Draft W912CM-21-Q-0008.docx

W912CM21Q0008

Section SF 1449 - CONTINUATION SHEET

Maintenance of Cranes & Portable Lifts

FFP

Maintenance of cranes & portable lifts within the Operation and Maintenance Army (OMA) funded facilities, located at USAG Wiesbaden and in Attachment 2 - Inventory List shall be performed in accordance with (IAW) the Performance Work Statement (PWS). Contractor shall complete Attachment 1 - Price Book.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011642401-0001

PSC CD: J039

NET AMT

On-Call/Demand Repairs T&M T&M For On-demand repair for Cranes and portable lifts at USAG-Wiesbaden IAW PWS paragraphs 5.4 through 5.4.3, and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS 5.4.3 prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

UVV-Inspections

FFP

In accordance with the Performance Work Statement (PWS) of this contract. UVV = Unfall Verhütungsvorschriten FOB: Destination

NET AMT

FFP

Maintenance of cranes & portable lifts within the Operation and Maintenance Army (OMA) funded facilities, located at USAG Wiesbaden and in Attachment 2 - Inventory List shall be performed in accordance with (IAW) the Performance Work Statement (PWS). Contractor shall complete Attachment 1 - Price Book.

FOB: Destination

NET AMT

T&M For On-demand repair for Cranes and portable lifts at USAG-Wiesbaden IAW PWS paragraphs 5.4 through 5.4.3, and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS 5.4.3 prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

In accordance with the Performance Work Statement (PWS) of this contract. UVV = Unfall Verhütungsvorschriten

NET AMT

FFP

Maintenance of cranes & portable lifts within the Operation and Maintenance Army (OMA) funded facilities, located at USAG Wiesbaden and in Attachment 2 - Inventory List shall be performed in accordance with (IAW) the Performance Work Statement (PWS). Contractor shall complete Attachment 1 - Price Book.

NET AMT

T&M For On-demand repair for Cranes and portable lifts at USAG-Wiesbaden IAW PWS paragraphs 5.4 through 5.4.3, and reimbursed IAW the paragraph "Payments" in FAR 52.212-4 (ALT 1). Work shall be priced based on the hourly labor rates shown in Price Book Attachment 1. Repair/spare parts IAW PWS 5.4.3 prices for such parts shall be reimbursed at actual cost (seller's invoice) and in accordance with the paragraph "Payments" in FAR 52.212-4 (ALT 1). The labor hour rates and material costs will not be paid for those repairs which are performed during regular maintenance services. The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer. Based upon the Government's needs, the Contracting Officer may approve ceiling increases of the T&M portion of this contract, up to 25% the awarded estimated amount.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

In accordance with the Performance Work Statement (PWS) of this contract. UVV = Unfall Verhütungsvorschriten

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

19-SEP-2022

WOLFGANG SCHAMP, USAG WIESBADEN DPW

01057 DILTZ PLACE

UNIT 29623, BOX 30, APO AE 09005-9623

W582RS

19-SEP-2022

W582RS

19-SEP-2022

W582RS

19-SEP-2023

W582RS

19-SEP-2023

W582RS

19-SEP-2023

W582RS

19-SEP-2024

W582RS

19-SEP-2024

W582RS

19-SEP-2024

W582RS

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

PERFORMANCE WORK STATEMENT

409th Contracting Support Brigade (CSB) Performance Work Statement (Includes associated Performance Requirements Summary (PRS)

Maintenance and Repair (M&R) of Cranes and Mobile Lifts within USAG Wiesbaden

Part 1 General Information

1. General: This is a PWS for non-personal services for maintenance and repair of Cranes and Mobile Lifts under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a PWS for non-personal services to provide maintenance consisting of all required system inspections, repair and, if needed, replacement of parts listed on the attached inventory lists (Attachment 2).

1.2 Background: The USAG Wiesbaden has to ensure 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 within this PWS..

1.3 Scope: The Contractor shall conduct maintenance, UVV inspections, and repair of the equipment listed on the attached inventory list (Attachment 2). The Government will not exercise any supervision or control over the contract service providers performing the services specified within this PWS. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government. The Contractor shall have adequate maintenance and repair facilities 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 Cranes and Mobile Lifts 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, tools, parts, materials, general and specialized equipment, reporting, and transportation necessary to perform preventive maintenance, UVV 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. The required services include the performance of annual maintenance and inspection of Cranes and Mobile Lifts. On-demand repair services of listed equipment in inventory list (Attachment 2) is required as needed.

1.5 General Information

1.5.1 Quality Control Plan (QCP) (Deliverable #1): 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.

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 the Contractor will monitor work to ensure that performance complies with all timelines, deadlines, and goals.

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

d. How the Contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.

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

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

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

A final QCP shall be submitted to the COR for review and acceptance within 10 work days after date of contract award (Deliverable #1). The Contractor will receive the COR’s acceptance in writing. Any changes to the QCP shall be resubmitted to the COR for acceptance within five (5) work days.

The Contractor shall bring identified issues or potential problems that might affect future performance to the attention of the COR as soon as possible. Verbal reports shall be followed up by written reports within five (5) work days.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this PWS 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 specified within this PWS. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates, and the acceptable quality levels (performance thresholds).

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

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

1.5.3.2 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.

1.5.3.3 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:

1.5.4 Operating Hours: The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks during the support hours defined within this PWS when the Government facility is not closed for the above reasons.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0700 to 1600, Monday through Friday accept U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. 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.

1.5.4.2 Government Facility Operating Hours: See above.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 to 1600 and on-demand services. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: Reserved

1.5.5 Place of Performance: The work to be performed under this PWS will be performed at various locations and buildings within USAG Wiesbaden.

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: The Contractor shall provide an installation pass log to the COR within five (5) workr days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within five (5) work days after changes (Deliverable #2).

Upon the termination of employment or termination or cancellation of this contract, 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) work days.

(a) 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 contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) 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.

(c) 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.

(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 contract:

Organizational Sponsor: USAG Wiesbaden, Clay Kaserne

Installation Access Control Office:

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 contract. 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.

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.

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): 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 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 shall be designated in writing to the COR (Deliverable #3). The Contract Manager or Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this PWS contract and shall be able to write, read and speak English. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager shall possess the following minimum qualifications:

Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years’ work experience in either a Crane manufacturing company, a company which holds a license (work-commitment) from a manufacturing company or a certified company which performs maintenance and repair of crane systems

b. Special Qualifications (Deliverable #4):

The Contractor shall provide certified, fully qualified and trained personnel for maintaining and repairing Cranes with a minimum of three (3) years expert knowledge performing the required services and shall have a minimum of one of the following diplomas:

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 Certificates of training, or equivalent qualifications to perform maintenance and repair on the crane systems located throughout USAG Wiesbaden (see Attachment 2).

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.

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. Contractor personnel identification shall be easily identifiable through the display of badges IAW AER 27-715 Contractor Identification. Contractors performing work at Government workplaces shall provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the Contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall ensure their employees wear the badges visibly when performing work at Government workplaces.

1.12 Contractor Travel: Reserved

1.13 Other Direct Costs (ODCs): Reserved

1.14 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.

1.15 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.

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.

1.16 Non-Disclosure Statements: Reserved

1.17 Organizational Conflict of Interest (OCI): Reserved

1.18 Phase-In/Phase-Out Period: Reserved.

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

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

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

1.20.1 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, 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) is available at the Garrison website: http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf

Current Prohibited Refuse Disposal Practices Policy (Garrison policy Number 27) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf”

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

1.22.1 Anti-Terrorism (AT) Level I Training (Deliverable #5): 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 10 work 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 10 work days after completion of the training.

1.22.2 OPSEC Training (Deliverable #5): 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 10 work days after completion of the training.

1.22.3 iWATCH Training (Deliverable #5): The Contractor and all associated subcontractors shall brief all employees employed under the contract on the local iWATCH 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 10 work days after completion of the training. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.22.4 Information Assurance (IA) Training: Reserved

1.23 Authorization to Perform Services in Germany: The following provides information on performing services in Germany.

1.23.1 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.

1.23.2 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.

1.23.3 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.

1.24 Notice to Proceed: Reserved

1.25 Electromagnetic Compatibility Directive: Reserved

1.26 Government Property and Services: Reserved

1.27 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.