keys and key cards 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.

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, Alternate Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. At the time of the Post Award conference the contractor shall submit to the COR and KO in writing, the name, title, email, address office, home and mobile telephone numbers for the central point of contacts(s) (Deliverable 6). 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 the hours are 0800 to 1700, Monday through Friday.

Qualifications for all key personnel are listed below:

(a) Special Qualifications: The contractor firm and employees shall be fully certified, trained and meet all Army and German standards pertaining to custodial services, storing, handling and disposal of hazardous materials. The Contract Manager and Alternate Contract Manager shall be able to read, write, speak, and understand English. In addition, they shall have within the past ten (10) years, three (3) years’ experience working as a Contract / Project manager consisting of a minimum of two (2) years manager and/or supervisory experience in managing custodial services contracts. The manager position shall at no time be vacant. In addition, the contract manager shall ensure all employees are certified in their respective areas of responsibilities. The contractor shall provide to the COR and Contracting Officer within fifteen (15) days after contract award date a copy of all employee’s required certificates listed in paragraphs 1.10 (b) (Deliverable 7). The contractor shall be in possession of all certificates required and issued by the Federal German Authority and shall maintain them valid throughout the duration of the contract.

(b) Special Certifications: The contractor and the subcontractor shall be certified as specified and shall ensure that all personnel performing required services have at least the following valid and current certifications or equivalent valid and current certifications approved by the German Authority.

The contractor shall have a “Standards of Good Conduct” certificate.

The Contractor firm shall be ISO certified. The contractor shall submit as proof, an ISO Certification Registration Number and Validation date”.

The contract personnel shall possess working knowledge of the English language

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 Workspace: Contractor shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees.

Workspace sign location shall be coordinated with the COR. 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. (See paragraph 3.2)

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

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

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

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorize 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.

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

1.17 Non-Disclosure Statements: RESERVED

1.18 Organizational Conflict of Interest (OCI): RESERVED

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

1.20 Safety: The Contractor shall comply with US, European and German Occupational Safety and Health Standards, Laws and Regulations to protect the life and health of employees and other persons; to prevent damage to property, materials, supplies, and equipment and to avoid work interruptions. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, and security. In case of an accident the contractor shall forward one completed copy of locally required accident reports to the Contracting Officer’s Representative not later than five (5) days after the occurrence of an accident/injury to his/her personnel (Deliverable 8).

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

1.21.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its personnel, operations and activities conform to the USAG Benelux Dulmen environmental policies and regulations, to include any applicable German environmental laws and standards.

1.20.1.1 N/A

1.20.1.2 N/A

1.20.1.3 N/A

“USAG Benelux Dulmen Current Environmental Policy is available at the following website:

https://home.army.mil/wiesbaden/index.php/my-fort/all-services/environmental

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

1.22.1 Anti-Terrorism (AT) Level I Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas will complete AT Level I awareness training within [insert number of calendar days] calendar days after the contract start-date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor will 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 [insert number of calendar days] calendar days after training is completed by all employees and subcontractor personnel. AT Level I awareness training is available online at https://atlevel1.dtic.mil/at

1.22.2 OPSEC Training: RESERVED

1.22.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be use to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and thirty (30) days for all new contract employee’s effective start date (Deliverable 9). Verification of the training shall be provided to the COR within three (3) days after completion of the training. Training website or slides shall be provided by the COR to the contractor during Post Award.

1.22.4 Information Assurance (IA) Training: RESERVED

1.22.5 Personally Identifiable Information (PII): RESERVED

1.23 Authorization to Perform Services in Germany

1.23.1 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.

1.23.2 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.

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement.

Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive: RESERVED

1.26 Government Property and Services: RESERVED

1.27 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.

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

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR:

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

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

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

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

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

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

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

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

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

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

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel;

to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

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

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

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