PWS_39th MCB Charter Bus.pdf

PERFORMANCE WORK STATEMENT (PWS)

CHARTERED BUS TRANSPORATION SERVICES (BUS SERVICES)

16TH SUSTAINMENT BRIGADE

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 Bus Transporation Services in support of movement within Czech Republic, Germany, and Poland. Transportation may include starting in one country, thru another country, and ending in another country. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract services provixers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2. Background: Bus transportation services are required to support the movement of hundreds of personnel in support of Task Force RIP personnel within Europe. Personnel need to be transported from numerous LSA’s to Airports as well as in and around those areas as specified in ELIN Sheet of this Performance Work Statement (PWS).

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 services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.

1.4. Objectives: The objective of this contract is to provide safe transport of personnel and luggage from specified locations IAW schedule at ELIN Sheet – Schedule of Bus Services to respective destinations.

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 (Deliverable 1).

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

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

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

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

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

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

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

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

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

1.5.1.1. An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within 30 days upon completion of each option period or Task Order (Deliverable 2).

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

(Deliverable 3).

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 not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, 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 Juneteeth June 19th Independence Day July 4th

Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

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

Czech Republic holidays are:

Restoration Day of the Independent Czech State, New Year’s Day January 1st Good Friday Day Varies Easter Monday Day Varies May Day May 1st Victory Day May 8th Saints Cyril and Methodius Day July 5th Jan Hus Day July 6th

Statehood Day September 28th Independent Czechoslovak State Day October 28th Struggle for Freedom and Democracy Day and International Students’ Day November 17th Christmas Eve December 24th

Second Day of Christmas December 26th

German national and local holidays are:

New Year’s Day January 1st Epiphany January 6th Good Friday Varies Easter Monday Varies Labour Day May 1st Ascension Day Varies Whit Monday Day Varies

Corpus Christ Day Varies Assumption Day August 15th Day of German Unity October 3rd All Saints’ Day November 1stt 1st Christmas December 25th 2nd Christmas December 26th

Poland holidays are:

New Year’s Day January 1st Epiphany January 6th Easter Sunday Day Varies Easter Monday Day Varies May Day May 1st Constitution Day May 3rd Pentecost Sunday Day Varies

Corpus Christi Day Varies Assumption Day August 15th All Saints’ Day November 1st Independence Day November 11th

Second Day of Christmas December 26th

1.5.4. Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1. Government Facility Office Hours: The Government facility office hours are Monday through Friday 0900 to 1600 except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Government shall make the Contracting Officer Repersenative available during any times a movement is scheduled.

1.5.4.2. Government Facility Operating Hours: The Government facility is not open for operations during the recognized U.S. Holidays identified in paragraph 1.6.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer Repersenative to the Contractor.

1.5.4.3. Contractor Support Hours: The Contractor shall provide support between the hours of 0900 to 1600, Monday through Friday. The Contractor shall be available at all times during any scheduled movements. 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.

1.5.4.3.1. Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). Contractor must address how they intend to address and meet increased operations tempo (e.g. Contractor’s need for overtime or extended work hours). If the need for overtime is anticipated, the Contractor must receive approval from the Contracting Officer at a minimum seven (7) calendar days prior to execution. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within 15 days after date of contract award (Deliverable 4}). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5. Training Holidays: USAREUR-AF has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary 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 throught Czech Republic, Germany, and Poland.

1.6. Security Requirements: The following information is provided on security related matters. To ensure the safety for all personnel transported on civilian contracted tendered buses, contractor will comply with additional spotting measures in place.

The term”spotting” refers to the inspection of buses by security personnel (21st TSC Security Advisor: Mr. Werner Blinn email:

werner.k.blinn.ln@mail.mil) prior to passengers boarding. Only for pick-ups from APODs within Germany, three (3) or more buses must be spotted 24 hours prior to passengers boarding the buses for transporation near the designated pick up locations for screening. Buses shall not stage at Nuremberg Airport 24 hours before the flight arrival, but stage at barracks in Roth for required spotting time. The COR will inform the designated location to the contractor upon receipt of the location from host nation. Exception is if the total number of passengers transported requiring only two bueses or less. Maximum passengers will be limited to one (1) passengers per seat.

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.

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

https://www.aepubs.eur.army.mil/AE-Regulations/?smdsearch8659=AE%20Regulation%20190-16.

The Contracto is responsible for being aware of and complying with the requirements associated with Installation Access Control (IAC) to Polish military bases. Contractor(s) shall contact Polish MOD to confirm access to the base prior to submitting a quote for this contact. The Government is not liable for any costs associated with performance delays due solely to a firms’ failure to comply with IAC processing requirements. Contractor personnel shall travel within the mentioned countries bases only to locations necessary to perform contracted duties. No authority to use base facilities or make purchases is included in this agreement. Contractors may be searched upon entry and departure of U.S. Military or Host Nation Military bases.

1.6.3.1. In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) days after contract award (Deliverable 5). The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 6).

The Contractor and Contractor personnel performing work under this contract shall be a Ministry of Defense (MOD) approved company in the country of operation, able to access military bases at time of submission of quote, and shall maintain the level of security required for the life of the contract. The Contractor shall have the MOD approved vendor ID Number to be awarded this contract. Contractor personnel perofmring work under this contract require access to Military installation and shall comply with the Local National Screening Program in the necessary access. Before access is authorized to any Military Site/Installation, the Contractor shall provide the following information to the COR a minimum of three (3) days prior to contract start date for all employees seeking access to the base. (Deliverable 7)

1. Last name, First Name

2. Passport or ID card number

3. Date of Birth (DOB)

4. Place of Birth (POB)

5. Company name

6. Purpose of access

7. Job position

8. Vehicle type and license plate number

9. Approved background check

1.6.3.2. The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within two (2) days (Deliverable 8).

1.6.3.3. Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within seven (7) days (Deliverable 9).

1.6.3.4. Common Access Cards (CAC): CAC not required for the performance of this contract. Contractor and all associated sub-contractors employees shall comply with adjudic ation standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screending 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 statue of forces agreements and other theater regulations.

DFARS 252.225-7043. The clause will be used in solictations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor persnnel to comply with theater clearance requirements and allows the combatant commanders to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task-force commander policy and directives.

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 (GERMANY) Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to accomplished by installation Provost Marhsal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identify verification requirements (FAR clause 52.204-9, Personal Identify Verification of Contractor Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

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 three (3) days} of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable 10). 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) day of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable 11). 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 youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than five (5) days after contract award (Deliverable 12). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within three (3) days of receipt, 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 (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5. Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

1.6.6. 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: Reserved.

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.

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: 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: Contract Manager/Alternate Program/Contract Manager and Transporation Driver} 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 Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) days after contract award. (Deliverable 13). 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 hours of 0900 to 1600, Monday through Friday. The Contractor shall be available at all times during any scheduled movements.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The CV provided by the Contract Manager and Alternate Contract Manager must have two (2) years of experience with management of transportation / movement of personnel and must be Level III English proficient IAW AEP 690-70 demonstrate successfully completion of nine (9) collegiate semester hours in English courses.

b. Transporation Driver: The driver must have two (2) years of experience operating and be licensed to operate commercial passanger vehicles and be Level II English proficient IAW AEP 690-70.

c. Special Qualifications: The Contractor and Contractor personnel performing work under this contract shall be a MOD approved company, able to access all counties listed in paragraph 1.1 military bases at time of submission of proposal, and shall maintain the level of security required by these countries MOD for the life of the contract. Contractor must possess current valid qualifications required to operate contracted equipment (bus / trailers / etc.) in countries listed in paragraph 1.1 roads. Contractor personnel who will be in contact with customers shall have English Language Proficiency Level II. English Language Proficiency Level II is considered to be the following:

i. Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective. Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social and professional topics.

ii. Reading: Able to read within a normal range of speed and with almost complete comprehension, a variety of material on unfamiliar subjects. Can comprehend a variety of styles and forms pertinent to professional needs. Rarely misinterprets text.

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.

1.11.1. Reserved.

1.11.2. Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). 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 ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes. {Deliverable 14}

1.12. Contractor Travel: Contractor travel and per diem is not seperately priced.

1.13. Other Direct Costs (ODCs): Reserved.

1.14. 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.

1.15. 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.

1.16. The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html 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.

1.17. Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than one (1) day (Deliverable 15) 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.

1.18. 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 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 16). 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: There is no requirement for a Phase In / Phase Out Period. The Contractor shall be responsible to ensure that services are available for full and complete execution on the first day of contract performance.

1.20. Safety: Contractor’s work environment(s) and labor shall meet all Occupational Safety and Health Administration (OSHA) requirements. For any work performed, the Contractor shall be responsible for all damages to persons or property that occur as a result of the contractor’s fault or negligence. The contractor shall also be responsible for all material needed and work performed until completion and acceptance of the entire work.

1.21. Host Nation Safety Laws and Regulations: The Contractor shall comply with all applicable Federal and local laws in the country they are working in.

1.22. Environmental Compliance: The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the.

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 five (5) days (Deliverable 17) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or within five (5) 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 18) 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) 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) days after completion of the training.

1.23.2. OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within five (5) days of employment under this contract. Verification of the training shall be provided to the COR within ten (10) days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (Deliverable 19).

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) days after completion of the training.

1.23.3. iWATCH Training: Reserved.

1.23.4. Information Assurance (IA) Training Reserved.

1.23.5. Personally Identifiable Information (PII): Reserved

1.24. Authorization to Perform Services in Germany:

1.24.1. 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.

1.24.2. 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.

1.24.3. By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and 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.

1.25. Notice to Proceed: Reserved.

1.26. Electromagnetic Compatibility Directive: Reserved.

1.27. Government Property and Services: Reserved.

1.28. Conventional Forces Europe (CFE) Treaty Verification Inspection: Reserved.

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 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 Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit USAREUR U.S. Army Europe UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: Reserved.

3.2 Facilities: Reserved.

3.3 Utilities: Reserved.

3.4 Equipment: Reserved.

3.5 Special Tooling and Test Equipment: Reserved.

3.6 Materials: Reserved.

3.7 Training: The Government will provide the following training: AT Level 1 Awareness and OPSEC.

3.8 Common Access Cards (CAC): Reserved.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1. General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services.

4.2. Secret Facility Clearance: Reserved.

4.3. Materials: Reserved.

4.4. Vehicles and Equipment: The Contractor shall provide all necessary vehicles (no GSA vehicles provided to Contractor for use on this contract) and equipment to perform the work described in this PWS. All Contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local and Host Nation traffic, safety, and environmental requirements. Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.

4.4.1. The Contractor shall provide buses and baggage trucks in good working order with no significant body damage that would hinder safe usage in order to meet operational, service, and maintenance requirements.

4.4.2. The Contractor is responsible for all licensing, registration, inspection fees, insurance, tolls, fuel, maintenance and any other costs associated with buses and baggage trucks.

4.4.3. The Contractor is responsible for servicing bus restrooms, to include proving cleaning and all necessary supplies.

4.5. Background Checks): The Contractor shall provide Background Checks in accordance with this PWS and as determined by the Government.

PART 5

SPECIFIC TASKS

5. Specific Tasks

5.1. Basic Services: The Contractor shall provide services for Chater Bus Transportation Services upon order of the ordering officer, COR, or KO to include drivers, fuel, luggage capacity to move personnel and their associated luggage. In the event the chartered bus does not have luggage racks or storage, a baggage truck or trailer may be required. Each bus should have sufficient seating for all passangers to have a seat.

5.1.1. Route…