ATT 01 PWS FSE.pdf

409th CSB Ver 7 20240913

PERFORMANCE WORK STATEMENT (PWS)

Repair of Food Service Equipment (FSE) 405th AFSB, BASOPS Maintenance Directorate Grafenwoehr

UNIT 28132 APO AE 09114-813

9/18/2025

Part 1 General Information

1. General: This is a non-personal service(s) contract to provide Food Service Equipment (FSE) Preventive Maintenance and Repair. Under this contract 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 service(s) contract to provide Food Service Equipment (FSE) Repair. The Government intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) Firm-Fixed-Price (FFP) and Time & Materials (T&M) Hybrid contract.

1.2 Background: The 405th Army Field Support Brigade (AFSB) has a requirement for Preventive Maintenance and Repair for Food Service Equipment at five (5) Garrisons within the footprint of Germany. The supported locations can be found in (Attachment #11). The Contractor shall support Army units with the Maintenance and Repair of Food Service Equipment to include built-in FSE on Food Trucks.

1.3 Scope: The Contractor shall oversee 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. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other Contractors. The Food Trucks will be located at various locations within a Garrison. 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 provide all necessary management, supervision, personnel, tools, parts, materials, service vehicles, general and specialized test/analysis equipment, electronic communication, and reporting necessary to perform preventive maintenance and on-call repairs on equipment as listed on the Equipment List (Attachment #1). This contract does not include buying any new equipment. All Material costs will be paid under this contract according to the terms of clause 52.212-4 Alternate I. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports in the English language and submit information as specified by Technical Exhibit B: Deliverable Schedule presented in this PWS.The Contractor shall provide non-personal service(s).

1.4 Objectives: The purpose of this requirement is to provide preventive maintenance (PM) services in accordance with any respective manual or standards; provide German Law Inspection (GLI) in accordance with respective regulations; provide on-call repairs, either emergency or regular; install and/or remove food service equipment; provide inventory and labeling services, and to include the provision of any and all repair/maintenance parts needed to repair/maintain Food Service Equipment.

1.5 General Information

1.5.1 Quality Control Plan (QCP) (deliverable # 01): 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 30 days after date of contract award.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 5 days. If the Government has provided comments, the Contractor shall then have 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 including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

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

h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.1.1 Reserved

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 2 working days of identifying those issues. Verbal reports shall be followed up by written reports within 2 working days.

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 also 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.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day last Monday in May Juneteenth National Independence Day 19th Independence Day July 4th

Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek other than emergency calls, as described under para 5.3.4. The Contractor is responsible to inform itself about local Host Nation Holidays of the Area/Country where 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 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 0715 to 1600 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 occur between the hours of 0715 to 1600, Monday thru Sunday. The Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0715 to 1600 Monday through Friday for regular repair calls and 24h/day and 7 days/week for emergency repair calls. 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 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 performed at the US Government facility where the equipment is located. The location of the equipment will be determined on each individual service/repair order. Equipment being serviced and/or repaired shall be available at this site during regular work hours (0715 – 1600), Monday thru Friday for inspection by the U.S. Government except Federal or German holidays.

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 and requiring access to US Government facilities must comply with the Local National Screening Program in Germany, AE Regulation 604-1.

Access and General Protection/Security Policy and Procedures. (This standard-language text is for Contractor employees with an area of performance within an Army-controlled installation, facility, or area.) Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation provost marshal office, the director of emergency services, or the security office. Contractor workforce must comply with all personal identification verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the terms 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.

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access (deliverable #02): 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 be responsible for all forms of identification provided by the Government and shall return such identification to the issuing IACS office when the contract is completed or when a Contractor (or subcontractor) employee no longer requires access. Contractor shall provide an initial log and provide to the COR within 30 working days after contract start date. Contractor shall maintain a log on all IACS passes and provide proof the COR that passes have been returned. Log file shall be provided to the COR upon request within two working days.

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within 30 days after contract award. 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.

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 5 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 5 days.

1.6.3.4 Common Access Cards (CAC): 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 (deliverable #03): Contractors that work with or teach youth under the age of 18 years 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, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within five (5) 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 (deliverable #03): Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four (4) months, no later than five (5) days after contract award. Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within five (5) days after contract of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable.

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: Reserved

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 (deliverable #04): The following personnel are considered key personnel by the Government: Contract Manager and a person(s) with Master (Meister) or Engineer (Ingenieur) level qualifications as stated below. The Contract Manager shall be responsible for the performance of the contract. The name of this person and any Alternate Contract Manager (who shall act for the Contractor when the Contract Manager is absent) shall be provided in writing to the Contracting Officer through the COR no later than 30 days after contract award. 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 hours of operation IAW section 1.5.4.3. The person or persons with Master (Meister) or Engineer (Ingenieur) level qualifications shall be responsible with ensuring that all Technicians performing maintenance, repair, or GLI possess the required qualifications for such work and that all completed work meets the appropriate standards. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager (or an alternate) shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available by telephone 24 hours per day, 7 days per week.

b. Person with a Master or Engineer level: The Contractor shall demonstrate that it has key personnel, registered and certified in the German Chamber of Crafts (Deutsche Handwerkskammer) at a minimum of a “Meister” or

“Staatlich geprüfter Techniker” or “Ingenieur” level for the three categories below, prior to start of the contract, in order to perform the preventive maintenance and repair services.

1. Kaelteanlagenbau – Meister or Staatlich geprüfter Techniker or Ingenieur / Person with a

Master or State Certified Technical Engineer or Engineer level of Refrigerant systems

2. Elektrotechnik/Elektronik - Meister or Staatlich geprüfter Techniker or Ingenieur / Person with a Master or

State Certified Technical Engineer or Engineer level of Electro mechanic

3. Installations und Heizungsbau - Meister or Staatlich geprüfter Techniker or Ingenieur / Person with a

Master or State Certified Technical Engineer or Engineer level of Water/Gas systems

1.11 Technician and Company Qualifications:

a. Various Technicians (empowered journeyman): Below listed qualifications and certifications cover the range that is required for the contract. The Contractor shall demonstrate that it has the required company certifications. The Contractor shall also demonstrate that it has qualified personnel at this level on staff prior to the start of the contract or that it has arrangements in place with subcontractors that possess qualified technicians. It is the Contractor’s responsibility to ensure that all required work will be performed by specialized knowledgeable empowered journeymen (“befaehigte Personen”) only. Specific requirements for each location may vary and will be based on the certifications required to maintain the equipment for each location as listed in Attachment #1.

Special Qualifications:

- Qualifizierung im Bereich der Elektrotechnik nach DIN VDE 1000-10 / Qualification of electrical technicians IAW DIN VDE 1000-10

- Qualifizierung im Bereich der Kaelte- und Klimatechnik / Qualification in the field of Refrigeration-Air conditioning

- DVGW und BGR 111 / German union for gas and water as well professional association guidance 111

- Qualifizierung nach EN 13313, (DIN EN 378, Teil 1 – 14, (Kaelteanlagen und Waermepumpen) /

Qualification acc. EN 13313, DIN EN 378, Part 1 – 14 (Refrigeration systems and heating pumps)

b. Company certification

- DIN ISO 9001 Qualitätsmanagementsystem (QM) / DIN ISO 9001 Quality management system

- DIN ISO 14001 Umweltmanagement / DIN ISO 14001 Environment management

Fachbetrieb nach dem Wasserhaushaltsgesetz (WHG) / Specialist company according to the Water Resources Act

- Fachbetrieb neue EU / F-Gas Verordnung 2024/573 / Specialist company new EU / F-Gas Regulation

- Fachbetrieb nach Paragraph 6 Chemikalien-Klimaschutzverordnung / Specialist company acc. Paragraph 6 Chemicals

Climate Protection Ordinance

- Kuehl- und Gefriergeraete nach § 5 Chemikalienozonschichtverordnung / Cooling and Refrigerating

Equipment acc. § 5 Chemicals and Ozonosphere Regulation

- EG Verordnung 303/2008 Artikel 4, Absatz 2, Sachkundekategorie #1 / European Union Regulation EG

303/2008, article 4, clause 2, competence #1

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

1.12.1 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 715-9).). Contractor shall provide for its employees an easily readable identification badge. Minimum information should be company name.

1.13 Contractor Travel: Contractor shall be required to travel during the performance of this contract to attend meetings, conferences, training, and to perform requested maintenance and/or repairs services. Travel expenses will not be separately billed and should be included in the total price.

1.14 Language requirements: The Contractor’s personnel identified in paragraphs 1.10 and 1.11 shall meet the stipulated English proficiency levels in reading, speaking, and writing (reference USAREUR Pamphlet 690-70).

Level I - Personnel must speak and read English sufficiently to understand simple oral and written work assignments and to express themselves in matters pertaining to their work.

Level II - Personnel must speak and write the English language well enough to communicate on complex matters.

Level III - Personnel must be able to speak and write the English language correctly and fluently. They must be able to communicate effectively and compose correspondence and other written communications about the work for which they are responsible.

Required Levels of Proficiency for English languages under this contract:

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 averse 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. The use of propaganda violates DoD Commercial Use of Imagery Guidelines. 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 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.

1.18 Non-Disclosure Statements: Reserved

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (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. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, http://www.defenseimagery.mil/products/dodimagery/commercialuse.html 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: For any work performed at an U.S. Government installation, the Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s or subcontractor’s fault or negligence. The Contractor shall at all times keep the work area free from accumulations of waste materials. Before completion of the work, the Contractor shall remove from the premises any rubbish, tools, scaffolding equipment, and materials that are not the property of the US Government. Upon completion of the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Government.

1.21.1 Host Nation Safety Laws and Regulations: Contractors performing services in the Federal Republic of Germany (FRG) shall comply with all German safety laws and regulations.

1.22 Environmental Compliance: Reserved

1.22.1 Environmental Compliance Plan and Program: Reserved

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

1.23.1 Anti-Terrorism (AT) Level I Training: Reserved

1.23.2 OPSEC Training: Reserved

1.23.3 iWATCH Training: Reserved

1.23.4 Information Assurance (IA) Training: Reserved

1.23.5 Personally Identifiable Information (PII): Reserved

1.24 Authorization to Perform Services in Germany

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

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

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

1.25 Notice to Proceed: Reserved

1.26 Electromagnetic Compatibility Directive: Reserved

1.27 Government Property and Services: Reserved

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: 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.

Authorized Government Representative - those representatives will be provided by the COR to the Contractor as local technical POCs and the helpdesk personnel. Only those persons are authorized to place calls and/or to sign/verify work certificates.

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.

Equipment User – refers to the organization the unit is assigned to (e.g. DFAC)

Food Truck – A Food Truck is used as mobile Dining Facility used on Government installations in order to provide additional feeding options on post. Location will vary.

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.

Key Personnel - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the quote.

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.

Workday - 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.

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism

ATCTS Army Training Certification Tracking System BASOPS Base Support Operations Maintenance Directorate BGV Berufsgenossenschaftliche Vorschriften (Industrial injuries corporation regulation) CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany FSE Food Service Equipment GFP Government Furnished Property GLI German Law Inspection GUV Gesetzliche Unfallversicherung (Host Nation Insurance) HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer LRC Logistics Readiness Center MEL Maintenance Expenditure Limit OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TAB Technische Anschlussbedingungn (Technical connection conditions) TE Technical Exhibit UIC Unit Identification Code

USAREUR U.S. Army Europe UVV Unfall Verhuetungsvorschriften (Accident Prevention Regulation) UOM Unit of Measure VDE Verband der Elektrotechnik (Association of Electrical Engineering) VDI Verband Deutscher Ingenieure (Association of German Engineers) WAWF Wide Area Workflow

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: Reserved

3.2 Facilities: Reserved

3.3 Utilities: The Government will provide electricity for power tools and water to the Contractor for its 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: Reserved

3.5 Special Tooling and Test Equipment: Reserved

3.6 Materials: Reserved

3.7 Training: Reserved

3.8 Common Access Cards (CAC): Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and service required to perform work under this contract which are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Reserved

4.3 Materials: The Contractor is responsible for ordering and maintaining sufficient common materials/repair parts to perform the work within the allocated time frame, as stated in this PWS.

4.4 Vehicles and Equipment: The Contractor shall furnish all necessary tools, test/diagnostics equipment, specialized test and analysis equipment, repair/replacement parts and service vehicles to perform the services specified in this PWS and under this contract.

4.5 Background Checks): The Contractor shall provide Background Checks in accordance with this PWS and as determined by the Government.

PART 5

SPECIFIC TASKS

5.1 Basic Services (deliverable #05): The Contractor shall provide all necessary management, supervision, personnel, tools, parts, materials, service vehicles, general and specialized test/analysis equipment, electronic communication and reporting necessary to perform preventive maintenance and on-call repairs on equipment as listed on the equipment list. This requirement does not include buying any new equipment. Travel/transportation costs will not be separately charged under this contract. All repairs and maintenance have to be performed in accordance with the applicable rules of technology [e.g. Deutsches Institut fuer Normung (DIN), Verband der Elektrotechnik (VDE), Verband Deutscher Ingenieure (VDI), etc.], as well as the state of technology has to be considered. Furthermore, the provisions of the [Gesetzliche Unfall Versicherung (GUV)] host nation insurance [e.g. Berufsgenossenschaftliche Vorschriften (BGV), Unfall Verhuetungsvorschriften (UVV), etc.] as well as AE Reg 385-29-G have to be taken into account during Contractor’s work performance. The Contractor needs to be in compliance with local technical connection conditions (TABs – Technische Anschlussbedingungen) of public utility, energy provider, gas, water, and wastewater/sewage. All chemical substances and products used during PM/GLI and/or repair visits shall adhere accordingly to EU Regulation 528/2012 and Technical Bulletin TB MED 530. If an inspection in accordance with VDE 0701/0702 is required, it needs to be performed by the Contractor without any additional request from the US Government.

The result of the inspection needs to be confirmed with a test protocol. Those test protocols need to be provided to the user of the equipment and to the Contracting Officer Representative COR along with the work certificate. At all times, the technician needs to inform the POC/user of equipment about his arrival before he/she starts the repair/service/GLI.

5.2. Tasks

5.2.1 Preventive Maintenance and German Law Inspections (deliverable #06): Preventive maintenance (PM) needs to be performed based on a PM schedule. In both cases a work certificate needs to be created by the Contractor as described in this PWS. If possible, PM visits and GLI can be done at the same time. If equipment is not available or not in the system any longer and therefore the PM and/or GLI cannot be performed, the Contractor shall inform the COR.

5.2.1.1 Preventive Maintenance: (PM) is maintenance performed on a scheduled basis to inspect and maintain equipment to prolong equipment life cycle and prevent malfunctions/breakdowns. PM shall be performed in accordance with the Manufacturer Recommendations (Manual) or if not available with the German Engineering Federation (VDMA – Verband Deutscher Maschinen- und Anlagenbau), VDMA 24186, part 0 – part 7. The mentioned VDMA describes the preventive maintenance on technical installations and technical equipment from buildings. Tables of the VDMA are as follows:

VDMA 24186 Part 0 Allgemeine Anwendungshinweise General Instructions

VDMA 24186 Part 2 Heiztechnische Geraete und Anlagen Heating equipment and systems

VDMA 24186 Part 3 Kaeltetechnische Gereaete und Anlagen Refrigeration equipment and systems

VDMA 24186 Part 5 Elektrotechnische Geraete und Anlagen Electrical equipment and systems

VDMA 24186 Part 6 Sanitaertechnische Geraete und Anlagen Sanitary equipment and systems

During preventive maintenance, the Contractor shall identify obvious defects and/or any overdue safety inspection.

Equipment requiring preventive maintenance is listed on the equipment list of the respective location. In conjunction with the performance of scheduled inspections and maintenance services, the Contractor shall perform work that is directly related to the…