PWS Draft PAN40923P0000002309.pdf

DRAFT

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Refuse Disposal within Baumholder Military Community

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide for the disposal of trash/recycling for the Baumholder Military Community, USAG Rheinland-Pfalz. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background All waste from residential and administrative facilities must be left to the public waste disposal system. Host Nation law requires that all residents of Germany properly dispose of their refuse by recycling as much as possible.

1.3 Scope: The Contractor shall provide non-personal services, perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS.

The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and municipal laws, regulations, standards, provisions, and directives to include applicable publications. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS. The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period.

The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO). See also Paragraph 1.1 Introduction.

1.4 Objectives: Disposal of refuse and its removal and/or recycling within the timeframes established in this PWS to ensure conformance with Host Nation Law.

1.4.1 Period of Performance: The period of Performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods. The Periods Performance reads as follows:

Phase in Period: 01 December 2023 to 31 December 2023 Base Period: 01 January 2024 to 31 December 2024 Option Period one: 01 January 2025 to 31 December 2025 Option Period two: 01 January 2026 to 31 December 2026 Option Period three: 01 January 2027 to 31 December 2027 Option Period four: 01 January 2028 to 31 December 2028

1.5 General Information

1.5.1 Quality Control Plan (QCP): Due to the nature of the contract, the Contractor is not required to develop and maintain a QCP.

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).

409th CSB Ver 6 20200319

1.6.2.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance within two (2) hours of identifying those issues. Verbal reports will be followed up by written reports within five (5) calendar days.

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

Juneteenth Day 19th June 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.

New Year’s Day January 1st Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies Day of German Unity October 3rd All Saints’ Day November 1st 1st Christmas December 25th 2nd 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 0730 to 1600 Monday through Friday 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.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0600 to 1800, Monday through Saturday. The Government facility is closed for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 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 to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 and 1700 from Monday through Friday. 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.

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

1.5.5 Place of Performance: The work to be performed under this contract will be performed at various locations inside and outside Baumholder Military Community. Only location inside the US Army installation will be the DPW Waste Sort Center located in Smith Barracks, Bldg.# 8468. All other locations will be outside, e.g.

contractor’s transfer station, incinerator or any kind of disposal site that is possible per HN regulation/laws.

1.5.6 Type of Contract: The Government will award a Firm Fixed Price Non-Personal Service Contract

1.5.7 Quantity Changes: The Contractor shall accept that the annually estimated contracted trash amount may be adjusted by the Contracting Officer if it is determined that the amount for the Option Year deviates from the estimate. The contractual trash amounts of different sorts and with that the total FFP amount may be decreased or increased in the required amounts by a maximum of 10% of the total amount from the year in question. This adjustment will be done within the 3rd quarter of the Option year. The following Option Year will start with the quantities specified and agreed FFP of the contract.

1.5.8 Post Award Conference/Periodic Meeting: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with the Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the contracting officer will apprise the contractor of how the Government views the contractor’s performance and the contractor will 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.

1.5.9 The Contractor shall attend, participate in, and furnish input to schedule 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.

1.5.10 Special Qualifications: Work shall be carried out by specialized firms. The contractor shall possess a valid Entsorgungs-Fachbetrieb (EFB) certificationaccording to Host Nation Law (§ 56 Kreislaufwirtschaftsgesetze).

Proof of recognition and certification shall be provided at the time of offer submission. (A002).

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 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:

http://www.aepubs.eur.army.mil/AE-Forms/

1.6.1.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award (A.003). 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 (A.003).

1.6.1.2 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 three (3) workdays. (A.003).

http://www.aepubs.eur.army.mil/AE-Forms/

1.6.1.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) workdays. (A.003).

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

1.6.1.5 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 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.

1.8 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager/Alternate Contract Manager. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, shall be provided in writing to the Contracting Officer no later than five (5) days after contract award (A.004). The Contract Manager and/or Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters. They must be able to correspond to the COR and KO in the English language.

1.10. Identification of employees: N/A

1.11 Contractor Travel: Travel cost/mileage/per diem is not charged separately and is included in the overall contract price

1.12 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 purpose. This right does not abrogate any other Government rights.

1.13 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 (A.005). 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.

1.14 Environmental Compliance: The following provides information on Environmental Compliance.

1.14.1 Environmental Compliance Plan and Program: The contractor shall comply with all applicable environmental protection directives. The contractor shall follow manufacturers' guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. Upon occurrence of any spills that could enter the storm sewer system or could cause any harmful environmental effects, the contractor shall immediately call the Environmental Branch at Baumholder (telephone DSN 531-3103 or civilian 0611-143-531-3103) or the Government Engineering Technician in charge, and report the incident.

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

1.15.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days(A.006) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) calendar days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (A.006) 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 (10) calender 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 (A.006) 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) calendar days after completion of the training (A.006).

1.15.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract (A.007). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.007). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (A.007). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (A.007).

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) calendar days after completion of the training (A.007).

1.15.3 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) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance (A.008).

Verification of the training shall be provided to the COR within thirty

(30) calendar days after completion of the training (A.008). Training slides can be found on the Army OneSource we site:

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

1.15.4 Authorization to Perform Services in Germany

1.15.4.1Contractors 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.

1.15.4.2 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.

https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.15.4.3 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.

1.15.5 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.

1.15.6 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections.

The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the

KO.

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 CFE Conventional Forces Europe CFR Code of Federal Regulations 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

Page 10 of

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Utilities: Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Vehicles and Equipment: 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.

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

PART 5

SPECIFIC TASKS

In the event of any disagreement between the English text and the courtesy translation of services described below the English text will govern.

Im Falle einer Unstimmigkeit zwischen dem englischen Text und der Gefälligkeitsübersetzung der nachfolgend beschriebenen Leistungen ist der englische Text maßgebend.

5.1 Basic Services: The contractor shall provide all personnel, equipment, devices, supervision as well as other items and performance being required to perform services listed in this performance work statement and the line item price sheet (Attachment 3 and 4).

Der Auftragnehmer hat jegliches Personal, Ausrüstung, Geräte, Aufsicht sowie andere Gegenstände und Leistungen bereitzustellen, welche für die Ausführung der in dieser Arbeitsbeschreibung und den Positionspreisblättern (Anhang 3 und 4) aufgeführten Dienstleistungen notwendig sind.

5.2 Recurring Services:

5.2.1 The U.S. Government will deliver all trash & recyclables to a receiving station, along with a disposal certificate regarding the permissibility of the intended disposal.

The receiving station has to be provided by the contractor and must be located within a radius of 30 km around Baumholder. Prior to contract award, the contractor must indicate the address of the receiving station.

Aller Abfall wird durch die U.S. Regierung unter Vorlage des entsprechenden Entsorgungsnachweises über die Zulässigkeit der vorgesehenen Entsorgung bei einer Annahmestelle angeliefert.

Die Annahmestelle ist vom Auftragnehmer bereitzustellen und muss sich innerhalb eines Umkreises von 30 km um Baumholder befinden. Vor Vertragserteilung hat der Auftragnehmer die Adresse der Annahmestelle mitzuteilen.

5.2.2 The receiving station must meet the following requirements:

a) Availability of a calibrated truck scale to weigh refuse transferred. If a scale is not available, weighing slips of the U.S. Government may also be accepted

b) The receiving station must meet the environmental laws and all applicable, technical standards of the Federal Republic of Germany

c) Receiving station must be able to receive and dispatch 4 meters high compaction-type refuse collection vehicles and other big vehicles with a total weight up to 38 tons, length 18 meters, width: 2.50 meters

d) From arrival until departure, the dispatch of each delivery may not last longer than 60 minutes per vehicle

e) Road to receiving station must be accessible during working hours for the vehicles mentioned above, including snow and ice removal

Die Annahmestelle muss den folgenden Bedingungen entsprechen:

a) Verfügbarkeit einer kalibrierten LKW Waage für das Wiegen des angelieferten Abfalls. Wenn keine Waage zur Verfügung steht, können auch Wiegescheine des U.S. Government akzeptiert werden.

b) Die Annahmestelle muss den Umweltgesetzen und allen zutreffenden technischen Standards der Bundesrepublik Deutschland entsprechen.

c) Die Annahmestelle muss in der Lage sein, 4 Meter hohe Pressmüllfahrzeuge und andere große Fahrzeuge bis zu 38 Tonnen Gesamtgewicht, 18 Meter Länge und 2,50 Meter Breite zu empfangen und abzufertigen.

d) Die Abfertigung jeder Lieferung soll nicht mehr als 60 Minuten pro Fahrzeug von der Ankunft bis zur Abfahrt dauern.

e) Die Straße zur Annahmestelle soll für die o.g. Fahrzeuge während der Arbeitszeiten erreichbar sein, einschließlich der Schnee- und Eisräumung.

5.2.3 Delivery of refuse by U.S. Government takes place during the following times:

Monday to Friday 7.30 a.m. to 5:00 p.m.

Saturday: 8.3 0 a.m. to 12.00 p.m.

Die Anlieferung der Abfälle durch die US-Regierung erfolgt während folgender Zeiten:

Montag bis Freitag 07.30 bis 17.00 Uhr Samstag 08.30 bis 12.00 Uhr

5.2.4 If it is found during unloading that types of refuse delivered by the U.S. Government are contaminated by other types of refuse so that a further sorting is required for the most economical recycling, the contractor can perform this sorting as an evidence for accounting purposes, but only after prior coordination and with approval of the COR. If there are disagreements between the contractor and COR, the matter must be forwarded to the contracting officer.

Falls während des Entladeverfahrens festgestellt wird, dass die durch die US Regierung angelieferten Abfallsorten mit anderen Abfallarten kontaminiert sind, so dass eine weitere Sortierung für die wirtschaftlichste Wiederverwertung notwendig wird, kann der Auftragnehmer dieses Sortieren nur nach Koordinierung und mit Genehmigung des Vertreters des Vertragsoffiziers (COR) als Nachweis für Abrechnungszwecke durchführen. Im Falle von Unstimmigkeiten zwischen dem Auftragnehmer und dem COR, ist der Fall dem Vertragsoffizier zu übergeben.

5.2.5 The Contractor shall grant reimbursements to the U.S. Government in accordance with applicable categories of EUWID (European Economic Service) for all refuse subject to recycling. The compensation has to be shown on monthly invoices and be deducted from the respective invoice amounts.

Der Auftragnehmer hat der U.S. Regierung in Übereinstimmung mit den anwendbaren Kategorien von EUWID (Europäischer Wirtschaftsdienst) für alle Abfälle, die der Wiederverwertung unterliegen, Rückerstattungen zu gewähren. Die Vergütung ist in den monatlichen Rechnungen auszuweisen und von den jeweiligen Rechnungsbeträgen abzuziehen.

5.2.6 Prices for different types of refuse, particulary paper/cardboard, must be calculated including transportation and disposal of possible accumulated impurities.

Die Preise für die verschiedenen Abfallsorten, insbesondere Papier/Kartonage, sind einschließlich des Transportes und der Entsorgung eventuell anfallender Fehlwürfe zu kalkulieren.

5.2.7 The quantities stated in Attachment 1 are maximum quantities that shall not to be exceeded. The contractor shall inform the Contracting Officer immediately when 85% of a maximum quantity has been reached, However, the Baumholder Military Community is not obligated to deliver the entire maximum quantity, i.e., refuse quantities may deviate at any time.

Die in Anhang 1 angeführten Mengen sind Maximummengen, die nicht überschritten werden dürfen. Der Auftragnehmer muß umgehend den Vertragsoffizier informieren, sobald den 85 % einer Maximummenge erreicht werden.

Die Militärgemeinde Baumholder ist jedoch nicht verpflichtet, die gesamte Maximummenge zu liefern, d.h. die Abfallmengen können jederzeit abweichen.

5.3 Task Heading:

5.3.1 Disposal of refuse delivered by Baumholder Military Community and its removal and/or recycling shall be performed in accordance with recent German laws and regulations (KrW-/AbgG Closed Substance Cycle and Waste Management Act, GewAbfV Commercial Waste Ordinance and pendant state laws).

Die Entsorgung der vom Auftraggeber übergebenen Abfälle sowie deren Beseitigung bzw. Verwertung hat in Übereinstimmung mit den neuesten deutschen Gesetzen und Bestimmungen (KrW-/AbgG Kreislaufwirtschafts-und Abfallgesetz, GewAbfV Gewerbeabfallverordnung sowie anhängige Landesgesetze) zu erfolgen.

5.3.2 The conctractor is responsible to provide all necessary licences and permits without any costs for the US Government and to comply with all applicable laws, ordinances and regulations related to performance of this service.

Accompanying documents for refuse requiring verification shall be submitted together with the invoices. All licences and permits must be available at the time of the contract award.

Der Auftragnehmer ist dafür verantwortlich, ohne zusätzliche Kosten für die U.S. Regierung, alle notwendigen Lizenzen und Zulassungen zu beschaffen und alle zutreffenden Gesetze, Verordnungen und Bestimmungen in Zusammenhang mit der Ausführung dieser Dienstleistung zu befolgen.

Begleitpapiere für nachweispflichtige Abfälle müssen mit den Rechnungen eingereicht werden. Sämtliche Lizenzen und Zulassungen müssen zum Zeitpunkt der Vertragsvergabe vorhanden sein..

5.4 Meetings, Conferences, and Briefings: 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 Project 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.

5.5 Service Contract Reporting:

5.5.1 System for Award Management (SAM) Service Contract Report (SCR): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Local Drayage via a secure data collection site. The Contractor is required to completely fill in all required data fields through the following web address: www.SAM.gov. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking “View Assistance for SAM.gov” which is located at the top of the SAM.gov website. From there, you can the select “Contact Our Service Desk” which will allow you to contact SAM.gov directly. If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the SAM SCR requirement.

http://www.sam.gov/

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions):

The following is a list of applicable publications. Copies of the German Standards and Regulations will not be furnished by the Government.

6.1.1 Department Of Defense Contract Security Classification Specification (DD Form 254)

6.1.2 Department of Defense Security Agreement (DD Form 441)

6.1.3 National Industrial Security Program Operating Manual (DoD 5220.22-M)

6.1.4 Installation Access Control (AE Reg 190-16)

6.1.5 The Army Physical Security Program (AR 190-13)

6.1.6 Contractor Identification (AE Reg 27-715)

6.1.7 U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)

6.1.8 Information Assurance Workforce Improvement Program (DoD 8570-M)

6.1.9 Information Assurance Training Certification and Workforce Management Directive (DoDD 8570.01)

6.1.10 Information Assurance (AR 25-2)

6.1.11 Electromagnetic Compatibility Directive (2004/108/EC)

6.1.12 Policies and Procedures for Property Accountability (AR 735-5)

6.1.13 Joint Travel Regulation (JTR)

6.1.14 ArbSchG - Labor Protection Law

6.1.15 PSA-BV - Regulation on Safety and Occupational Health for using PPE at work

6.1.16 8 GUV-V-A1-UW - Principles of Accident Prevention

6.1.17 STVO - Road Traffic Regulation

6.1.18 VOB,Teil C- German Technical Regulation for Construction Work

6.1.19 DIN German Industrial Standard

6.1.20 Safety Codes of the German Trade Association

6.1.21 DIN 18299 - Site Equipment

6.1.22 DGUV – German Social Accident Insuarnce

6.1.23 KrWG - Waste Management Act

6.1.24 BioAfV – Biowaste Ordinace

6.1.25 TRGS Technical rules for hazardous material

6.1.26 GewAbfV Commercial Waste Ordinance

6.1.27 EUWID European Economics Service

6.1.28 WHG Water Resource Act

6.1.29 BImSchG Federal Immision Control Act

6.1.30 AbfG Refuse Disposal Act

6.1.31 UVV Accident prevention Regulation

6.2 Contractor Adherence: The contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT AND TECHNICAL EXHIBIT LISTING

7. Attachment and Technical Exhibit List

7.1 Technical Exhibit A Performance Requirements Summary

7.2 Technical Exhibit B Deliverables Schedule

7.3 Attachment 1 ESTIMATED QUANTITIES / GESCHÄTZTE MENGEN

TECHNICAL EXHIBIT A

Performance Requirements Summary (PRS)

PERFORMANCE OBJECTIVE STANDARD PERFORMANCE

THRESHOLD

ACCEPTABLE QUALITY

LEVELS (AQLs)

METHOD OF

SURVEILLANCE

5.2 The US Government will deliver

all refuse.

The receiving station has to be provided by the Contractor and must be located within a radius of 30 km. The receiving station must be able to receive refuse collection vehicles and provide a calibrated scale.

100 % Compliance 100% Inspection

5.2.5 Reimbursement The Contractor shall grant

reimbursements to the U.S Government in accordance with applicable categories of EUWID

100 % Compliance 100% Inspection

5.2.4 Contamination Refuse contaminated by

other types of refuse so that a further sorting is required for the most economical recycling, the contractor can perform this sorting as an evidence for accounting purposes, but only after prior coordination and with approval of the COR. If there are disagreements between the contractor and COR, the matter must be forwarded to the contracting officer.

100 % Compliance 100% Inspection

5.3.2 Provide all necessary licenses The conctractor is

responsible to provide all necessary licences and permits without any costs for the US Government and to obey all applicable laws, ordinances and regulations related to performance of this service. All licences and permits must be available at the time of the contract award.

100 % Compliance Random Inspection

5.3.1 Disposal of refuse delivered by Baumholder

Military Community and its removal and/or recycling shall be performed in accordance with recent German laws and regulations (KrW- /AbgG Closed Substance Cycle and Waste Management Act, GewAbfV Commercial Waste Ordinance and pendant state laws).

100 % Compliance Random Inspection

TECHNICAL EXHIBIT B

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To A.001 Quality Control Plan (para 1.5.1)

• Changes to the accepted QCP

• NLT 10 calendar days after contract award

• NLT 2 calendar days After changes occur

1 Copy for the official file

Approved Contractor Format

Technical Representative /

KO

A.02 Special Qualification (para 1.6.10)

• Provided with contractor submission

1 Copy for the official file

Approved Contractor Format

Technical Representative /

KO

A.003 Installation Access (para 1.7.1.1)

• Changes to the access Log

• NLT 3 days after contract award

• NLT 5 days after changes

• NLT 3 days collect the installation access

• NLT 3 days after contract cancellation

1 Copy for the official file

Approved Contractor Format

Technical Representative

A.004 Key Personnel (para 1.9)

• Program/Contract Manager

• NLT 5 days after contract award

1 Copy for the official file

Approved Contractor Format

Technical Representative

A.005 Organizational Conflict of Interest (para 1.13)

• submit to avoid or mitigate any such OCI

• NLT 1 day after OCI 1 Copy for the official file

Approved Format Technical Representative

A.006 Anti-Terrorism Training (para 1.15.1)

• employees Training

• submit certificates

• NLT 30 calendar days after contract start date

• NLT 10 days after training completion

1 Copy for the official file

Approved Format Technical Representative

A.007 OPSEC Training (para 1.15.2)

• complete Training

• provide completion

• refresh training

• NLT 30 days of employment

• NLT 10 days after

Completion

• refresh every 12 month

1 Copy for the official file

Approved Contractor Format

Technical Representative

A.008 iWatch Training (para 1.15.3)

• report results

• NLT 30 days after contract award

1 Copy for the official file

Approved Contractor Format

Technical Representative

NOTE: Meeting minutes will be recorded by the Government, and distributed to the appropriate individuals following any meeting. Should there be disagreement with the minutes, the Contractor will provide a written notification identifying areas of non-concurrence for joint resolution.