Attachment 1 - Performance Work Statement (PWS).pdf

Performance Work Statement (PWS)

COLLECTION, PICKUP AND DISPOSAL OF

EDIBLE FOOD WASTE AT USAG BAVARIA –

HOHENFELS

15 MAY 2026

Table of Contents

1.0 Introduction

1.1 Background

1.2 Objectives

1.3 Climatic Conditions. Reserved

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage. N/A

1.7 Restoration of Landscape Damage

1.8 Dust Suppression

1.9 Utility Location. Reserved

1.10 Excavation Permits. Reserved

1.11 Work Clearance. Reserved

2.0 REQUIREMENTS

2.1 Description of Services

2.1.1 Non-Personal Services

2.1.2 General Information

2.1.3 Place of Performance and Hours of Operation

2.1.4 Federal Holidays

2.1.5 Travel/Temporary Duty. Reserved

2.1.6 Emergency Services

2.1.7 Contract Administration and Management

2.1.8 COR Functions

2.1.9 Quality Control (QC)

2.1.10 Subcontract Management

2.1.11 Contractor Employees

2.1.12 Business Relations

2.1.13 Manual Operations. Reserved

2.1.14 Data Rights

2.1.15 Non-Disclosure Requirements

2.1.16 Non-Disclosure Statements

2.2 Work Management

2.2.1 Coordination

2.2.2 General Fund Enterprise Business System (GFEBS): Reserved

2.2.3 Demand Maintenance Orders (DMOs). Reserved

2.2.4 Preventive Maintenance Orders (PMOs). Reserved

2.2.5 Operations Work Orders (OWOs). Reserved

2.2.6 Project Work Orders (PWOs). Reserved

2.2.7 Warranty Program. Reserved

2.3 As-Builts and Geospatial Information System (GIS). Reserved

2.4 Historic Property or Archaeological Site. Reserved

2.5 Special Requirements

2.5.1 Security

2.5.2 Security Training

2.5.3 Safety

2.5.4 Training, Physical Requirements, or other Expertise Required

2.5.5 Environmental Requirements

2.5.6 Contingency Plans. Reserved

2.5.7 Disposal of Unserviceable Material

3.0 Performance Requirements and Standards

3.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs)

3.2 Quality Assurance

3.3 Quality Control Plan (QCP)

3.4 Quality Control Files. Reserved

3.5 Customer Feedback Program. Reserved

3.6 Service Contract Reporting

4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) MATRIX

5.0 COMMON LEVELS OF SERVICE (SERVICE)

6.0 DELIVERABLES

7.0 RELATED DOCUMENTS

7.1 Definitions and Acronyms

7.1.1 Definitions

7.2 Acronyms

7.3 Applicable Directives, Publications

7.3.1 Specific Host Nation and EU Laws, Regulations, Ordinances, and Rules

7.4 Government-Furnished Material (GFM)/Property (GFP)/Equipment (GFE).

Reserved

7.5 U.S. Department of Labor (DOL) Wage Determination (WD). Reserved

7.6 List of Technical Exhibits (TE)

TECHNICAL EXHIBIT 1

TECHNICAL EXHIBIT 2

TECHNICAL EXHIBIT 3

TECHNICAL EXHIBIT 4

1.0 Introduction.

This is a non-personal services contract to provide collection, pick up, and disposal of edible food waste 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 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 this PWS.

1.1 Background

The service includes delivery, placement, and cleaning of waste storage containers, labeling and maintenance of containers, pickup of food waste and disposal of food waste at USAG Bavaria- Hohenfels. USAG Bavaria is located in the Free State of Bavaria, Germany, and consists of 163 km2, has 1,345 buildings for training, and has 319 kilometers of road and numerous cross-country trails. The population base consists of approximately 9,111 military, Government civilian, and Contactor personnel, as well as resident family members.

1.2 Objectives.

The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications described under para. 7.2 Applicable Directives, Publications of this PWS. The Contractor shall ensure that all work meets the level of service, performance standards, and/or tolerances specified in the PWS or in applicable referenced documents including TE 2 – Record of Service and TE 3 - Pickup Schedule.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by para. 6.0 Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract.

The intent is to establish work requirements that are performance-based and results oriented. The Contractor shall determine the best and most cost-effective ways to fulfill delivery, placement and cleaning of food waste containers, labeling and maintenance of containers, pickup of food waste and disposal of food waste, emphasizing innovation and commercial best practices. The Contrac-tor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS.

1.3 Climatic Conditions. Reserved

1.4 Facility Access.

The Contractor will have access to all systems and equipment to be serviced under this contract during the regular operation hours as determined under para. 2.1.3.1.

1.5 Traffic Flow

The Contractor shall maintain the free flow of traffic during surfaced area maintenance. Emer-gency road closures shall be coordinated with the Contracting Officer Representative (COR).

1.6 Drainage. N/A

1.7 Restoration of Landscape Damage.

Trees or other landscape features damaged by the Contractor’s operations shall be restored to the original state at no additional cost to the Government. The COR will decide the method of restoration for trees or whether damaged trees will be removed.

1.8 Dust Suppression.

The Contractor shall perform dust suppression as requested by the COR.

1.9 Utility Location. Reserved

1.10 Excavation Permits. Reserved

1.11 Work Clearance. Reserved

2.0 Requirements.

2.1 Description of Services.

2.1.1 Non-Personal Services.

The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in rela-tionships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regula-tion (FAR) Subpart 37.104, under general contracting authority, and do not require spe-cific statutory authorization.

2.1.2 General Information.

2.1.2.1 Transition (Phase In/Phase Out). Reserved

2.1.2.1.1 Phase In/Phase Out for Incumbent Contractor. Reserved

2.1.2.2 Transition (Phase-Out). Reserved

2.1.3 Place of Performance and Hours of Operation.

2.1.3.1 Place of Performance.

The work to be performed under this contract shall be performed at USAG Bavaria - Ho-henfels at locations listed in TE 3 - Pickup Schedule.

2.1.3.2 Hours of Operation.

The Government's regular (normal) hours are from 0730 – 1600 hours Monday through Friday except on Federal and Host Nation holidays or when the Government facility is closed due to local and/or national emergencies, administrative closings, or similar Government directed facility clos-ings. The Contractor shall conduct business during regular hours and IAW para. 2.1.4 Holidays (refer to para. 2.1.4.1 for Contractor Response Time and Support Hours).

2.1.4 Federal Holidays.

The Contractor’s performance shall not be required on U. S. Federal public holidays or German National Holidays, as listed below; pickup dates and times shall be as defined in TE 3 – Pickup Schedule. There will be two pickups per week; if a pickup day coincides with a holiday, pickup shall be occur on the day following the scheduled pickup day. If required by task order, placement and emptying of containers for rotational training support shall be performed 7 days per week including on weekend and holidays (refer to para. 2.1.4.1 for Contractor Response Time and Support Hours).

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Juneteenth 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

NOTE: When a holiday falls on a Sunday, the following Monday will be observed as a holiday, and, when a holiday falls on a Friday or Saturday, the preceding Thursday is observed as a holiday by U.S. Government Agencies. Federal holidays also include any Presidential or Congressionally designated days off other than the holidays listed above.

Recognized German Holidays:

1st January New Year’s Day (Neujahr) 6th January Three King’s Day (Heilige Drei Könige) Varies yearly Good Friday (Karfeitag) Varies yearly Easter Monday (Ostermontag) 1st May Labor Day (Tag der Arbeit) Varies yearly Ascension Day (Christi Himmelfahrt) Varies yearly Whit Monday (Pfingstmontag) Varies yearly Corpus Christi (Fronleichnam) 15th August Assumption Day (Mariä Himmelfahrt) 3rd October Day of German Unity (Tag der Deutschen Einheit) 1st November All Saints’ Day (Allerheiligen) 25th December 1st Christmas Day (1. Weihnachtsfeiertag) 26th December 2nd Christmas Day (2. Weihnachtsfeiertag)

2.1.4.1 Contractor Response Time and Support Hours

Generally, the Program Manager or alternate(s) shall be available for telephone, fax, and elec-tronic mail communications with the COR on work days Monday through Friday from 0730 to 1600 hours. Personal answering service is permitted outside of these hours, however, the Pro-gram Manager shall respond to the COR not later than (NLT) 0830 the next regular working day.

The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS at all times. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.1.4.2 Installation Closures.

When an unforeseen installation closure occurs on a regularly scheduled day of work, the Con-tractor shall:

• Reschedule the work to be performed the following day unless the following day is a Sat-urday, Sunday, a legal public holiday, and when routine work is not scheduled for that day;

or

• Reschedule the work in coordination with COR. The Government will unilaterally deter-mine the dates and times if no agreement can be reached.

2.1.4.3 Inclement Weather Delay.

If the Contractor determines unsafe weather conditions for continued operations, then the Con-tractor shall notify the COR within two hours if inclement weather suspends operations. The Con-tractor shall resume operations in coordination with the COR.

2.1.4.4 Curtailment of Operations.

When operations are curtailed due to manmade or natural conditions on a working day, it may be necessary for the KO/COR to interrupt that day’s work under this contract. The Contractor shall reschedule the work on any day acceptable to the Government. If the KO agrees, the Contractor may continue the work as scheduled. The KO will provide verbal announcements of immediate curtailment of operations to the Contractor.

2.1.4.5 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, coordi-nation 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.

2.1.4.6 Days of No Scheduled Activities (DONSA). Reserved

2.1.5 Travel/Temporary Duty. Reserved

2.1.6 Emergency Services.

2.1.6.1 Emergency Medical Treatment.

The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel.

2.1.6.2 Accident Reporting.

The Contractor or their employees shall immediately notify their supervisor of any accident requir-ing emergency medical treatment. The Contractor shall notify the Fire Department POC and the COR immediately, NLT two hours after the incident [Deliverable A.001].

2.1.7 Contract Administration and Management.

2.1.7.1 Post Award Conference/Performance Evaluation Meetings.

The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The COR may meet quarterly with the Contractor to review the Contractor's performance. Written minutes of meetings may be recorded by the Government and in this case will be signed by both the Program Manager and the attending Government representative(s). The written minutes may be distributed within five working days after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calen-dar days following receipt of the minutes.

The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meet-ings, 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 Pro-gram Manager or designated representative shall attend meetings as requested by the Govern-ment. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter.

Meetings may start and/or end outside of regular duty hours.

2.1.7.2 Contractor’s Responsibilities

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed.

The Contractor shall compile historical data, prepare required reports, and submit information as specified by section 6.0 Deliverables of this PWS.

The Contractor shall provide an Installation Pass Log of all Contractor employees, subcontractors, subcontractor employees, and their vehicles including last, first, middle name of the employee (and subcontractors); copy of her/his valid personal identifier (e. g. passport); copy of his/her valid residence permit (only for non-EU citizens); date the employee will start working on the installation included probation and training period; criminal record certificate (polizeiliches Führungszeugnis);

security questionnaire for a simple security check; registration information on privately owned vehicle (POV) used for the work at the installation: plate number, country, make, model, year, body type, and color. The log shall be updated as employees are added or removed and include last, first, middle name of the employee’s sponsor (if applicable, for the time a new employee does not have any permanent installation access) as well as contact details of the sponsor. The updated installation pass log shall be current and available at any time upon request by the Gov-ernment and submitted to the COR NLT the post award conference and within five (5) days after any changes to the log [Deliverable A.002].

2.1.7.3 The following provides the roles and their respective authority during the perfor-mance of the contract:

2.1.7.3.1 Contracting Officer (KO).

The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. All contract administration will be affected by the KO.

Communications pertaining to contractual administrative matters shall be addressed to the KO.

No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes. The KO will approve all submittals and plans required in this PWS.

2.1.7.3.2 Contracting Officer’s Representative (COR).

The KO will appoint a COR during the performance of this contract. Additional Government per-sonnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Over-sight of Service Acquisitions. Other surveillance personnel may be designated as COR or Alter-nate Contracting Officer’s Representative (ACOR), and shall be trained and appointed IAW DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification and DFARS 201.602-2.

The Alternate Contracting Officer Representative (ACOR) is an individual trained, designated and authorized in writing by the contracting officer to perform specific technical and administrative functions ONLY in the absence of the Primary COR, i.e. on leave, sick leave, or admin leave. The ACOR will serve as on-site representatives of the COR in performance of actual contract surveil-lance ONLY in the absence of the Primary COR, if they meet all COR training, experience re-quirements, and are appointed by the KO as an ACOR. The COR/ACOR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR/ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.7.3.3 COR Authority.

A letter of designation will be issued to the COR/ACOR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR/ACOR, especially regarding changes in cost, price estimates, or changes in delivery dates.

The COR/ACOR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order.

2.1.7.3.4 Contractor

The Contractor shall not in any way represent the United States (U.S.) Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

2.1.8 COR Functions.

The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is authorized to perform the following functions: assure 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; monitor, docu-ment, and report Contractor's performance and notify both the KO and Contractor of any deficien-cies; coordinate availability of Government-Furnished Property, and coordinate site entry of Con-tractor personnel.

2.1.9 Quality Control (QC).

Quality Control is the responsibility of the Contractor. The Contractor shall provide a Quality Con-trol Plan (QCP) to the COR at least five working days before the contract starts. The Government will review and may either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor. If the Government has provided comments, the Contractor shall then have three days to submit a Final QCP.

After receipt of the Final QCP, the Contractor may receive the KO’s acceptance in writing.

Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the KO through COR NLT 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 [Deliverable A.003]. Refer to para. 4.2 Quality Control Plan.

2.1.9.1 Identified Issues or Potential Problems

The Contractor shall inform the COR of issues or potential issues that might affect the perfor-mance within 24 hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days [Deliverable A.004].

2.1.10 Subcontract Management.

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this contract and shall be responsible and accountable for subcontractor perfor-mance on this contract. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations (FAR Subpart 9.5).

2.1.11 Contractor Employees.

2.1.11.1 Key Personnel.

2.1.11.1.1 Program Manager (PM).

The Contractor shall provide a Program Manager and an alternate Program Manager who are responsible for the performance of the work. The Program Manager shall conduct overall man-agement coordination and shall be the central POC with the Government for performance of all work under the PWS. Both the Program Manager and the alternate Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this Contract.

The Program Manager and Alternate Program Manager shall have a minimum of three years’ experience in the trade and shall be a TUEV-certified Waste Management Specialist (Be-triebsbeauftragter fuer Abfallwirtschaft). This certificate and proof of experience must be provided with the proposal.

The names of these individuals shall be provided in writing to the KO with the proposal [Deliver-able A.005].

At the Post Award conference, but NLT ten days after contract award date, the Contractor shall submit to the COR , in writing, the name, title, email address, office, and mobile working telephone number of the Program Manager and the alternate Program Manager. The same information shall be submitted NLT ten days after any changes of key personnel occur [Deliverable A.006]; this information shall also become a part of the QCP, refer to para. 4.2 Quality Control Plan (QCP).

2.1.11.1.1.1 Language Proficiency

All key personnel shall be able to understand, speak, read, and write in English and German languages.

The Contractor shall ensure that all personnel assigned to the Food Waste services possess a language level sufficient to understand safety instructions, follow written procedures, and com-municate effectively with supervisors. The required level is determined based on these opera-tional needs and aligned with the framework. The minimum level for Food Waste services shall be Level II. Proof of language proficiency shall be provided upon request.

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

2.1.11.1.1.2 Employee Expertise

Contractor personnel operating heavy duty vehicles shall have training certificates (Weiterbildung betriebliche Ausbildung fuer Flurfahrzeuge, Level 3 / Advanced Training for Internal Industrial Truck Instructors, Level 3), DGUV Grundsatz 308-001. Contractor shall ensure that all personnel is fully qualified.

2.1.11.1.2 GFEBS PM Coordinator Lead. Reserved

2.1.11.1.3 GFEBS Certification. Reserved

2.1.11.1.4 Common Access Card (CAC). Reserved

2.1.11.1.5 U.S. Residency. Reserved

2.1.11.1.6 Qualification Standards.

The Contractor shall perform collection, pickup, and disposal of edible food waste at USAG Ba-varia – Hohenfels according to TE 3 - Pickup Schedule as required throughout this contract utiliz-ing properly trained, skilled, and qualified employees and/or subcontractor personnel. The Con-tractor shall ensure that personnel conducting collection, pickup, and disposal of edible food waste at USAG Bavaria – Hohenfels have at least one year of experience in this field of work and are able to work in compliance with the manufacturer’s operation and maintenance instructions and as outlined in the applicable European and German regulations, refer to para. 2.5.4 Training, Physical Requirements, and/or other Expertise Required.

2.1.11.1.7 Contractor Identification.

All Contractor personnel attending meetings, answering Government telephones, presenting briefings, conducting or attending meetings, and seminars, and working in other situations where their Contractor status is not obvious to third parties must to distinguish themselves (e. g., badge, company logo, and/or uniform) from Government employees to avoid the appearance 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 appro-priately disclosed. All Contractor correspondence (written, facsimile, and email display) shall in-clude their company name. Refer to para. 7.5 Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE).

2.1.11.1.8 Standards of Conduct.

Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government Installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor shall ensure all Con-tractor employees, providing services under this contract, conduct themselves and perform ser-vices in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the Installation. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

2.1.11.1.9 Contractor Hiring Restrictions.

The Contractor shall not hire or sub-contract with off-duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.1.11.1.10 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 KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall submit a plan within twenty-four (24) hours after the Contractor becomes aware of potential or actual OCI to the KO via COR and/or ACOR to avoid or mitigate any such OCI [Deliverable A.007]. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or miti-gated, the KO 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.

2.1.11.1.11 Company Experience and Expertise

The Contractor shall be a registered Entsorgungsfachbetrieb (EFB) / Certified waste management company in accordance with the German Closed Substance Cycle and Waste Management Act (Kreislaufwirtschaftsgesetz - KrWG) and the Ordinance on Specialized Waste Management Com-panies (Abfallverzeichnisverordnung – AfbV) certified to handle, transport, and dispose waste.

Proof must be submitted with the proposal. [Delivarable A005]

The contractor must provide accreditation to perform waste management to include the collection, transportation, storage, handling, recycling, and disposal of food waste according to German and local Laws and Regulations, including the Closed-Cycle Material Management Law.

2.1.12 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the re-quirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government.

The Contractor shall provide to the COR corrective action plans, timely identification of issues, and effective management of subcontractors within ten days after identification of the issue or at a mutually agreed upon date [Deliverable A.008].

The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.1.13 Manual Operations. Reserved

2.1.14 Data Rights

The Government has unlimited rights to all documents and materials produced under this con-tract. 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 docu-ments and materials may not be used or sold by the Contractor without written permission from the KO. 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.

2.1.15 Non-Disclosure Requirements

Performance under this contract may require the Contractor to access data and information pro-prietary to a Government agency, another Government Contractor, or of such nature that its dis-semination or use other than as specified in this PWS 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 Gov-ernment personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS.

All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html.

The Contractor shall not cite any information (e. g. contract information, pictures, locations, etc.)

obtained through this contract on any marketing tools to include its company website.

2.1.16 Non-Disclosure Statements

The Contractor shall provide signed non-disclosure agreements to the Government prior to com-mencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract [Deliverable A.009].

2.2 Work Management.

2.2.1 Coordination.

The Contractor shall schedule and coordinate with the COR to minimize disruptions to the fa-cility mission. All correspondence shall be submitted within the established suspense dates.

All extensions, releases, or other relief of suspense requirements shall be obtained from the originating office by the Contractor.

2.2.2 General Fund Enterprise Business System (GFEBS): Reserved

2.2.2.1 Army Maintenance Application (ArMA): Reserved

2.2.2.1.1 Contingency Plan: Reserved

2.2.2.1.2 Transition (Phase-in) Plan: Reserved

2.2.2.1.3 ArMA and GFEBS: Reserved

2.2.2.1.4 Duplicate Orders. Reserved

2.2.3 Demand Maintenance Orders (DMOs). Reserved

2.2.3.1 DMO Desk. Reserved

2.2.3.2 DMO Call Receipt and Entry. Reserved

2.2.3.3 GFEBS and/or ArMA Case Number. Reserved

2.2.3.4 Completed Work. Reserved

2.2.4 Preventive Maintenance Orders (PMOs). Reserved

2.2.4.1 PMO Program. Reserved

2.2.4.2 PMO Schedules. Reserved

2.2.4.3 Approved PM Schedule. Reserved

2.2.4.4 PMO Stickers/Log. Reserved

2.2.4.5 Warranty Program. Reserved

2.2.4.6 Operation and Maintenance (O&M) Manual Digital Library. Reserved

2.2.5 Operations Work Orders (OWOs). Reserved

2.2.6 Project Work Orders (PWOs). Reserved

2.2.7 Warranty Program. Reserved

2.3 As-Builts and Geospatial Information System (GIS). Reserved

2.4 Historic Property or Archaeological Site. Reserved

2.5 Special Requirements.

2.5.1 Security.

2.5.1.1 Access and General Protection/Security Policy and Procedures.

The Contractor and all associated Subcontractors’ employees shall comply with applicable Instal-lation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DoD), Headquarters Department of the Army (HQDA), and local policy. The COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or Installation changes.

2.5.1.2 Motor Vehicle Operators. Reserved

2.5.1.3 Contractor Vehicle Registration. Reserved

2.5.1.4 Physical Security.

The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use IAW AR 190-13, The Army Physical Security Program. The Contractor shall main-tain a physical security checklist or log (e.g., Standard Form (SF) 701, Activity Security Checklist), which will be forwarded to the KO and COR, NLT the 10th of each month, following the month of surveillance. The Contractor shall secure Government facilities, equipment, and materials at the close of each work period.

2.5.1.5 Background Checks

The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or Security Office.

2.5.1.6 Employee Terminations. Reserved

2.5.1.7 Departing Employees. Reserved

2.5.1.8 Key Control. Reserved

2.5.2 Security Training.

2.5.2.1 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 train-ing 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 five days after new employees commence contract performance, with the results reported to the COR within three days after completion of the training [Deliverable A.010]. Training slides can be found on https://fscxcorp.com/wp-content/uploads/2019/06/iWatch- Training-Acknowledgement-Form.pdf.

2.5.2.2 Anti-Terrorism (AT) Level 1 Awareness Training.

All Contractor employees, including subcontractor employees, who are employed under the con-tract, shall complete AT Level I Training within 30 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30days after employ-ment of new personnel. Contractor personnel travelling overseas shall complete area of respon-sibility (AOR) specific AT awareness training for U.S. based Contractor employees and associ-ated subcontractor employees.

The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within three days after completion of this training by all employees and subcontractor personnel [Deliv-erable A.011]. AT Level I awareness training is available at https://jkodirect.jten.mil.

Contractor personnel shall complete refresher training [Deliverable A.012] every 12 months ex-cept 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 within three days after completion of the training.

2.5.2.3 Operational Security (OPSEC) Awareness Training.

All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 days of employment under this contract. Verification of the training shall be provided to the COR within three days after completion of the training [Deliverable A.013]. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within three days after completion of the training [Deliverable A.014].

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 three days after completion of the training.

2.5.3 Safety.

The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract.

The Contractor shall comply with AR 385-10, The Army Safety Program.

2.5.3.1 Safety Plan.

https://fscxcorp.com/wp-content/uploads/2019/06/iWatch-Training-Acknowledgement-Form.pdf https://fscxcorp.com/wp-content/uploads/2019/06/iWatch-Training-Acknowledgement-Form.pdf

The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the COR within ten (10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change [Deliverable A.015].

2.5.3.2 Occupational Safety and Health Administration (OSHA).

The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and directives.

To ensure the Performance Work Statement (PWS) is legally binding and enforceable, the Con-tractor shall comply with the following specifically named regulations and technical standards for the handling, storage, and cleaning of food waste systems:

1. U.S. Federal Standards (OSHA): 29 CFR 1910.141 (Sanitation), governing the prevention of vermin and mandatory waste removal to maintain sanitary conditions.

2. Host Nation Law (Germany) & EU Regulations:

2.1. Regulation (EC) No. 852/2004 (Food Hygiene): Annex II, Chapter VI, requiring waste removal 'as quickly as possible' to prevent cross-contamination.

2.2. Tierische Nebenprodukte-Beseitigungsverordnung (TierNebV): Mandating the hygienic collection, transport, and disposal of kitchen and canteen waste (Category 3 materials).

2.3. § 22 Kreislaufwirtschaftsgesetz (KrWG): Establishing the legal duty for the safe and or-derly recovery/disposal of commercial waste.

3. Technical Standards for Cleaning (VDI):

3.1. VDI 2160 (Speiseresteanlagen): This specific technical rule governs the planning, oper-ation, and mandatory cleaning cycles for food waste collection systems and containers to prevent odors and hygiene risks.

3.2 VDI 6022 (Hygiene Requirements for Ventilation): If waste is stored in cooled or ventilated areas, this standard defines the microbial limits and cleaning intervals.

4. Military Directives: Final Governing Standards for Germany (FGS-G), Chapters 6 and 15, which harmonize U.S. Army requirements with German environmental law for installations in Bavaria.

2.5.3.3 Accident report

The Contractor shall comply with all safety and fire regulations as prescribed in applicable US, European, and German safety and fire prevention and protection codes, regulations, rules, and ordinances. In the event of an accident or injury, the Contractor shall forward one completed copy of an accident report (local Contractors submit copy of locally required accident report; American Contractors submit copy of DA Forms 285, 285-A, 285-AB, 285b, 285-O, 285-W, United States Army Accident Investigation Report) to the KO via COR and ACOR not later than three workdays after occurrence for all personal injury accidents [Deliverable A.016].

2.5.4 Training, Physical Requirements, or other Expertise Required

The Contractor shall ensure all Contractor’s employees and associated subcontractors who will conduct collection, pick up and disposal of edible food waste at USAG Bavaria – Hohenfels under this PWS are experienced, specialized, and qualified persons who have thorough knowledge of the equipment listed in TE 3 - Pickup Schedule and aware of dangers and accident emergency measures related to work with these systems.

2.5.5 Environmental Requirements.

2.5.5.1 Green Procurement. Reserved

2.5.5.2 Recycled or Recovered Products. Reserved

2.5.5.3 Environmental Compliance.

The Contractor shall comply with all Federal, State, local, DA, and installation environmental laws, rules, plans, and policies including air and water pollution control requirements:

Sanitation & Cleanup (30-Minute Rule):

• EU Regulation (EC) No. 852/2004 (Food Hygiene), Annex II, Chapter VI: Requires the immediate removal of food waste to prevent contamination and pest attraction.

• U.S. Standard 29 CFR 1910.141 (OSHA Sanitation): Mandates that all sweepings, solid or liquid wastes shall be removed in such a manner as to avoid creating a menace to health.

Water & Soil Protection (Spillage):

• German Law: Wasserhaushaltsgesetz (WHG) § 62: Regulates the handling of substances hazardous to water (including organic fats/waste) and requires immediate containment of spills.

• AwSV (Verordnung über Anlagen zum Umgang mit wassergefährdenden Stoffen): Spec-ifies the technical requirements for waste containers and cleaning areas to prevent leak-age into the groundwater.

Waste Disposal & Animal By-Products:

• EU Regulation (EC) No. 1069/2009 (Animal By-Products): Classifies food waste as Cate-gory 3 material, requiring strict hygiene during transport and processing to prevent disease spread (e.g., Swine Fever).

• German Law: Tierische Nebenprodukte-Beseitigungsverordnung (TierNebV): Enforces the safe and odor-free disposal of kitchen and canteen waste.

Air & Odor Control:

• Bundes-Immissionsschutzgesetz (BImSchG) § 22: Obligates the Contractor to prevent avoidable noise and odor nuisances (e.g., from unwashed bins or idling heavy-duty vehi-cles) during service.

• VDI 2160 (Technical Standard for Food Waste Systems): Defines the mandatory cleaning cycles for containers and systems to ensure sanitary air quality.

The Contractor shall use and store all materials, chemicals, and equipment used in the perfor-mance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's noncompliance. The Contractor shall submit Safety Data Sheets (SDS) to the COR on all materials five days before delivery of the material [Deliverable A.017].

The Contractor shall provide upon request from the COR all required data to meet environmental-mandated reporting requirements (e. g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation).

The Contractor shall provide data to meet reporting deadlines and during compliance inspections upon request from the COR [Deliverable A.018].

The Contractor has an affirmative obligation to promptly notify the Contracting Officer if they iden-tify any conflict or disparity between the contract's technical requirements and applicable local, state, or federal laws, rules, or regulations. The Contractor must immediately notify the COR in writing of any such disparities. Failure to provide such notification prior to performance shall result in the Contractor assuming all risks and liabilities associated with non-compliant performance.

2.5.5.4 Spill Plan.

The Contractor shall notify the Fire Department, the COR within one hour, if the Contractor spills or releases any hazardous substances, i. e. substances listed in 40 CFR 302, Designation, Re-portable Quantities, and Notification [Deliverable A.019]. The Contractor shall establish a Spill Prevention and Cleanup Plan for handling POL, spill prevention, and spill cleanup in cooperation with the Community Spill Coordinator and the fire department and submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Counter-measure Plan [DeliverableA.020]. The Contractor shall comply with the USAG Hohenfels Spill Prevention and Response Plan.

2.5.6 Contingency Plans. Reserved

2.5.7 Disposal of Unserviceable Material

The Contractor shall be responsible for disposal of unserviceable material at an authorized dis-posal site and IAW host nation waste disposal laws.

3.0 Performance Requirements and Standards.

3.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs)

3.1.1 Damage Caused by Contractor

Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR and return the damaged area to its previous condition. The Con-tractor shall furnish all labor, materials, and equipment to perform the repair work including culti-vating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair work to ensure successful growth.

3.1.2 Damage Report

The Contractor shall submit a damage report to the COR that annotates the damage, corrective action, and date corrected NLT five (5) days after the damage took place [Deliverable B.001].

3.1.3 Services

The Contractor shall provide collection, pickup, and disposal of edible food waste at USAG Ba-varia – Hohenfels as listed in TE 3 - Pickup Schedule. Services of the Contractor comprise all labor and incidental costs which arise for the administration, control, supervision, planning, oper-ation, inspection, calibration, testing, transportation, maintenance, trouble-shooting, repair, and replacement of parts and material.

3.1.4 Recurring Services

The Contractor shall provide recurring services which shall include the following:

3.1.4.1 Delivery and Placement of Food Waste Container

The Contractor shall supply and deliver all necessary containers during the life of the contract.

Note: Billing shall be based on the rental cost for one container per day (Ref. TE 1 - Estimated Workload Data, ELINs X0004).

a) STD: Containers shall be standardized brown, water-proof 120L plastic containers with wheels and firmly mounted cover lids. The Contractor shall set up the required con-tainers IAW TE 3 - Pickup Schedule and in coordination with COR. Note: Any contain-ers removed for maintenance purposes are to be replaced within max. two (2) hours af-ter removal.

AQL: 95% compliance to the monthly schedule

b) STD: All containers shall remain at the site for the duration of the contract.

c) STD: The containers at dining facilities not occupied/used by training troops shall be stored inside particular buildings after emptying.

d) STD: The Contractor shall also provide one each refrigerator unit (of volume 28.4 cbm) for interim storage of 35 – 40 each filled 120L food waste containers at the Dining Facility # 857.

e) STD: The Contractor shall be prepared to place up to 300 additional 120L food waste contain-ers for rotational unit, IAW the task order.

AQL: 100%

3.1.4.2 Labeling, Maintenance, and Cleaning of Containers

The Contractor shall label all bins with a weather resistant, self-adhesive sticker IAW TE 5 - CON-

TAINER LABEL.

Note: The containers will remain the sole property of the Contractor and shall be kept fully func-tioning at all times.

a) STD: Damaged, unserviceable containers (i. e. leaking bins, defective lids, broken wheels, damaged labeling, unsanitary condition bins, etc.) shall be repaired and/or replaced by the Con-tractor within two (2) hours after notification of the unserviceable containers . The Contractor either shall replace the containers with clean bins or bring a specialized cleaning truck to the site and clean the inside and the outside of the bins there.

AQL: 95% compliance to the monthly schedule

b) STD: Disinfection of the containers must be performed after cleaning to ensure proper sanitary conditions for the customers. Note: Contractor must ensure that any cleaning products used will not cause pollution at the pickup site. Any cost for maintenance of containers as well as the re-quired labeling shall be included with the rental cost. The cost of the cleaning and disinfection of the bins as described above will be included in the pickup cost.

AQL:95% compliance to the monthly schedule

c) STD: The Contractor…