B08. 2024-09-25_PWS Environmental Laboratory Anlaysis FY25-29_rev2.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Environmental Laboratory Analysis at USAG Bavaria 24 July 2024

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide laboratory services at USAG Bavaria.

1.2 Background: The contract is to provide laboratory services as described in this PWS at USAG Bavaria. The purpose is to conduct contaminated site investigations as part of the construction site selection process in order to avoid high follow-on costs and delay of MILCON and other construction projects, as an assessment tool within the environmental compliance and review requirements and for other laboratory requirements related to the environmental program. This project provides Laboratory services at USAG Bavaria (Tower Barracks, Rose Barracks, Grafenwoehr Training Area (GTA), Hohenfels including Local Training Area Amberg (LTA) at Freihoels, and Garmisch).

1.3 Scope: The Contractor shall provide non-personal laboratory services at USAG Bavaria. 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.

1.4 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, Related Documents. The objective of the service is to provide laboratory services.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the 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 resultsoriented. The Contractor shall determine the best and most cost effective ways to fulfill laboratory services, emphasizing innovation and commercial best practices.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award. (A.001)

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have within three (3) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the

Contracting Officer no later than ten (10) days prior to the anticipated change and before implementation by the Contractor.

The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

g. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.5.1.1 N/A

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance three (3) working hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days. (A.002)

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

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

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

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

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

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

1st Christmas Day (1. Weihnachtsfeiertag) December 25th 2nd Christmas Day (2. Weihnachtsfeiertag) December 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0730 to 1600 Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0600 to 1800 Monday through Sunday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between 0700 to 1800 Monday through Friday.

The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.3.1 Contractor Work Plan: N/A

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

1.5.6 Place of Performance: The work to be performed under this contract will be performed at USAG Bavaria (Tower Barracks, Rose Barracks, Grafenwoehr Training Area (GTA), Hohenfels including Local Training Area (LTA) at Freihoels, and Garmisch).

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

1.6.1 Security Program: N/A

1.6.2 Personnel Security Clearance Requirements: N/A

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

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

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

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

https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/ AER190-16.pdf 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

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award (A.003). The log must at a minimum contain the following information: name, address, date of birth, ID number. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (A.003).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) calendar days. (A.003).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) calendar days. (A.003).

1.6.3.4 Common Access Cards (CAC): N/A

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

1.6.4.1 U.S. Citizen: N/A

1.6.4.2 Local Nationals and Third Country Nationals: N/A

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control: N/A

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the

COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government:

The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than ten (10) days after contract award. (A.004) The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

The Contract Manager or Alternate Contract Manager shall be available between 0730 to 1600 Monday through Friday.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The contractor shall be able to supervise all work with his own staff that is highly qualified and experienced in the arena of contaminated sites investigations (e.g. geologist, environmental engineer, etc.). All fieldwork to be performed by the contractor shall be supervised by such personnel. Field work will eventually require site visits in an active military training area, partially within surface danger zones at former life fire ranges.

b. Quality Control Manager: N/A

c. Systems Administrator: N/A

d. Special Qualifications:

- Must have (1) valid accreditation for field of reference (Sachgebiete 1,2 & 5) according to Bavarian State

Environmental Office in reference to Federal Soil Protection Law § 18 (Bayerisches Landesamt fuer Umwelt bezueglich Bundesbodenschutzgesetz BBodSchG § 18).

- Must have (1) valid accreditation for work in contaminated areas according to No. 5.5 and 6.1 of the Guidelines for Work in Contaminated Areas (Berufsgenossenschaftliche Regeln = BGR).

- Must have (1) valid certification in Quality Management System according to German Industrial Standards European Norm International Standards Organization 9001:2008 (Qualitaetsmanagementsystem = QMS nach Deutsche Industrie Norm European Norm International Standards Organisation = DIN EN ISO 9001:2008).

- The laboratory to be utilized must have the following certifications and qualifications:

- Must provide (1) valid certificate from a Laboratory facility to show they are certified to conduct analyses in accordance with § 19, paragraph 2, sentence 4 of the drinking water ordinance (Untersuchungsstelle gemaess § 19, Absatz 2, Satz 4 der Trinkwasserverordnung = TrinkwV).

- Must provide facility for analyses in accordance with § 18 (Untersuchungsstelle gemaess § 18).

- Must be accredited in accordance with the German Accreditation Council (Deutscher Akkreditierungs-Rat = DAR).

- Performance of all analyses according to the German Unit Methods (Deutsche Einheitsverfahren = DEV).

- Must be certified in accordance with DVGW W 120 for Groundwater Monitoring Well installation/reinstallation work.

The following documentation (a list of reference projects accomplished for German and English speaking customers) shall be submitted to the COR after award (A.004):

- Must have successfully performed reference projects in conjunction with critical contaminants like Royal Demolition

Explosive (RDX), Poly- and Perfluorated Alkylsubstances (PFAS).

- Must have experience in coordinating fieldwork at military training areas, surface danger zones and other life-fire training areas in Europe.

- Must have the ability to read, write, speak and understand English and German fluently.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The

Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Contractor Workspace: N/A

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges. The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes. (A.005)

1.13 Contractor Travel: N/A

1.14 Other Direct Costs (ODCs): N/A

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

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

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.18 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than five (5) workdays prior to commencement of work under the contract. (A.006) Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (A.007). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: N/A

http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: Field work will require site visits in an active military training area, within Surface Danger Zones of Live Fire Ranges.

Access to the sites in the Grafenwoehr Training Area must be coordinated with 7ATC GTA Range Control (09641-7054010) in advance and is usually only granted during non-firing times (down times), limited to some hours in the morning and evening.

Contractor personnel performing work at Grafenwoehr Training Area have to undergo a safety briefing at the JMTC Safety Office.

Access to the sites in the Hohenfels Training Area must be coordinated with JMRC Exercise Control (09472-7085075) in advance and is usually granted during non-maneuver times. Contractor personnel performing work at Hohenfels Training Area have to undergo a safety briefing at the JMRC Safety Office.

1.21.1 Host Nation Safety Laws and Regulations: N/A

1.21.1.1 N/A

1.21.1.2 N/A

1.21.1.3 N/A

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

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

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

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Grafenwoehr Fire Department at CIV 09641-70526-112 or the Hohenfels Fire Department at CIV 09472-83-112 respectively.

The Contractor shall contact the COR or the USAG Bavaria Directorate of Public Works-Environmental Division (DPW-ED), DSN 526-4299, CIV 09641-70-526-4299, Bldg. 389, Tower Barracks for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards

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

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) calendar days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (A.008) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within ten (10) calendar days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (A.008) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

https://jkodirect.jten.mil/

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.008).

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract (A.009). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.009). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (A.009). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.009).

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

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance (A.010).

Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.010).

Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.23.4 Information Assurance (IA) Training N/A

1.23.4.1 N/A

1.23.4.2 N/A

1.23.4.3 N/A

1.23.5 Personally Identifiable Information (PII): N/A

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25 Notice to Proceed: N/A

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.26 Electromagnetic Compatibility Directive: N/A

1.27 Government Property and Services: N/A

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams.

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

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

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS).

It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense

DPW Directorate of Public Works EC Explosive Compounds ED Environmental Division FAR Federal Acquisition Regulation FRG Federal Republic of Germany GAA Gewerbeaufsichtsamt GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office IAW In Accorance With ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PFAS Per- and Polyfluorated Alkylsubstances PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PSM Pflanzenschutzmittel PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit USAREUR U.S. Army Europe UOM Unit of Measure USAG United States Army Garrison USAREUR United States Army Europe

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: N/A

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Special Tooling and Test Equipment: N/A

3.6 Materials: N/A

3.7 Training: N/A

3.8 Common Access Cards (CAC): N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all personnel, equipment, supplies, materials and other items required to perform services as described in the PWS.

4.2 Secret Facility Clearance: N/A

4.3 Materials: The Contractor shall provide Personal Protective Equipment (PPE), supplies and materials needed in the performance of this contract.

4.4 Vehicles and Equipment: The Contractor shall provide all necessary vehicles (no GSA vehicles provided to Contractor for use on this contract) and equipment to perform the work described in this PWS. All Contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local and Host Nation traffic, safety, and environmental requirements. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.

4.5 Background Checks): N/A

PART 5

SPECIFIC TASKS

5.1 Basic Services: The contract is to provide laboratory services as described in this PWS at USAG Bavaria. The purpose is to conduct contaminated site investigations as part of the construction site selection process in order to avoid high follow-on costs and delay of MILCON and other construction projects, as an assessment tool within the environmental compliance and review requirements and for other laboratory requirements related to the environmental program. This project provides Laboratory services at USAG Bavaria (Tower Barracks, Rose Barracks, Grafenwoehr Training Area (GTA), Hohenfels including Local Training Area Amberg (LTA) at Freihoels, and Garmisch).

5.2. Tasks

Task 5.2.1 Health and Safety Plan (HASP).

The contractor shall provide a HASP IAW Host Nation safety requirements to the COR for approval no later than thirty (30) calendar days after contract award. The HASP shall contain following information:

a) General data

b) Appropriate description of USAG Bavaria (Tower Barracks, Rose Barracks, Grafenwoehr Training Area, USAG Bavaria Hohenfels, and Garmisch)

c) Determination of substances and risk analysis (potential hazards that will be presented to the Contractor’s personnel and the Government)

d) Risk assessment (what precautions must be followed during the performance of the control works to avoid these hazards and in case of injury, the emergency response)

e) Unexploded Ordnance (UXO) management

f) Universal protective measures

g) Work area and task-oriented protective measures

h) Measurement concept for the monitoring of work place conditions

i) Disposal (e.g. of gas filter material, if exchanged)

j) Documentation and certificates

k) Coordination of the health and safety plan with responsible authorities (e.g. Trade Supervisory Authority = Gewerbeaufsichtsamt (GAA))

l) Potential training and responsibilities, project equipment, decontamination, medical surveillance and protocols for maintaining complete project safety.

(Deliverable A.011)

Task 5.2.2 Soil Sampling and Study.

The contractor shall take samples and provide an investigation report based on the analysis results. The contractor must properly dispose of residual drilling waste off-post. A short expert report including short description of the potential contamination situation at a certain location, sampling procedure, tabulated results with applicable threshold values and recommendation for further action with recommendations shall be provided within ten (10) days after sample results received.

The final report shall be provided to the COR within forty-five (45) calendar days after the sampling has been performed.

Task 5.2.2.1 The contractor shall request a digging permit fourteen (14) calendar days in advance, if any excavation work will be performed. Prior to field work, the government will provide the contractor with the current format of the USAG- Bavaria digging permit request which includes all required information to be filled in and the POC-list (phone and email) of offices to be contacted for approval.

Task 5.2.2.2 Remedial investigation reports shall be prepared based on test drillings. As a result, reports shall describe the delineation of the contaminated area horizontally and vertically considering the geological and hydrogeological structures in that area. For that, purpose soundings to a maximum depth of 6 m below ground level (bgl) shall be performed. Soil, groundwater and eventually soil gas samples shall be taken and analyzed.

Task 5.2.2.3 The sampling shall be provided according to Federal Soil Protection Law § 18 (Bundesbodenschutzgesetz BBodSchG § 18) respectively LAGA under consideration of the detection limit values as stated under the Bavarian Environmental Office Guidelines (Landesamt fuer Umwelt = LfU-Merkblaetter) by accredited high skilled staff.

Task 5.2.2.4 All analyses of the samples must be done by a laboratory, which has a valid accreditation (see 2.1.11.1.4 Qualification Standards). The expert reports shall clearly evaluate the site condition concerning soil, soil gas and groundwater contamination in reference to exceeding of threshold values set up by the corresponding German and State Regulations and local authorities. Exceeding of the thresholds for the soil, soil gas and groundwater contamination shall be marked within the tables for a better overview.

The possible impact on groundwater caused by soil contamination shall be evaluated and assessed. A recommendation for further action shall be included in the report.

Task 5.2.2.5 Soil contamination shall be assessed using the German Federal Soil Protection Law and Ordinance, the current Guideline 3.8-1 of the Bavarian State Environmental Office.

Task 5.2.2.6 If cleanup is required, the report shall contain a cleanup concept within ten (10) days.