Attachment 001- Performance Work Statement.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

HAZARDOUS MATERIALS DRIVER TRAINING/ HANDLER

COURSES (HAZ 11 / HAZ 15)

7th ARMY TRAINING COMMAND

COMBINED ARMS TRAINING CENTER

7ATC, CATC

1 March 2023

Part 1

General Information

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

1.1. Description of Services/Introduction: The mission of the Combined Arms Training Center (CATC) under this contract is to provide instructional services IAW the European Agreement concerning the International

Carriage of Dangerous Goods by Road (ADR). Two (2) different HAZMAT certification courses (HAZ11 for

Drivers and HAZ15 for Load Certifiers and Handlers) shall be provided to selected soldiers and civilians of the

US Army Europe (USAREUR-AF). The contractor shall provide all required staff, faculty, supervision, and printed instructional material to include the student workbooks, practical exercises, and instructor lesson plans not otherwise provided by the Government. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2. Background: The Combined Arms Training Center (CATC) manages and conducts the USAREUR-AF

Institutional Training Program. The HAZMAT program is part of CATC’s contracted training program since

March 1998, which authorizes and obligates CATC to train and certify USAREUR-AF soldiers and civilians to adhere to the ADR IAW NATO SOFA.

1.3. Scope: The contractor shall provide standardized hazardous material Driver/Handler training to certify

USAREUR-AF hazardous material drivers/handlers under the German Ministry of Defense directive, training

Hazardous Materials Drivers/Handlers within USAREUR-AF Forces stationed in Germany, 19 MAR 98.

Instruction shall be in conformity with the principles and concepts contained in the Government’s program of instruction (POI) and shall be delivered in the English language.

1.4. Objectives: USAREUR-AF is required by the NATO SOFA Agreement to train dangerous goods drivers to conform to both US Army regulations and to the European regulations. ADR is an authoritative agreement intended to increase the safety of international transport of dangerous goods by road. Its annexes A and B contain the technical requirements for road transport, i.e. the conditions under which dangerous goods, when authorized for transport, may be carried internationally, as well as uniform provisions concerning the construction and operation of vehicles carrying dangerous goods. It also establishes international requirements and procedures for training and safety obligations of participants. The agreement is regularly amended and updated. Latest updates can be found on the ADR section of the UNECE Transport Division Website:

http://www.unece.org/trans/danger/publi/adr/adr_e.html The contractor is required to incorporate amendments and updates to the ADR in the course curriculum as stated in this document within thirty (30) days (A.000).

1.4.1. HAZ 11 trains and certifies HAZMAT drivers to transport hazardous cargo in conformity with ADR.

1.4.2. HAZ 15 provides the unit HAZMAT load certifier with the knowledge and ability necessary to properly prepare HAZMAT shipments for movement over European road and rail transport modes.

1.5. General Information

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

The Contractor’s proposed QCP shall be submitted to the Contracting Officer’s Representative (COR) for review within thirty (30) calendar days after date of contract award (A.001).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the

Contractor shall then have ten (10) calendar 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 ten (10) calendar days prior to the anticipated change and before implementation by the Contractor (A.002). 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?

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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 48 hours of identifying those issues. Verbal reports shall be followed up by written reports within ten (10) calendar 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 contractor shall perform on German and US holidays.

1.5.3.1. U.S. Holidays:

New Year’s Day January 1st

Martin Luther King Day 3rd Monday in January

Presidents Day 3rd Monday of February

Memorial Day Last Monday of May

Juneteenth Day 19th Day of June

Independence Day 4th Day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11th Day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th Day of December

1.5.3.2. Host Nation Holidays: The German national and local holidays are

New Year’s Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January

Good Friday varies yearly

Easter Monday varies yearly

Labor Day 01 May

Ascension Day varies yearly

Whit Monday varies yearly

Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, Nordrhein- Westphalia,Rhineland-Palatinate, Saarland) varies

Assumption Day (Only in Saarland and Roman Catholic areas of Bavaria) 15 August

Day of German Unity 03 October

All Saints' Day (Baden-Wuerttemberg, Bavaria, North Rhine-Westphalia, Rhineland-Palatinate, Saarland) 01 Nov

1st Christmas 25 December

2nd Christmas Day 26 December

1.5.4. Operating Hours: The contractor shall establish work schedules, which will provide adequate staffing to meet all requirements of this contract. At a minimum, the contractor shall be expected to deliver four (4) courses of instruction simultaneously between 0730 and 1730 hours, Monday through Friday. Hours of instruction will be determined by the schedule submitted to the contractor.

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

1.5.4.2. Government Facility Operating Hours: The Government facility operating hours occur simultaneously between 0730 and 1730 hours, Monday through Friday. The Government facility is open for operations during the recognized U.S. and German Holidays identified in paragraph 1.5.3 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer’s Representative to the Contractor..

1.5.4.3. Contractor Support Hours: The Contractor shall provide support between the hours of between 0730 and 1730 hours, Monday through Friday. 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-AF 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.

1.5.6. Place of Performance: The HAZ11 courses will be provided at the CATC resident training site located at the Rose Barracks, Vilseck, Germany and on site at US Army Installations throughout Germany. HAZ15 courses can be taught at the locations listed above, and also via DL.

1.5.6.1. HAZ11 courses will be taught in a traditional classroom setting. HAZ15 courses is provided via the

Distributed Learning System (DLS) and also in a traditional classroom setting.

1.5.6.2. Each CMTT will be reviewed, evaluated, and approved separately by CATC to ensure that training will be possible at the unit’s location

1.5.7. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year: 1 Mar 2023 – 29 Feb 2024

Option Year I: 1 Mar 2024 – 28 Feb 2025

Option Year II: 1 Mar 2025 – 28 Feb 2026

Option Year III: 1 Mar 2026 – 28 Feb 2027

Option Year IV: 1 Mar 2027 – 29 Feb 2028

The contractor is expected to be ready to provide the full range of services described in this PWS on the first day of contract performance. To assist a new contractor in preparing for contract performance, government personnel will be available to answer questions for 45 days prior to the contract start date.

1.5.8. Type of Contract: The government will award a USAREUR-AF-wide Firm-Fixed Price, Indefinite Delivery Type Requirements contract. Funds will be obligated per Task Orders.

1.6. Security Requirements: Reserved

1.6.1. Security Program: Reserved

1.6.2. Personnel Security Clearance Requirements: All personnel working under this contract must have a Police Clearance Certificate (Polizeiliches Fuehrungszeugnis).

1.6.3. Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE)

Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-

1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control.

The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a

Contractor employee no longer requires access.

1.6.3.1. In addition, the Contractor shall provide the COR an Initial Installation Pass Log within 30 days after contract award (A.003). The log shall be updated as employees are added or removed. The Updated Installation

Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (A.003).

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 (A.004).

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 (A.004).

1.6.3.4. Common Access Cards (CAC): The Contractor shall provide the following information: Last, First

Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR with 30 calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer’s Representative) (A.005). The Contractor shall ensure safeguarding of Personally

Identifiable Information (PII) and comply with requirements under 1.22.5.

1.6.3.4.1. The Contractor shall provide a CAC log within the first thirty (30) calendar days after contract award and within five (5) days after changes have been made (A.005) (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

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: As a minimum prior to beginning performance, Contractors employing U.S. citizens shall furnish the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months.

Additional back ground checks will be conducted to receive base access.

1.6.4.2. Local Nationals and Third Country Nationals As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Requiring Activity Manager a

Polizeiliches Fuehrungszeugnis. Additional back ground checks will be conducted to receive base access.

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 shallreport suspicious activities within four (4) hours to security personnel.

Government issued access badges shall not be worn outside designated facilities where visible to the general public.

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 COR. 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 Contractor shall be Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) certified by their appropriate National Authority to provide national dangerous goods road transportation training. The following personnel are considered key personnel by the government: Contract Manager, and Program Coordinator. If the Contractor changes key personnel identified in the proposal, the Contractor shall provide evidence that proposed replacement personnel have qualifications at least equal to those to be replaced at least 30 days prior of replacement (A.008). Contract Managers/Program Coordinators must speak and write the English language fluently. The contractor shall identify a Contract Manager/Program Coordinators for contractual matters and shall provide name, title, work phone number, cell phone number, and email address, to the COR within five (5) calendar days after contract award (A.006)

1.10.1. Contract Manager: The Contract Manager shall be responsible for all requirements listed in the PWS.

The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager and Program Coordinator may be filled by the same individual however, the identified personnel must be able to perform the responsibilities of both without sacrificing performance in either role. Resume shall be provided within five (5) days after contract award to the

COR (A.007)

1.10.2. Program Coordinator: The Program Coordinator is responsible for the coordination of delivery of services necessary to accomplish instructional and logistical activities under this contract, and is responsible for quality control of the training presented. Resume shall be provided within five (5) days after contract award to the

COR (A.007).

1.10.3. Lead Instructor:

The contractor shall identify an on-site lead instructor to serve as the POC for training session for issues and discrepancies that may arise. The Lead Instructor shall be ADR driver certified (by their appropriate National Authority) and shall have a minimum of five (5) years of experience within the last ten (10) in the field of hazardous cargo transportation. Resume shall be provided within five (5) days after contract award to the COR (A.007).

1.10.4. Instructors: The Contractor shall provide fully qualified and ADR driver certified driver instructors with a minimum of six (6) months experience within the last three (3) years in the field of hazardous cargo transportation.

1.10.4.1. All instructors shall have at least six (6) months of instructional experience in a formal setting.

1.10.4.2. The contractor shall ensure that all instructors are proficient in the subject matter IAW the POI subjects, and that qualified substitutes are available to meet the requirements. Instruction shall be presented in the English language, and the instructors must be clearly understood by the students.

1.10.4.3. Instructor Resumes: Instructor resumes shall be provided within five (5) days after contract award to the COR. The resumes shall document how each proposed instructor is qualified to teach the program (A.007).

1.10.4.3.1. The Contractor shall provide resumes of replacement and substitute instructors for adherence to contract requirements. Replacement/substitute instructor must meet the level of qualification standards. (A.008).

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1.10.4.3.2. The Contracting Officer reserves the right to bar from the job site(s) any contractor employee who endangers persons or property, and/or whose behavior is inconsistent with the requirements of this contract. In such cases, the KO will advise the contractor of the reason for barring the employee. The barring of such an employee from the job site shall not relieve the contractor of the requirement to provide sufficient qualified personnel to adequately perform the services as set forth herein.

1.10.5. Contractor Qualification Standards: The offeror must have at least a minimum of three (3) years of experience in performing services of same/similar scope as required in this PWS within the last ten (10) years, in the amount of no less than a total amount of $400,000 per year.

1.10.6. Special Qualifications/Requirements: The Contractor shall contribute to the US Army HAZMAT program by interfacing with the German Federal Ministry of Defense (FMOD). As a recognized

ADR/GGVSEB/IHK expert and training provider, the Contractor shall advise USAREUR G1, Safety with preparation and on site assistance, as requested, to include discussions with the FMOD and/or Ministry of

Transport concerning course instruction, US proposed or requested changes or allowances.

1.10.6.1. The Contractor shall, by virtue of his expert position in the field of the European hazardous materials road transportation, provide advanced warning of pending national and international changes affecting all areas relating to the driver’s perspective of road transport of dangerous goods. Provide technical interpretation based on experience and/or professional association with responsible parties at the national or international level. The contractor shallbrief the CATC leadership on a regular base regarding any changes in ADR.

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. Reserved

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: Contractor travel will not be separately priced. All Contractor travel shall be calculated into course cost.

1.14. Other Direct Costs (ODCs): Reserved

1.15. Data Rights: Reserved

1.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the

Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or

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Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17. The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at 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 OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer within four (4) hours 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 OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20. Phase In /Phase Out Period: Reserved

1.21. Safety: The following provides information pertaining to Safety and Accident Prevention: At a minimum, the contractor shall follow safety recommendations and job hazard analysis IAW USAG Bavaria Safety Office Job

Hazard Analysis Standard Operating Procedures.

1.21.1. Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident

Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and

Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1;

will be reviewed for acceptance by designated Government personnel, see PWS section 5.2.7.5 Draw requirement.

Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM

385-1-1. EM 385-1-1 is available online at https://www.usace.army.mil

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 o EM 385-1-1).

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase.

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(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1. In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health

Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the

Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than

30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.22. Environmental Compliance: Reserved

1.22.1. Environmental Compliance Plan and Program: The contractor shall follow USAG Bavaria

Environmental Brochure and any other applicable regulation to ensure the preservation of resources and the environment.

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

1.23.1. Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training thirty (30) day after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The

Contractor shall submit certificates of completion (A.009) for each affected Contractor employee and subcontractor employee to the COR within 10 days after completion of this training by all employees and subcontractor personnel.

AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (A.009) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.009).

1.23.2. OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (A.010). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.010). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months (A.010). Verification of the training shall be provided to the COR within ten

(10) days after completion of the training (A.010).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.010).

1.23.3. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after the contract is awarded and within thirty (30) days after new employees commence contract performance (A.011). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.011). Training slides can be found: https://home.army.mil/bavaria/application/files/1715/7857/7112/iWatch_Trifold_English.pdf

1.23.4. Information Assurance (IA) Training:

1.23.4.1. All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within 30 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 days after employment of new personnel. Verification of the training shall be provided to the COR within 10 days after completion of the training (A.012).

1.23.4.2. All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and

Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement

Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment.

Training is available at https://ia.signal.army.mil/DoDIAA/default.asp (A.012).

http://www.cdse.edu/catalog/elearning/GS130.html

1.23.4.3. Reserved

1.23.5. Instructor Certification Program: Instructors shall complete the Combined Arms Training Center

Instructor Certification Program within six (6) months of the contract start-up date or within six (6) months for new hires. Previously experienced Combined Arms Training Center Instructors will be given constructive credit for certification requirements deemed appropriate by the COR and subsequently approved by the Branch Chief and CATC instructor certification manager and may require a series of evaluations. Completion of both the instructor certification program and a satisfactory annual instructor evaluation by CATC Course Development and

Evaluation Auditor are conditions of employment. Contracted instructors shall adhere to the CATC Standing

Operating Procedure (SOP), Faculty and Staff Development and Certification Annex.

1.23.5.1. Common Faculty Development – Instructor Course: Contractor instructors are required to complete the CFDIC course within six (6) months after contract start or instructor hiring date. Instructors who have attended formal instructor training within the past 5 years will be verified and certified by a CATC member prior to receiving formal certification memo. After 5 years, all instructors are required to be recertified IAW CATC’s instructor recertification policy. In the event CFDIC is replaced by fundamentally new methodology of teaching, that training will be required in lieu of (A.013).

1.23.5.1.1 The Government will make the training available to contractor instructors. The training is two (2) weeks in length and will be conducted at Rose Barracks Vilseck, Germany.

1.23.5.1.2. Scheduling for training shall be arranged through the COR.

1.23.5.1.3. The contractor does not have to pay tuition fees for mandatory training. However, incurred expenses for time and attendance of instructors is the responsibility of the contractor.

1.23.6. Instructor Distributed Learning Training: During the period of performance the Contractor may be required to conduct training through the Distributed Learning System (DLS). DLS provides the means for the

Contractor to deliver training to a number of students simultaneously to multiple sites from Rose Barracks

Vilseck, Germany per video tele-training.

1.23.6.1. The Government will provide training to at least two (2) instructors to learn how to operate the computer equipment and get familiar with DL classroom and Blackboard procedures. Contracted Instructors who will teach online shall complete Blackboard 101. The course is taught online at https://www.ellc.learn.army.mil. (A.014).

After five (5) years, online instructors are required to complete the Blackboard 101 Recertification Course

(A.014).

1.23.6.2. Scheduling for familiarization training shall be arranged through the Course Manager.

1.23.6.3. Attendance at the DLS familiarization training will be free of charge to the Contractor, all other costs

(contractor time, transportation, accommodation, etc.) shall be the responsibility of the Contractor.

1.23.7. 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 http://www.ellc.learn.army.mil/ employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2. Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles

71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

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

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

1.25. Notice to Proceed: Reserved

1.26. Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances provided are in compliance with the Electromagnetic Compatibility Directive

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

1.27. Government Property and Services: Reserved

1.28. 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 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.

1.29. Cancellation of Courses: Mission requirements may require the Government to cancel courses with short notice. All travel must be conducted in accordance with the Joint Travel Regulation (JTR).

The following cancellation fee schedule applies.

1.29.1. If courses are canceled fourteen (14) or more working days prior course start, no cancellation fee will be paid.

1.29.2. If courses are canceled five (5) to thirteen (13) working days prior course start, the contractor will be paid travel costs, if any incurred.

1.29.3. If courses are canceled from one (1) to four (4) working days prior course start, the contractor will be paid incurred travel costs and ten (10)% of course.

1.29.4. If a course is canceled after course start, the contractor shall be paid the incurred travel cost, ten (10)% course cost, and days worked.

1.29.5. Cancellation fee will not exceed course cost.

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…