Germany Wide EDD PWS - DRAFT.docx

PERFORMANCE WORK STATEMENT (PWS)

Germany Wide Explosive Detector Dog Team (GWEDD)

US Army Europe – Africa (USAREUR-AF)

Part 1

General Information

1 GENERAL: This is a non-personal services contract 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 non-personal services contract to provide armed security personnel employed under this contract may be used to provide explosive detection dog teams associated with the protection of U.S. Government installations, materials, property, and personnel. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The United States (US) Government requires the contractor to provide armed security services to ensure compliance with Department of Defense (DOD), and U.S. Army mandates for physical security on Army installations in Germany.

1.3 Scope: The Contractor shall provide non-personal armed security services specified by this PWS, the Exhibits and the Special Guard Orders throughout Germany. The Contractor shall provide all personnel, equipment, and supplies unless identified as Government-furnished. This PWS, workload data, and special guard orders set forth the overall duties, the general operating hours, the number (where mandated) and types of services, the specific equipment and facilities to be provided by the Contractor.

1.4 Objectives: Applying the instructions provided, the contractor shall provide trained and certified Explosive Detector Dog (EDD) teams for use at U.S. Government installations and facilities.

1.5 Period of Performance: The period of performance is for a five-year ordering period and a five subsequent option years In Accordance With (IAW) Federal Acquisition Regulation (FAR) 52.217-8. Actual dates will be specified in the contract and task orders.

1.5.1 Phase In /Phase Out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 270 day phase in/ phase out period. During this period the new contractor shall gradually assume the responsibilities of the incumbent contractor, in an orderly manner. The new contractor may assume responsibilities either by installation or by garrison in a phased manner. The transition period is not designed for the new contractor to “shadow” or follow the incumbent contractor to observe how the incumbent contractor executes the work, and then create a plan to accomplish the mission based on observing the incumbent contractor. The transition period will be to ensure an orderly transition between contractors, and ensure a constant level of security at all installations. The two contractors shall cooperate to the extent necessary to maintain security, and to ensure the safety of all guards providing security services.

1.5.2 Mobilization Plan: The contractors accepted mobilization plan is summarized below:

A+0– Award Date, full transition begins A+4 – Pre-performance Conference A+7 – AM meeting to discuss new requirements A+11 – Site Instructor meeting A+60 – Prepared to begin services, without radio upgrades A+90 – Submit Quality Control Plan to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) for review and acceptance A+120 – Prepared to begin performance with radio upgrades

1.6 General Information: All reports, forms, and correspondence required by this PWS and generated by the contractor shall be prepared in the English language. Reports, forms and correspondence shall be clear, concise, accurate, and in the proper format.

1.6.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a Quality Control Plan (QCP) to ensure services are performed in accordance with 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 1.8. Key Control).

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

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

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

A QCP shall be submitted to the KO through the COR for review and acceptance within 90 calendar days after date of contract award. After acceptance of the QCP, the Contractor shall receive the KO’s acceptance in writing. Any changes to the accepted QCP will be required to be resubmitted for acceptance within five (5) calendar days. An analysis of quality control and timeliness reports shall be sent to the COR within 30 calendar days after the end of each Task Order.

CDRL #1: Quality Control Plan

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 will be provided as soon as the contractor becomes aware of the issue and will be followed up by written reports within five (5) calendar days.

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

1.6.3 Recognized Holidays:

U.S. Holidays: Work shall be performed on all U.S. holidays IAW Exhibit #4 – Workload Data and the special guard orders. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively in accordance with or otherwise directed by 5 U.S.C 6103.

Host Nation Holidays: Work shall be performed on local Host Nation* holidays.

* Local host nation holidays occur in the region/state where contract performance takes place. Refer to installation/base policy.

Training Holidays: Work shall be performed on training holidays granted by US Army Europe – Africa (USAREUR-AF). Refer to installation/base policy.

German national and local holidays:

1.6.4 Hours of Operation:

The Contractor is responsible for conducting business, between the hours of 0001 and 2400 Monday thru Sunday. Exceptions to operating hours vary at locations based on operational requirements, and are annotated in Attachment #4 – Workload Data and special guard orders. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when Government facilities are not closed. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Training Holidays: USAREUR-AF 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.

1.6.6 Place of Performance: The work to be performed under this contract will be performed at locations listed below and further detailed in Attachment #4 - Workload Data. Any new locations added in which performance is required within the Federal Republic of Germany in support of the U.S. Army will be considered to be within the scope of this contract, unless specifically excluded.

a. USAG Rheinland Pfalz (Rheinland-Pfalz). EDD services specified in this location shall be performed at U.S. Military Installations at sites located in: Kaiserslautern, Miesau, Weilerbach, Landstuhl, Pirmasens, Sembach, Germersheim, Grünstadt, and Baumholder, Germany.

b. USAG Stuttgart (Baden-Württemberg). Guard services shall be performed at U.S. Military Installations in Stuttgart, Germany.

c. USAG Bavaria (East Bavaria). Guard services shall be performed at U.S. Military Installations located in: Grafenwöhr, Vilseck, Hohenfels, Oberammergau ((North Atlantic Treaty Organization) NATO School) and Garmisch-Partenkirchen, Germany.

d. USAG Ansbach (North Bavaria). Guard services shall be performed at U.S. Military Installations at sites located in: Ansbach, Katterbach, and Illesheim, Germany.

e. USAG Wiesbaden (Hessen). Guard services shall be performed at the U.S. Military Installations at sites located in: Wiesbaden, Mainz, Egelsbach (European Communications Research Center (ECRC)), and Darmstadt, Germany.

f. Coleman Barracks (Baden-Württemberg). Guard services shall be performed at the U.S. Military Installations at sites located at Coleman Barracks, Mannheim, Germany.

g. USAG Benelux (Nordrhein-Westfalen, Bremen). Guard services shall be performed at the U.S. Military Installations located in Dülmen and Bremerhaven, Germany.

1.7 Security Requirements:

1.7.1 Security Program: Contractor personnel performing work under this contract are not required to hold a U.S. government security clearance.

1.7.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract will not require a personnel security clearance. All contract personnel shall be native born citizens of NATO member countries. Exceptions to this requirement are US citizens (native born or naturalized is considered eligible); any ex-US military that is not a US citizen is considered eligible; and any current US military spouse/family member that is not a US citizen is considered eligible. Proof of citizenship (Passport/National Identification Card), or other required documentation, will be shown to the SCOR prior to the employee beginning duties under this contract. The Contractor shall not employ/use any Active Duty service member under the provisions of this contract. The Contractor shall provide a copy of work and residence permit for any foreign national to the SCOR for nationality verification prior to beginning duties under this contract per Army in Europe Regulation (AER) 190-16.

CDRL #2: Pre-Employment Documents

1.7.3 Installation Access:

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 in accordance with AER 190-16. Failure to submit required information/data and obtain required documentation or clearances in accordance with AER 190-16 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 used by the contractor, are made aware of and comply with these requirements.

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

c. The Contractor shall be 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. The contractor shall return the installation pass within three business days of contract completion or employee termination/resignation to the issuing office.

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

e. The contractor shall contact the COR for the responsible Organizational Sponsor & Installation Access Control Office for each garrison.

f. Upon the termination of employment or termination/cancellation of this contract, the Contractor shall collect the installation access passes. The Contractor shall collect the installation access passes the same day employment of an individual has expired/terminated, and shall return them to the issuing office within three (3) workdays.

1.7.4 Background Checks: The Contractor shall following these instructions for completing background checks for all persons working on this contract.

a. National Crime Information Center (NCIC) Check – Interstate Identification Index (NCIC-III). (THIS APPLIES TO U.S. CITIZEN EMPLOYEES ONLY). Once the contractor agrees to employ this person, the Contractor shall provide the full name, social security number, date and place of birth of each U.S. citizen employee to the COR or SCOR. The COR or SCOR will initiate the NCIC-III check IAW AR 190- 56 paragraph 2-3, and an Army in Europe (AE) Form 190-45D, Military Police Record Check. U.S. Citizens will not be employed under this contract until a favorable NCIC-III and local record check has been completed. The results of the NCIC-III check will be used to determine the reliability and trustworthiness of the employee. If subsequent NCIC-III checks or the AE Form 190-45D check turns up derogatory information on any employee, the Contractor shall immediately remove the employee(s) from performing duties under this contract. A NCIC-III check must be conducted every five years as long as a contractor employee works under the provisions of this contract.

CDRL #2: Pre-Employment Documents

b. Security Checks. AE Form 604-1A and 604-1B, with instructions shall be used IAW AE Regulation 604-1, Local National Screening Program in Germany (LNSP), to conduct security checks. The Contractor shall complete the form for each of his employees assigned to perform under this contract and submit to the COR or SCOR for processing. To process the application, the employee shall have been resident in Germany for 12 consecutive months as of the date of application. Employees on the USEUCOM Installation Access Control System (IACS) watch list and identified as unfit for installation access will not be allowed to perform under this contract. With a favorable Special Check and Good Conduct Certificate (1.7.4.c. and 1.7.4.d. below), an employee may work under this contract under the supervision of a minimum of two fully cleared employees once the LNSP has been submitted by the SCOR. After an LNSP result is received by the SCOR and deemed favorable and the employee is fully cleared, the requirement for supervision by two fully cleared employees may cease. At those locations where only two guards are assigned, the SCOR with approval of their Garrison Department of Emergency Services (DES) may assign a provisional employee to be supervised by just one fully cleared employee. If results of any security checks reveal derogatory information, the SCOR or COR will evaluate the information and determine if the employee may work under this contract. If negative and/or derogatory information is found during any subsequent security check, the Contractor will immediately remove the employee from work under this contract. An LNSP background check must be conducted every five years as long as a contractor employee works under the provisions of this contract.

c. Special Checks. If more specific checks are required, they will be identified and the procedures outlined in the Special Guard Orders or as an attachment hereto. The Contractor shall provide a copy of work and residence permit for any foreign national to the COR for nationality verification prior to beginning duties under this contract.

CDRL #2: Pre-Employment Documents

d. European Police Good Conduct Certificates (EPGCC). IAW AE Regulation 190-16, paragraph 20 e. the Contractor shall provide the original copy of the EPGCC to the SCOR for review prior to an employee working under this contract. After SCOR review the contractor shall maintain the original EPGCC. The EPGCC must be received prior to a person working under this contract. If the EPGCC contains derogatory information, the US government will determine if the individual may be employed under this contract. The EPGCC for all contract employees shall be renewed annually (every 12 months) thereafter, for the duration of this contract. The initial EPGCC and verification shall not be older than 90 days from contract award date or contract employee start date. The Contractor shall furnish the SCOR a roster with the names of all contract employees at the pre-performance conference. The roster shall include the date or prospective date of the employee’s entry into employment, the date that the EPGCC was furnished to the SCOR the employee’s position, and qualifications of each employee (training received, etc.). The roster shall be updated upon any employee transfer and a copy of the revised roster furnished to the SCOR. [For additional information see www.bundesjustizamt.de.] CDRL #2: Pre-Employment Documents

For persons employed under the NATO Status of Forces Agreement (DoD Civilian/U.S. military family members) an AE Form 190-45D must be provided to the SCOR indicating no criminal record, or evidence of past drug or alcohol abuse is required in lieu of the EPGCC.

CDRL #2: Pre-Employment Documents

e. Individual Reliability Program (IRP). The Contractor will comply with the provisions of the Individual Reliability Program as defined in Chapter 3, AR 190-56, The Army Civilian Police and Security Guard Program and USAREUR-AF Supplement to AR 190-56. The Contractor will ensure that all personnel are thoroughly briefed on all aspects of this program. Deviation from AR 190-56 is authorized with regard to medical screening as Host Nation physicians are not familiar with AR 190-56 requirements. Supplementary medical forms in English and German signed by the physician (per paragraph 1.12.b below) will be submitted and attached in lieu of signing the IRP screening form.

CDRL #3: Doctor’s Statement

1.7.5 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW AR 190-13, “The Army Physical Security Program.”

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

1.8 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. 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 Quality Control Plan. The contractor shall develop and implement a key control plan as required by AR 190-11 and Appendix D of AR 190-51, Security of Unclassified Army Property - Sensitive and Non-sensitive, for accountability and security of all sensitive keys and locks in use under the contract. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. Master Key systems are prohibited. Any lost, stolen, and damaged keys shall be reported to the SCOR/COR as soon as possible. The Contractor shall immediately report any incidents of lost or duplicate keys/key cards to the KO or COR by submitting an incident report with the details of the event. 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 the monthly payment due 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 monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards 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 Contractor’s Quality Control Plan.

CDRL #4: Incident Report

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

1.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. 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, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. To assist the COR in administering this contract, the U.S. Government will appoint one or two Alternate CORs (ACOR) and several SCOR to ensure proper oversight of each garrison under this contract.

1.11 Key Personnel: The following personnel are considered key personnel by the Government: the project manager and the explosive detection dog (EDD) manager. All Key Personnel shall be proficient in English, and in the host nation language, be well versed with the requirements of this contract, and be familiar with applicable U.S. military regulations and host nation laws.

CDRL #5: Key Personnel Roster

a. Project Manager: The Project Manager shall be the central point of contact with the Contracting Officer, COR and Site CORs (SCORs). The Project Manager shall be responsible for the overall management and have full authority to act for the Contractor on all matters relating to daily operations of this contract.

The name of this person and any alternates who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The Project Manager or alternate shall be available between 0800 – 1700, Monday thru Friday except Federal holidays or host nation holidays. The Project Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Project Manager shall have the necessary security or law enforcement administration experience in the armed forces, civilian police, or commercial security agencies to successfully perform this requirement. The Project Manager is responsible for effectively managing the security operations described within this PWS.

b. Explosive Detection Dog (EDD) Manager. The Contractor shall provide a separate qualified individual to serve as the EDD Manager (see AR 190-12 paragraph 1-5). The EDD Manager shall have at least six years prior experience as a senior military or civilian working dog handler or four years of experience as a kennel master or two years of experience as a working dog program manager. The nature and extent of this experience shall be such that the individual(s) has the capability of effectively managing an EDD program of the scope and magnitude described herein.

1.12 Special Qualifications:

a. Language. All contractor employees shall be able to communicate in English and the host nation language to the degree that they understand oral and written communications and express themselves in matters pertaining to their work (i.e. reporting of emergency situations) in person or by telephone/radio communications, to their management, the SCOR, and military authorities. Additionally the employees shall be able to provide clear communications to the customer at the point of service.

b. Medical Requirements. Contract employees, excluding key personnel, shall provide a “Doctor’s Statement”, signed & dated by their Physician (in both English & German), that states the employee can take the Physical Ability Test (PAT), is free of any communicable disease; is in good general health without physical or mental defects or abnormalities that would interfere with the performance of contractual duties; possesses binocular vision (i.e. see in both eyes) correctable to 20/30; is free of color blindness; is capable of hearing ordinary conversation at 15 feet (4.5m) with either ear, without the benefit of a hearing aid. The “Doctor’s Statement” shall also state whether the employee will be medically capable of performing duties wearing a protective vest IAW paragraph 4.4 of the PWS. The contractor shall maintain these Doctor’s statements on file for the duration of the Contract Security Guard’s (CSG’s) employment.

CDRL #3: Doctor’s Statement

d. German Industrie-Und Handelskammer (IHK) training/certification program: EDD handlers shall possess the German IHK security guard training/certification for employment under this contract. Employees shall be proficient in English. If an employee is found to lack the required English language proficiency skills, the Contractor shall be required to replace the individual.

CDRL #6: German Industrie-und Handelskammer (IHK) Certificate

e. Armed Guards. In addition to the IHK qualifications required for security guards as stated above, armed security guards shall have completed the German Waffenamt training requirements for carrying weapons, and shall have completed all Training Requirements in this PWS.

CDRL #7: German Waffenamt training certification

f. Instructor Certification/Qualifications. The Contractor shall ensure that all employees complete all initial, annual, quarterly, and other refresher proficiency training required by the PWS. All firearms proficiency training and weapons live fire training will be conducted by weapons instructors authorized and certified in accordance with German legal requirements. Waffensachkunde (weapons ordnance) training shall be conducted by instructors certified by the German authorities. A certified Red Cross training instructor shall teach first aid/CPR training. The training credentials and certification of each instructor shall be provided for review upon request by the COR or SCOR. The Contractor shall assign a sufficient number of trainers to support each Area Manager based on the number of employees assigned to the area.

CDRL #8: Training Records

1.13 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors 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.

a. The Contractor shall furnish standard security guard uniforms as appropriate for use by security guards in the host nation. The uniform shall be worn by all contract personnel while on duty. The uniform shall support a cloth or metal insignia displaying the Contractor furnished badge. The uniform shall not match any other uniformed activity such as the host nation police, firemen, military, or U.S. military, so that contract personnel cannot be confused with those other uniformed activities, as required by appropriate host nation laws. Appropriate shoes or boots (both with firm sole and heel) shall be worn. Sport/casual shoes are not authorized.The Contractor shall provide uniform clothing and footwear for use during inclement weather. All uniforms shall be “identical”, including seasonal clothing, except for items that identify rank or position. All employees on duty shall wear uniform seasonal clothing and shoes, and carry identical equipment.

b. Contract personnel shall wear identification badges provided by the Contractor while on duty. The badge shall be laminated. The badge shall contain a personal picture, name of employee, and Contractor’s name. Badges shall be worn in a uniform manner on the outer garment in full view. Each guard will be equipped with these items: a pistol belt, an ammunition pouch in which ammunition magazines will be stored, and holster; a whistle; and a first aid kit/pouch, unless a complete first aid box is placed on the post, which will take the place of the first aid pouch. All armed employees shall also be equipped with handcuffs and key.

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

1.15 Required Training: As required on the Anti-Terrorism / Operations Security Review (AT/OPSEC) Cover Sheet, the Contractor shall develop and maintain an overall training record for each employee. The record shall address the subjects listed below and indicate the date that the employee received the training. The contractor shall ensure currency of training for all employees. A copy of the training record shall be provided to the U.S. government upon request.

CDRL #8: Training Records

1.15.1 Anti-Terrorism (AT) Level I Training:

a. Within 60 calendar days after contract start date or 60 calendar days after employment of new personnel the Contractor’s employees, and all subcontractor employees, shall complete AT Level I Awareness Training, whichever applies. All contractor employees will complete this training annually. The Contractor shall maintain records of completion for each affected contractor employee and subcontractor employee, and provide such evidence to the COR or SCOR within 10 calendar days after employees complete training. AT Level I awareness training is available at https://jkodirect.jten.mil.

CDRL #9: AT Level I, OPSEC, iWatch Training Completion

b. If training cannot be conducted via the website, the Contractor shall coordinate with the COR who will coordinate certification training for the contractor’s trainer(s) to attend the Antiterrorism Officer’s Basic Course. Training will be provided at contractor expense. AT certified instructors shall provide AT training in the host nation language using training materials from the U.S. Government. Verification of the training shall be provided to the COR or SCOR within 10 calendar days after completion of the training. A classroom attendance roster, signed by the certified AT instructor shall serve as verification.

c. If the incumbent is not awarded this contract, and the new contractor opts to provide training in German, then the contractor shall have 120 days to create the AT training materials, and shall have a commensurate amount of time to provide the initial AT Level I training: the AT Level I training cannot be provided until instructors are certified, and they have compiled the training materials. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

1.15.2 OPSEC Training:

a. The contractor shall identify, in writing, an individual who will be the firm’s OPSEC Coordinator. The contractor will ensure this individual attends OPSEC Level II training per AR 530-1. Training will be provided at contractor expense. The Contractor shall coordinate with the COR who will coordinate for the OPSEC Coordinator to attend the OPSEC Level II course. The contractor shall develop an OPSEC Standing Operating Procedure (SOP) within 90 calendar days of contract award, to be reviewed and approved by the IMCOM-E OPSEC Officer, ATTN: IMEU-OPD, Unit 23103, APO AE 09136-3103 per AR 530-1, Operations Security. This SOP will include:

(1) The Contractor’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

(2) Sensitive, but unclassified, U.S. Government information which your employees will encounter during the course of their duties, and what the employees are to do to protect this information.

b. In accordance with AR 530-1, OPSEC, contractor employees including subcontractors, shall complete Level I OPSEC training, training within 60 calendar days of employment under this contract. 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.

CDRL #9: AT Level I, OPSEC, iWatch Training Completion

c. If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will coordinate certification training for the contractor’s trainer(s) to attend the OPSEC instructor course. Training will be provided at contractor expense. 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 or SCOR within 10 calendar days after completion of the training.

d. The contractor shall conduct all initial OPSEC training and submit its OPSEC SOP to the COR within 120 days of the start of transition.

CDRL #10: OPSEC SOP

1.15.3 iWATCH Training: The contractor 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 SCOR, local military police, or local military intelligence detachment. This training shall be completed within 60 calendar days after the contract is awarded or within 60 calendar days after new employees commence contract performance, with the results reported to the SCOR within 30 calendar days after the training is completed. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx CDRL #9: AT Level I, OPSEC, iWatch Training Completion

1.15.4 Information Assurance (IA) Training:

a. Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Information Assurance Training, within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp. All Contractor personnel and subcontractor personnel performing services under this contract with access to a Government information system shall be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Contractor personnel shall complete refresher training every twelve (12) months. Additionally personnel must annually sign an acceptable use policy (AUP).

CDRL #11: Information Assurance Training

b. The Contractor shall comply with all applicable DoD security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, Privacy Act data, and Government personnel work products that are obtained or generated in the performance of this contract. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.15.5 Physical Ability Test: The contractor shall administer an initial, and an annual physical ability test (PAT) IAW AR 190-56 to all persons performing security functions under this contract. Excluded from this test are the key personnel listed in paragraph 1.11 and those former local national employees of the U.S. Army that fall under paragraph 1.20. Tasks, conditions, and standards are in Attachment #1.

a. Initial physical ability test (PAT). A test administered, and successfully completed during the individual’s initial training period.

b. Annual physical ability test. A test administered and successfully completed at the individual’s work site. This annual test is conducted during the quarter which the contractor shall identify in their contract proposal to the U.S. Government.

1.15.5.1 Procedures:

a. During the initial training, the individual must successfully complete the PAT. Given the nature and timing of initial training, and the normal work cycle at any work site, the individual may arrive on site before, after, or concurrent to the time his/her work cohort takes the annual PAT. If an individual arrives at the work site within 45 calendar days of successfully completing the initial PAT, he/she shall be exempt from testing with his/her cohort until the next annual PAT. The intent is for the individual to complete the annual PAT with his/her work cohort within one year of joining that group. The individual shall provide the employer their physician’s statement BEFORE taking the PAT. This statement shall unequivocally state that this individual is cleared to take the PAT.

b. Generally a site will conduct the PAT within a given quarter, as the contractor designated to the USG. Given the nature of operations at any site/garrison, the contractor shall coordinate with the USG to schedule the actual date and time for these events.

In those instances where the operational necessity predicates a schedule change to accomplish the annual PAT outside the time which the contractor established for testing, the contractor shall coordinate with the SCOR, COR, and KO for approval to reschedule the event.

c. When an individual fails to successfully complete the annual PAT, the following procedures shall apply.

(1) The individual shall have two more attempts to pass the PAT. After each failed test, the individual shall be tested in all three events. IAW AR 190-56 the individual shall have 90 calendar days to successfully complete the two attempts.

(2) No individual shall be precluded from working under the provisions of this contract during these two attempts. If the individual fails to pass the third test, the contractor shall remove the individual from the contract. If the individual fails to complete the PAT within the allotted time, the contractor shall remove the individual from the contract.

(3) If the individual fails to successfully complete the PAT, in the time allotted, the contractor shall remove the individual from the contract.

d. In those instances where an individual is unable to take the PAT due to a temporary medical restriction as outlined in AR 190-56 Appendix D, the following procedures shall apply.

(1) The individual shall have 90 calendar days to pass the PAT after a physician clears him/her both to return to full duty and to take the PAT. Although there is no restriction on the number of attempts for the individual to pass the PAT, the contractor shall coordinate with the Site COR to schedule the PAT for the individual; scheduling the event will be based upon the operational requirements for the Site COR. If the individual fails to pass the PAT within the 90 days, the contractor shall remove the individual from the contract. There will be only ONE 90 day period during which the individual shall pass the PAT.

e. If a physician assesses an individual who has a permanent medical disability, to be able to perform both essential job functions and life functions (see AR 190-56 Appendix C), but must perform an alternate PAT event, then the following shall apply only for those individuals who have completed initial training to include the PAT. The alternate PAT event shall not apply for the initial entry PAT.

(1) The individual shall provide a physician’s statement which states that he/she can complete both the essential job functions and life functions. The statement shall also indicate that this individual is restricted from performing the 1 km run, but may complete the alternate event. The contractor shall provide the employee the required form for the physician to complete.

(2) The alternate event for the 1 km run will be a 3.2 km walk, which shall be completed in 32 minutes. The conditions and standards for this alternate event shall conform to those of the 1 km run, as stipulated in Attachment #1.

1.16 Removal of Contractor Employees The Contractor shall immediately remove employees from performing under this contract for the following reasons which impact safety and security on U.S. government property:

a. Deliberate falsification, misrepresentation or omission of significant facts or information on the application for employment, alien personal history statement, or any other employment documents produced or signed by the individual.

b. Criminal, infamous, dishonest, immoral, or disgraceful conduct, and any abuse of intoxicant or unlawful drugs.

c. Mental illness of a nature that causes a deficiency in the employee’s judgment or reliability which is confirmed by a licensed mental health provider.

d. Any behavior, activity, or association that tends to show that the employee is not reliable or trustworthy. This factor also applies to conduct in all previous employment.

e. Substandard performance of duty, to include not fulfilling training standards found in this PWS.

f. Violation of security and safety requirements.

g. Displaying a lack of respect or cooperation with US Government officials, or individuals entering/exiting installations, to include the Contracting Officer’s Representative (COR), or SCOR.

1.16.1 The Government reserves the right to immediately remove from working on U.S. government controlled property under the provisions of this contract any individual deemed unsuitable based on the criteria in paragraph 1.16. The determination on the type of action to be taken will be based on the seriousness of the incident and previous performance record of the employee. SCORs will submit removal requests to the COR in writing. For all offenses, the contractor will be given three work days to investigate the incident in question. The contractor shall suspend the individual in question immediately from working on this contract until the investigation is completed. If the facts are substantiated, the COR (or the ACOR in the CORs absence) (with Contracting Officer’s approval), or the Contracting Officer will issue a removal letter. A final decision must be made within three work days and the individual in question will either be removed or re-instated. Once a removal letter is issued it is final.

1.16.2 All contractor employees, who have been removed from working on any other U.S. Government contract, shall not be considered for employment on this contract, or be allowed to be employed in any position on this contract.

1.17 Mission Essential Contractor Services The contractor shall continue to perform mission essential functions under all circumstances IAW Defense Federal Acquisition Regulation Supplement (DFARS) 252.237-7023, unless otherwise directed. The following services are considered to be mission essential and shall continue to be performed during a crisis situation:

EDD Services (Para 5.1.2)

1.18 Required Permits and Licenses: The contractor shall be required to have the following licenses and permits, as required under HN law.

a. A permit under §34a GewO (German Trade Code) which is required for providing commercial security services in Germany. [Note: as of 1 December 2016, a proficiency examination is required for the permit under § 34a GewO. Existing permits are exempt from that increased requirement.]

b. Documentation of financial capability. / Nachweis der wirtschaftlichen Leistungsfähigkeit.

c. Disclosure from the Federal Central Criminal Register ("Good Conduct Certificate for Government Authorities").

d. Clearance certificate from the business tax office. / Steuerliche Unbedenklichkeitsbescheinigung des Betriebsstättenfinanzamtes.

e. Clearance certificate from the social insurance agencies. / Unbedenklichkeitsbescheinigung der Sozialversicherungsträger.

f. Proof of liability insurance in accordance with § 6 BewachV / Nachweis über den Abschluss einer Haftpflichtversicherung entsprechend § 6 Bewach..

g. A Company Firearm License (CFL -"Firmenwaffenschein") IAW § 28 WaffG (Weapons Law). [Note: because of the geographic dislocation of U.S. Army kasernes/installations in the belonging to any garrison, the contractor shall have the appropriate authorization to transport loaded firearms between installations. Additionally, for every guard carrying a firearm the necessary consent must have been obtained from the competent authority.

h. A permit under §11 (1) 6 TierSchG (Animal Protection Law) to commercially train security dogs for third parties, if the contractor has personnel who trains security dogs for use by other personnel or if the contractor operates dog training facilities.

i. Permits under § 7, 20 Sprengstoffgesetz (Explosives Law) for handling explosives in connection with the use of explosive detection dogs.

1.19 Drug Abuse Testing: As part of the conditions of employment under this contract, all personnel designated to work as EDD handlers shall be required to…