DRAFT PWS Compressors.docx

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair (M&R) of Air Compressor Systems within USAG Wiesbaden

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 maintenance consisting of all required system inspections, repair and, if needed, replacement of parts or smaller equipment listed on the attached inventory lists (Attachment 2).

1.2 Background: The USAG Wiesbaden ensures that all the mechanical and electrical equipment (fixed or freestanding) listed in the attachments is maintained or repaired in accordance with established commercial standards and the performance standards and life safety standards as specified herein.

1.3 Scope: The Contractor shall conduct maintenance, TUEV inspections, and repair of the equipment listed on the attached inventory list (Attachment 2). The Contractor shall have adequate maintenance and repair facilities and personnel to allow repairs to be carried out on several items of equipment simultaneously. The service includes all required preventive maintenance, on-demand repair services, repair parts, materials and labeling for Air Compressor Systems installed within USAG Wiesbaden. These duties also include work on connected systems and switches.

The Contractor shall comply with existing applicable laws and regulations for equipment, e.g. DIN (Deutsches Institut fuer Normung), VDE (Verband der Elektrotechnik Elektronik Informationstechnik e.V.), VDMA (Verband deutscher Maschinen und Anlagenbau), environmental laws and accepted commercial standards and practices as well as manufacturers requirements.

The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, reporting, and transportation necessary to perform preventive maintenance, TUEV inspections, repairs and on-demand repairs on the equipment listed on the inventory list (Attachment 2).

1.4 Objectives: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 and prepare required reports.

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) calendar days after date of contract award (Deliverable #1).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within five (5) calendar days. If the Government has provided comments, the Contractor shall then have five (5) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes.

At a minimum, the QCP must include 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 throughout contract performance?

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

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

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

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

1.5.1.1 RESERVED

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within one (1) business day of identifying those issues. Verbal reports shall be followed up by written reports within five (5) calendar days (Deliverable #2).

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. federally recognized 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.

Christmas Day December 25th

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

The German national and local holidays are:

New Year’s Day

01 January

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: SEE BELOW

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours are 0715 to 1600, Monday through Friday except 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 will not be reimbursed when the Government facility is closed for the above reasons. The Contractor shall not normally provide services on U.S. or German holidays. However, the Contractor may be required to provide On-Demand services on holidays, as coordinated with the COR.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0715 to 1600 and on-demand services.

1.5.4.3.1 Contractor Work Plan: RESERVED

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 PWS will be performed at various locations and buildings within USAG Wiesbaden according to the inventory list.

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

1.6.1 Security Program: The Contractor’s employees and all associated subcontractor employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures provided by the Contracting Officer’s Representative (COR).

1.6.2 Personnel Security Clearance Requirements: RESERVED

1.6.3 Installation Access (Deliverable #3): The Contractor shall provide an installation pass log to the COR within 5 (five) calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within five (5) days after changes (Deliverable #3). Upon the termination of employment or termination or cancellation of this PWS, the Contractor shall collect the installation access passes the same day employment of an individual has expired or been terminated and return them to the issuing office within three (3) workdays.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.aepubs.eur.army.mil/AE-Regulations

Below is the responsible Organizational Sponsor & Installation Access Control Office for this PWS:

Organizational Sponsor: USAG Wiesbaden, Clay Kaserne

Installation Access Control Office:

1.6.3.1 Installation Pass Log 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 or data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any Subcontractor used in performance of this PWS 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.

1.6.3.2 Individual Termination or Expiration of Employment: The Contractor is responsible for being aware of and complying 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 (IAC) processing requirements.

1.6.3.3 Contract Termination or Cancellation: The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

1.6.3.4 RESERVED

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors. The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office, and residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and local policy. The Contractor may have to complete additional security training to comply with the security standards of this PWS. In addition to the changes otherwise authorized by the changes clause of this PWS, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.6.4.1 RESERVED

1.6.4.2 Local Nationals and Third Country Nationals (Deliverable #4): Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than thirty (30) days after contract award (Deliverable #4). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within one (1) day of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment and information provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured in accordance with (IAW) AR 190-13, “The Army Physical Security Program.”

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.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the QCP (Deliverable #1). Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the QCP.

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(Deliverable #5): The follow personnel are considered key personnel by the Government: Contract Manager and Alternate Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate who shall act on behalf of the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be designated in writing to the COR (Deliverable #5) within 5 business days of contract award or 5 days before any changes occur. The Contract Manager and Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this PWS contract . The Contract Manager or Alternate Contract Manager shall be available between 0715 to 1600. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: Shall be able to read, write, and fluently speak the English language. Must be a Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years work experience in an Air Compressor System manufacturing company or in a company which holds a license (work-commitment) to a manufacturing company.

b. Special Qualifications of Contractor Personnel (Deliverable #6):

The Contractor shall provide certified, fully qualified and trained personnel for maintaining and repairing air compressor systems with a minimum of three (3) years’ experience performing the required services and shall have the below certifications at a minimum of one the following:

1. Apprenticeship diploma electrical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Elektrotechnik”)

2. Apprenticeship diploma mechanical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Mechanik”)

3. Apprenticeship diploma mechatronic engineering (unaltered German version ("Gesellenbrief/Facharbeiterbrief Mechatronik"), And personnel shall also possess certificates of training for Air Compressor Systems and High Pressure Air Compressor Systems (more than 300 bar) for the following:

a) The manufacturer, supplier and installer of the expected system,

b) The manufacturer of the existing Air Compressor Systems in accordance to the inventory list (Attachment 2 Inventory List).

All certifications obtained abroad must be translated to German and certified by the Federal Ministry for Education (Bundesministerium fuer Bildung und Forschung) per www.anerkennung-in-deutschland.de.

Documentation of these qualifications and certifications shall be delivered to the COR within thirty (30) days of contract award. New or replaced personnel shall submit qualifications and certifications to the COR within thirty (30) days after starting work.(Deliverable #6).

c. Special Qualification of Contractor Company:

The Contractor company shall be a Licensed Air Compressor System manufacturing company or an authorized agent of one of the manufacturers listed in Attachment 2 (Inventory List).

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering telephone calls, and working in other situations where their Contractor status is not obvious to third parties shall 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 all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12 RESERVED

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this PWS. All documents and materials, to include the source codes of software, produced under this PWS 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 PWS 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 authorize 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 Protection of Government and Contract Information: The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at www.dimoc.mil/resources/limitations The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this PWS on any marketing tools to include its company website.

1.18 Non-Disclosure Statements: RESERVED

1.19 Organizational Conflict of Interest (OCI): RESERVED

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention.

1.21.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with all local, Federal and State requirements governing safety and health protection.

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 Wiesbaden'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 Wiesbaden installations are conducted in accordance with the USAG Wiesbaden Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable German environmental laws/standards. If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/COR of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division. Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department at CIV 0611-705-117. The Contractor shall contact the COR or the USAG Wiesbaden Directorate of Public Works-Environmental Division (DPW-ED), DSN 548-4092, CIV 0611143-548-4092, Bldg. 1059, Clay Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

Current Environmental Policy (Garrison policy Number 22) can be provided by the COR.

Current Prohibited Refuse Disposal Practices Policy (Garrison policy Number 27) can be provided by the COR.

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

1.23.1 Anti-Terrorism (AT) Level I Training(Deliverable #7): All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 days after contract start date, and 30 days after new employees commence contract performance. 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 within three (3) days after completion of this training. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every 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 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 three (3) days after completion of the training (Deliverable #7).

1.23.2 OPSEC Training (Deliverable #7) All Contractor employees, including subcontractors, who are employed under the contract, shall complete Level I OPSEC training within 30 days after contract start date, and 30 days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within three (3) days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR 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 (Deliverable #7)..

1.23.3 Suspicious Activity Reporting Program (SARP) Training (Deliverable #7): The Contractor and all associated subcontractors shall brief all employees employed under the contract on the local Suspicious Activity Reporting Program (SARP) program (training standards provided by the requiring activity ATO). This locally-developed training will inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after contract start date and within 30 days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable #7).

1.23.4 Information Assurance (IA) Training: RESERVED

1.24 Authorization to Perform Services in Germany

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

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

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

1.25 Notice to Proceed: RESERVED

1.26 Electromagnetic Compatibility Directive: RESERVED

1.27 Government Property and Services: RESERVED

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

Contracting Officer – means a person with the 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. DoD 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 other surveillance support personnel to assist the COR when needed, “…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 a 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 – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, 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-furnishedand 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, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: RESERVED

3.2 Facilities: RESERVED

3.3 Utilities: The Government will provide water and electricity for use in the performance of services hereunder. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after use. The Contractor shall instruct employees in utilities conservation practices.

3.4 Equipment: RESERVED

3.5 Special Tooling and Test Equipment: RESERVED

3.6 Materials: RESERVED

3.7 Training: The Government will provide AT Level I awareness training, OPSEC and SARP training. See PWS paragraphs 1.23-1.23.4.

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this PWS that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: RESERVED

4.3 Materials: The Contractor shall furnish all materials required in accordance with pertinent German accident and safety regulations to meet the requirements under this PWS. All parts and materials utilized for the services under this PWS shall be factory new and original. If requested by the COR, exchanged parts shall be handed over to the COR for verification. The Contractor shall dispose of all exchanged parts and refrigerant when no longer needed at no additional costs. The Contractor shall provide a warranty of at least 12 months after the repair date or installation date for all work performed.

4.4 Vehicles and Equipment: The Contractor shall furnish all equipment, tools, testing devices, lifting platform and spare parts required in accordance with pertinent German accident and safety regulations. If a lifting platform or scaffold is required for service performance, it shall be delivered by the Contractor at no additional cost and is part of the maintenance and inspection. All transportation of equipment shall also be included hereto.

4.5 Background Checks): The Contractor shall provide Background Checks (police good conduct; Polizeiliches Fuehrungszeugnis) in accordance with PWS section 1.6.4.2 and as determined by the Government.

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall perform preventive maintenance, on-demand repair services, repair parts, materials, inspection and labeling for Air Compressor Systems in accordance with pertinent German accident and safety regulations, DIN Standards, VDE,VDI Regulations, VDMA ”Unit Sheets” as well as pertinent US Government Regulations, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry” provisions of the German Trade Association, OSHA (Occupational Safety and Health Act).

5.2 Tasks: The Contractor shall perform maintenance, TUEV inspections and on demand repair services to include documentation of all systems maintained and repaired throughout the period of performance.

5.2.1 Recurring Services: The services to be performed under this PWS include annual Preventive Maintenance and the necessary corrective maintenance repairs identified during the Preventive Maintenance procedure. This shall be accomplished by the Contractor who shall provide all required tools, spare parts and materials necessary in order to repair equipment deficiencies and restore the systems to operational status as follows:

All Preventive Maintenance (PM) shall be performed according to applicable US Government Regulations, DIN Standards, VDI Richtlinien, VDMA- Einheitsblaetter, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”.

The Contractor shall provide Annual Maintenance and Inspection, performed on air compressor systems. Maintenance and inspection shall be performed on the complete mechanical, electric, electronic components. It is the responsibility of the Contractor to obtain and comply with the operation and maintenance instructions issued by the manufacturers of the individual equipment.

The maintenance results shall be documented on work certificates (IAW PWS para 5.3.3 and 5.4.2). If necessary, a lifting platform or scaffolding to perform maintenance inspections shall be provided by the Contractor, to be included in the maintenance price.

Regularly-scheduled Inspection, Maintenance, and Functionality Tests shall be completed annually on the equipment listed in the Attachment 2 Inventory List.

5.3 Preventive Maintenance (Deliverable #8): The contractor shall perform the full preventive maintenance and all other related work required to keep the installed air compressor systems in an operable status. The equipment systems listed in Attachment 2 (Inventory List) shall be maintained in accordance with the manufacturers’ recommended PM schedules and procedures. The Preventive Maintenance Inspection Schedule (Deliverable #8) shall be provided to the COR within ten (10) days of contract award. The Contractor shall submit to the COR for approval a detailed Excel or PDF document containing the proposed Preventive Maintenance Inspection schedule. This Maintenance Inspection schedule shall include all of the individual systems identified in this PWS and shall encompass the contract period of performance.

The services to be performed under this PWS include annual preventive maintenance (PM) of compressor systems within USAG Wiesbaden. PM shall be performed on a scheduled basis to maintain the functional life of the equipment and systems to avoid malfunction or failure. Materials and spare parts utilized for PM’s shall be included in the PM fixed price. During PM, the Contractor shall identify conditions that require repair in order to avoid more serious and costly problems.

At a minimum, maintenance and inspection of the complete mechanical, electric, electronic and hydraulic components shall comply with the manufacturers’ technical specifications. Maintenance and inspection services may exceed the listed minimum requirements in some cases.

It is the responsibility of the Contractor to obtain and comply with the operation and maintenance instructions issued by the manufacturers of the individual equipment listed in Attachment 2.

Note: The Contractor shall provide the COR with an updated preventative maintenance schedule, including actual work performed, within ten (10) days after a change is made to the preventative maintenance schedule. The updated schedules are subject to COR approval in the same manner as the original schedule. The COR will approve the updated maintenance and inspection schedules within two (2) days of receipt.

5.3.1 Minimum Maintenance Requirements: Piston and Screw Type Compressor:

1. Check cable connections, switches, emergency button, emergency valve, lock valves, controls, and…