Draft PWS_HW_Management_Services_EUROPE.docx

MATOC BASE PERFORMANCE WORK STATEMENT (PWS)

Hazardous Waste Management Services Europe (USAREUR-AF) 30 June 2026

Part 1 General Information

1. General:

This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees

1.1 Description of Services/Introduction:

This Base PWS establishes the general scope, framework, and overarching requirements for the provision of on-site hazardous waste management services (WMS) at United States Army Garrisons (USAGs) located throughout the European theater. The Government anticipates current and future participation by USAGs including, but not limited to:

· USAG Ansbach (Germany)

· USAG Bavaria (Germany)

· USAG Benelux (Belgium, The Netherlands, Germany)

· USAG Black Sea (Romania, Bulgaria)

· USAG Poland (Poland)

· USAG Rheinland-Pfalz (Germany)

· USAG Stuttgart (Germany)

· USAG Wiesbaden (Germany)

Governing Principle: This Base PWS describes the universe of services that may be ordered under the Multiple Award Task Order Contract (MATOC).

The detailed, site-specific requirements applicable to any individual Garrison shall be set forth in the corresponding individual Garrison Task Order PWS. In the event of any conflict between this Base PWS and a Task Order PWS, the Task Order PWS shall govern with respect to the specific requirements, quantities, locations, schedules, staffing, and pricing of that Task Order, except where the Base PWS or basic contract terms establish minimum mandatory standards that cannot be waived at the Task Order level.

Infectious, controlled, explosive, and radioactive wastes, or mixtures of such wastes with hazardous waste (HW), are not included under this MATOC.

For purposes of this PWS, "military installations" refers to installations operated directly by U.S. military forces or operated by the military forces of U.S. allied partners. "Installation Environmental Office (IEO)" refers to the organization on each installation responsible for environmental management, typically the Directorate of Public Works (DPW) Environmental Division.

All work shall be performed in accordance with the Final Governing Standards (FGS) for the respective Host Nation (e.g., Germany, Belgium, The Netherlands, Bulgaria, Romania, Poland), or the Overseas Environmental Baseline Guidance Document (OEBGD) where no FGS exists. Additionally, the Contractor shall perform work in accordance with Host Nation law; European Union (EU) and international environmental, safety, and health laws and regulations; international agreements governing the generation, storage, transportation, and disposal/recycling of dangerous goods; applicable Army Regulations; and industry standards that minimize risks to human health and the environment. These standards, laws, regulations, and agreements apply to the country of waste generation, treatment, and disposal, as well as any transit countries through which waste is transported. The Contractor shall comply with any changes or new requirements promulgated by the regulating bodies during the period of performance. The latest version of the OEBGD is available on the DoD Directives Website at http://www.esd.whs.mil/DD/.

1.2 Background:

Hazardous wastes are generated by military activities at U.S. Army Garrisons throughout Europe. On-site management of these wastes — including collection, characterization, separation, labeling, packaging, weighing, and transportation — has historically been provided by the Defense Logistics Agency (DLA) Disposition Services via contractor support. As DLA-provided WMS is discontinued and as the number of participating Garrisons increases, this MATOC provides a flexible, theater-wide vehicle through which individual Garrisons may order tailored hazardous waste management services via individual Task Orders.

1.3 Scope:

The Contractor shall provide non-personal service(s). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform hazardous waste management services as ordered under individual Task Orders, except for those items specified as Government-furnished in Part 3 of this Base PWS or the applicable Task Order PWS. The Contractor shall perform to the standards and acceptable quality levels identified in this Base PWS, the applicable Task Order PWS, and associated contract documents.

The general categories of services that may be ordered under this MATOC include, but are not limited to, those described in Part 5 (Specific Tasks) of this Base PWS.

1.4 Period of Performance:

This MATOC shall have an overall ordering period (runtime) of ten (10) years. Individual Task Orders may be issued at any time during the ordering period, and their periods of performance, ordering increments, and unit of measure (e.g., monthly, weekly, per-day) shall be defined within each Task Order PWS.

1.5 Objectives and General Information:

The general objective of this MATOC is to provide the complete services needed to operate hazardous waste management programs at the Hazardous Waste Accumulation Points (HWAPs) and Hazardous Waste Storage Areas (HWSAs) of participating Garrisons. The general scope of Contractor responsibility includes:

· Receipt of waste and maintenance of the HWSA waste log;

· Containerization, collection, transportation, weighing, segregation, inspection, packaging/over-packing, palletizing, labeling, and recordkeeping;

· Hazardous Waste transfer from HWAPs to HWSAs ("milk runs");

· Preparation and updating of required documentation (labels, hazardous waste profiles, turn-in forms, DD Form 1348-1A with Safety Data Sheets, DD Form 2890 declarations, HWSA waste logs, etc.);

· Receiving services; and

· Non-routine pumping, battery handling, and other ancillary services.

For sites in Germany, the Contractor must be fully capable of processing all documentation via the eANV (elektronisches Abfallnachweisverfahren) in accordance with the Nachweisverordnung (NachwV) and provide the corresponding Garrison access to all relevant digital records. Equivalent Host Nation electronic documentation requirements (e.g., Dutch PGS 15 administrative requirements) shall be addressed in the applicable Task Order PWS.

The Government may opt to initiate WMS at any Garrison; however, such services may or may not be ordered. The minimum guaranteed quantity is established at the basic MATOC level; no guarantee of work is made at any individual Garrison or Task Order level except as expressly stated in a Task Order.

1.5.1 Quality Control Plan (QCP):

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) work days after date of contract award (Deliverable A001).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) work days. If the Government has provided comments, the Contractor shall then have three (3) work days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) work days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including Department of Defense Contractor Personnel (DOCPER) Office processes/approvals throughout contract performance?

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

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

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

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

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty (30) work days upon completion of each option period or Task Order (Deliverable A002).

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within four (4) working hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) work days (Deliverable A003).

1.5.2 Quality Assurance:

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

Task Order-specific surveillance methods, frequencies, and Acceptable Quality Levels may supplement the QASP.

1.5.3 Recognized Holidays:

U.S. and Host Nation holidays applicable to performance are listed in the List of Holidays attachment to this Base PWS. Because participating Garrisons span multiple Host Nations (Germany, Belgium, The Netherlands, Bulgaria, Romania, Poland), the applicable Host Nation holiday schedule for each Task Order shall be specified in the Task Order PWS. Work shall not be performed on applicable national and local holidays unless directed by the Contracting Officer. The Contractor shall provide a list of variable local holidays prior to the beginning of each year.

Holidays Applicable to Cross-Border Performance. Where performance of a Task Order requires the transport of hazardous waste across one or more national borders (e.g., a milk run originating in The Netherlands and transiting Germany en route to a designated HWSA or disposal facility), the following shall apply:

a. Governing holiday schedule (work performance). The holiday schedule of the country of performance — i.e., the place where the waste is generated, collected, received, or delivered — governs whether on-installation services (receiving services, milk runs, HWAP/HWSA servicing) are performed on a given day. Garrison office and operating hours, and therefore Contractor access for these services, follow the Host Nation (and, where applicable, regional/state) holiday calendar of the installation being serviced, as specified in the applicable Task Order PWS.

b. Transit-country restrictions. Notwithstanding subparagraph (a), the Contractor remains fully responsible for complying with the traffic, road-use, and dangerous-goods transportation restrictions of every transit country, including national and regional holidays observed in those countries. This includes, but is not limited to, Sunday and public-holiday heavy-vehicle driving bans (e.g., the German Sonn- und Feiertagsfahrverbot under the Straßenverkehrs-Ordnung (StVO), and comparable bans or restrictions in other transit countries) and any seasonal or route-specific restrictions affecting the carriage of dangerous goods under ADR/RID. The Contractor shall plan and schedule cross-border transports so that no transport occurs in violation of a transit country's holiday or driving-ban restrictions, even where the country of performance is a normal working day.

c. Conflict resolution. Where a day is a normal working day in the country of performance but a transport restriction applies in a transit country (or vice versa), the more restrictive requirement shall govern the conduct of the transport. The Contractor shall not be entitled to additional compensation, nor shall the Government be liable for delay, arising from the Contractor's failure to account for transit-country holiday or driving-ban restrictions in its scheduling.

d. Notification. The Contractor shall notify the COR/IEO in advance of any anticipated schedule adjustment to a routine service (e.g., a milk run) that results from a transit-country holiday or driving ban, and shall propose an alternate performance date in accordance with the applicable Task Order PWS.

1.5.4 Operating Hours:

Government facility office hours, facility operating hours, and Contractor support hours are generally 0700–1700, Monday through Friday, except for applicable holidays.

The specific operating and support hours applicable to any Garrison shall be specified in the individual Task Order PWS (e.g., USAG Benelux sites typically operate 0800–1630). The Contractor shall maintain an adequate workforce for uninterrupted performance of all tasks defined within the individual Task Order PWS, taking into consideration leave times of Contractor personnel. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

NOTE: Garrison personnel will not be available to support the Contractor outside of official office hours.

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 or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.5 Place of Performance:

The non-personal services provided under this MATOC contract are to be performed at different sites belonging to various USAGs located throughout the European theater. The exact sites and places of performance will be defined in the corresponding individual Garrison Task Order PWS. Depending on the participating current and future Garrisons, places of performance may include, but are not limited to:

· USAG Ansbach

· USAG Bavaria, to include sites in Grafenwöhr, Hohenfels, Vilseck, and Garmisch

· USAG Benelux, to include sites in Germany (Dülmen APS), Beligum (Chievres, Brussels/Sterrebeek, Zutendaal), and The Netherlands (Brunssum, Eygelshoven)

· USAG Black Sea, to include sites in Romania (Mihail Kogălniceanu Air Base; MKAB) and Bulgaria (Novo Selo Training Area; NSTA)

· USAG Poland, to include sites in Poznan and Powidz

· USAG Rheinland-Pfalz, to include sites in Kaiserslautern, Baumholder, Mannheim, Germersheim)

· USAG Stuttgart

· USAG Wiesbaden

1.6 Security Requirements:

The following information is provided on security related matters.

1.6.1 Security Program: Reserved.

1.6.2 Personnel Security Clearance Requirements: Reserved.

1.6.3 Installation Access:

Access to U.S. installations and controlled areas is limited to personnel meeting security criteria and authorized by Host Nation law. The Contractor shall comply with the applicable installation access control regulation for the relevant country (e.g., AE Reg 190-16 and AE Reg 604-1 in Germany; DBIDS enrollment for USAG Benelux; and the applicable access control system for Black Sea and Poland sites).

Task Order PWSs shall identify installation-specific access, credentialing, and biometric enrollment requirements. The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for performance delays resulting from the Contractor's failure to comply with access processing requirements.

Specifically, individual Garrison Task Order PWSs may require to following deliverables in association with Garrison Access Restrictions:

· Initial Installation Pass Log — within three (3) work days after award (Deliverable A004a).

· Updated Installation Pass Log — within five (5) work days after any change (Deliverable A004b).

· Return of passes (employee separation) — collected same day; returned within three (3) work days, with written notice to COR (Deliverable A004c).

· Return of passes (contract termination) — within three (3) work days (Deliverable A004d).

1.6.4 Common Access Cards (CAC): Reserved.

1.6.5 Background Checks:

1.6.5.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within three (3) work days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable A005a). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within one (1) work day of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable A005b). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.5.2 Local Nationals and Third Country Nationals: The Contractor shall obtain background checks/certificates of good conduct as required by the applicable Host Nation and as determined by the Requiring Activity Manager:

· Germany: Polizeiliches Führungszeugnis

· The Netherlands: Verklaring omtrent het gedrag (VOG) (Ministry of Justice & Security)

· Belgium: extract from the criminal record

· Bulgaria, Romania, Poland: equivalent Host Nation certificate of good conduct Certificates shall be furnished no later than five (5) work days after award (Deliverable A006). Favorable U.S. citizen background checks shall be forwarded within three (3) work days (A005a); unfavorable within one (1) work day (A005b).

Specific country requirements shall be detailed in the Task Order PWS.

NOTE: Non-German (third-country) personnel will only receive a background check if they have been living in Germany for more than one (1) year. Similar requirements may exist for other Host Nations.

1.6.6 Physical Security:

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

1.6.7 Operations Security (OPSEC) Requirements:

Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control:

The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Quality Control Plan (Deliverable A001). Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference(s):

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

1.8.1 Periodic Progress Meetings:

The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours. The Contractor shall submit meeting minutes to the COR for review within ten (10) work days after the day of the meeting (Deliverable A007).

1.9 Contracting Officer’s Representative (COR):

Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel:

The following personnel are considered key personnel by the Government: Program/Contract Manager, Alternate Program/Contract Manager, On-site personnel working at the Garrison HWAPs and HWSAs. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) work days after contract award (Deliverable A008). Acceptance of the CV by the Contracting Officer is required before these individuals are permitted to perform any task on this contract. 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 0800 and 1700, Monday through Friday except for applicable Host Nation holidays (Germany, Belgium, Netherlands). Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager:

· Minimum 3 years (within past 5 years) as a Program Manager;

· Minimum 3 years in Hazardous Material Management (Environmental, Safety, Occupational Health);

· University degree (Diploma/Master) in Environmental Engineering or Environmental Sciences;

· Minimum 3 years working with Host Nation authorities and local/regional environmental requirements;

· Fluency in English (Level 3) and the relevant Host Nation language.

b. On-Site Technician / Specialist:

· Minimum 3 years in Hazardous Material Management;

· Minimum 3 years working with Host Nation authorities;

· Bilingual (English and predominant language of the country); English Level 2 for lead technician;

· Experience with European HW management/transportation regulations and ADR;

· Experience with regulated-waste consortiums (used oil, batteries, lamps) and customs/recycling regulations.

c. On-Site Hazardous Substance Personnel:

· Proficient in HW handling, labeling, weighing, storage, transportation, and turn-in;

· Knowledgeable in U.S. and Host Nation environmental policy, law, and standards;

· Working knowledge of applicable tracking databases (e.g., WEBCASS-HMID), ADR, and DLA Disposition Services procedures;

· TRGS 520 and other applicable TRGS classes (lead, asbestos, mineral wool) where required for performance in Germany and equivalent Host Nation training where applicable.

Garrison-specific staffing levels, crew sizes, language-level requirements, and required system trainings (e.g., WEBCASS-E/HMID, EMS, AER 200-1/AR 200-1, GFGS, NSUITE/eANV) shall be specified in the Task Order PWS.

The KO reserves the right to reject/accept personnel. All changes in personnel must be approved prior to implementing the change by the KO.

1.11 Identification of Contractor Employees:

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12 Contractor Identification Badges:

Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715).

1.13 Contractor Travel: Reserved.

1.14 Other Direct Costs (ODCs): Reserved.

1.15 Data Rights:

The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements:

Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination 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 Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.18 Non-Disclosure Statements:

The Contractor shall provide signed non-disclosure agreements to the Government no later than five (5) work days (Deliverable A009a) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 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 (Deliverable A009b). 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:

Phase-In/Phase-Out requirements, where applicable, shall be specified at the individual Task Order level.

1.21 Safety:

The Contractor must comply with all safety requirements and certifications that are required for the work being performed at respective U.S. Army Garrison sites under the tasks listed above.

1.21.1 Host Nation Safety Laws and Regulations:

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

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel (Deliverable A010). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

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

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

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

(v) Chemical-resistant gloves

(vi) Safety goggles

1.22 Environmental Compliance:

The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program:

The Contractor shall ensure all operations conform to the applicable Garrison's environmental policy, Spill Prevention and Response Plan, and Hazardous Waste Policy, as well as the applicable FGS/OEBGD and Host Nation environmental laws.

· The Contractor shall not treat HW on a military installation (treatment includes dilution, pH change, mechanical crushing/compacting). Bulking of like waste streams is not considered treatment.

· The Contractor is solely responsible for cleanup and proper disposal of all spills attributable to its operations, at no additional cost to the Government (see 5.3.8).

· Spills shall be reported immediately by telephone to the COR, IEO, and Garrison Fire Department, followed by a written spill report within 24 hours (Deliverable A015).

Garrison-specific Fire Department contact numbers, Spill Notification Procedures, site-specific spill contingency plans, and Environmental/HW Management Plans shall be provided in or referenced by the Task Order PWS.

1.22.2 Spill Responsibility:

The Contractor and/or Subcontractor shall have a serviceable, compatible, and operable spill kit(s) on-site to capture and contain a spill or release. The Contractor is solely responsible for cleanup and proper disposal of all spills or leaks during the performance of this contract that occur because of, or are attributed to, the actions of its agents, employees, or Subcontractors to the satisfaction of the U.S. Government and at no additional cost to the U.S. Government. The Contractor shall clean up spills and releases to the satisfaction of the COR and IEO to ensure compliance with all applicable laws and regulations. Contractor shall dispose of all spill residues and debris at no additional cost to the U.S. Government and must be removed off-site within 72-hours of the cleanup. The Contractor shall prepare a separate manifest for the spill cleanup removals and provide completed copies of the manifests to the COR and IEO.

The Contractor shall maintain current spill response and contingency plans that adequately address hazards, meet regulatory requirements and are technically valid for all operations associated with the handling, loading, transportation, treatment, and disposal of waste under this contract. This plan must be used in conjunction with the Installation Spill Notification Procedures. At certain HW locations on military installations, such as Hazardous Waste Storage Areas, site-specific spill contingency plans may already exist. The Contractor shall comply with the requirements of existing site-specific spill contingency plans and shall contact the COR and IEO for site-specific spill contingency plans.

The Contractor shall immediately notify via telephone the COR and IEO of any spills or releases resulting from the performance of this contract. For spills or releases occurring on U.S. Government controlled property, the Contractor shall follow installation spill notification procedures. For spills or releases occurring off U.S. Government controlled property, the Contractor shall follow host-nation spill notification procedures. Regardless of whether the spill occurs on or off U.S. Government controlled property, the Contractor shall provide a written report to the COR and IEO no later than 24 hours after the spill or release (Deliverable A015).

At a minimum, the immediate notification via telephone to the COR, and IEO must include:

· Description of material spilled (including identity and estimated quantity)

· Date, time, and location of spill

· Anticipated cleanup and disposal procedures

At a minimum, the written report to the COR and IEO must include:

· Description of material spilled (including identity, quantity, manifest number, etc.

· Exact date, time, and location of spill including type of area contaminated (e.g., cement, soil, floor, drain, etc.)

· Persons present at the time of the spill

· Photographs of the spill (if allowed to take photographs at spill location)

· Cleanup and disposal procedures completed, and the time/date performed

· Disposal location of spill residues and debris

· Outside assistance obtained (if any)

· Personal injury involved

· Names and telephone numbers of all U.S. Government officials contacted (for all spills) and Host Nation officials contacted (if any, for spills off U.S. Government controlled property)

1.22.3 Treatment of Hazardous Waste on Military Installations:

The Contractor shall NOT undertake treatment of HW on a military installation. Treatment includes, but is not limited to, the dilution of waste to make it less harmful, chemically changing the pH, and mechanically crushing/compacting waste (including metal or plastic containers and fluorescent lamps). Bulking of waste (i.e., combining the same waste stream from several small containers into a larger container) is not considered treatment.

1.23 Required Training:

The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training:

All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) calendar days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable A011) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within ten (10) work days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) work days after completion of the training (Deliverable A011).

1.23.2 OPSEC Training:

All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calender days of employment under this contract. Verification of the training shall be provided to the COR within five (5) work days after completion of the training (Deliverable A012). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within five (5) work days after completion of the training (Deliverable A012).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within five (5) work days after completion of the training (Deliverable A012).

1.23.3 iWATCH Training:

The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within ten (10) work days after the contract is awarded and within fifteen (15) work days after new employees commence contract performance, with the results reported to the COR. Verification of the training shall be provided to the COR within five (5) work days after completion of the training (Deliverable A013). Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.23.4 Information Assurance (IA) Training: Reserved

1.23.5 Personally Identifiable Information (PII): Reserved.

1.24 Authorization to Perform Services in Europe

1.24.1 Contractors performing services in the relevant country (Germany, Belgium, The Netherlands, Bulgaria, Romania, Poland) shall comply with all applicable Host Nation laws. The Contractor shall determine whether performance requires registration with the corresponding Host Nation authorities or authorization to do business in the corresponding Host Nation and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in relevant country. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of the European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

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

1.25 Notice to Proceed: The notice to proceed letter will be issued to the Contractor.

1.26 Electromagnetic Compatibility Directive: Reserved.

1.27 Government Property and Services:

Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the COR within fifteen (15) work days after date of contract award (Deliverable A014).

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection:

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

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions

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

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

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

Contractor – The prime contractor awarded a contract/task order under this MATOC, including its employees and subcontractors.

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

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

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

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

Government-furnished property - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property - means all property owned or leased by the…