DRAFT Sembach Confinement DFAC Services PWS.pdf

DRAFT

409th CSB Ver 7 20240913

PERFORMANCE WORK STATEMENT (PWS)

For DFAC Cook Augmentation Services for USARCF-E

Part 1 General Information

Mission Statement: The primary mission of the dining facility is to provide quality services in support of the installation food service program that supports the warfighter with flexible, efficient, and cost effective services. The services outlined in this requirement encompasses dining facility food preparation and sanitation

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 personnel to perform the requirements of this PWS in support of the DFAC at USARCF-E in Sembach Kaserne, Germany.

1.2 Background: USARCF-E in Sembach Kaserne, Germany is a pre/post-detention facility that requires Food service operations for inmates that are awaiting travel back to the U.S. to fulfill their adjudicated prison time, fulfilling their adjudicated prison time for sentences less than 120 calendar days, or inmates awaiting adjudication of their alleged misconduct in circumstances in which it has been deemed they are unable to safely await trial.

1.3 Scope: The Contractor shall provide all qualified personnel and supervision to prepare, cook, clean, and sanitize in support of the DFAC at USARCF-E including any equipment/material identified in part 4 of the PWS.

1.4 Objective: The Contractor objectives is to provide qualified personnel with supervision and transportation to successfully perform all services pertaining to Contract Cooks (Food Production) at the U.S. Army Regional Correctional Facility-Europe (USARCF-E) to meet the performance requirements stated in this contract. The Contractor shall conduct work per this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include relevant publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or relevant referenced documents. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other contractors.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor 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 Sunday, unless otherwise specified.

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 24hrs of identifying those issues. Verbal reports shall be followed up by written reports within 48hrs.

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 the submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall 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.

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

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

German national and local holidays are:

New Year’s Day - January 1st Epiphany - January 6th Good Friday - Varies Easter Monday - Varies Labor Day - May 1st Ascension Day - Varies Whit Monday - Varies Corpus Christ - Varies Assumption Day - August 15th Day of German Unity - October 3rd All Saints’ Day - November 1st 1st Christmas - December 25th 2nd Christmas - December 26th

Please note that this list may not include regional holidays. The Contractor is obligated to perform during regional holidays as well.

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: RESERVED

1.5.4.2 Government Facility Operating Hours: RESERVED

1.5.4.3 Contractor Support Hours: The Contractor shall provide support during the meal times identified below this paragraph, Monday through Sunday. The Contractor shall also consider meal preparing/cooking and cleaning/washing/sanitizing times prior to and after meal service. 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Meal Monday-Friday Weekends/US Holidays Breakfast 0630-0730 0700-0800

Lunch 1130-1230 1130-1230 Dinner 1630-1730 1630-1730

1.5.4.3.1 Contractor Work Plan: RESERVED.

1.5.5 Training Holidays: RESERVED.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at USARCF-E in Sembach Kaserne, Germany.

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

1.6.1 Security Program: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13), if required by the DFAC manager.

1.6.2 Personnel Security Clearance 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. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with Federal Acquisition Regulation (FAR) 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the Department of Defense Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.3 Installation Access: Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes

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 Installation Commander has full responsibility for who is allowed access to the installation.

Therefore, the Government, at the Installation Commander direction and authority, may direct the contractor to remove any contractor employee. Removal of the contractor employee does not relieve the Contractor of the responsibility to continue providing the services required under this contract.

1.6.3.1 The Contractor shall provide the COR, an Initial Installation Pass Log, Deliverable A001, within 10 days after contract award. The log must at a minimum contain the following information:

Last Name, First name, Home Address, Home telephone number or Personnel Cellular Phone 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.

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 10 days.

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 10 days.

1.6.3.4 Common Access Cards (CAC): RESERVED.

1.6.3.4.1 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.

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within seven days of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within fourteen (14) days of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: 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 no later than five (5) days after contract award. 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 five (5) days 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, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

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: RESERVED.

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 five (5) days after contract award. 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. Qualifications for all key personnel are listed below:

1.10.1 Warrior Restaurant Assistant Manager: The Warrior Restaurant Manager shall be responsible for managing the day-to-day operations of the Warrior Restaurant; order and receiving, menu creation, equipment accountability and maintenance, attending Food Service Menu Board Meetings, serve as POC to the Food Program Manager, and other associated tasks. The name, work and mobile phone and email address of both the Warrior Restaurant Manager and alternate shall be provided to the Government as part of the Contractor’s proposal. During any absence of the Warrior Restaurant Manager, only one (1) alternate shall have full authority to fulfill the duties of the Warrior Restaurant Manager on work performed under the resulting contract. The alternate must have the same qualifications as the Warrior Restaurant Manager. These certificates must be provided to the COR five (5) calendar days after the contract award or Post Award Conference whichever occurs first.

1.10.1.1 Minimum Qualifications

1.10.1.1.1 Speak and write English at a language proficiency equal to Level 3. (See Regulation AEP 690-70, Appendix H)

1.10.1.1.2 Communicate effectively on complex matters and compose correspondence and other written communications about the work for which they are responsible.

1.10.1.1.3 Two (2) years’ experience as an assistant manager, or manager, of a United States Army Dining Facility or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch and dinner) in either a cafeteria style, or multi-entree operation, setting. Military food service experience in the pay grade of E-7 or above may be credited as management experience for this position.

1.10.1.1.4 One (1) year of AFMIS experience or completion of a self-paced online course within 30 days of CAC issuance.

1.10.1.1.5 Have a current Food Protection Manager certification as defined in Tri Service Food Code TB Med 530 para 2-102.20

1.10.2 Warrior Restaurant Lead Cook: The Warrior Restaurant Lead Cook supervises shift food service operation; inspects dining, food preparation/storage areas, and dining facility personnel.

Receives and accounts for all subsistence items ordered. Complete production schedules and make necessary menu adjustments, submits all requests through the Army Food Mgt Information System (AFMIS) in the absence of the WR Manager & Alternate WR Manager. Performs duties shown in previous skill level when required and prepares more complex menu items. Supervises shift, unit, or consolidated food service operations in field or garrison environments; establishes operating and work procedures; inspects dining, food preparation and storage areas, and dining facility personnel;

determines subsistence requirements; requests, receives, and accounts for subsistence items; applies food service accounting procedures; prepares production schedule and makes necessary menu adjustments; establishes, administers, and maintains OJT and apprenticeship training programs;

prepares technical, personnel, and administrative reports concerning food service operations;

implements emergency, disaster, and combat feeding plans; coordinates logistical support

1.10.2.1 Minimum Qualifications:

1.10.2.1.1 Speak and write English at a language proficiency equal to Level 3. (See Regulation AEP 690-70, Appendix H)

1.10.2.1.2 Be certified and provide proof of certification (Gesellenbrief or international equivalent) to the COR.

1.10.2.1.3 Certifications shall be validated by the contractor, in English, and provided to the COR ten (10) days prior to the employee’s start of contract performance. Military food service experience in pay grade of E-5 or above will be credited as experience for this position. Lead Cook that have worked within the past ten (10) years, shall have three (3) years’ experience from the date of close of solicitation working in a food service operation providing cafeteria style or multi-entrée operation providing complete meal service (breakfast, lunch, and dinner).

1.10.2.1.4 Two (2) years must have been served as a Lead Cook.

1.10.2.1.5 Four (4) hours of Basic Food Handlers Training as specified per Tri Service Food Code TB Med 530, para 2-501.11.

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 RESERVED.

1.12.2 All contractors, including any subcontractors, shall wear and display a contractor employee identification (ID) badge. The contractor employee should wear the ID badge in a conspicuous place on the front exterior of their clothing and above the waist except when safety and health reasons prohibit.

1.13 Contractor Travel: Contractor Warrior Restaurant Manager shall be required to attend the annual food show and FSMB held in Kasierslautern, Germany, for the one-day event. Contractor travel expenses will be included in a firm fixed price of contract. Failure to attend the FSMB will result in a Non-Conformance Report from the COR or Contracting Officer.

1.14 Other Direct Costs (ODCs): Contractor Warrior Restaurant Manager shall be required to attend the annual food show and FSMB held in Kasierslautern, Germany, for the one-day event.

Contractor travel expenses will be included in a firm fixed price of contract. Failure to attend the FSMB will result in a Non-Conformance Report from the COR or Contracting Officer.

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 of use other than as specified in this work statement would be averse 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.

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: RESERVED.

1.19 Organizational Conflict of Interest (OCI): RESERVED.

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

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

Contractor employees shall follow TM 4-41.11, Chapter 6 for DFAC safety requirements.

1.21.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

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

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel . Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase.

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g.

excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than five (5) days that such notifications were made.

1.21.1.3 RESERVED.

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

1.22.1 Environmental Compliance Plan and Program: The contractor shall follow all applicable German environmental laws/regulations.

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, Deliverable A002, within 30 days after contract start date or 10 days after employment of new personnel. The Contractor shall submit certificates of completion within 5 days after completion of training by all employees and subcontractor personnel to the COR (or to the Contracting Officer, if a COR is not assigned). AT Level I awareness training is available at https://jkodirect.jten.mil.

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.

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within fourteen (14) days of employment under this contract . Verification of the training shall be provided to the COR within five (5) 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 five (5) days after completion of the training.

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 five (5) days after completion of the training.

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program, Deliverable A003, (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 30 days after the contract is awarded and within 5 days after new employees commence contract performance, with the results reported to the COR within 30 days after the contract is awarded and within 30 days after new employees commence contract performance. Training slides can be found on the Army OneSource we site:

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

1.23.4 USARCF-E Pre-Service Training: Contractor employees, including subcontractors, performing services under this contract shallcomplete Pre-Service Training that entails confinement facility operations overview. Pre-Service Training consists of 40 hours of in-person training prior to being able to work in the confinement facility.

1.23.5 Information Assurance (IA) Training)

1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within fourteen (14) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or fourteen (14) days after employment of new personnel. Verification of the training shall be provided to the COR within five (5) days of completion of the training.

1.23.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information http://www.cdse.edu/catalog/elearning/GS130.html http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

Assurance AR 25-2 within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.23.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php.

Verification of registration shall be provided to the COR within five (5) days after registration. .

Contractor personnel must complete refresher training every twelve (12) months. Verification of the training shall be provided to the COR within five (5) days after completion of the training.

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion. Training is available at https://public.cyber.mil/training/identifying-and-safeguarding-personally-identifiable-information-pii/

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: (If applicable) the notice to proceed will be provided as indicated below.

(Contracting Office must identify one)

The effective date of contract will constitute the date of notice to proceed A notice to proceed letter will be issued https://ia.signal.army.mil/DoDIAA/default.asp https://atc.us.army.mil/iastar/index.php https://public.cyber.mil/training/identifying-and-safeguarding-personally-identifiable-information-pii/ https://public.cyber.mil/training/identifying-and-safeguarding-personally-identifiable-information-pii/

The date of the letter transmitting the contract will constitute the date of the notice to proceed

1.26 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27 Government Property and Services: None of the Property identified in this part meets the definition of FAR Part 45.

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 FAR Federal Acquisition Regulation FRG Federal Republic of Germany 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 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 PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS…