Attachment_PWS UEMCS.pdf

Performance Work Statement (PWS)

Base Operations

MAINTENANCE, INSPECTION AND REPAIR OF UEMCS AT USAG

BAVARIA‐HOHENFELS

Table of Contents

1.0 INTRODUCTION

1.1 Background

1.2 Objectives

1.3 Climatic Conditions

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage

1.7 Restoration of Landscape Damage

1.8 Dust Suppression

1.9 Utility Location

1.10 Excavation Permits

1.11 Work Clearance

2.0 REQUIREMENTS

2.1 Description of 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

2.1.6 Emergency Services

2.1.7 Contract Administration and Management

2.1.8 COR/ACOR

Functions

2.1.9 Quality Control (QC)

2.1.10 Subcontract Management

2.1.11 Contractor Employees

2.1.12 Business Relations

2.3 As-Builts and Geospatial Information System (GIS)

2.4 Historic Property or Archaeological Site

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

3.0 PERFORMANCE REQUIREMENTS AND STANDARDS

3.1 Performance Task Requirements, Standards and Acceptable Quality Levels (AQLs). 19

3.2 Quality Assurance

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

7.1.2 Acronyms

7.3 Applicable Directives, Publications

7.3

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

7.4.1 Utilities

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

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

TECHNICAL EXHIBIT 1………….……………………………………………………………………59

Estimated Workload Data .………………………….………………………………………………59

TECHNICAL EXHIBIT 2 ……………………………………………………………………………...63

Record of Service ……………………………………………………………………………..63

TECHNICAL EXHIBIT 3 ……………………………………………………………..……...64

LIST OF Systems ………………………………………………………………………..…..64 TECHNICAL Exhibit 4 …………………………………………………………………..…..88 Minimum Scheduled Inspection Requirements ………………………….……………88

1.0 Introduction. This is a non-personal services contract to provide maintenance, inspection and repair of Utilities and Energy Monitoring and Control System (UEMCS) at USAG Bavaria - Hohenfels. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS).

Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.1 Background. The service includes recurring maintenance, inspection and repair service for UEMCS at USAG Bavaria is located in the Free State of Bavaria, Germany and consists of approximately of 163 km2, and 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 Contractor 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 in Section

7.2 Applicable Directives, Publication 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, TE 3 List of Systems, and TE 4 Minimum Scheduled Inspection Requirements.

1.2.1 The Contractor shall compile historical data, prepare required reports, and submit all information as specified in paragraph 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 recurring and maintenance, inspection and repair service for UEMCS, emphasizing innovation and commercial best practices. The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions to provide the services specified in this PWS.

1.3 Climatic Conditions. N/A

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 (KO), 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).

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 when necessary, during maintenance and repair activities or in coordination with the Contracting Officer or COR.

1.9 Utility Location. N/A

1.10 Excavation Permits. N/A

1.11 Work Clearance. N/A

2.0 Requirements.

2.1 Description of Services. See Section 5.0 for the specific SERVICE or Functional Area (FA).

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 General Information.

2.1.2.1 Transition N/A

2.1.2.2 Period of Performance (PoP)

The PoP consists of three (3) years and is as follows:

14 September 2024 – 13 September 2025 (Base Year) 14 September 2025 – 13 September 2026 (First Option Year) 14 September 2026 – 13 September 2027 (Second Option Year)

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 will be performed at USAG Bavaria – Hohenfels at locations listed in Technical Exhibit (TE) 3 List of Systems.

2.1.3.2 Hours of Operation. The Government's regular hours are from 0730 – 1600 hours, excluding Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall conduct business during regular hours unless this is an emergency service (refer to 2.1.4.1 for Contractor Response Time and Support

2.1.3.3 Hours).

2.1.4 Recognized Holidays. The following provides information on recognized holidays for the purpose of PWS. If submittal of any documentation (e.g.

deliverables, submittals, etc.) deadlines fall on holiday, the closet work day prior to the holiday will apply as the deadline for submittal.

U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by Contracting Officer. When a U.S.

holiday occurs on Saturday or Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st Labor Day 1st Monday in September Martin Luther King Jr.’s Birthday 3rd Monday in January Columbus Day 2nd Monday in October President’s Day 3rd Monday in February Veteran’s Day November 11th Memorial Day last Monday in May Thanksgiving Day 4th Thursday in November Juneteenth Day June 19th Christmas Day December 25th Independence Day July 4th

Host National Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

New Year’s Day January 1st Epiphany January 6th

Good Friday Varies Easter Sunday Varies Easter Monday Varies Labor Day May 1st

Ascension Day Varies Pentecost Whit Monday Varies Corpus Christ Varies Assumption Day August 15th Day of German Unity October 3rd

All Saints’ Day November 1st 1stChristmas December 25th

2ndChristmas December 26th

2.1.4.1 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 on workdays Monday through Friday from 0730 to 1600 hours. Personal answering service is permitted at other than normal Government workdays or hours, provided, response by the Program Manager or alternate(s) to the COR is made not later than (NLT) at 0830 at start of next regular workday. Routine repair service shall be scheduled for commencement within five (5) workdays after receipt of required parts IAW 3.1.3.1.11 Contractor’s Ordering of Parts and the work shall be continued until repair is completed but NLT three (3) workdays after commencement. For routine repairs, the Contractor shall provide a written cost estimate to the COR for approval within three (3) days after the repair requirement is identified/confirmed [Deliverable B.001]. Contractor workdays for recurring services and routine services are Monday through Friday from 0730 to 1600 hours excluding on U.S. Federal American and local Host Nation Holidays.

Emergency repair service shall be scheduled for commencement within two (2) hours after receipt of required parts IAW 3.1.3.1.11 Contractor’s Ordering of Parts and the work shall be continued until repair completed but NLT three (3) days after commencement. For emergency repairs, the Contractor shall provide a verbal repair cost estimate to the COR for approval within two (2) hours after the repair requirement is identified/confirmed but shall be followed up with written cost estimate to the COR for approval within one (1) workday after the repair requirement is identified/confirmed [Deliverable B.002]. The Contractor, included key personnel, shall be available for an emergency site attendance and emergency work upon COR’s request twenty-four (24) hours a day, seven (7) days a week included on Saturdays, Sundays, U.S and/or Host Nation Holidays. The Contractor shall have adequate procedures for receiving calls and/or messages in case of emergency while the Program Manager or alternate(s) response is required NLT two (2) hours after notifi-cation.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facil-ity 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.

2.1.4.2 Installation Closures.

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

(i) 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

(ii) Reschedule the work in coordination with COR, the Government will unilaterally determine 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 Contractor shall notify the KO if inclement weather suspends operations within (2) hours. The Contractor shall resume operations in coordination with COR.

2.1.4.4 Curtailment of Operations. When operations are curtailed due to man-made or natural conditions on a working day, it may be necessary for the Government 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 Days of No Scheduled Activities (DONSA). The Installation has historically granted Military personnel (Enlisted and Officers) DONSA, for example, the Friday after Thanksgiving, in addition to the listed Federal Holidays above.

• DONSA are not considered a day of excused absence for the Government civilian work force or Contractor employees.

• If a DONSA affects scheduled contract work or access to facilities, the work in affected facilities may be rescheduled to compensate for the DONSA.

• However, announced DONSA or exodus of Military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas or uninterrupted performance of work (i.e., training facility and area maintenance and supply inventories).

The Contractor shall vary work schedules to take full advantage of such opportunities by planning maintenance that is better accomplished when personnel are not using facilities during those times.

2.1.5 Travel/Temporary Duty

The number of travel hours per trouble-shooting, routine, and emergency repair order is limited to maximum of two (2) labor hours each way. If the Contractor needs to arrive several times to complete the order no matter how many trips required and how much personnel will be involved, travel hours remain limited to two (2) labor hours.

2.1.6 Travel hours for troubleshootings, routine, and emergency repairs will be reimbursed under the respective labor hour contract line item number (CLIN) and will be paid once per respective order as described above.

2.1.7 Emergency Services.

The Contractor shall provide emergency services as described herein. Refer to

2.1.4.1 for Contractor Response Time and Support Hours in case of emergency as well as to 2.1.5 for Travel/Temporary Duties in case of emergency.

2.1.7.1 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 requiring emergency medical treatment. The Contractor shall notify the Fire Department POC, and the KO through COR immediately, NLT two (2) hours of the incident [Deliverable B.003].

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 KO and/or 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 (5) workdays 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) calendar days following receipt of the minutes.

The Contractor shall attend, participate in, and furnish input to scheduled and un-scheduled 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.

2.1.7.2 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 in paragraph 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 Government and submitted to the COR NLT the post award conference and within five (5) days after any changes to the log [Deliverable B.004].

2.1.7.3 The following provides the roles and their respective authority during the performance 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 may 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 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.

2.1.7.3.3 Alternate Contracting Officer Representative (ACOR) An Alternate Contracting Officer Representative means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer (KO) to perform I the absence of the primary COR, specific technical and administrative functions, only in the absence of the Primary COR.

2.1.7.3.2.1 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 with regard to 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.

2.1.7.3.3 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/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 Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.9 Quality Control (QC). Quality Control is the responsibility of the Contractor.

The Contractor shall provide a Quality Control Plan (QCP) to the KO through COR five (5) workdays 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 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 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.005]. Refer to

3.3 for Quality Control Plan.

2.1.9.1 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.

2.1.9.2 Identified Issues of Problems

The Contractor shall inform the COR 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.006].

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 performance on this contract. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) con-siderations (FAR Subpart 9.5).

2.1.11 Contractor Employees.

2.1.11.1 Key Personnel.

2.1.11.1.1 Project Manager (PM). The Contractor shall provide a Program Manager and an alternate Program Manager who are responsible for the performance of the work. The name of this person and an Alternate Contract 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.007].

The 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 , 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.008]; this information shall also become a part of the QCP, refer to 3.3 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 2.1.4.1 for Contractor Response Time and Support Hours of the Program Manager and the alternate Program Manager.

2.1.11.1.1.1 The Program Manager and any individuals designated as key personnel shall be able to understand, speak, read, and write in English and German languages (Level III).

2.1.11.1.1.2 Contractor personnel including subcontractors performing work under this contract shall work in compliance with the manufacturer’s operation and maintenance instructions and IAW all the applicable European and German regulation, refer to 7.2 Applicable Directives, Publications.

2.1.11.1.2 Qualification standards PM Coordinator Lead. N/A

2.1.11.1.3 GFEBS Certification. N/A

2.1.11.1.4 Common Access Card (CAC). N/A

2.1.11.1.5 U.S. Residency. N/A

2.1.11.1.6 Qualification Standards. The Contractor shall perform recurring and maintenance, inspection and repair service for UEMCS at USAG Bavaria – Hohenfels listed in TE 3 List of Systems as required throughout this contract utilizing properly trained, skilled, and qualified employees and/or subcontractor personnel. The Contractor shall provide at the time of submission of the proposal and, for new contractor employment, within twenty-four (24) hours prior to employees commencing performance to the KO and COR for review and acceptance objective evidence that personnel conducting recurring and maintenance, inspection and repair service for UEMCS has at least three (3) years of experience in this field of work and is able to work in compliance with the manufacture’s operation and maintenance instructions and as outlined in the applicable European and German regulation, refer to 2.5.4 for 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 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).

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 posses-sion of firearms or other lethal or illegal weapons 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 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contrac-tor employees conduct political related activities or events on the Installation.

2.1.11.1.9 Contractor Hiring Restrictions. The Contractor shall not hire or subcontract with off duty or former Government employees whose employment would result in a conflict with Joint Ethics Regulation (JER) DoD 5500.07-R.

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 to avoid or mitigate any such OCI [Deliverable B.009]. 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.

2.1.12 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 corrective action plans, timely identification of issues, and effective management of Subcontractors within (10) days after identification of the issue or at a mutually agreed upon date [Deliverable B.010]. The Contractor shall ensure customer satis-faction and professional and ethical behavior of all Contractor personnel.

2.1.12.1 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.

2.1.12.2 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 per-sonnel 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 infor-mation 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.

2.1.12.3 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, in violation of their signed non-disclosure agreement, may result in Contractor personnel removal from performance of duties under this contract at no cost for the Government pursuant to the terms of the contract. [Deliverable B.011].

2.1.13 Manual Operations. N/A

2.2 Work Management. N/A

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. (This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility, or area.) 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/ACOR 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. N/A

2.5.1.3 Contractor Vehicle Registration. N/A

2.5.1.4 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, 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.

2.5.1.5 Secure Area Access. Portions of the work under the contract are performed in secure areas and all persons requiring access to a secure area will be escorted by the activity or Government personnel. In the case of escort, forty-eight (48) hours advance notice to the activity shall be required except in emergency or urgent work.

Contractor employees requiring access to secure areas shall be free of felony convictions, and prior Military Service Members shall have an honorable discharge (See DD Form 254, Department of Defense Contract Security Classification Specification).

2.5.1.6 Employee Terminations. When an employee is terminated from employment on the contract for any reason, the Contractor shall have an outprocessing checklist that identifies the Government issued CAC card and Installation Access Badge/Pass has been turned in to the COR and property items accounted for and back in proper custody. A signature shall be required on the checklist from the appropriate person acknowledging receipt of the items. Checklists shall be retained for the duration of the contract.

2.5.1.7 Departing Employees. The Contractor shall ensure Contractor employees return security photographic identification cards, permits, CAC, GFP, keys, photo passes, range passes, sensor access (slide) cards and that access to the LAN email has been canceled. All out-processing Contractor employee CACs must be returned to the COR no later than close of business on the last workday. A formal termination or departing memo must be submitted to the COR and security office with the requested items stating they have been collected.

2.5.1.8 Key Control. The Contractor shall establish a control system to ensure no keys issued to the Contractor by the Government are lost, misplaced, or used by unauthorized persons. Government keys shall not be duplicated by the Contractor without the COR's/ACOR’s authorization. Procedures developed to control Government keys shall be included in the Contractor's QCP. The Contractor shall comply with AR 190-13 The Army Physical Security Program and AR 190-51 Security of Unclassified Army Property (Sensitive and Non-sensitive, applicable to key and lock).

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 training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) 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.012]. Training slides can be found on the Army OneSource we site: http://home.army.mil/bavaria/application/ files/1715/7857/7112/iWatch Trifold English.pdf

2.5.2.2 Anti-Terrorism (AT) Level 1 Awareness 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.013]. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training [Deliverable B.014] 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 Operational Security (OPSEC) Awareness 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 pro-vided to the COR within three (3) days after completion of the training [Deliverable B.015]. 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.016].

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 (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 KO via 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 B.017].

2.5.3.2 Occupational Safety and Health Administration (OSHA). The Contractor shall comply with the OSHA standards. The Contractor shall comply with all applicable Federal, State, and Local Laws, Regulations, and Directives. If the Contractor fails or refuses to comply promptly with safety requirements, the Government may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

No part of the time lost due to any such order shall be made the subject of claim for extension of time or for excess costs or damages to/by the Contractor. The Contractor shall be responsible for enforcement of all safety requirements by the Contractor and his Subcontractors/teaming partners and/or joint venture partners.

2.5.3.2.1 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 KO via COR not later than three (3) workdays after occurrence for all personal injury accidents [Deliverable B.018].

2.5.4 Training, Physical Requirements, or other Expertise Required.

The Contractor shall ensure all Contractor’s employees and associated subcontractors who will conduct recurring and maintenance, inspection and repair service for

UEMCS under this PWS are experienced, specialized, and qualified persons who have thorough knowledge of the equipment listed in TE 3 List of Systems and aware of dangers and accident emergency measures related to work with these systems.

Therefore, the Contractor shall provide evidence that the persons to carry out recurring and maintenance, inspection and repair service for UEMCS under this PWS have:

a. Contract Manager:

The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available during Government Facility Office Hours.

b. System Administrators / Special Qualification:

The System Administrator and alternate System Administrator shall be trained and fully qualified of the manufacturer of this specific UEMCS system for at least three years minimum experience. All work on the UEMCS Main and Work Stations as described within this contract shall only be performed by these individuals.

- The System Administrator and alternate System Administrator must have a certificate about training on the specific type of the main station “Honeywell EBI” not older than 2 years from the system manufacturer.

c. System Programmers / Special Qualification:

The System Programmer and alternate System Programmer shall be trained and fully qualified of the manufacturer of this specific UEMCS system for at least three years minimum experience. All work on the UEMCS BAC as described within this contract shall only been performed by these individuals.

- The System Programmer and alternate System Programmer must have a certificate about training on the specific type of the BAC “Honeywell CARE” not older than 2 years from the system manufacturer.

The Contractor shall ensure all required documentation of Contractor personnel qualification listed under 2.5.4. is submitted with the proposal and provided to the KO/COR within twenty-four (24) hours prior to employees commencing performance for new contractor employment [Deliverable B.019], refer to 2.1.11.1.6 for Qualification Standards.

2.5.5 Environmental Requirements.

2.5.5.1 Green Procurement. N/A

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

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 on all materials five (5) days before delivery of the material [Deliverable B.020]. 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 B.021].

2.5.5.4 Spill Plan. The Contractor shall notify the Fire Department, the COR 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.022]. 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 Countermeasure Plan [Deliverable B.023]. The Contractor shall comply with the USAG Hohenfels Spill Prevention and Response Plan.

2.5.6 Contingency Plans. N/A

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 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.

3.1.2 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].

3.1.3 Services

The Contractor shall provide and repair service for UEMCS at USAG Bavaria for specified systems listed in TE 3 List of Systems. Services of the Contractor comprise all labor and incidental costs which arise for the administration, control, supervision, planning, operation, inspection, calibration, testing, transportation, maintenance, troubleshooting, repair, and replacement of parts and material.

3.1.3.1 Recurring Services. The contractor shall provide recurring services which shall include the following:

3.1.3.1.1 Recurring Maintenance, Updates and Patches of UEMCS Main Station and Workstations

For the time frame of this lump following work shall be included:

- All parts and material used in recurring maintenance services up to Five Hundred

(500) Euro per system shall be included under the respective lump sum for recurring maintenance services. If the parts/material costs exceed Five Hundred (500) Euro per system, the contractor shall submit a cost estimate IAW para 3.1.4 (Cost Estimates) to the KO/COR.

- The contractor shall perform recurring maintenance service according to the manufacturer’s guidelines or as contractor-developed procedures following the recognized high standards of the particular industry which is predominant in the trade but with at least minimum requirements listed in TE # 4 (Minimum Inspection & Maintenance Requirements).

- The contractor shall test and verify all required updates/patches on a similar/ equivalent UEMCS system for at least seven (7) days.

- The contractor shall provide the results of the proposed updates/patches to the UEMCS system to the COR not later than three (3) work days after the testing and verification has finished.

- Based on the test results, the COR/KO may task contractor to execute the update/ patch processes on this UEMCS system.

- The contractor shall notify in writing the COR three (3) workdays in advance, before applying/executing any update/patches to the UEMCS system.

- The contractor shall provide a quarterly status report to the COR which indicates…