Attachment 1- Performance Work Statement (PWS)-.pdf

409th CSB Ver 7 20240913

PERFORMANCE WORK STATEMENT (PWS)

EMPTYING, CLEANING AND HAULING OF SLUDGE & DEWATERED SLUDGE FROM WASH RACKS,

CONTAINER RENTAL, AND WASTEWATER THROTTLE MAINTENANCE AT USAG BAVARIA-

HOHENFELS

1 September 2025 - 31 August 2026

Part 1

General Information

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

1.1 Description of Services/Introduction: This is a non-personal service contract to provide emptying, cleaning and hauling of sludge and dewatered sludge from wash racks, container rental, and wastewater throttle maintenance at USAG Bavaria- Hohenfels.

1.2 Background: Emptying, cleaning and hauling of sludge from wash racks and basins is a requirement of Army Regulation AR 420-1 and German Final Governing Standards (GFGS), “BayAbfG” Abfallwirtschaftsgesetz and “LAGA” Bund-und Laender Arbeitgemeinschaft Abfall).

1.3 Scope: The Contractor shall provide non-personal service(s). This services shall include Collection, Transportation and Disposal of Wash Rack(s) Sludge and Dewatered Sludge generated at USAG Bavaria Hohenfels, Cleaning of Wash Rack(s) and Throttle Maintenance services.The scope of services comprises of :

a. Sludge Management: Collection of sludge from sludge basins, recycling containers, and small wash racks;

transportation, and disposal of sludge from wash racks, sludge basins, and recycling containers. The Contractor must be an accredited waste management company authorized to collect, transport, store, handle, recycle, and dispose of sludge in accordance with KrWG (“Kreislaufwirtschaftsgesetz”) § 52 KrW-/AbfG and/or AVV (“Abfallverzeichnis- Verordnung”)—the German Recycling Management Act and Waste List Ordinance—as well as all applicable Federal, State, and Local laws, regulations, and directivesThis certificate shall be provided with the proposal.

b. Wash Rack Maintenance: Cleaning of recycling containers and wash racks and maintenance service of washwater throttle(s).

c. Sludge Analysis: Testing shall be conducted by an accredited laboratory that holds a valid “Entsorgungsfachbetrieb” (Special Waste Management Company) certification from the Technischer Überwachungsverein (TÜV) or an equivalent recognized testing organization. The Contractor shall provide a copy of the certification with the proposal.

Additionally, this contract addresses the cleaning of recycling and small wash racks used by the U.S. Army. The services are tailored to meet the specific needs of the Directorate of Public Works (DPW) at USAG Bavaria Hohenfels. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in overall Annex A (PWS). The Contractor is responsible for providing all parts required for Preventive Maintenance Orders (PMOs) and all repair parts required for Demand Maintenance Orders (DMOs).

1.4 Objectives: The Contractor, partnering with the installation, shall determine and utilize the most cost effective Wastewater Management for above services, emphasizing innovation and commercial best practices. The Contractor shall perform support in fulfilling operator obligations and acting in a legally compliant and economical manner (IAW) all applicable Federal, State, and local laws and regulations.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award. (Technical Exhibit B, Deliverable # A001)

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) days. If the Government has provided comments, the Contractor shall then have three (3) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (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 four (4) working hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days.

(Technical Exhibit B,, Deliverable# A002).

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). The Government retains the right to evaluate all services required by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not con-form to contract requirements, the Contractor shall perform the services again at no additional cost to the Government.

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

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

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 June 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 unless otherwise directed by the Contracting Officer.

German national and local holidays are:

New Year’s Day January 1st Epiphany January 6th Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies Assumption Day August 15th Day of German Unity October 3rd All Saints’ Day November 1st 1st Christmas December 25th 2nd Christmas December 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility operating hours occur between the hours of 0730 to 1600 Monday through Friday. The Government facility is The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 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 to the Contractor.

1.5.4.2 Operation Hours at vehicle scale: For the Government vehicle scale in Hohenfels at bldg. #25 operating hours are not limited (24/7). The facility was converted to in-house operation in 2020.

Note: When the scales are closed, down for calibration or repair, the Contractor, at own expense, shall have their vehicles weighed off-post. The Contractor shall obtain before and after pickup “weight tickets” from the off-post weighing service provider. In addition, a digital photo of the scoreboard at the scale on USAG Bavaria Hohenfels bldg.#25 should be taken. In this case, the Contractor needs to inform COR and/or responsible inspector to make a picture of the digital display of the scale at building # 25 except on U.S. and Host Nation Holidays.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730 to 1600 Monday through Friday. The facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contractor to the Contracting Officer. 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. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.) The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within ten (10) days after date of contract award (Technical Exhibit B, Deliverable# A003). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting

Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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

1.5.6 Place of Performance: The work to be performed under this contract will be performed throughout the United States Army Garrison Bavaria Hohenfels.Washrack 007/Washrack 009/Washrack 012/Washrack 013/Washrack 535/Washrack 036A.

Location of the individual throttle to be maintained has to be clarified with Sanitation Section. COR will coordinate with Sanitation Section.

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

1.6.1 Security Program: Reserved

1.6.2 Personnel Security Clearance Requirements: Reserved

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

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

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website:

https://home.army.mil/bavaria/4715/3926/0933/AER-190-16.pdf

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award (Technical Exhibit B, Deliverable # A004). The log must at a minimum contain the following information: Employees name and expiration date of installation pass. 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 (Technical Exhibit B, Deliverable # A005).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) calendar days (Technical Exhibit B, Deliverable # A006).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) calendar days (Technical Exhibit B, Deliverable # A007).

1.6.3.4 Common Access Cards (CAC): N/A

1.6.3.4.1 Reserved

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

1.6.4.1 U.S. Citizen: Contractors that work with 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 (Technical Exhibit B, Deliverable # A008).The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within five (5) days of receipt by the Contractor, identifying such with the appropriate contract number (Technical Exhibit B, Deliverable # A009).When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with 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 months, no later than five (5) days after contract award (Technical Exhibit B, Deliverable # A010). 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 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. 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 Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) calendar days after contract award or during the post-award meeting. (Deliverable # A011). Acceptance of the CV by the Contracting Officer is required before these individuals are permitted to perform any task on this contract. 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 0730 – 1600 hrs. (Monday through Friday). Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contract Manager shall be a Technischer Ueberwachungsverein (TUEV) or similar certified Waste Manage-ment Specialist (Betriebsbeauftragter fuer Abfallwirtschaft) IAW all applicable Federal, State, and local laws, regu-lations, and directives such as § 5 Abs. 3 AbfAEV und § 9 Abs. 3 EfbV and “Betriebsbeauftragte für Abfall gemäß” § 9 Abs. 2 AbfBeauftrV, refer to para. 7.3 Publications. This certificate shall be provided with the proposal.

a. The Contract Manager shall have a minimum of two (2) years’ experience in the trade and shall be a TUEV certified Waste Management Specialist (Betriebsbeauftragter fuer Abfallwirtschaft). This certificate must be provided with the proposal [Deliverable A.006].

b. The Contract Manager shall be able to communicate in both written and spoken English. The contractor shall be able to read and understand regulations, operating instructions, memoranda, and related material concerning the field of work, to prepare correspondence and standardized reports, and to communicate effectively with English-speaking staff members and the public, including both English speaking and non- English speaking persons.

c. The contractor’s lead-personnel shall have a minimum of one (1) year of experience with the handling of wash rack(s) sludge. Contractor’s personnel performing work under this contract shall have a minimum experience of one (1) year in the operation of heavy duty vehicles. Contractor’s personnel operating heavy duty vehicles shall have training certificates (Weiterbildung betriebliche Ausbildung fuer Flurfahrzeuge, Level 3). The contractor shall provide certificates, documents and references proving the qualification of the contractor’s company, personnel and subcontractor’s personnel at the post award conference [Deliverables A.007]. Qualification and training shall be recognized by host nation or EU authorities.

b. Quality Control Manager: Reserved

c. Systems Administrator: Reserved

d. Special Qualifications: Contractor shall provide fully qualified sewer skilled workers with a completed apprenticeship throughout the Period of Performance of this contract. If the Contractor changes personnel identified in the proposal, the Contractor shall provide evidence that proposed replacement personnel have qualifications at least equal to those being replaced at least 30 days prior of replacement. The Contractor shall provide a copy of the holds a valid “Entsorgungsfachbetrieb” (Special Waste Management Company) certification from the Technischer Überwachungsverein (TÜV) or an equivalent recognized testing organization as part of the QCP

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 The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee.

A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes. (Deliverable # A012).

1.13 Contractor Travel: Reserved

1.14 Other Direct Costs (ODCs): Reserved

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

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

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at 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 immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (Deliverable # A013). 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:

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 (Deliverable # A014). 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 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 of 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.

(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.

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) days (Deliverable # A015) that such notifications were made.

1.21.1.3 Reserved

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

1.22.1 Environmental Compliance Plan and Program:

The Contractor shall ensure that all of its operations and activities conform to the USAG Bavaria's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Bavaria installations are conducted in accordance with the USAG Bavaria Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable German environmental laws/standards.

If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/Contracting Officer Representative (COR) of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division.

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department.

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

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within five (5) days (Deliverable # A016) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or five (5) 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 (Deliverable # A017) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within five (5) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable # A018) 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 Two (2) days after completion of the training (Deliverable # A019).

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract (Deliverable # A020). Verification of the training shall be provided to the COR within five (5) calendar days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (Deliverable # A021). Verification of the training shall be provided to the COR within five (5) calendar days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within five (5) calendar days after completion of the training (Deliverable # A020).

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 thirty 30 calendar days after the contract is awarded and within thirty 30 calendar days after new employees commence contract performance, with the results reported to the COR within five (5) calendar days after the contract is awarded and within ten (10) calendar days after new employees commence contract performance (Deliverable # A022).

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

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: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams.

The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

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

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart

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

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

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

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

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

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

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

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

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

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

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

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has…