FINAL PWS - Chlorination Services 8 Jul 24.pdf

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USAG Ansbach Chlorination and Fluorination Services
Solicitation number
W912PB-24-R-3031
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This document is a Performance Work Statement (PWS) for a non-personal services contract to provide replacement, inspections, maintenance and repair services for chlorination and fluorination plants at the U.S. Army Garrison Ansbach and Illesheim.

The key objectives are to ensure all work meets applicable laws and regulations, provide historical data and required reports, and deliver services that conform to measurable performance standards of quality, timeliness, and quantity. The contractor shall determine the best and most cost-effective ways to fulfill the requirements, emphasizing innovation and commercial best practices. The contract period of performance is 5 years, with a base year and four option years. The contractor shall provide all required personnel, equipment, supplies, facilities, tools, and other items necessary to perform the services as defined in the PWS. The PWS contains detailed requirements for recurring maintenance and on-demand repair services, contractor qualifications, safety, security, environmental compliance, quality control, and reporting.

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Performance Work Statement (PWS)

Maintenance, Inspection and Repair Work for the Chlorination and Fluorination Plants USAG

Ansbach and Illesheim

(02 July 2024)

Contents:

1.0 Introduction

1.1 Background

1.2 Objectives

1.3 Climatic Conditions

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage

2.0 Requirements

2.1 Description of Services

2.1.1 Non-Personal Services

2.1.2 General Information

2.1.3 Place of Performance and Hours of Operation

2.1.4 Holidays

2.1.5 Emergency Services

2.1.6 Contract Administration and Management

2.1.7 COR/ACOR Functions

2.1.8 Quality Control Submittals

2.1.9 Subcontract Management

2.1.11 Contractor Employees

2.1.12 Business Relations

2.1.13 Data Rights

2.1.14 Non-Disclosure Requirements

2.1.15 Non-Disclosure Statements

2.2 Work Management

2.3 As-Builts and Geospatial Information System (GIS)

2.4 Historic Property or Archaeological Site

2.5 Special Requirements

2.5.1 Security

2.5.2 Security Trainings

2.5.3 Safety

2.5.4 Training, Physical Requirements, and/or other Expertise Required

2.5.5 Environmental Requirements

2.5.6 Contingency Plans

2.6 Quality Assurance (QA)/ Inspection Support

3.0 Performance Requirements and Standards

3.1 High Level Objectives

3.1.1 Performance Task Requirements, Standards, and Acceptable Quality Levels

3.2 Service Contract Reporting

4.0 Performance Requirements Summary (PRS) Matrix

4.1 Quality Assurance

4.2 Quality Control Plan (QCP)

5.0 Common Levels of Service (CLS)

6.0 Deliverables

7.0 Related Documents

7.1 Definitions and Acronyms

7.1.1 Definitions

7.1.2 Acronyms

7.2 Applicable Directives, Publications

7.2.1 Specific Host Nation and EU Laws, Regulations, Ordinances, and Rules

7.2.2 Manuals

7.3 List of Technical Exhibits (TE)

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

7.4.1 Utilities

7.5 Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE)

7.5.1 Contractor-Furnished Material and Responsibilities

7.5.2 Contractor-Furnished Items

7.5.3 Contractor Facilities

7.6 System for Award Management (www.sam.gov) …………………………..27

http://www.sam.gov/

1.0 Introduction

This is a non-personal services contract to provide Base Operation and Support Services for the United States Army Garrison Ansbach and Illesheim. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS. The Contractor is responsible for providing all parts required for Preventive Maintenance Orders (PMOs) and all repair parts required for Demand Maintenance Orders (DMOs).

1.1 Background

This is a non-personal services contract to provide Replacement, Inspections, Maintenance and Repair Services for Chlorination and Fluorination Plants. Service Location is the US Army Garrison Ansbach and Illesheim. The Contractor engaged under this PWS shall provide all required personnel possessing the skills, knowledge, and training to satisfactorily perform the services required under this contract. Personnel performing work under this contract shall remain employees of the Contractor and will not be considered employees of the Government.

1.2 Objectives

The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications described under 7.2 Applicable Directives, Publications of this PWS. The Contractor shall ensure that all work meets the level of service, performance standards, and/or tolerances specified in the PWS or in applicable referenced documents.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by

6.0 Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract.

The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost-effective ways to fulfill replacement, inspection, maintenance and repair of Chlorination and Fluorination Plants and their component needs, emphasizing innovation and commercial best practices. The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS.

1.3 Climatic Conditions: Reserved

1.4 Facility Access:

1.4.1 Key Issue / Key Control

To avoid unauthorized access to Government potable Water Plants, Key Control will remain Government responsibility. The Government official in consultation with the DPW Inspector will be in charge for Key Issue / Key Control.

1.5 Traffic Flow: Reserved

1.6 Drainage:

Maintenance work performed under this contract shall not impede drainage.

2.0 Requirements

2.1 Description of Services

2.1.1 Non-Personal Services

The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.1.2 General Information

2.1.2.1 Period of Performance (POP)

The POP consists of five (5) years and is as follows:

20 Sep 2024 – 19 Sep 2025 (Basic Year)

20 Sep 2025 – 19 Sep 2026 (First Option Year)

20 Sep 2026 – 19 Sep 2027 (Second Option Year).

20 Sep 2027 – 19 Sep 2028 (Third Option Year) 20 Sep 2028 – 19 Sep 2029 (Fourth Option Year)

2.1.3 Place of Performance and Hours of Operation

The work to be performed under this contract will be performed at USAG Ansbach Bleidorn AFH: Building # 5080, 5081, 5082, 5084, 5093, 5094, 5095, 5096, 5099 and 5107. Bleidorn Army Family Housing, Building # 5085, 5086, 5087, 5088, 5089, 5092 and 5097. Building # 5910 Katterbach Kaserne Building # 8034, Urlas Training Area Building. # 8150, Urlas Area, Building # 5 Franken Kaserne, Building. # 5259 A Barton Kaserne, Building. # 6640 Illesheim Kaserne, Building # 8206 Radar Site Oberdachstetten, Shipton Barracks Bldg # 8010

2.1.3.1 Hours of Operation

The Government's regular (normal) hours are from 0730 – 1600 hours Monday through Friday except on Federal and Host Nation holidays or when the Government facility is closed due to local and/or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall conduct business during regular hours unless this is an emergency service (refer to 2.1.4.1 for Contractor Response Time and Support Hours).

2.1.4 Holidays

The Contractor’s performance shall not be required on the U. S. Federal public holidays listed below unless this is an emergency service (refer to 2.1.4.1 for Contractor Response Time and Support Hours). Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

American Holidays:

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth, June 19th 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, 26th

The Contractor’s performance shall not be required on local Host Nation holidays occurring during the normal workweek unless this is an emergency service (refer to 2.1.4.1 for Contractor Response Time and Support Hours).

The Contractor is responsible to inform himself about local Host Nation Holidays of the Area/County/Country the work will be performed.

Host Nation Holidays:

Heilige Drei Koenige, January 6th

Karfreitag, Friday before Easter Easter Monday, day after Easter Sunday Corpus Christi, Christi Himmelfahrt Tag der Arbeit, May 1st Fronleichnam Tag der deutschen Einheit, October 3rd Allerheiligen, November 1st Sylvester, December 31st

2.1.4.1 Contractor Response Time and Support Hours

Routine repair service: For routine repairs, the Contractor shall provide a written cost estimate to the COR for approval within three (3) days after the repair requirement is identified/confirmed [Deliverable B.001]. The contractor shall be scheduled for commencement within three (3) work days after receipt of required parts and the work shall be continued until repair is completed but NLT three (3) work days after commencement.

Cost estimate for the repair/replacement of subject Chlorination-, Fluorination Plant system must be calculated as “all inclusive” and shall be provided to the COR or approval within (3) days following the written request. Contractor workdays for recurring services and routine on-demand services are Monday through Friday from 0730 to 1600 hours excluding on U.S. Federal American and local Host Nation Holidays.

2.1.4.2 Installation Closures

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

(i) Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

(ii) Reschedule the work in coordination with COR, the Government will unilaterally determine the dates and times if no agreement can be reached.

2.1.4.3 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.

2.1.4.4 Inclement Weather Delay

If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the KO through the COR if inclement weather suspends operations within two (2) hours. The Contractor shall resume operations in coordination with COR.

2.1.5 Emergency Services: Reserved

2.1.5.1 Notifications on Accidents

The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the Fire Department POC (DSN 587-0015), and the KO through COR (DSN 587-1612) immediately, NLT two (2) hours of the incident [Deliverable B.002].

2.1.5.2 Medical Treatment Services

The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel.

2.1.6 Contract Administration and Management

2.1.6.1 Post Award Conference/Performance Evaluation Meetings

The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. Written minutes of meetings may be recorded by the Government and in this case will be signed by both the Program Manager and the attending Government representative(s). The written minutes may be distributed within five (5) workdays after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two (2) calendar days following receipt of the minutes.

The Contractor shall attend, participate in, and furnish input to scheduled and 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 Project Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start and/or end outside of regular duty hours.

2.1.6.2 Contractor’s Responsibilities

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by 6.0 Deliverables of this this PWS.

The Contractor shall provide an Installation Pass Log of all Contractor employees, subcontractors, subcontractor employees, and their vehicles including last, first, middle name of the employee (and subcontractors); copy of her/his valid personal identifier (e. g. passport); copy of his/her valid residence permit (only for non-EU citizens); date the employee will start working on the installation included.

Probation and training period; criminal record certificate (polizeiliches Führungszeugnis); security questionnaire for a simple security check; registration information on privately owned vehicle (POV) used for the work at the installation: plate number, country, make, model, year, body type, and color. The log shall be updated as employees are added or removed and include last, first, middle name of the employee’s sponsor (if applicable, for the time a new employee does not have any permanent installation access) as well as contact details of the sponsor. The updated installation pass log shall be current and available at any time upon request by the Government and submitted to the COR and NLT the post award conference and within five (5) days after any changes to the log [Deliverable B.004].

2.1.6.3 Authorities

The following provides the roles and their respective authority during the performance of the contract:

2.1.7.3.1 Contracting Officer (KO)

The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. The KO will affect all contract administration. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes. The KO may approve all submittals and plans required in this PWS.

2.1.7.3.2 Contracting Officer’s Representative (COR)

The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR and/or ACOR, and shall be trained and appointed IAW DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification and DFARS 201.602-2. The ACOR will serve as on-site representatives of the COR in performance of actual contract surveillance, if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR. The COR and/or ACOR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR and/or ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.7.3.2.1 COR Authority

A designation letter will be issued to the COR by the KO. A copy of the letter will be sent to the Contractor. The designation letter states the responsibilities and limitations of the COR and/or ACOR, especially with regard to changes in cost, price estimates, and/or changes in delivery dates. The COR and/or ACOR is not authorized to change any of the terms and conditions with regard to cost, quantity, and/or schedule of the resulting order.

2.1.7.3.3 Contractor

The Contractor shall not in any way represent the U.S. Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

2.1.7 COR/ACOR Functions

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor, document, and report Contractor's performance and notify both the KO and the Contractor of any deficiencies; coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.8 Quality Control Plan (QCP)

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within {Insert number of days (refer to Part 2 for definition of day and workday) (recommend ten (10) days)} after date of contract award ({Insert Deliverable #}) (for example, A.001). (NOTE: To minimize confusion, and to the extent possible, if using “day” as defined in Part 2, recommend use of “day” throughout the PWS.)

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within {Insert number of days (refer to Part 2 for definition of day and workday) (recommend ten days)}. If the Government has provided comments, the Contractor shall then have {Insert number of days (refer to Part 2 for definition of day and workday) (recommend three (3) days)} to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than {Insert number of days (refer to Part 2 for definition of day and workday) (recommend 30 days)} prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

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

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

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

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

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

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).

2.1.8.1 Contracting Officer Representative Tools

Procurement Integrated Enterprise Environment (PIEE), especially Surveillance and Performance Monitoring Module (SPM) and Joint Appointment Module (JAM) shall be used for nomination, tracking, documentation, and management of CORs IAW DoDI 5000.72, DFARS 201.602-2 and PGI 201.602-2.

2.1.8.2 Identified Issues or Potential Problems

The Contractor shall inform the COR of issues or potential issues that might affect the performance within twenty-four (24) hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days.

[Deliverable B.006].

2.1.9 Subcontract Management

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this contract and shall be responsible and accountable for subcontractor performance on this contract. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations (FAR Subpart 9.5).

2.1.10 Contractor Employees

The Contractor shall not allow any employee that is not certified, trained or licensed for a particular task to perform such work.

2.1.10.1 Key Personnel

2.1.11.1.1 Program Manager

The Contractor shall provide a Program Manager and an alternate Program Manager who are responsible for the performance of the work. The name of this person and an Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the KO NLT five (5) days after contract award [Deliverable B.007].

The Program Manager shall conduct overall management coordination and shall be the central POC with the Government for performance of all work under the PWS. At the Post Award conference but NLT ten (10) days after contract award date, the Contractor shall submit to the COR and/or ACOR, in writing, the name, title, email address, office, and mobile working telephone number(s) of the Program Manager and the alternate Program Manager. The same information shall be submitted NLT ten (10) days after any changes of key personnel occur his information shall also become a part of the QCP, refer to 4.2 for Quality Control Plan (QCP). Both the Program Manager and the alternate Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this Contract. Refer to 2.1.4.1 for Contractor Response Time and Support Hours of the Program Manager and the alternate Program Manager.

2.1.11.1.1.1 Language Proficiency

The contractor’s employees key positions be required to speak and understand English at a professional level.

2.1.11.1.1.2 Experience and Expertise

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

2.1.11.1.2 Common Access Card (CAC): Reserved

2.1.11.1.3 Legal U.S. Residents: Reserved

2.1.11.1.4 Qualification Standards

The Contractor shall inspect, repair, and maintain systems and components associated with the Chlorination and Fluorination Plants at USAG Ansbach and Illesheim, listed in TE 3 List of Systems as required throughout this contract, utilizing properly trained, skilled, and qualified employees and/or subcontractor personnel. The Contractor shall provide to the KO for review and acceptance objective evidence that personnel maintenance instructions and as outlined in the applicable European and German regulations, refer to for Training, Physical Requirements, and/or other Expertise Required. Certifications shall be valid at the time of performance as well as throughout the entire contract POP. The technician must a craftsman’s ship in Sanitary and must have at least 4 years experience of maintenance to these systems to the US Government (USG). The Contractor shall have at least one

(1) year experience in this trade.

2.1.11.1.5 Contractor Identification

All Contractor personnel attending meetings, answering Government telephones, presenting briefings, conducting or attending meetings, and seminars, and working in other situations where their Contractor status is not obvious to third parties must to distinguish themselves (e. g., badge, company logo, and/or uniform) from Government employees to avoid creating an impression in the minds of members of the public that they are Government officials.

The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Refer to 7.5 for Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE).

2.1.11.1.6 Standards of Conduct

Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons and/or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation.

2.1.11.1.7 Contractor Hiring Restrictions

Reserved

2.1.11.1.8 Organizational Conflict of Interest (OCI)

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services, which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall submit a plan within twenty-four (24) hours after the Contractor becomes aware of potential or actual OCI to the KO via COR to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements, which may be affected by the

OCI.

2.1.12 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the COR and/or ACOR corrective action plans, timely identification of issues, and effective management of subcontractors within ten (10) days after identification of the issue or at a mutually agreed upon date The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.1.13 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 KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

2.1.14 Non-Disclosure Requirements

Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this PWS would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal 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 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.

2.1.15 Non-Disclosure Statements

Reserved

2.2 Work Management

Work requirements and timelines shall include coordination with the COR and DPW Utilities Branch. As a part of the work scheduling process, the Contractor shall coordinate all work with the Building/Facility Manager in charge of the facility where the work is to be done.

2.3 As-Builts and Geospatial Information System (GIS): Reserved

2.4 Historic Property or Archaeological Site: Reserved

2.5 Special Requirements

2.5.1 Installation Access:

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

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

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

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

2.5.1.2 Motor Vehicle Operators: Reserved

2.5.1.3 Contractor Vehicle Registration:

A list of vehicles should be provided to the COR with proof of proper insurance if they are to be used on base.

2.5.1.4 Background Checks

Reserved

2.5.1.5 Physical Security

Reserved.

2.5.2 Security Training

2.5.2.4 iWATCH Training

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR and/or ACOR.

This training shall be completed within thirty (30) days after the contract is awarded and within five (5) days after new employees commence contract performance, with the results reported to the COR within three (3) days after completion of the training [Deliverable B.012]. Training slides can be found on the Army OneSource we site:

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

2.5.2.5 Anti-Terrorism (AT) Level I Training

All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S.

based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer if a COR is not assigned) within three (3) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training [Deliverable B.008] every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided within three (3) days after completion of the training.

2.5.2.6 OPSEC Training

All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be 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 twelve (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, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within three (3) days after completion of the training. Training could change in the near future.

2.5.3 Safety

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.

2.5.3.4 Safety Plan

The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the KO via COR of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change. The Contractor shall comply with all safety and fire regulations as prescribed in applicable US, European, and German safety and fire prevention and protection codes, regulations, rules, and ordinances.

2.5.3.5 Occupational Safety and Health

The Contractor shall comply with all applicable Federal, State, and local laws (DGUV-Deutsche Gefahren-und Unfallverhuetungs Vorschrift), regulations, and directives.

2.5.3.6 Accident report

The contractor shall report all injuries and accidents (Is this going to be on both or just one?) for employees or subcontractor employees. to the Government. The contractor shall complete DA form 285, US Army Accident Invest. Report to the KO, though the COR, no later than 24 hours after occurrence for all personal injury accidents.

[Deliverable B.010].

2.5.4 Training, Physical Requirements, and/or other Expertise Required

The Contractor shall ensure all Contractor employees and associated subcontractors who will conduct system http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx http://www.cdse.edu/catalog/elearning/GS130.html replacement, inspections, maintenance, troubleshooting, and repair of Chlorination and Fluorination Plants under this PWS, are experienced, specialized, and qualified persons who have thorough knowledge of the Chlorination- Fluorination systems listed in TE 3 List of Systems and are aware of dangers and accident emergency measures related to work with these systems. The contractor has to provide certificates for trainings of all listed systems to the KO,

2.5.5 Environmental Requirements

2.5.5.4 Green Procurement: Reserved

2.5.5.5 Recycled or Recovered Products: Reserved

2.5.5.6 Environmental Compliance

The Contractor shall comply with all Federal, State, local, DA, and installation environmental laws, rules, plans, and policies including air and water pollution control requirements. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance. The Contractor shall submit Safety Data Sheets (SDS) to the COR and/or ACOR on all materials five (5) days before delivery of the material. The Contractor shall provide upon request from the COR all required data to meet environmental-mandated reporting requirements (e. g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation).

2.5.5.7 Environmental Plan/Spill Plan and clean up

The Contractor shall notify the Fire Department, the COR within one (1) hour, if the Contractor spills or releases any hazardous substances, i. e. substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification [Deliverable B.004]. The Contractor shall establish an Environmental/ Spill Prevention and Cleanup Plan for handling POL, spill prevention, and spill cleanup in cooperation with the Community Spill Coordinator and the fire department and submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan. The Contractor shall comply with the USAG Bavaria Spill Prevention and Response Plan.

2.5.6 Contingency Plans: Reserved

3.0 Performance Requirements and Standards

3.1 Task

3.1.0 The contractor shall provide yearly maintenance and inspection of the chlorination stations IAW the DIN 19606, DIN 1988 (Deutsche Industrie Norm) and manufacturer guidelines. Perform routine inspections and maintenance on chlorination and fluorination plants according to the established schedule.

3.2 Standards

3.2.1 Frequency of Inspections: Perform inspections of chlorination and fluorination equipment and systems at least once a year.

3.2.1 Acceptable Quality Levels (AQLs).

3.2.1.1 Equipment Performance: Equipment should consistently perform within ±5% of specified parameters, as verified by routine inspections and calibration. Chlorine amount shall be permanent between 02-0,5 mg/l.

3.3 Damage Caused by Contractor

Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR and/or ACOR and return the damaged area to its previous condition. The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod.

The Contractor shall maintain all turf repair work to ensure successful growth.

3.4 Services

The Contractor shall provide recurring and on-demand services for inspection, maintenance, troubleshooting, and repair of the Chlorination and Fluorination systems at USAG Bavaria – Ansbach and Illesheim, for specified systems listed in

TE 3 List of Systems. Services of the Contractor comprise all labor and incidental costs which arise for the administration, control, supervision, planning, operation, inspection, testing, transportation, maintenance, trouble-shooting, repair, and replacement of parts and material.

3.5 Recurring Maintenance Schedule:

Yearly Recurring Maintenance Schedule shall be coordinated with responsible Government officials within 30 days after Contract Award (COR, Inspector, Water Plant Technician.)

3.5.1.1.1.1 Repair Service

The Contractor shall perform repair services only if assigned and coordinated with the COR and/or ACOR and IAW

3.1.1.3 Cost Estimates. Repair services shall be performed IAW manufacturer’s procedures and/or contractor-developed procedures and IAW 7.5.1 Contractor-Furnished Material and Responsibilities. The Contractor shall order parts IAW

3.1.1.4 Contractor’s ordering of Parts. The Contractor shall announce any start of repair services to the COR and/or ACOR minimum two (2) days in advance and schedule the services IAW 2.1.4.1 Contractor Response Time and Support Hours. With prior documented COR’s and/or COR’s approval, the repair start time may exceed the limit.

All services as specified as Routine/Emergency repair work will be reimbursed under the respective time CLINs for Routine/Emergency repair work and material CLINs.

After completion of repair service, contractor shall perform a functional test for proper operability of the equipment’s designated function.

3.1.1.3-Cost Estimates For system replacements, routine and emergency repairs the Contractor shall provide cost estimates IAW 2.1.4.1 Contractor Response Time and Support Hours. Contractor’s written repair cost estimate shall be IAW 2.1.5 Travel/Temporary Duty and include at least the following:

- Estimated start and completion date after receipt of Government approval to perform recommended repairs;

- If applicable, parts and/or material list containing: part and/or material name; part number; catalog name, number, and date; part availability (in stock or order); delivery time.

- Number of personnel and man-hours to perform the repair work;

The Contractor will be paid for RM and on-demand services only if assigned by task order and if actually accomplished. Recurring services and on-demand services not executed shall not entitle the Contractor a claim for loss of profit.

3.1.1.4 Contractor’s Ordering of Parts

For routine repairs, the Contractor shall order required parts within three (3) work days after Government approval.

3.1.1.4.1 Contractor Ordering Progress Report

For each system, which is not operational due to parts being on order, the Contractor shall provide a weekly progress report (formless per E-Mail) to the COR until the system is operational no later than the last work day of the week at 1000 local time. The progress report shall have the applicable system information identified in TE 3 List of Systems, the list of parts on order, and the estimated delivery date for each part. (Deliverable B005)

3.1.1.4.2 Record of Service

The contractor shall complete and submit Record of Service to the COR within five (5) workdays after RM and/or on-demand services. The Report should be any format. The Report shall include Location Labor, Material, duties and the name of the worker within five (5) workdays after RM and/or on-demand services, the Contractor shall submit to the COR a record of service with the information as required under TE 2 Record of Service [Deliverable B.006].

3.1.1.4.3 Provision of Technical Reports/Protocols

Within five (5) workdays after RM and/or on-demand services, the Contractor shall submit to the COR all technical reports/protocols of inspection, maintenance, trouble-shooting and repair reflecting the condition of the system, operability and possible damages or deficiencies per facility, system or equipment as described in this contract [Deliverable B.007].

3.1.1.4.4 Cleaning of Job Sites

The Contractor shall clean Government facilities, equipment, and work sites at least in the end of each workday.

Contamination of work areas by the Contractor during performance of recurring maintenance and/or on-demand services shall be cleaned immediately in accordance with federal, state, and local environmental laws and regulations at no additional cost to the Government. Refer to 2.5.5.3 for Environmental Compliance. All replaced and/or defective parts to be removed shall be shown to the COR and properly disposed of by the Contractor.

3.2 Service Contract Reporting

3.2.1 System for Award Management (SAM) Service Contract Report (SCR)

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for recurring and on-demand services for maintenance, troubleshooting, and repair of Chlorination and Fluorination Plants at USAG Bavaria Ansbach and Illesheim for specified systems listed in TE 3 List of Systems via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.SAM.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

3.2.2 Steps for Submitting a Service Contract Report (SCR)

1. Go to www.sam.gov and log in.

2. Select Entity Registrations and then select Service Contract Reporting.

3. SAM displays your entities which have service contracts and meet the reporting criteria. Select View by entity to see the service contracts for each entity.

4. Next, select Add for the service contract against which you want to create a Service Contract Report.

Each service contract which meets the FAR Subpart 4.1703 reporting thresholds is displayed.

5. You will be taken to the Complete Service Contract Report page. SAM displays the contract details and allows you to report. You are required to enter the following information:

- Total Amount Invoiced: Total dollar amount invoiced for services performed during the previous Government fiscal year under the contract (this amount should include the prime and any subcontract amount).

- Prime Contractor Hours Expended: Prime contractor direct labor hours expended on the services performed during the previous Government fiscal year. The amount you enter is automatically divided by 2,080 hours to calculate a Full Time Employee (FTE) equivalent, displayed under the Prime Contractor Hours Expended as Prime Contractor FTEs.

6. Report any required Tier 1 subcontractor information by selecting the Add Tier 1 Subcontract Information button.

7. When you are ready to submit the report, select Submit. This saves your report and returns you to the

Select Service Contract page where you can create other SCRs or edit an existing SCR.

3.2.3 Steps for Editing a…

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