Maintenance and Repair of Emergency Power and Power Generation Systems consisting of

Emergency Power System (EPS), Uninterruptible Power Supply (UPS) and Photovoltaic (PV) throughout USAG Wiesbaden

Table of Contents

1. GENERAL INFORMATION

1.1 Overview

1.1.1 Workload Requirement

1.1.2 Diagnosis and Analysis

1.2 Components

1.3 Work Management and Control

1.4 Quality Control Plan (QCP)

1.4.1 Analysis & Timeliness

1.4.2 Potential issues

1.5 Quality Assurance

1.6 Recognized Holidays

1.7 Holidays

1.7.1 US Holidays

1.7.2 Training Holidays

1.7.3 Host Nation Holidays

1.8 Operating Hours

1.8.1 Government Facility Office Hours

1.8.2 Government Facility Operating Hours

1.8.3 Contractor Support Hours

1.9 Place of Performance

1.10 Security Requirements

1.10.1 Installation Access

1.10.2 Background Checks

1.10.3 Physical Security

1.10.4 Operations Security (OPSEC) Requirements

1.11 Key Control

1.12 Post Award Conference/Periodic Progress Meetings

1.12.1 Meetings

1.13 Contracting Officer’s Representative (COR)

1.13 Key Personnel

1.13.1 Other Contractor Personnel Qualifications

1.14 Identification of Contractor Employees

1.14.1 Contractor Identification Badges

1.15 Data Rights

1.16 Non-Disclosure Requirements

1.17 Protection of Government and Contract Information

1.18 Non-Disclosure Statements

1.19 Organizational Conflict of Interest (OCI)

1.20 Phase In /Phase Out Period

1.21 Safety

1.22 Environmental Compliance:

1.22.1 Environmental Compliance Plan and Program

1.23 Required Training

1.23.1 Anti-Terrorism (AT) Level I Training

1.23.2 OPSEC Training

1.23.3 Suspicious Activity Reporting Program Training

1.23.4 Threat Awareness Reporting Program Training

1.23.5 Personally Identifiable Information (PII)

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany

1.24.2 Contractor employees

1.24.3 Compliance with this requirement and German law

1.25 Notice to Proceed

1.26 Electromagnetic Compatibility Directive

1.27 Contractor Furnished Property and Services

1.27.1 General

1.27.2 Secret Facility Clearance

1.27.3 Materials

1.27.4 Vehicles and Equipment

1.27.5 Background Checks

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection

1.29 Definitions and Acronyms

1.29.1 Definitions

1.29.2 Acronyms

2.0 DESCRIPTION OF SERVICES

2.1 Emergency Power Systems (EPS)

2.1.1 Preventive Maintenance EPS

2.1.2 On-demand repair service EPS

2.2 Uninterruptible Power Supply (UPS) Systems

2.2.1 Preventive Maintenance UPS

2.2.2 On-demand repair service UPS

2.3 Photovoltaic (PV)

2.3.1 Preventive Maintenance (PV)

2.3.2 On-demand repair service PV

2.3.3 Cleaning solar module

2.4 Functional Areas

2.5 Meetings, Conferences, and Briefings

2.6 Training

2.7 Service Contract Reporting

2.8 Manufacturer Manuals:

2.9 Inventorylist and Labeling:

2.10 Technical Logbooks:

2.11 Risk Assessment and Condition Analysis:

2.12 Maintenance Schedule

2.13 Maintenance Documentation

2.13.1 Maintenance Work Certificate

2.14 On–demand Repair Documentation

2.14.1 On-demand repair work certificate

2.15 Repair Parts

1. General Information

1.1 Overview.

The Contractor shall inspect, repair and maintain all existing Emergency Power Systems (EPS), Uninterruptable Power Systems (UPS) and Photovoltaic Systems (PV) equipment listed in Inventory List (Technical Exhibit 01, Inventory).

1.1.1 Workload Requirement.

The following paragraphs describe all facets involved in the management of maintenance; they in-clude terms used to classify work; provide information on the level of effort that will be required at USAG Wiesbaden in terms of workload and trade distributions; and describe the way in which work will be received, managed, and documented. The Contractor is responsible for the maintenance and repair of systems (TE 01, Inventory).

1.1.2 Diagnosis and Analysis.

The Contractor shall provide follow-up analysis and diagnosis of equipment failure as described be-low

1.1.2.1. Factors

The primary aim is to identify the factors that contributed to and/or resulted in the failure of mainte-nance, service, repair and/or operation of real property, infrastructure, and systems at USAG Wies-baden, and to identify and implement actions to prevent repeated future failure due to the same fail-ure reasons. The Contractor shall:

a. Provide a detailed description and explanation of the failure

b. Identify the root cause or causes of the problem

c. Provide possible actions and solutions to prevent future occurrences, an explanation of the pros and cons of these actions, a cost analysis of these actions, and the Contractor’s rec-ommended action

1.1.2.2 Analysis or Diagnosis

The Contractor shall provide additional analysis or diagnosis when:

a. Directed by the Contracting Officer (KO), Contracting Officer Representative (COR).

b. The Contractor or DPW determines it necessary due to unfavorable maintenance, repair, and

c. After catastrophic, unusual, or unforeseen events that result in adverse maintenance, repair, and service requirements

d. When notified of unsatisfactory performance by Garrison or other Regulatory Agencies

(Safety, Occupational Safety and Health Administration (OSHA), Industrial Hygiene, Direc-torate of Emergency Services (DES), etc.)

e. After any unplanned stoppage, outage, or failure of a power system or major power system component

1.2 Components

The Contractor shall perform Preventive maintenance (PM) and repairs. Components covered un-der this Common Level of Support include, but are not limited to, the following (TE# 4_Inven-torylist_EPSUPSPV)

PV EPS UPS

Solar Panels (Modules) Diesel Generator Batteries (various types: Lead-Acid, Lithium-Ion etc.)

Inverters Automatic Transfer Switch (ATS) Power Electronics (Rectifiers, Invert-ers)

Mounting Structure (Racking Sys-tem)

Control System (Controller, Monitor-ing System)

Control System (Controller, Monitor-ing Software)

DC Wiring & Connections Cooling System (Radiator, Fan, Coolant)

Bypass Switch (manual/automatic)

Protective Devices (DC Disconnects, Surge Protectors, Fuses)

Fuel Tank & Lines DC-Link Capacitors

String Monitoring System Exhaust System (Muffler, Exhaust Pipe)

Transformers

DC Combiner Boxes Engine Starting System (Battery, Starter)

Heat Sinks & Fans

Grounding System Generator Control Panel Enclosure & Wiring

Communication Interfaces (SNMP, Modbus)

1.3 RESERVED

1.4 Quality Control Plan (QCP)

The Contractor shall develop and maintain a QCP (Deliverable #1) to ensure services are per-formed in accordance with (IAW) this PWS. The Contractor shall develop and implement proce-dures 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 con-tract.

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 specifica-tions 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 1.11 Key Control).

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

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

h. A comprehensive maintenance and repair plan.

1.4.1 Analysis & Timeliness

An Analysis of Quality Control Plan and Timeliness of Submittals Plan (i.e. deliverables) shall be provided once within ten (10) days after contract award and no later than thirty (30) workdays prior to any anticipated changes and or upon completion of each option period or task order (Deliverable #1).

1.4.2 Potential issues

The Contractor shall inform the COR of issues or potential issues that might affect the performance within two (2) workdays of identifying those issues. Verbal reports shall be followed up by a written report to the COR within three (3) workdays after the issue, or potential issue(s) are identified. The Contractor shall be compliant with this deliverable 98% of the time (Deliverable #2).

1.5 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 Gov-ernment must do to ensure that the Contractor has performed in accordance with the performance standards specified herein. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates, and the acceptable quality levels (perfor-mance thresholds).

1.6 Recognized Holidays

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

1.7 Holidays

1.7.1 US Holidays

Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, re-spectively.

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

1.7.2 Training Holidays

USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accom-plished when such areas are vacant.

1.7.3 Host Nation Holidays

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

Neujahrstag New Year's Day Karfreitag Good Friday Ostersonntag Easter Sunday Ostermontag Easter Monday Tag der Arbeit Labour Day / May Day Christi Himmelfahrt Ascension Day Pfingstsonntag Whit Sunday / Pentecost Sunday Pfingstmontag Whit Monday / Pentecost Monday Fronleichnam Corpus Christi Tag der Deutschen Einheit Day of German Unity Heiligabend Christmas Eve

1. Weihnachtstag Christmas Day

2. Weihnachtstag Christmas Day

1.8 Operating Hours

The Government facility office hours, facility operating hours, and the Contractor support hour re-quirements often coincide, however, they may differ.

The Government facility office hours are:0715 to 1600 Monday through Friday except U.S. Holidays identified in paragraph 1.7.1 above or when the Government facility is closed due to local or na-tional emergencies, administrative closings, or similar Government directed facility closings.

1.8.1 Government Facility Office Hours

The Government facility office hours are specified in paragraph 1.8 above.1.8.2 Government Facility Operating Hours

The Government facility operating hours occur between the hours of 0715 to 1600, Monday through Friday. If Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately.

Work outside of the above times shall only be performed upon consultation with and confirmation from the COR.

1.8.3 Contractor Support Hours

The Contractor shall provide support between the hours of 0715 to 1600, Monday through Friday. If the Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately. The Contractor shall maintain an adequate workforce at all times for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.9 Place of Performance

The work to be performed under this contract will be performed at various locations and buildings within USAG Wiesbaden as specified in TE# 3_Location and Types of Facilities

1.10 Security Requirements

1.10.1 Installation Access

Access to U.S. installations, buildings and controlled areas is limited to personnel who meet secu-rity criteria and are authorized by Host Nation law to work in Germany. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying ac-cess to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any sub-contractors used in performance of this contract complies with these requirements and that all em-ployees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

The Contractor shall be aware of and comply with the requirements associated with Installation Ac-cess 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 re-quirements.

For the Installation Pass request (Deliverable #3a), the following documents must be forwarded to the COR no later than thirty (30) calendar days after the award:

1. The completely filled out form “Self Disclosure” (TE# 6.1_Self-disclosure), which must not be older than three (3) months.

2. The completely filled out form AEF190-16A (TE# 6.2_AEF190-16A), which must not be older than three (3) months.

3. The completely filled out form AEF 604-1B (TE# 6.3_AEF604-1B), which must not be older than three (3) months. (Please do not fill in or sign the signature and date digitally).

4. The certificate “Führungszeugnis” must not be older than one (1) year. (Persons from EU countries (only non-German citizens) require a “europäisches Führungszeugnis”)

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

1.10.1.1 Installation Pass Log

In addition, the Contractor shall provide the COR an Initial Installation Pass Log within three (3) cal-endar days after contract award. The log must at a minimum contain the following information: Em-ployee name, address, date and place of birth. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon re-quest by the Government and submitted to the COR within five (5) calendar days after any changes to the log (Deliverable #3b).

1.10.1.2 Individual Termination or Expiration of Employment

The Contractor shall collect the installation access passes the same day employment of an individ-ual has expired or has been terminated and shall return them to the issuing office within two (2) workdays (Deliverable #4).

1.10.1.3 Contract Termination or Cancellation

Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installa-tion access passes and return them to the issuing office within five (5) workdays (Deliverable #5).

1.10.2 Background Checks

The Contractor shall provide Background Checks (police good conduct; Polizeiliches Füh-rungszeugnis) in accordance with PWS 1.10.2 and as determined by the Government. Army in Eu-rope (AE) Regulation 604-1 ( TE# 6.3_AEF604-1), provides guidance pertaining to background checks for U.S. and Host Nation Contractors. The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installa-tion Provost Marshal Office, Director of Emergency Services, or Security Office, and residence per-mits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and local policy. The Contractor may have to complete additional security training to comply with the security standards of this contract. In addition to the changes otherwise authorized by the changes clause of this con-tract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes (Deliv-erable #6).

1.10.2.1 U.S. Citizen

The Requiring Activity Manager will determine the extent of background checks required. The Con-tractor employee may begin performance of the contract after receiving a favorable local back-ground check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The

Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable lo-cal or stateside background check, as determined by the Requiring Activity Manager. The Contrac-tor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within five (5) workdays of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within five (5) workdays of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termina-tion (Deliverable #6).

1.10.2.2 Local Nationals and Third Country Nationals

As a minimum prior to beginning performance, Contractors employing local national and third coun-try nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager current documents required for working on a US installation, no later than five (5) workdays after contract award. Forwarding correspondence from the Contractors shall identify the associated con-tract number (Deliverable #6).

1.10.3 Physical Security

The Contractor shall safeguard all Government equipment and information provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be se-cured IAW the Army Physical Security Program (AR 190-13).

1.10.4 Operations Security (OPSEC) Requirements

Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.11 Key Control

The Contractor shall establish and implement methods of making sure all keys issued to the Con-tractor by the Government are not lost or misplaced and are not used by unauthorized persons.

NOTE: All references to keys include key cards. No keys issued to the Contractor by the Govern-ment shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan (Deliverable #1). Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Con-tracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or du-plicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Govern-ment issued keys by any persons other than the Contractor’s employees. The Contractor shall pro-hibit 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 meth-ods 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 combina-tions no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.12 Post Award Conference/Periodic Progress Meetings

The Contractor shall attend any post award conference convened by the contracting activity or con-tract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.12.1 Meetings

The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meet-ings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government.

Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular work hours.

1.12.2 Contracting Officer’s Representative (COR)

Refer to Part 1.29 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limi-tations of the COR, especially with regard to changes in cost or price, estimates, or changes in de-livery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following func-tions: assure that the Contractor performs the technical requirements of the contract, perform in-spections necessary in connection with contract performance, maintain written and oral communi-cations with the Contractor concerning technical aspects of the contract, issue written interpreta-tions of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficien-cies, coordinate availability of Government property, and coordinate site entry of Contractor person-nel.

1.13 Key Personnel

The following personnel are considered key personnel by the Government: Contract Manager, Al-ternate Contract Manager and Quality Control Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate 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 Contracting Officer no later than five (5) workdays after contract award (Deliverable #7). The

Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0715-1600 Monday- Friday.

Qualifications for all key personnel are listed below:

a) Contract Manager and Alternate Contract Manager: Certified Engineer or Master (Ingenieur, Techniker oder Meister) in electronic or mechanical field with a minimum of three (3) years’ work experience in in a company that manages or supervises maintenance or repair con-tracts. Employee must be proficient in speaking and writing in both English and German lan-guages.

b) Quality Control (QC) Manager: Certified Engineer or Master (Ingenieur, Techniker oder Meis-ter) in electronic or mechanical field or with a minimum of three (3) years’ work experience in a company that carries out all QC measures to ensure quality performance. An employee that is fluent in German, but can speak and write in English is desirable, but not mandatory.

The Contractor shall be 100% compliant for this deliverable. Contract Manager and Quality Control Manager can be one person.

1.13.1 Other Contractor Personnel Qualifications

The Contractor shall provide certified, fully qualified and trained personnel for maintaining and re-pairing Emergency Power Generators, Uninterruptible Power Supply Systems and Photo voltaic systems. The Work Supervisor (Arbeitsverantwortlicher) shall have a minimum of three (3) years expe-rience performing the required services.Work supervisors (Arbeitsverantwortliche) shall have at a minimum one of the following diplomas:

a) Apprenticeship diploma electrical engineering (unaltered German version (“Gesellen-brief/Facharbeiterbrief Elektrotechnik”)

b) Apprenticeship diploma mechanical engineering (unaltered German version (“Gesellen-brief/Facharbeiterbrief Mechanik”)

c) Apprenticeship diploma mechatronic engineering (unaltered German version ("Gesellen-brief/Facharbeiterbrief Mechatronik"), and

Certificates of training to perform maintenance and repair on Emergency Power Generator, Uninterruptible Power Supply Systems and Photo voltaic systems located throughout USAG Wiesbaden (see TE# 4 – Inventorylist EPSUPSPV) shall provide within five (5) work-days after contract award to the COR (Deliverable #8). All certifications obtained abroad must be translated to German and certified by the Federal Ministry for Education (Bundes-ministerium fuer Bildung und Forschung) per www.anerkennung-in-deutschland.de.If an employee has similar or comparable apprenticeship and can cover the above-mentioned areas, this must be confirmed by an apprenticeship certificate.

NOTE: The Contractor shall designate and demonstrate at two employees per facility (EPS, UPS, and PV) with the corresponding experience and qualification as a Work Supervisor (Arbeitsverantwortlichen).

The contractor must fulfill this service 100%.

http://www.anerkennung-in-deutschland.de/

1.14 Identification of Contractor Employees

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify them-selves, to include proper marking of signature blocks in correspondence, to avoid creating an im-pression 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 Con-tractor products or that Contractor participation is appropriately disclosed.

1.14.1 Contractor Identification Badges

Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Iden-tification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the func-tional area of assignment, and a recent color photograph of the employee. Companies with U.S.

Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety con-siderations. The Contractor shall collect all ID Badges upon completion of the contract or termina-tion of employee. A listing of issued ID cards shall be furnished to the COR prior to the contract per-formance date and updated as needed to reflect Contractor personnel changes no later than five (5) workdays (Deliverable #9).

1.15 Data Rights

The Government has unlimited rights to all documents and materials produced under this contract.

All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer.

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

1.16 Non-Disclosure Requirements

Performance under this contract may require the Contractor to access data and information proprie-tary to a Government agency, another Government Contractor, or of such nature that its dissemina-tion or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Gov-ernment personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be con-trolled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 Protection of Government and Contract Information

Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any http://www.dimoc.mil/resources/limitations/ information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 RESERVED

1.19 Organizational Conflict of Interest (OCI)

Contractor and subcontractor personnel performing work under this contract may receive, have ac-cess 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 per-form evaluation services which may create a current or subsequent OCI as defined in FAR Subpart

9.5. The Contractor shall notify the Contracting Officer (KO) and COR immediately whenever it be-comes 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 (Deliverable #10).

The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. 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.

1.20 Phase In /Phase Out Period

Reserved

1.21 Safety

The following provides information pertaining to Safety and Accident Prevention. The Contractor shall be 100% compliant with the requirements of this section, to include zero safety violations that threaten life, limb, or property.

1.21.1. Safety Notification

The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the COR, no later than three (3) workdays after such notifica-tions were made (Deliverable #11).

1.22 Environmental Compliance:

The following provides information on Environmental Compliance. The Contractor shall be 100% compliant with the requirements of this section, to include zero violations that threaten life, limb, or property.

1.22.1 Environmental Compliance Plan and Program

The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesba-den's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Wiesbaden installations are conducted in accordance with the USAG Wiesbaden Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable Ger-man environmental laws/standards. If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/COR of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their con-tractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division. Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

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

Current Environmental Policy (Garrison policy Number 22) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf

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

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

1.23 Required Training

The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training

All Contractor employees, including subcontractor employees, who are employed under the con-tract, shall complete AT Level I Training within thirty (30) workdays after contract start date or effec-tive date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within three (3) workdays after completion of this training by all employees and subcontractor personnel. AT Level I aware-ness training is available at https://jkodirect.jten.mil.

Contractor personnel shall complete refresher training every twelve (12) months except AOR spe-cific 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 person-nel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within three (3) workdays after completion of the training (Deliverable #12).

http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf https://jkodirect.jten.mil/

1.23.2 OPSEC Training

Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty

(30) workdays after contract award and within thirty (30) days after employment of new personnel.

Verification of the training shall be provided to the COR within three (3) workdays after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearn-ing/GS130.html. Contractor personnel must complete refresher training every 12 months. Verifica-tion of the training shall be provided to the COR within three (3) work 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) workdays after completion of the training (Deliverable #13).

1.23.3 Suspicious Activity Reporting Program Training

The Contractor and all associated subcontractors will brief all employees on the local suspicious ac-tivity reporting program (training standards provided by the requiring activity ATO). This locally de-veloped training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within thirty (30) workdays after contract award and within thirty (30) workdays after after new employees commence contract performance, with the results reported to the COR within three (3) workdays after comple-tion of the training (Deliverable #14).

This training replaces the former iWATCH Program. Coordinate with the COR for current training requirements and guidelines.

1.23.4 Threat Awareness Reporting Program Training

The Contractor and all associated subcontractors, must receive annual Threat Awareness and Re-porting Program (TARP) training by an authorized trainer. The Contractor shall coordinate with the COR, who will contact the local trainer at their assigned location. Contractor personnel completing training will receive a certificate or the training attendance roster signed by authorized CI repre-sentative. This training will be completed within thirty (30) workdays after contract award and within thirty (30) workdays after after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) workdays after completion of the training (De-liverable #15).

1.23.5 RESERVED

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with Ger-man law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements.

Whether or not registration or authorization to do business is required, the Contractor shall deter-mine what documents or authorization its employees and any subcontractor employees must http://www.cdse.edu/catalog/elearning/GS130.html http://www.cdse.edu/catalog/elearning/GS130.html possess to work in Germany. The Contractor shall ensure affirmatively that its employees and sub-contractor employees possess such documents or authorizations.

1.24.2 Contractor employees

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

1.24.3 Compliance with this requirement and German law

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

1.25 Notice to Proceed

The effective date of contract will constitute the date of notice to proceed.

1.26 Electromagnetic Compatibility Directive

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

1.27 Contractor Furnished Property and Services

1.27.1 General

The Contractor shall furnish all supplies, equipment, facilities and services required to per-form work under this contract that are not listed under Section 3 of this PWS.

1.27.2 RESERVED

1.27.3 Materials

The Contractor shall furnish all materials required in accordance with pertinent German acci-dent and safety regulations to meet the requirements under this PWS. The Contractor shall be responsible for providing all personal protective equipment, office supplies and materials, such as paper, printer cartridges, and all other office supplies and materials needed to per-form this contract.

All parts and materials utilized for the services under this contract shall be factory new and original. Upon request of the COR, exchanged parts shall be handed over to the COR for verification. The Contractor shall dispose of all exchanged parts and when no longer needed at no additional costs. The Contractor shall provide a warranty of at least 12 months after the repair date or installation date for all work performed.

Contractor shall be 100% compliant with the requirements of this section.

1.27.4 Vehicles and Equipment

The Contractor shall provide all necessary vehicles, or other transportation (no Government-owned vehicles will be provided to the Contractor), and any other equipment necessary to per-form the work described in this PWS. All Contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local and Host Nation traffic, safety, and environmental require-ments. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to main-tain Contractor vehicles and equipment without prior written approval of the Contracting Officer.

The COR may inspect the Contractor’s vehicles and equipment at any time.

1.27.5 Background Checks

The Contractor shall provide Background Checks in accordance with this PWS and as de-termined by the Government. See Part 1 for details.

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will en-deavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government.

The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

1.29 Definitions and Acronyms

1.29.1 Definitions

Although not inclusive of every term used within this PWS, the following provides a list of defini-tions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individ-ual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated re-sponsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contract-ing Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assur-ance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired Property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance asso-ciated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modifica-tion. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for con-tinued use under the contract.

Government Property - means all property owned or leased by the Government.Government property includes both Government-furnishedand Contractor-acquired property. Government prop-erty includes material, equipment, special tooling, special test equipment, and real property.