Attachment 1 Performance Work Statement (PWS).pdf

Performance Work Statement (PWS) for

Grounds Maintenance / Grass-Cutting at United States Army Garrison (USAG)

Bavaria – Hohenfels

(16 December 2021)

Contents

1.0 Introduction

1.1 Background

1.2 Objectives

1.3 Hohenfels Climatic Conditions

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage: N/A

1.7 Restoration of Landscape Damage

1.8 Dust Suppression N/A

1.9 Utilities N/A

1.10 Digging Permit N/A

2.0 Requirements

2.1 Description of Services

2.1.1 Non-Personal Services

2.1.2 Hours of Operation

2.1.3 Holidays

2.1.4 Travel/Temporary Duty: N/A

2.1.5 Emergency Services: N/A

2.1.6 Contract Administration and Management

2.1.7 COR/ACOR Functions

2.1.8 Quality Control Submittals

2.1.9 Subcontract Management

2.1.10 Contractor Employees

2.1.11 Business Relations

2.1.12 Data Rights

2.1.13 Non-Disclosure Requirements

2.1.14 Non-Disclosure Statements

2.2 General Information:

2.3 As-Builts and Geospatial Information System (GIS): N/A

2.4 Historic Property or Archaeological Site: N/A

2.5 Special Requirements

2.5.1 Security

2.5.2 Security Trainings

2.5.3 Safety

2.5.5 Environmental Requirements

2.5.6 Contingency Plans: N/A

2.5.7 Disposal of Unserviceable Material

2.5.8 Authorization to Perform Services in Germany

2.5.9 Electromagnetic Compatibility Directive

2.5.10 Conventional Forces Europe Treaty (CFET) Verification Inspection

2.6 Job Order Contract (JOC) Quality Assurance (QA)/ Inspection Support: N/A

3.0 Performance Requirements and Standards

3.1 High Level Objectives

3.1.1 Performance Task Requirements, Standards, and Acceptable Quality Levels

3.2 Transition: N/A

3.3 Service Contract Reporting

3.3.1 System for Award Management (SAM) Service Contract Report (SCR)

3.3.2 Steps for Submitting a Service Contract Report (SCR)

3.3.3 Steps for Editing a Submitted Report

3.4 Market Research Questionnaire

4.0 Performance Requirements Summary (PRS) Matrix

4.1 Quality Assurance

4.2 Quality Control Plan (QCP)

5.0 Common Levels of Service (CLS)

6.0 Deliverables

7.0 Related Documents

7.1 Definitions and Acronyms

7.1.1 Definitions

7.1.2 Acronyms

7.2 Applicable Directives, Publications

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

7.3 List of Technical Exhibits (TE)

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

7.4.1 Utilities

7.4.2 Facilities

7.5 Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE)

7.5.1 Contractor-Furnished Material and Responsibilities

7.5.2 Contractor-Furnished Items

7.5.3 Contractor Facilities: N/A

7.6 U.S. Department of Labor (DOL) Wage Determination (WD): N/A

TECHNICAL EXHIBIT 1

Estimated Workload Data

TECHNICAL EXHIBIT 2

Areas Map (without TMP 1)

TECHNICAL EXHIBIT 3

Area Map of TMP 1

TECHNICAL EXHIBIT 4

Record of Service

1.0 Introduction

This is a non-personal services contract to provide grounds maintenance services 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 mowing, edging, and trimming of grass, weed removal, mulching, and further related services at USAG Bavaria – Hohenfels which is required by safety guidelines; Technical Manual (TM) 5-630: Natural Resources Land Management; Active Technical Bulletin 420-22 03/01/1984: Engineered Performance Standards Public Works Maintenance: Roads, Grounds, Pest Control, Refuse Collection Handbook; TM 5-803-11 for Children's Outdoor Play Areas; and further regulations defined in 7.2 Applicable Directives, Publications. USAG Bavaria – Hohenfels 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 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.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by 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 grounds maintenance services at USAG Bavaria – Hohenfels, emphasizing innovation and commercial best practices. The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS.

1.3 Hohenfels Climatic Conditions

The average annual rainfall is 2.7 inches (6.85 cm); with the wettest months being May – August. The average annual snowfall is at least 0.1 inches (0.25), with snowfall expected during the period of November – March. The average frost-free period (growing season) during the year is about 159 days. The first killing frost may be expected about November, and the last killing frost generally occurs in April. The average annual maximum and minimum temperatures are approximately with an average high of 76°F (24.4°C) and low of 53°F (11.6°C) in the hottest day of the year and with an average low of 23°F (-5°C) and high of 37°F (2.7°C) in the coldest day of the year, respectively. Monthly normal temperatures ranged from below 43°F (6.1°C) in the months of November to March to a high of above 67°F (19.4°C) in the months of May to September.

1.4 Facility Access

The Contractor shall ensure access to all fire detection and suppression systems in case of emergencies or for other Fire Department purposes. The Contractor shall inform the Fire Department point-of-contact (POC), prior to outages that will impact the function of the system, special problems or circumstances, which require Fire Department inspection.

The Fire Department will reset alarm systems to operational status.

1.5 Traffic Flow

The Contractor shall maintain the free flow of traffic during surfaced area maintenance.

The Contractor shall notify the Contracting Officer Representative (COR) and/or Alternate Contracting Officer Representative (ACOR), in writing, a minimum of fourteen (14) calendar days in advance of any scheduled closure of streets [Deliverable A.001].

Emergency road closures shall be coordinated with the Contracting Officer Representative (COR) or Alternate Contracting Officer Representative (ACOR).

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 at no additional cost to the Government.

1.8 Dust Suppression. N/A

1.9 Utility Location. N/A

1.10 Excavation Permits. N/A

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 relationships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.1.2 Hours of Operation

The Government's regular (normal) hours are from 0730 to 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 closings. The Contractor shall conduct business during regular hours (refer to 2.1.3.1 for Contractor Response Time and Support Hours).

2.1.3 Holidays

The Contractor’s performance shall not be required on local Host Nation holidays (refer to

2.1.3.1 for Contractor Response Time and Support Hours). The Contractor is responsible to inform himself about local Host Nation Holidays of the Area/County/Country the work will be performed.

If submittal of any documentation deadlines (e. g. deliverables, etc.) fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

2.1.3.1 Contractor Response Time and Support Hours

Generally, the Program Manager or alternate(s) shall be available for telephone, fax, and electronic mail communications with the COR and/or ACOR on work days Monday through Friday from 0700 to 1800 hours except on local Host Nation holidays and/or when the Government installation and/or facility is closed due to local or national emergencies, administrative closings, or similar Government directed installation and/or facility closings.

Personal answering service is permitted at other than normal Government work days or hours, provided, response by the Program Manager or alternate(s) to the COR and/or ACOR is made not later than (NLT) at 0830 at start of next regular work day after the notification and/or initial call.

The Contractor shall perform work under this contract between 0700 and 1800 hours Monday through Friday except on local Host Nation holidays and/or when the Government installation and/or facility is closed due to local and/or national emergencies, administrative closings, or similar Government directed installation and/or facility closings. The Contractor’s work schedule may change due to outdoor ceremonies and/or vehicles parked close to the maintained areas. The Contractor shall be able to complete the services before or after the scheduled performances and/or ceremonies and/or after the vehicles and/or equipment were moved from the areas to be maintained.

The Contractor must 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.

2.1.3.2 Installation Closures

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

1. Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

2. Reschedule the work in coordination with COR and/or ACOR, the Government will unilaterally determine the dates and times if no agreement can be reached.

2.1.3.3 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.

2.1.3.4 Inclement Weather Delay

If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the COR and/or ACOR if inclement weather suspends operations within two (2) hours. The Contractor shall not continue grounds maintenance works during excessive rainfalls and frost. The Contractor shall resume operations in coordination with COR and/or ACOR. In coordination with the COR and/or ACOR, the services may be finished by the Contractor from Monday to Saturday from 1800 to 2000 hours; the services shall not be performed on Sundays.

2.1.4 Travel/Temporary Duty: N/A

2.1.5 Emergency Services: N/A

2.1.5.1 Notifications on Accidents

The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the Fire Department Point of Contract (POC), and the COR and/or ACOR immediately, NLT two (2) hours of the incident [Deliverable B.001].

2.1.5.2 Medical Treatment Services

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

2.1.6 Contract Administration and Management

2.1.6.1 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 and/or ACOR 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 (5) work 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 COR within two (2) calendar days following receipt of the minutes.

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 Project 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 and/or end outside of regular duty hours.

2.1.6.2 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 6.0 Deliverables of this 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 Government and submitted to the COR and ACOR NLT the post award conference and within five (5) days after any changes to the log [Deliverable B.002].

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) days [Deliverable B.003]. 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) days [Deliverable B.003].

2.1.6.3 Authorities

The following provides the roles and their respective authority during the performance of the contract:

2.1.6.3.1 Contracting Officer

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 effected 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 may approve all submittals and plans required in this PWS.

2.1.6.3.2 Contracting Officer’s Representative (COR)

The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR and/or 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 ACOR will serve as on-site representatives of the COR in performance of actual contract surveillance, if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR. The COR and/or ACOR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR and/or ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.6.3.2.1 COR Authority

A letter of designation will be issued to the COR and/or 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 and/or ACOR, especially with regard to changes in cost, price estimates, and/or changes in delivery dates. The COR and/or ACOR is not authorized to change any of the terms and conditions with regard to cost, quantity, and/or schedule of the resulting order.

2.1.6.3.3 Contractor

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

(USA).

2.1.7 COR/ACOR Functions

The COR/ACOR monitors all technical aspects of the contract and assists in contract administration. The COR/ACOR 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, document, and report Contractor's performance and notify both the KO and the Contractor of any deficiencies;

coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.8 Quality Control Submittals

Quality Control is the responsibility of the Contractor. The Contractor shall provide a Quality Control Plan (QCP) to the COR and/or ACOR five (5) work days before contract start at the latest. 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 (3) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the COR’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the COR and/or ACOR NLT 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 [Deliverable B.004].

Refer to 4.2 for Quality Control Plan.

2.1.8.1 Contracting Officer Representative Tools

Procurement Integrated Enterprise Environment (PIEE), especially Surveillance and Performance Monitoring Module (SPM) and Joint Appointment Module (JAM) shall be used for nomination, tracking, documentation, and management of CORs IAW DoDI 5000.72, DFARS 201.602-2 and PGI 201.602-2.

2.1.8.2 Identified Issues or Potential Problems

The Contractor shall inform the COR and/or ACOR of issues or potential issues that might affect the performance within twenty-four (24) hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days [Deliverable B.005].

2.1.9 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 performance 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).

2.1.10 Contractor Employees

2.1.10.1 Key Personnel

2.1.10.1.1 Program Manager

The Contractor shall provide a Program Manager and an alternate Program Manager who are responsible for the performance of the work. The names of the Program Manager and the Alternate Program Manager, who shall act for the Contractor when the Contract

Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the KO NLT five (5) days after contract award [Deliverable B.006].

The Program Manager and the Alternate Program Manager shall conduct overall management coordination and shall be the central POC with the Government for performance of all work under the PWS. At the Post Award conference but NLT ten (10) days after contract award date, the Contractor shall submit to the COR and/or ACOR, in writing, the name, title, email address, office, and mobile working telephone number(s) of the Program Manager and the alternate Program Manager. The same information shall be submitted NLT ten (10) days after any changes of key personnel occur [Deliverable B.007];

this information shall also become a part of the QCP, refer to 4.2 for Quality Control Plan (QCP). 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. Refer to 2.1.3.1 for Contractor Response Time and Support Hours of the Program Manager and the alternate Program Manager.

2.1.10.1.1.1 Language Proficiency

The Program Manager and any individuals designated as key personnel shall be able to understand, speak, read, and write in English (Level III) and German languages (Level III) IAW AEP 690-70 Appx H.

2.1.10.1.1.2 Experience and Expertise

Contractor personnel including subcontractors performing work specified under Part 3.0 of this contract shall use Contractor’s equipment IAW manufacturer’s instructions and follow all the applicable European and German regulations including those related to work safety, refer to 7.2 for Applicable Directives, Publications.

2.1.10.1.2 Common Access Card (CAC): N/A

2.1.10.1.3 Legal U.S. Residents: N/A

2.1.10.1.4 Qualification Standards

The workers performing factual grounds maintenance work as specified in this PWS including Part 3.0 shall be workers of a company in possession of a German trade license in the field of gardening and/or landscaping (Gewerbeschein im Bereich Garten- / Landschaftsbau).

2.1.10.1.5 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 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. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Refer to 7.5 for Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE).

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

2.1.10.1.6 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 and/or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services 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 U.S.C 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation.

2.1.10.1.7 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.

2.1.10.1.8 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 B.008]. 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 mitigated, 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 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement 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 and/or ACOR corrective action plans, timely identification of issues, and effective management of subcontractors within ten (10) days after identification of the issue or at a mutually agreed upon date [Deliverable B.009]. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.1.12 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 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.

2.1.13 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 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 Government 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.

2.1.14 Non-Disclosure Statements

The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement 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 B.010].

2.2 General Information:

2.3 As-Builts and Geospatial Information System (GIS): N/A

2.4 Historic Property or Archaeological Site: N/A

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 installation, 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 and/or ACOR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

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 http://www.defenseimagery.mil/products/dodimagery/commercialuse.html submitrequired information/data and obtain required documentation or clearances IAW Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

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

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

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf

2.5.1.2 Motor Vehicle Operators: N/A

2.5.1.3 Contractor Vehicle Registration: N/A

2.5.1.4 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.

2.5.1.5 Physical Security

The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. The Contractor shall maintain a physical security checklist or log (e. g. Standard Form (SF) 701, Activity Security Checklist), which will be forwarded to the COR and/or ACOR, NLT the tenth (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 [Deliverable B.023].

2.5.2 Security Trainings

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 https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf developed training at will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR and/or ACOR. This training shall be completed within thirty (30) days after the contract is awarded and within five (5) days after new employees commence contract performance, with the results reported to the COR within three (3) days after completion of the training [Deliverable B.011]. Training slides can be found at https://training.dyn-intl.com/HRCRC/iWatch/presentation_html5.html?lms=1

2.5.2.2 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 thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees.

The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within three (3) days after completion of this training by all employees and subcontractor personnel [Deliverable B.012]. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training [Deliverable B.013] 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 within three (3) days after completion of the training.

2.5.2.3 OPSEC (Operations Security) Training

All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be provided to the COR within three (3) days after completion of the training [Deliverable B.014]. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months. Verification of the training shall be provided to the COR within three (3) days after completion of the training [Deliverable B.015].

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 https://training.dyn-intl.com/HRCRC/iWatch/presentation_html5.html?lms=1 https://training.dyn-intl.com/HRCRC/iWatch/presentation_html5.html?lms=1 https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html 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 (3) 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

The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the COR and/or ACOR within ten (10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change [Deliverable B.016].

2.5.3.2 Occupational Safety and Health

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

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, 285-b, 285-O, 285-W, United States Army Accident Investigation Report) to the COR and ACOR not later than three (3) workdays after occurrence for all personal injury accidents [Deliverable B.017].

2.5.3.4 Performance of Work at the Airfield Area

Performance of work at the Airfield area requires attendance of a Contractor’s employee

– in function of a safety-guard – who’s presence at the Airfield has to be coordinated with the local Air Traffic Control. The Contractor’s employee fulfilling a function of a safety-guard is responsible for looking over fly operations at the Airfield and warning Contractor’s grounds maintenance workers from incoming and/or starting aircrafts and/or helicopters, if necessary. The Contractor shall coordinate certain working times and/or days with the local Air Traffic Control on when flight operations are low and/or do not take place at all.

Costs for the presence of the safety-guard are at the Contractor’s expense and shall be included in the contract price proposal. Work interruptions caused by airfield operation are possible at any time and do not justify any claims against the government.

2.5.5 Environmental Requirements

2.5.5.1 Green Procurement: N/A

2.5.5.2 Recycled or Recovered Products: N/A

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. The Contractor shall use and store all materials, chemicals, and equipment used in the performance 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 non-compliance. The Contractor shall submit Safety Data Sheets (SDS) to the COR and/or ACOR on all materials five (5) days before delivery of the material [Deliverable B.018]. The Contractor shall provide upon request from the COR and/or ACOR 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 and/or ACOR [Deliverable B.019].

2.5.5.4 Spill Plan

The Contractor shall notify the Fire Department, the COR and/or ACOR within one (1) hour, if the Contractor spills or releases any hazardous substances, i. e. substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification [Deliverable B.020].

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 COR for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan [Deliverable B.021]. The Contractor shall comply with the USAG Hohenfels Spill Prevention and Response Plan.

2.5.6 Contingency Plans: N/A

2.5.7 Disposal of Unserviceable Material

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

2.5.8 Authorization to Perform Services in Germany

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.

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.

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.

2.5.9 Electromagnetic Compatibility Directive

The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU.

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

2.5.10 Conventional Forces Europe Treaty (CFET) Verification Inspection

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFET inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The Contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the COR in writing within ten (10) days of completion of the inspection [Deliverable B.022]. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFET 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 Contracting Officer.

2.6 Job Order Contract (JOC) Quality Assurance (QA)/ Inspection Support: N/A

3.0 Performance Requirements and Standards

3.1 High Level Objectives

3.1.1 Performance Task Requirements, Standards, and Acceptable Quality Levels

3.1.1.1 Damage Caused by Contractor

Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall be liable for any and all damages and/or losses caused through fault and/or negligence of Contractor’s agents and/or employees. The Contractor shall notify the COR and/or ACOR and return the damaged area to its previous condition.

The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair work to ensure successful growth.

3.1.1.1.2 Damage Report

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

3.1.1.2 Services

The Contractor shall provide services that comprise all labor and incidental costs which arise for the administration, control, supervision, planning, operation, inspection, testing, transportation and further related costs to perform IAW this PWS and task orders including services listed in TE 1 Estimated Workload Data for mowing, edging, and trimming of grass, weed removal, mulching, and other associated work as coordinated with COR and/or ACOR. The Contractor shall provide all work necessary to maintain the grounds to the standards specified herein. All work shall be performed by personnel qualified in accordance with (IAW) applicable laws and regulations; 7.2 for Applicable Directives, Publications. Any use of herbicides is prohibited. The entire area to be mowed is approximately 869,307.00 sq. m. The number of the square meters on the area maps are estimated and may deviate by ten (10) percent. The work to be performed under this contract will be performed throughout the USAG Bavaria – Hohenfels including the following areas:

Camp Nainhof, including main street – high visibility area (HVA);

Camp Poellnricht, including main street – HVA;

Airfield Festplatz, including main street – HVA;

Camp Mehlhaube – HVA;

Camp Unteroedenhart – HVA;

Camp Linderberg – HVA;

Aifrield – HVA;

Camp Albertshof – common area (CA);

Camp Mehlhaube 1-4 Motor Pool – fenced area (FA);

Camp Unteroedenhart Fuel Storage – FA;

Water Plant, water and utility lines – FA;

Hochbehaelter Hirschstein Poellnricht, water and utility lines – partially FA;

Washrack Albertshof – FA;

ASP # 2 Area – FA;

Class 4 Yard – FA;

TMP 1 Hohenfels Fuel Point – FA.

The Contractor shall be able to mow approximately 450,300.00 sq. m within a two (2) weeks period (i. e. moving cycle) commencing within two (2) calendar days after notification by the COR and/or ACOR. In coordination with COR and/or ACOR, each area under description of TE 1 Estimated Workload Data may be split into sub-areas which, only in coordination with COR and/or ACOR, may be serviced separately and/or additionally upon request and not on recurring basis. For example, COR and/or ACOR may request the Contractor to (additionally) service grounds at MEDDAC facilities (bldgs.

50, 51, 151, and 96) with total area of 4531.64 sq. m located at Camp Nainhof Main Street.

For this purpose the ITEM number of Camp Nainhof Main Street shall be used and only factually serviced sq. m. shall be billed.