PWS 20R3003.pdf

PERFORMANCE WORK STATEMENT (PWS)

for

Custodial Services USAG Tower Barracks and Rose Barracks

Requirements Contract

W912PB20R3003

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 is a non-personal service(s) contract to provide custodial services at Grafenwoehr Tower Barracks, Vilseck Rose Barracks, and Eschenbach/Netzaberg, for admin buildings, Child Development Centers (CDCs), fitness centers, training units, and final cleaning of unit buildings after renovation.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The Department of Public Works (DPW) Grafenwoehr and Vilseck is responsible to provide custodial services for approximately 260 each buildings on a regular basis, basic cleaning service after in-house renovation, and approximately 95 each buildings up on request for American Units and all NATO members when they come for training, on a reimbursement base. After receiving funding from units, a task order will be placed for services.

1.3 Scope: The Contractor shall provide non-personal service(s), custodial services for administrative areas, fitness centers, CDC centers, and training units and final cleaning of unit buildings after renovation. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents. The Contractor must clean up the area at the completion of the specific task, or at the close of each contractor workday, whichever applies, and dispose of all waste into the trash containers outside of the respective buildings. However, hazardous waste (specific paragraph in this Section), generated in the performance of this contract, must be disposed of in compliance with Government, Federal, State, and Local Regulations of the Federal Republic of Germany

1.4 Objectives: This Performance Work Statement (PWS) specifies custodial work to be performed. All custodial services are to be maintained in accordance with this PWS. Performance shall be according to the standards specified herein. Contractor shall perform custodial services at the aforementioned required locations in order to maintain satisfactory cleanliness of the facilities in an effort to present a clean, neat, and professional appearance of each. The Contractor shall accomplish all custodial tasks and be required to provide other services identified in attached Appendices in order to meet the requirements of this PWS. All work performed by the Contractor shall be performed in accordance with all applicable Host Nation laws and regulations.

1.5 General Information

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) days after date of contract award.

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) business days after contract award. If the Government has provided comments, the Contractor shall then have ten (10) business days to submit a Final QCP. After receipt of the Final QCP, the Contractor shall receive the Contracting Officer’s acceptance in writing which may be submitted through the COR. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) business days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc.

timelines, deadlines, and goals)?

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

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including

DOCPER processes/approvals throughout contract performance?

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

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

Materials?

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

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

5 years?

1.5.1.1 Reserved

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within three (3) business days of identifying those issues. Verbal reports shall be followed up by written reports within three

(3) business days.

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).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS.

If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays at Fitness Centers, cleaning for training units, and cleaning for special events. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

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 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

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays at Fitness Centers and services for training units, and for cleaning for special events, occurring during the normal workweek and on weekends.. The Contractor is responsible to remain informed of local Host Nation Holidays of the Area/Country the work will be performed. Note: No services need to be performed on 25 December and 01 January.

1.5.4 Operating Hours: The contractor is responsible for conducting business for regular services at admin areas, between the hours of 0730 hrs until 1600 hrs, Monday thru Friday, except Federal holidays, when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce at all times for the uninterrupted performance of all tasks defined within this PWS when the Government facilities are open for use. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Services for other than regular services at admin areas as shown below:

Working hours are as follows:

1.5.4.1 Services at Admin Areas:

(a) Regular Services: Monday through Friday: 0730 hrs to 1600 hrs

(b) Cleaning for special events: Monday through Sunday 0900 hrs to 2400 hrs, also on holidays.

Contractor shall not perform services during lunch period (from 1200 to 1300 hrs) to avoid disturbance of lunch break time, except in special locations, such as classrooms. In addition, if a request shall be submitted by a building user for other working hours as specified above with the same total amount of hours, and the Contractor accepts it without additional cost to the Government, then a written document will be signed by the Contractor and KO.

Note: No regular services are required on German and American holidays at 5W services (five services per week).

However, three (3) times a week, weekly and monthly services must be performed either the workday before or on the next following workday of a holiday. Services for training units, restrooms daily also on weekends, must be performed also on German and American Holidays.

1.5.4.2 Services at CDC/SAC/YC Facilities:

(a) Regular Services.

CDC/SAC Bldg. # 260, # 9010, # 2234, # 2237: Monday thru Friday, also on German holidays: 1800 hrs to 2200 hrs YC Bldg. # 9080 and # 1706: Monday thru Saturday, also on German holidays: 1800 hrs to 2400 hrs

(b) Special Services for lunch program.

CDC Bldg. # 260, # 9010, # 2234: Monday thru Friday, also on German holidays: 1100 hrs to 1400 hrs

(c) Cleaning/shampooing of area rugs: Saturday 0800 hrs to 1600 hrs

(d) Monthly high dusting: Saturday 0800 hrs to 1600 hrs

1.5.4.3 Services at Fitness Centers:

(a) Regular Services, Bldg. # 170, # 547, # 616, # 323: Monday through Sunday, also on German and American holidays: 2100 hrs to 2400 hrs

(b) Restroom Services: Monday through Sunday, also on German and American holidays: 2100 hrs to 2400 hrs, and 0900 to 1000 hrs.

Note: Through changes of operation hours at CDC/SAC/YC Facilities and Fitness Centers, the hours of services may be changed. However, no later than 2400 hrs at CDC/SAS/ Facilities or Fitness Centers.

1.5.4.4 Services for Training Units, and Cleaning after Renovation:

(a) Regular and basic cleaning for training, Monday through Sunday, also on holidays: 0600 hrs to 2200 hrs.

(b) Basic cleaning services after renovation of buildings, Monday through Saturday: 0730 hrs to 1800 hrs.

1.5.4.5 Government Facility Office Hours: The Government facility office hours are 0730 to 1600 Monday through Friday, except German and U.S. Holidays identified in paragraph 1.5.3.1/2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.6 Contractor Support Hours: The Contractor shall provide support between the hours of 0730 through 1600hrs for regular services, Monday through Friday, except closing during local or national emergencies, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.7 Contractor Work Plan: The Contactor shall establish a work plan for each individual task order , which includes all required tasks for each building. Schedules shall be posted in each building at the task order start date (e.g. inside authorized storage areas, restrooms, etc.). The cleaning personnel shall sign in/out by time for each individual services (restroom or admin/operations buildings). When signatures are missing, a cleaning maybe counted as a defect. Daily deviations of the work schedule shall be reported to the COR in the morning NLT 0830hrs, otherwise a defect may be counted when services are not performed prior to the work schedule. The Contractor shall provide the COR the work schedule NLT one (1) work day prior to the beginning of the task order.

Any changes made to the schedule shall be submitted to the COR within one (1) work day. These work schedules must be established as a list by buildings, start and ending time of each type of service performance in sequence.

If required by the COR the contractor has to collect all sign-in sheets of all buildings and send it to the COR on a monthly base.

1.5.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. Training holidays are often 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.

1.5.6 Place of Performance: The work to be performed under this contract will be performed in Grafenwoehr Main Post and Field Camps, Vilseck Main Post, Netzaberg, and one facility at Eschenbach.

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

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

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

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or at OCONUS locations, in accordance with status of forces agreements and other theater regulations

1.6.3.4 Common Access Cards (CAC): Reserved

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors

1.6.4.1 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 five business days 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 business days 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 termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youth under 18 years of age are subject to background checks as determined by the activity manager. As a minimum prior to beginning performance, local national and third country national Contractors shall furnish the activity manager a “Polizeiliches Fuehrungszeugnis” issued within the previous four (4) months no later than five (5) calendar days prior to beginning performance. Forwarding correspondence from the Contractor shall identify the associated contract number. The activity manager will determine the favorability of the “Polizeiliches

Fuehrungszeugnis.” The activity manager shall forward a copy to the Contracting Officer of each favorable “Polizeiliches Fuehrungszeugnis” within five (5) calendar days of receipt by the activity manager, identifying such with the appropriate contract number. Activity managers shall forward a copy of unfavorable “Polizeiliches Fuehrungszeugnis” within five (5) calendar days of receipt by the activity manager, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (above).

1.6.5 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).

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

1.7 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 individuals. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan. 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 individuals other than the Contractor’s employees.

The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of anyone other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the QCP.

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

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): 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: ensure that the Contractor performs the technical requirements of the contract, perform inspections (as 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: Contract Manager / Alternate Contract Manager, and a Project Manager (local supervisor).

a. Contract Manager and Alternate Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name, title, email address as well as the office-, and mobile-phone numbers of this person, as well as an alternate (who shall act for the contractor when the manager is absent), shall be designated in writing to the COR either at the Post Award conference or within ten (10) calendar days prior contract start. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. Contractor shall provide a list of contractor employees, subcontractors, subcontractor employees, and vehicles for identification (name, passport number, age, and vehicle license number) within ten (10) calendar days prior contract start. The contract manager or alternate shall be available between 0730 – 1600hrs, Monday thru Friday. Qualifications for all key personnel are listed below: Key Personnel shall be able to read, write, and speak German, but must also meet the stipulated English proficiency level No. III in reading, speaking, and writing (reference AE Pamphlet 690-70), Appendix H.

b. Project Manager (local Supervisor). The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Project Manager, be on the job site within one (1) hour after notification by the COR, Monday through Friday from 0730 to 1600hrs, during the length of individual task orders.

The project manager shall not participate in the daily cleaning services. Project Manager shall instruct and supervise their cleaning personnel and also to perform QC-inspections (partially together with COR/QAE), if necessary. All joint inspections must be signed by both the Government’s and the Contractor’s authorized representatives.

c. Key Personnel Qualifications: The Project Manager and Contract Manager(s) shall meet the stipulated English proficiency level No. III, in reading, speaking, and writing (reference AE Pamphlet 690-70), Appendix H.

However, if any of the Contractor’s “Agents” is/are not able to meet the language standards, they are allowed to have a “translator” assisting them to fulfill these requirements. In this case, that translator must be present at all times that the “Agent” is at the project site and also when meetings with Government personnel take place.

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). For services performed at Child, Youth, and School Services with children present, personnel are to wear identification to distinguish themselves as contractors. “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 functional 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 considerations. The Contractor shall collect all identification badges upon completion of the contract or termination of employee.

1.12.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance after contract award. Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4

1.13 Contractor Special Qualifications:

The contractor must be International Standards Organization (ISO) 9001:2015 certified. The contractor shall provide the certificate with the proposal to the KO.

The contractor must employ a “Gebäudereinigung - Meister” (Master of Custodial Services) throughout the period of performance of the contract. The contractor shall provide the certificate to demonstrate the “Gebäudereinigung - Meister” is on staff at time of proposal submission.

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: Reserved

1.17 Non-Disclosure Statements: Reserved

1.18 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 organizational conflict of interest (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s 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.

1.19 Phase In /Phase Out Period: RESERVED

1.20 Safety: The following provides information pertaining to Safety and Accident Prevention: The Contractor, any Sub-Contractor(s), as well as any other performing personnel, shall accomplish services in accordance with the applicable regulation for the individual job performed, manufacturer guidelines, and ordinances in their effective latest version.

1.20.1 Host Nation Safety Laws and Regulations: RESERVED

1.21 Environmental Compliance: The Contractor shall ensure that all systems covered under this contract operate IAW local, State, Federal and Department of Army air and water pollution control requirements. If handling petroleum, oil, lubricant (POL) or other environmental sensitive products, the contractor shall prevent any spills. In case of a spill, the contractor shall provide cleanup in cooperation with the Community Spill Coordinator and the local fire department. The contractor shall notify the COR within one (1) hour upon spilling of hazardous materials. The contractor shall be responsible for the prompt and proper cleanup and disposal of hazardous materials spills.

The following provides information on Environmental Compliance.

1.21.1 Environmental Compliance Plan and Program: Spill reporting procedures shall be followed IAW like the actual guidance within USAG Bavaria.

a. Applicability: These procedures shall be followed in the event of a spill of hazardous substances caused by vehicles or equipment of contractors working within USAG Bavaria

b. Hazards for humans and environment:

- Release of hazardous substances (usually POL products) during accidents;

- Release of hazardous substances (usually POL products) caused by equipment failure;

- Release of hazardous substances during transportation of hazardous substances/waste (not class 1, explosives)

c. Protective Measures and Procedures: The following requirements are to be met to operate a vehicle within USAG Bavaria

- Valid driving license appropriate for the vehicle

- Valid hazardous cargo driving license for the transportation of hazardous material / hazardous waste

- Follow the regulations of the Road Traffic Legislation:

o Road Traffic Law (StVG) o Motor Vehicle Traffic Regulations (StVO) o Federal Motor Vehicle Safety Standards (StVZO) o European Treaty concerning the international transport of hazardous material (ADR)

- Securing of cargo according to VDI 2700 and ADR

- Provision of spill equipment (e.g. absorbent, absorbent pads etc.)

d. Procedures shall be followed in the event of failures or hazardous situations:

- Immediately notify the local US Fire Department, telephone 09641 – 83 – 8303 if hazardous substances (as well as hazardous waste) or operational substances (diesel, hydraulic fluid etc.) are released due to failure of vehicles or construction equipment.

- In addition, notify the German Police if quantities released exceed eight (8) gallons (30 liters) or 110 lbs (50 kg)

- The contractor shall take immediate protective measures.

- The necessary spill cleanup shall be performed by the contractor or their subcontractors.

e. Emergency Procedures – First Aid:

- Secure accident site

- Inform Local Fire Department and Emergency First Responder

- Take care of injured individuals

f. Refueling, Maintenance, Disposal:

- During refueling of construction vehicles / equipment appropriate precautions shall be taken to prevent damage of the environment.

- Maintenance of vehicles and equipment is approved on paved surfaces only (concrete, asphalt).

- Disposal of hazardous operating fluids or contaminated soil caused by accidents or contractor’s vehicles / equipment shall be performed by the contractor. The COR shall be provided with proof of proper disposal.

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

1.22.1 Anti-Terrorism (AT) Level I Training: Reserved

1.22.2 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 ten (10) calender days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training on an annual basis.

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 ten (10) calender days after completion of the training.

1.22.3 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 thirty (30) calender days after the contract is awarded and within thirty (30) calender 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 thirty (30) calender das after completion of the training. Training slides can be found on the Army OneSource we site:

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

1.22.4 Information Assurance (IA) Training Reserved

1.22.5 Personally Identifiable Information (PII): Reserved

1.23 Authorization to Perform Services in Germany

1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law.

The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

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

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement.

Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2004/108/EC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, 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 product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.26 Government Property and Services: RESERVED

1.27 Conventional Forces Europe (CFE) Treaty Verification Inspection: RESERVED

1.28 Immunizations: All Contractor employees assigned to the CDC, SAS and/or Youth Center, who provide services during the operation hours cleaning team members working when children/youth are in the building of the facilities (lunch-service-employees) shall be free of communicable diseases to include tuberculosis, prior to entering either facility. All above mentioned contract employees must have the following immunizations required by AR 40- 562, Immunizations and Chemoprophylaxis, prior to an employee being allowed to work. The Contractor shall be responsible for providing certification that all of their employees meet the above conditions. Payment for any required immunizations will be incurred at the Contractor’s expense.

Note: This applies only to employees, who provide services during the normal operation hours of the facilities:

cleaning team members working when children/youth are in the building (lunch-service-employees)

Mumps, Measles Rubella Tetanus Diphtheria Polio Hepatitis B Varicella Tuberculosis Skin Test

The Contractor shall provide a Contractor Performance Roster List (CPRL) of all employees proposed to work in CDC, SAS, and/or YC with employee name and position. In the event that an employee is replaced, even temporarily, the replacement shall meet all requirements prior to beginning work. Failure to fulfill these requirements, in sufficient time to replace an employee, will not relieve the Contractor of their responsibilities under this contract. Failure to provide these statements will prohibit Contractor employee(s) entrance into the CDC and/or YC. It shall be the Contractor’s responsibility to update the CPRL as necessary. Contractor employees shall submit a negative test report from the Health Department or their doctor and current immunization records to the COR five

(5) calendar days prior to contract start.

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 – 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 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 Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel;

to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CDC Child Development Center CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf

DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA…