PWS_final_RCO_02July.pdf

Performance Work Statement (PWS)

Preventive Maintenance and hereafter Technical Safety Inspection by an appointed authorized inspection organization (Zugelassene Überwachungsstelle - ZÜS) at Pressure systems/compressors/tanks at

United States Army Garrison Bavaria (USAG) -Vilseck Rose Barracks

-Grafenwoehr Tower Barracks -Hohenfels

-Garmisch-Partenkirchen

30 December 2020

Table of Contents

1.0 INTRODUCTION 4

1.1 Background 4

1.2 Objectives 4

1.3 Climatic Conditions 5

1.4 Facility Access 5

1.5-1.6 N/A (non applicable)

1.7 Restoration of Landscape Damage 5

1.8 Dust Suppression 5

2.0 REQUIREMENTS 5

2.1 Description of Services 5

2.2 General Information 5

2.3 Emergency Services 7

2.4 Contract Administration and Management 8

2.5 Work Management 11

2.6 Demand Maintenance Orders (DMOs) 13

2.7 Preventive Maintenance Orders (PMOs) 13

2.8 Security 13

2.9 Security Training 14

2.10 Safety 14

3.0 PERFORMANCE REQUIREMENTS AND STANDARDS 16

3.1 Quality Assurance 16

3.2 Quality Control Plan 16

4.0 PERFORMANCE Task Requirement 17

5.0 COMMON LEVELS OF SUPPORT (CLS)- Attachment 01

6.0 DELIVERABLES 19

7.0 RELATED DOCUMENTS 21

7.1 Definitions and Acronyms 21

7.2 Applicable Directives, Publications 26

7.3 TECHNICAL EXHIBIT 1 27

Attachment 02 - List of Pressure Systems/compressors/tanks

7.4 Service Contract Reporting 27

1.0 Introduction

This is a non-personal service contract to provide Base Operation and Support Services for the USAG Bavaria Military Communities that includes Vilseck Rose Barracks, Grafenwoehr Tower Barracks, Hohenfels and Garmisch-Partenkirchen in Germany. The Government will not exercise supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS. The Contractor is responsible for providing all labor and parts required.

1.1 Background

Based on the recurring safety inspection according to the binding German Betriebsicherheitverordnung, (BetrSichV, Para 15;16) the pressure systems/compressors/tanks within the USAG Bavaria are subject to mandatory technical safety inspections. The recurring time period of the interior testing is within every five (5) years, the pressure strength testing at latest every ten (10) years. Those technical safety inspections have to be executed per an appointed technical inspection organization - ZÜS (zugelassene Überwachungsstelle), so called TÜV or DEKRA. (BetrSichV, Para 15,16, annex 2, Article 1). The former sole determining TÜV Association got deregulated in the early 2000er years, through a liberalization process into the private sector. Various types of economical cooperation's got formed, e.g. TÜV Süd, TÜV Nord, TÜV Rheinland Pfalz etc., as well as DEKRA, to name the leading outcome.

The term TÜV (English TUEV) would most possible limit the official solicitation, the overarching term ZÜS (zugelassene Überwachungsstellen = ZÜS) shall be used per subject matter expert engineers of the Directorate of Public Works (DPW) USAG Bavaria.

Necessary outcome is an awarded ZÜS (TÜV or DEKRA) safety inspection certificate of the interior and pressure strength testing, to grant safe operation of all pressure systems/compressors/tanks. To gain certification, a pre-inspection with preventive maintenance work is mandatory.

1.2 Objectives

The objective of this contract is to provide complete and full maintenance within pre-inspections to obtain technical safety certifications provided by an appointed technical inspection organization (e.g. TÜV or DEKRA) of pressure systems/compressors/tanks. All work not specifically mentioned, which is required to ensure that preventive maintenance is complete and is within the intent of this contract, shall be performed without additional cost. Contractor shall perform, coordinate and complete the requirements of the contract in cooperation with any other contractors or trades performing work at USAG Bavaria promptly and diligently as required by the standards of this contract.

1.2.1 The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conforms to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract. Without additional expense to the Government, the Contractor shall obtain/ensure subcontractors obtain all licenses, and permits required to perform this work under this contract. The intent is to establish work requirements that are performance-based and results oriented. This approach is intended to allow the Contractor to determine the best and most cost effective ways to fulfill base operations and their component needs, emphasizing innovation and commercial best practices.

1.3 Climatic Conditions - N/A

1.4 Facility Access

The Contractor will have access to all systems and equipment to be serviced under this contract during the regular operation hours as determined under Paragraph 2.2.3.2.

1.5 Traffic Flow - N/A

1.6 Drainage - N/A

1.7 Restoration of Landscape Damage

Trees or other landscape features damaged by the Contractor’s operations shall be restored at no additional cost to the Government. The COR and/or ACOR will decide the method of restoration for trees or whether damaged trees will be removed.

1.8 Dust Suppression

The Contractor shall perform dust suppression as directed by the COR and/or ACOR.

2.0 Requirements

2.1 Description of Services

Reference is made to Attachment 01 – Common Level of Support CLS 411, Paragraph 5.1 – 5.10 for the specific description of services to be accomplished under this contract respectively Performance Work Statement.

2.1.1 Non-Personal Services

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. Non-personal service contracts are authorized by the Government in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.2 General Information

2.2.1. Period of performance: 01 July 2021 - 30. June 2022

2.2.2 Transition (Phase In/Phase Out)

Phase in and Phase out transition periods will not be used for this contract.

2.2.2.1 Phase out - N/A

2.2.3 Place of Performance and Hours of Operation

2.2.3.1 Place of Performance

The work to be performed under this requirement will be performed throughout the entire area occupied by USAG Bavaria which includes Vilseck Rose Barracks, Grafenwoehr Tower Barracks, Hohenfels and Garmisch-Partenkirchen and at any pertinent locations in and around USAG Bavaria. Locations listed in Technical Exhibit Attachment 02 (TE) 1.

2.2.3.2 Hours of Operation

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.

Government Facility Office Hours: The Government facility office hours are from 07.30 hours through

16.00 hours, Monday through Friday except Host Nation Holidays as identified in paragraph 2.2.3.5, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Government Facility Operating Hours: The Government facility operating hours occur between the hours of 07.30 hours through 16.00 hours, Monday through Friday except Host Nation Holidays.

Furthermore the Government facility is also open for operations during the recognized U.S. Holidays as identified in paragraph 2.2.3.5. The Government facility may close due to local or national holidays, emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the COR to the Contractor.

Contractor Support Hours: The Contractor shall provide support between the hours of 07.30 hours through 16.00 hours, Monday through Friday during Government Facility Operation Hours. 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 closing reasons named above. When hiring personnel, the Contractor shall keep in mind, that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed.

2.2.3.3 Installation Closures

When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall reschedule the work to be performed the following day, unless the following day is a Saturday, Sunday, a recognized Federal holiday and when routine work is not scheduled for that day; or reschedule the work for the next business day following to the closure.

2.2.3.4 Inclement Weather Delay

If the Contractor determines unsafe weather conditions for continued operations, the Contractor shall notify the KO or COR two (2) hours prior to curtailing operations due to inclement weather. The Contractor shall obtain KO/COR approval to resume operations.

2.2.3.5 Federal U.S. and Host Nation Holidays

U.S. Holidays:

Work can 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.

Contractor is not required to work on U.S. holidays which falls on the same day as the Host Nation Holidays.

New Year’s Day: January 1st M. L. King Day: 3rd Monday in January Presidents Day: 3rd Monday in February Memorial Day: last Monday in May Independence Day: July 4th Labor Day: 1st Monday in September Columbus Day: 2nd Monday in October Veteran’s Day: November 11th Thanksgiving Day: 4th Thursday in November Christmas Day: December 25th

Host Nation (German) Holidays:

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

German national and local holidays are:

New Year’s Day: January 1st Epiphany January: 6th Good Friday: varies Easter Monday: varies Labor Day: May 1st Ascension Day: varies Whit Monday: varies Corpus Christ: varies Assumption Day August: 15th Day of German Unity: October 3rd All Saints’ Day November: 1st 1st Christmas December: 25th 2nd Christmas December: 26th

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.

2.2.3.6 Travel/Temporary Duty N/A

2.3 Emergency Services

2.3.1 Emergency Medical Treatment

The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the KO or COR not later than (NLT) two (2) hours of the incident. The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel. However, the Government will provide, on an emergency basis, medical services for injuries incurred while an employee is performing under the contract. The Contractor shall reimburse the Government for emergency medical services provided, upon receipt of invoice from the medical facility. Reimbursement shall be made to the US Government.

2.3.2 Accident Reporting

The Contractor shall provide a verbal report to the KO or COR the same day the accident happened. A typed original report shall be delivered to the KO or COR within five (5) business days of occurrence, whenever an accident involving personal injury or Government owned property occurs. [Deliverable A001]

2.4 Contract Administration and Management

2.4.1 Post Award Conference/Performance Evaluation Meetings

The Contractor shall attend the post award conference convened by the contracting activity or contract administration office within ten (10) days after contract award in accordance with FAR Subpart 42.5.

Written minutes of meetings will be recorded by the Contractor and signed by both the Project Manager (PM) and the KO/COR/ACOR. The written minutes will be distributed within five (5) business after the meeting [Deliverable A002]. If the Government does not concur with any portion of the minutes, recorded by the Contractor, the non-concurrence shall be provided in writing by the KO/COR/ACOR within two

(2) workdays following receipt of the minutes.

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

2.4.2 Government Roles - the following provides the roles and their respective authority during the performance of the contract:

2.4.2.1 Contracting Officer (KO)

The KO is the only person authorized to make any changes in any of the requirements listed on this PWS; notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change will be considered to have been made without authority and solely at the risk and expense of the Contractor. All contract administration will be effected by the KO. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviations from the terms and conditions shall be effected without a written modification to the contract, executed by the KO authorizing such changes. The KO will approve all submittals and plans required in this PWS.

2.4.2.2 Contracting Officer’s Representative (COR)

The KO will appoint a COR during the performance of this requirement. Additional Government personnel e.g. Contract Compliance Inspector may be designated to assist in contract oversight IAW (Army Regulation) AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR and shall be trained and appointed IAW Department of Defense Instruction (DoDI) 5000.72, Department of Defense (DoD) Standard for Contracting Officer’s Representative (COR) Certification. The COR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR will perform IAW the responsibilities and duties identified in the appointment letter.

2.4.2.3 COR Authority

A letter of designation will be issued to the COR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR, especially with regard to changes in cost, price estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions with regard to cost, quantity, or schedule of the resulting order.

2.4.2.4 COR, Alternate COR (ACOR) The COR and/or ACOR monitors all technical aspects of the contract and assists in contract administration. The COR and/or ACOR is authorized to perform the following functions: assure 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; monitor, document, and report Contractor's performance and notify both, the KO and Contractor, of any deficiencies; coordinate availability of Government-Furnished Property, and provides direction or assistance for site entry requests of Contractor personnel.

2.4.2.4.1 The Contractor shall not in any way represent the United States (U.S.) Government, or that it has the authority to contract or procure supplies for the account of the United States of America (USA).

2.4.3 Contractor Key Personnel

Shall be designated in writing to the KO or designated Government representative within five (5) days after contract award. These key personnel shall be available as specified within Paragraphs 2.4.3.1 [Deliverable A003]

2.4.3.1.1. These individuals designated as key personnel shall be able to understand, speak, read, and write the English language.

2.4.3.1.2 Project/Contract Manager (CM)

The Contractor shall nominate a CM and an Alternate Contract Manager (A/CM) who shall act for the Contractor when the CM is absent. CM and A/CM shall be responsible for conducting continual overall management and coordination for all places of performance outlined in Para 2.2.3.1.The CM and A/CM 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 shall be available/reachable during the specified operation hours. (Refer to Paragraph 2.2.3.2) [Deliverable A003- same as Para 2.4.3]

2.4.4 Contractor Requirements

The Contractor shall provide an Installation Pass Log of all Contractor employees, subcontractors, subcontractor employees, and their vehicles including last, first, middle name of the employee (and subcontractors); copy of her/his valid personal identifier (e. g. passport); copy of his/her valid residence permit (only for non-EU citizens); date the employee will start working on the installation included probation and training period; criminal record certificate (polizeiliches Führungszeugnis); security questionnaire for a simple security check; registration information on privately owned vehicle (POV) used for the work at the installation: plate number, country, make, model, year, body type, and color.

The log shall be updated as employees are added or removed and include last, first, middle name of the employee’s sponsor (if applicable, for the time a new employee does not have any permanent installation access) as well as contact details of the sponsor. The updated installation pass log shall be current and available at any time upon request by the Government and submitted to the COR and ACOR NLT the post award conference and within five (5) days after any changes to the log [Deliverable A004].

2.4.4.1 U.S. Residency - N/A

2.4.4.2 Certain administrative personnel will require a Common Access Card (CAC) - N/A

2.4.4.3 Qualification Standards

The Contractor shall inspect, repair, and maintain systems and components associated with facilities listed in real property records as required throughout this contract utilizing properly trained, skilled, and qualified employees or subcontractor personnel.

2.4.4.3.1 Special Qualifications / Certifications / Requirements The contractor shall possess at a minimum certified pneumatic specialists within an accompanying German Journeyman’s m/f/n Certificate (Gesellenbrief) for maintenance, repair work and pre-inspection, as well as at least a Master craftsmen/craftswoman (Handwerksmeister/-innen) or analog subject pneumatic (Drucklufttechnik) as Project/Contract and alternate Contract Manager. The safety inspection interior and pressure/strength test shall be conducted by certified ZÜS inspectors (e.g. TÜV or DEKRA).

Hereinafter safety inspection certificates shall be out handed. Therefore an awarded qualified ZÜS service organization e.g. such as TÜV or DEKRA shall be appointed by the contractor himself for providing service as named. The contractor shall provide all certificates and documents providing this qualifications of his company, his personnel and the technical experts performing under subject contract along with his offer. The qualification of the contractor, his personnel shall be essential part of contractor’s quality control plan and quality assurance to be presented to the KO for approval with the contractor’s bid.

2.4.4.4 Contractor/Subcontractor Identification

The Contractor shall ensure that personnel be identified as a Contractor/Subcontractor to distinguish themselves (e.g. badge, company logo, or uniform) from Government employees. The Contractor shall ensure all correspondence and reports produced are marked as Contractor products or that Contractor participation is disclosed. Contractor owned/leased vehicles and equipment should be identified.

2.4.4.5 Standards of Conduct

Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation.

The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

2.4.4.6 Contractor Hiring Restrictions

The Contractor shall not hire or sub-contract with off-duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.4.5 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the KO corrective action plans, timely identification of issues, and effective management of subcontractors. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.5 Work Management

Work requirements and timelines shall include coordination with the COR and/or ACOR and Directorate of Public Works (DPW) Utilities Branch USAG Bavaria. Further details see Attachment 01, – Common Level of Support CLS 411, Paragraph 5.1 – 5.10.

2.5.1 Coordination

As a part of the work scheduling process, the Contractor shall coordinate all work with the COR/ Building/Facility Manager in charge of the facility where the work is to be done. Therefore a maintenance time schedule plan is essential as stated in CLS 411 Attachment 01.

2.5.2 Work Standards

The technical specifications within this PWS define the quality of maintenance and repair accomplished under this Contract. When a standard is not directed, the Contractor shall perform required work to meet industry trade customs and practices and manufacturer's recommendations. If floors, cabinets, appliances, foundations, and other items are removed in order to gain access to the system component to be repaired, the Contractor shall return any repaired area to a condition comparable to the original construction after work is completed. Any Government- or occupant-owned property damaged by the Contractor shall be repaired or replaced immediately at contractor’s expense.

2.5.3 Disposal

All refuse generated by this Contract shall be legally disposed of meeting all - Federal, State, county and Installation guidelines for disposal (including disposal of hazardous materials). Hazardous waste materials shall be disposed of in accordance with (IAW) applicable Federal, State, and local statutes.

Refuse shall be disposed of on a regular basis in order to ensure a neat and orderly appearance of the Contractor's area of responsibility and its surrounding areas. Roll-offs shall be used for large quantities of refuse. Large and bulk items shall be broken down to maximize the roll off dumpsters’ capacities. The burning of debris, waste material, and other salvageable items is prohibited on the Installation. The Contractor may be able to use Government provided recycling containers as available strictly for recyclable materials accepted by the Recycling Service Contract in effect at the time. Papers, plastics 1-7, aluminum and tin cans shall be recycled. Any misuse of the recycling containers shall be corrected by the Contractor as directed by the DPW or the applicable Quality Recycling Program (QRP) representative, the recycling contractor or the COR.

2.5.4 Maintenance of Work Site

The Contractor shall remove from the work area, at the end of each day and completion of the job, all waste, material, and by-products resulting from work performed. If applicable, the Contractor shall return usable material to a designated storage area for reuse. The Contractor shall ensure all job sites are secured during inclement weather to avoid damages or windblown materials.

2.5.5 Environmental Requirements

The Contractor shall meet all requirements in accordance with all Federal, State, local, and installation environmental laws.

2.5.6 Particulate Matter

The Contractor shall use water, or suitable oil, or chemicals approved by COR/ACOR/Contract Compliance Inspector and DPW Utilities Branch, to control dust in the demolition of structures, work operations, work performed on a road, street, or parking area, in the clearing of land.

2.5.7 Construction (Storm Water) permits

When the Contractor activities result in soil disturbance, the Contractor shall meet the requirements of the Host nation’s State Environmental Protection Agency and all Federal and State laws.

2.5.7.1 Utility Clearances - N/A

2.5.7.2 As-Built Drawings - N/A

2.5.7.3 Installation Recycling Program

The Installation Recycling Program is a resources conservation effort managed and operated by the DPW-ENV IAW DoD regulations.

2.5.7.4 Actions and Delivery - N/A

2.5.7.5 Facilities, Systems, and Equipment identified for Future Replacement Regardless of whether specific facilities, systems, or equipment have been identified for future replacement by the Government, the Contractor shall perform maintenance and repair of the equipment as outlined in this PWS, unless otherwise directed by the KO.

2.5.7.6 New Components

New components shall match or exceed existing components in both manufacture and quality. The Contractor shall consider aesthetics (i.e., color, texture, and quality) in material selection. If existing aesthetics cannot be matched, the Contractor shall submit variations to the KO/COR for acceptability prior to installation.

2.5.7.7 Energy Conservation Standards

The Contractor shall provide material and equipment (such as lamps) which meet the requirements of the energy conservation program. Electrical equipment and fixtures shall be high efficiency Energy Star rated equipment.

2.6. Demand Maintenance Orders (DMOs)

The Contractor shall be responsible for all materials required for repair work. For clarity, the price for DMOs reflected in the Pricing Matrix and applicable contract CLINs shall be inclusive of all DMO related repair costs. - Common Level of Support (CLS) 411, Paragraph 5.1 – 5.10

2.7 Preventive Maintenance Orders (PMOs), – Common Level of Support CLS 411, Paragraph

5.1 – 5.10

2.8 Security

2.8.1 Access and General Protection/Security Policy and Procedures The Contractor and all associated subcontractors employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by DoD, Headquarters Department of the Army (HQDA) and local policy. The KO/COR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

2.8.2 Rules, regulations, direction, and requirements issued by the Commander apply to the Contractor. The Contractor shall become acquainted with and comply with all Government regulations as posted, or as required by the KO. Regulations, manuals, and technical documents applicable to this Contract are listed in Section 6.0 of this PWS. Control for classified publications requirements can be located in AR 380-5, Department of The Army Information Security Program, and secured in a filing type cabinet with a built-in locking device with tumblers and General Services Administration (GSA) approved security container. N/A

2.8.3 Government Vehicles. N/A

2.8.4 Contractor Vehicle Registration. Currently there is no requirement to register Contractor owned vehicles with the Provost Marshal or DES. However, the Contractor shall maintain a list of all Contractor-owned or operated vehicles and trailers operating on the installation at all times. In reference with Para 2.4.4. The list may be used in case of emergency and/or other contingency. Evidence of vehicle ownership and vehicle liability insurance must be presented upon application of vehicle registration.

2.8.4.1 Contractor and all associated subcontractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by DES) IAW Army Directive 2014-05. The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office or DES, or Security Office. Contractor workforce must comply with all personal identity verification requirements 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.

2.9 Security Training

2.9.1 Anti-Terrorism (AT) Level I Training

IAW AR 525-13, Antiterrorism, all Contractor employees, including sub-contractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete Antiterrorism (AT) Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of the requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected contract employee and subcontractor employee to the KO or COR within 30 calendar days after completion of training by all employees and subcontractor personnel on a recurring annual basis [Deliverable A005]. AT Level I awareness training is available at the following site: http://jko.jten.mil.

2.9.1.1 If access to a computer is not available, the unit’s Level II Anti-Terrorism Officer (ATO) will conduct AT Level I training for the Contractor and employees within 30 business days after contract award and maintain a copy of the attendance roster for one (1) year. Any Contractor hired after contract start will be required to receive AT Level I training within 30 calendar days by USAG Bavaria ATO. It will also be acceptable for the new hire to take the training on line and present the training certificate in electronic and paper copy to the KO or COR within 30 calendar days. If the requiring activity does not have an ATO, the first ATO in the chain of command will conduct this training.

2.9.2 iWATCH Training N/A

2.9.3 Operational Security (OPSEC) Awareness Training

N/A

2.10 Safety

The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program.

2.10.1 Safety Plan

The Contractor shall develop and implement a safety plan for its employees.

2.10.2 Host Nation Safety/Health Laws and Regulations

Contractor, subcontractors as well as any other performing personnel shall observe, adhere and comply with all applicable laws, regulations, technical, health and safety regulations and manufacturer’s guidelines in their latest current version valid during the term of contract.

2.10.3 Reporting of Fire and Safety Hazards

The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. NFPA 51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work, provides guidance for persons, including outside Contractors and property managers, who manage, supervise, and perform hot work.

It covers provisions to prevent loss of life and property from fire or explosion as a result of hot work.

2.10.4 A Hot Work Permit (Schweisserlaubnis) Log shall be i s s u e d b y t h e USAG Bavaria F i r e D e p a r t m e n t ; i t w i l l b e maintained and presented to the KO or COR u p o n r e q u e s t . The Contractor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The KO and COR shall be notified of deficiencies beyond the terms of this contract.

2.11 Environmental Compliance

The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules and plans. The Contractor shall use, store and dispose of all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, Federal and State laws, and according to manufacturers’ recommendations. The Contractor shall be financially liable for all fines and associated costs for non-compliance with local, Federal and State laws regarding hazardous waste management including but not limited to: hazardous materials spillage, improper handling and transportation and improper waste disposal. The Contractor shall make all environmental and hazardous material records available the next duty day upon request from the KO or COR/ACOR.

2.11.1 All other wastes generated by the Contractor shall be disposed of by a third party Contractor IAW applicable Host Nation, State and Federal Standards. All waste generation on USAG Bavaria must be handled under a single EPA ID Number per AR 200-1, Environmental Protection and Enhancement.

The Contractor’s shall collect all Hazardous Waste for disposal by the 3rd party. The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Policy.

2.11.2 Environmental Management System (EMS)

Conformance with Environmental Management System (EMS): USAG Bavaria Environmental Division has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities and services. All personnel performing work for or on behalf of USAG Bavaria Military Communities must be aware of and understand USAG Bavaria Environmental Division Environmental Policy. Upon request the policy can be obtained at USAG Bavaria Environmental Office Grafenwoehr Tower Barracks.

2.11.3 The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Division Environmental Policy.

2.11.4 Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable Federal, State, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and European DIN, VDE and ISO regulations. Contractor shall immediately report any conflicts between applicable Federal, State, local environmental laws, statutes, Executive Orders, AR 200-1, and any specifications within this contract to the KO and COR/ACOR/Contract Compliance Inspector. Any questions regarding EMS may be directed to the Installation EMS Coordinator.

2.11.5 Spill Plan

Any spillage caused by the contractor during work performance has to be handled, cleaned and disposed of by the contractor and to the contractor’s expense.

3.0 Performance Requirements and Standards

3.1 Quality Assurance

The Government will evaluate the Contractor’s performance under the contract IAW the Government’s Quality Assurance Surveillance Plan (QASP). The Performance Requirements Summary (PRS) defines the criteria of how the Contractor’s performance will be evaluated, the frequency of surveillance, and the items to be inspected. Although the Government will develop a QASP, Government surveillance of Contractor performance is not limited to the QASP, or the performance objectives, outlined in the PRS.

The Government retains the right to evaluate all services required by the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work.

3.2 Quality Control Plan (QCP)

Quality control is the responsibility of the Contractor. The Contractor shall develop, implement and maintain an effective quality control program which shall be documented in a QCP to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure no recurrence of defective services. The Contractor’s QCP is the means by which they assure themselves that the work conforms to contract requirements. The basic principle of the plan is that the Contractor is responsible for quality control. The plan shall include a description of the inspection system to address services listed in this PWS, and a description of the methods to be used for identifying and preventing defects in the quality of services performed. The plan shall include a description of the Contractor’s inspection system to include specifics as to areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the Contractor’s inspectors. No lead person or first line supervisor shall be considered a Quality Control Inspector. The Contractor shall develop, maintain, and submit a QCP to the KO and the COR for acceptance within 30 business days after contract award. The Contractor shall submit any proposed changes in the QCP to the KO and COR for written approval five (5) business days prior to implementation [Deliverable A008].

3.2.1 Quality Control Files

The Contractor shall maintain files of all inspections or tests conducted by the Contractor, to include any corrective actions taken. These files shall be subject to Government review at the COR’s discretion during the contract term, to include any extensions of contract term. The Quality Control Files will be the property of the Government and shall be turned over to the Government upon completion or termination of the contract.

4.0 Performance Task Requirements (PTR), Standards and Acceptable Quality Levels (AQLs)

Required Services

Performance Standard

Acceptable Quality Level

(AQL)

Method of Surveillance

Incentive (Positive and/or Negative)

4.0.1 Technical Safety inspection named interior testing and pressure strength testing of pressure systems/compressors and pressure tanks per an appointed authorized technical inspection organization so called ZÜS e.g. TÜV or

DEKRA

Technical Safety Inspection interior and pressure strength testing of pressure systems/compressors and pressure tanks gaining documentation within an original technical safety certification of performed technical safety inspections and adhesive TÜV or DEKRA small sticker with month and year inspection performed and future inspection necessary on each vessel.

Zero Deviation from performance standard

Verification/confirmation by the COR and/or ACOR/Contract Compliance Inspector (through sticker on the vessels as well receiving original certificate document)

Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the JAM

(CPARS);

Contractor shall re-perform the service. Non-conforming services may result in Non- Conforming Reports issued and a potential negative

JAM

(CPARS)

narrative.

4.0.2 pre-inspection/maintenance by contractor pre-inspection and maintenance of all systems and tanks

Zero Deviation from by work certificate to the COR and/or ACOR/specs by Contract Compliance Inspector/ appropriate tech.

Engineer and DPW section

See above

Required Services

Performance Standard

Acceptable Quality Level

(AQL)

Method of Surveillance

Incentive (Positive and/or Negative)

4.0.3 repair work service repair work service shall be scheduled for commencement after COR/ACOR/Contract Compliance Inspector approval, latest inner two (2) work days. After receipt of required parts the work shall be continued until repair is completed but NLT three (3) work days after re-commencement.

Zero Deviation from

ACOR/Contract Compliance Inspector and appropriate tech.

Engineer and DPW section

See above

4.0.4 Emergency repair service

Emergency repair service shall be confirmed verbal inner two (2) hours after identification and the work shall be continued until completed.

Zero Deviation from

ACOR/Contract Compliance Inspector and appropriate tech.

Engineer and DPW section

4.0.4 Contractor’s responsiveness

The Contractor shall have adequate procedures for receiving calls and/or messages while the Program/Contract Manager or alternate(s) response is required NLT two

(2) hours after notification.

Deviation in a common percentage will be accepted

Verification/confirmation by the COR and/or ACOR/ Contract Compliance Inspector

6.0 Deliverables (by contractor)

DELIVERABLE FREQUENCY

NUMBER OF

COPIES

MEDIUM/FORMAT DISTRIBUTION

A001 Accident Report if accident occurs within five (5) workdays of occurrence, whenever an accident involving personal injury or Government owned property occurs

Three (3) to the KO through the COR and

ACOR

Electronic delivery via email in pdf.

Format as formal document with date and signature of the Contractor

KO, COR and ACOR/Contract Compliance Inspector

A002 Post Award Conference/Performance Evaluation Meeting. The written minutes will be distributed (paragraph 2.4.1) within five (5) workdays after meeting

Three (3) to the KO through the COR and ACOR/Contract Compliance Inspector

Electronic delivery via email in pdf.

Format as formal document with date

KO, COR and ACOR/Contract Compliance Inspector

A003 List contract key personnel (Paragraph 2.4.3.)

within five (5) workdays after contract award

Three (3) to the KO through the COR and ACOR/Contract Compliance Inspector

Electronic delivery via email in pdf.

Format as formal document with date and signature of the Contractor

KO, COR and ACOR/Contract Compliance Inspector

A004 Installation pass Log of all contractor/subcontractors employees and their vehicles (paragraph 2.4.4)

At post award conference

Three (3) to the KO through the COR and ACOR/Contract Compliance Inspector

Electronic delivery via email in pdf.

Format as formal document with date and signature of the Contractor

KO through COR and ACOR/Contract Compliance Inspector

A005 Anti-Terrorism (AT) Level I Training (paragraph 2.9.1)

Training completion within thirty (30) days of contract start date, thirty

(30) days after employment of new personnel, and submission of certificates within three (3) days after completion of the training

Two (2) to the COR and

ACOR

Electronic delivery via email in pdf format.

COR and

ACOR

A006 Quality Control Plan (paragraph 3.2) within thirty (30) days of contract award and any changes for written approval five (5) days before

Three (3) to the KO through the COR and ACOR/Contract Compliance inspector

Electronic delivery via email in pdf.

Format as formal document with date

KO,COR and

ACOR/

Contract Compliance inspector

DELIVERABLE FREQUENCY

NUMBER OF

COPIES

MEDIUM/FORMAT DISTRIBUTION

A007 Work Certificates for each single pre-inspection and performance (Att. 01 CLS para. 5.2.1.2)

At the end of each week Fridays, if holidays per Para

2.2.3.5 on the following next working day

Two (2) to the

COR/ACOR

and Contract Compliance Inspector

Electronic delivery via email in pdf.

Format as formal document with date and signature of the Contractor

COR and ACOR/Contract Compliance Inspector

A008 Cost Estimate for repair service (Att. 01 CLS para. 5.3.1)

For approval at latest two (2) days after the repair requirement is identified

Two (2) to the

COR/ACOR

and Contract Compliance Inspector

Electronic delivery via email in pdf.

Format as formal document with date and signature of the Contractor

COR and ACOR/Contract Compliance Inspector

A009 ZÜS (TÜV or DEKRA) technical safety certificates (Att. 01 CLS para. 5.4)

At end of task in original, in addition to the TÜV/DEKRA sticker on each vessel

Original Original version via post or personally and sticker directly on the vessel

COR and

ACOR/

Contract Compliance inspector

A010 maintenance (time and location) schedule plan + ZÜS inspection days 14 workdays in advance (Att. 01 CLS para. 5.5) within five (5) workdays after contract award + min 14 workdays in advance

Two (2) to the

COR/ACOR

and Contract Compliance Inspector

Electronic delivery via email in pdf.

format as formal document with date and signature of the Contractor

COR and ACOR/Contract Compliance Inspector

A011 SCR IAW PWS

Para 7.4

NLT 31 October of each calendar year 30 calendar days from the end of contract

One (1) Electronic Copy

SAM.gov - System established Format

COR and ACOR/Contract Compliance Inspector

7.0 Related Documents.

In general Government forms of all versions can be found on www.apd.army.mil.

- Attachment 01 CLS –

Common Level of Support (CLS) 411, Paragraph 5.1 – 5.10

- Attachment 02 - Technical Exhibit 1 incl. locations, building numbers and amount of pressure tanks/systems

7.1 Definitions and Acronyms

7.1.1 Definitions.

7.1.1.1 Acceptable Quality Level (AQL). The AQL is the maximum percent defective (or the number of defects per hundred units) for the purposes of sampling inspection can be considered satisfactory.

7.1.1.2 Alternate Contracting Officer’s Representative (ACOR). An employee of the U.S.

Government provided by the RA and appointed by the KO to provide support to CORs in monitoring and documenting the Contractor’s performance. These alternate surveillance support personnel will serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR.

7.1.1.3 Contractor. 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.

7.1.1.4 Contracting Officer (KO). 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.

7.1.1.5 Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the KO to help administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

7.1.1.6 Defective Service. A service output that does not meet the standard of performance associated with the PWS.

7.1.1.7 Deliverable. Anything that can be delivered; can include non-manufactured things, such as meeting minutes or reports.

7.1.1.8 Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article, when put into use. Equipment does not include material, real property, special test equipment or special tooling.

7.1.1.9 Emergency - is a sudden, unexpected, or impending situation that may cause life, health or safety hazard or damage to Government property, including loss of perishable goods, and/or interference with the normal activities of personnel and therefore, requires immediate attention and remedial action.

7.1.1.10 Government-Furnished Property (GFP). Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or 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.

7.1.1.11 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and Government purchased 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.

7.1.1.12 Key Personnel.