PWS HAZ11 Poland QA - W912PB25RA002.pdf

409th CSB Ver 6 20240522

PERFORMANCE WORK STATEMENT (PWS)

HAZARDOUS MATERIALS DRIVER TRAINING COURSES POLAND (HAZ 11)

7th ARMY TRAINING COMMAND

COMBINED ARMS TRAINING CENTER

7ATC, CATC

6 May 2024

Part 1

General Information

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

1.1 Description of Services/Introduction: The mission of the Combined Arms Training Center (CATC) under this contract is to provide instructional services IAW the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). The HAZMAT certification course HAZ11 for Drivers shall be provided to selected soldiers and civilians of the US Army Europe (USAREUR-AF) and RFF/RAF units in Poland. The contractor shall provide all required staff, faculty, supervision, printed instructional material to include the student workbooks, hand outs, books practical exercises, programs of instruction, instructor lesson plans, and ADR cards not otherwise provided by the Government. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The Combined Arms Training Center (CATC) manages and conducts the USAREUR-AF Institutional Training Program. The HAZMAT program is part of CATC’s contracted training program since March 1998, which authorizes and obligates CATC to train and certify USAREUR-AF soldiers and civilians to adhere to the ADR as required by NATO SOFA. The Polish Government authorizes the U.S. Army via a Polish contractor to conduct training and will provide ADR certification.

1.3 Scope: The contractor shall provide standardized hazardous material Driver training to certify USAREUR-AF hazardous material drivers. Instruction shall meet International Carriage of Dangerous Goods Road (ADR) requirements and provide ADR cards for successful candidates. Instruction shall be in conformity with the principles and concepts contained in the program of instruction (POI) and shall be delivered in the English language.

1.4 Objectives: USAREUR-AF is required by the NATO SOFA Agreement to train dangerous goods drivers to conform to both US Army regulations and to the European regulations. ADR is an authoritative agreement intended to increase the safety of international transport of dangerous goods by road. Its annexes A and B contain the technical requirements for road transport, i.e. the conditions under which dangerous goods, when authorized for transport, may be carried internationally, as well as uniform provisions concerning the construction and operation of vehicles carrying dangerous goods. It also establishes international requirements and procedures for training and safety obligations of participants. The agreement is regularly amended and updated. Latest updates can be found on the ADR section of the United Nations Economic Commission for Europe (UNECE) Transport Division Website:

http://www.unece.org/trans/danger/publi/adr/adr_e.html The contractor is required to incorporate amendments and updates to the ADR in the course curriculum as stated in this document within thirty (30) days (A.001).

1.4.1. HAZ11 trains and certifies HAZMAT drivers to transport hazardous cargo in conformity with ADR.

1.5 General Information

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

The Contractor’s proposed QCP shall be submitted to the Contracting Officer’s Representative (COR) for review within thirty (30) calendar days after date of contract award (A.002).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the Contractor shall then have ten (10) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than ten (10) calendar days prior to the anticipated change and before implementation by the Contractor (A.003). The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

timelines, deadlines, and goals)?

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

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

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

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

Materials?

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

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

1.5.1.1 Reserved

1.5.1. The Contractor shall inform the COR of issues or potential issues that might affect the performance within 48 hours of identifying those issues. Verbal reports shall be followed up by written reports within ten (10) calendar days.

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

http://www.unece.org/trans/danger/publi/adr/adr_e.html

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S.and Polish 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 June 19th Independence Day July 4th

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

1.5.3.2. Host Nation Holidays: The Polish national and local holidays are

New Year’s Day 01 January Three King's Day 06 January Easter Monday varies yearly Labor Day 01 May Constitution Day 3 May Whit Sunday varies Corpus Christi varies Assumption Day 15 August All Saints' Day 01 Nov Independence Day 11 Nov 1st Christmas 25 December 2nd Christmas Day 26 December

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 in Vilseck and Poland are 0730 to 1730, and Monday to 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 simultaneously between 0730 and 1730 hours, Monday through Friday in Poland.

1.5.4.3 Contractor Support Hours: : The Contractor shall provide support between the hours of between 0730 and 1730 hours, Monday through Sunday. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

1.5.4.3.1 Contractor Work Plan: Reserved

1.5.5 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.

1.5.6 Place of Performance: The HAZ11 courses will be provided at U.S. Army Installations or nearby in Poland.

1.5.7. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four

(4) 12-month option years. The Period of Performance reads as follows:

Base Year: 1 July 2025 – 30 June 2026 Option Year I: 1 July 2026 – 30 June 2027 Option Year II: 1 July 2027 – 30 June 2028 Option Year III: 1 July 2028 – 30 June 2029 Option Year IV: 1 July 2029 – 30 June 2030

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

1.6.1 Security Program: Reserved

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Poland 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.

Units who order this training, will ensure that the Contractor instructor will be able to enter the installation to provide training through temporary base access. Bar access request forms will be provided to the contractor.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: AER190-16.pdf (menlosecurity.com)

1.6.3.4 Common Access Cards (CAC: Reserved

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors. All personnel working under this contract must have a Police Clearance Certificate.

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

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: Reserved

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

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

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work.

The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel The following personnel are considered key personnel by the government: Contract Manager.

If the Contractor changes key personnel identified in the proposal, the Contractor shall provide evidence that proposed replacement personnel have qualifications at least equal to those to be replaced at least 10 business days prior of replacement (A.005). Contract Managers must speak and write the English language fluently at College level. The contractor shall identify a Contract Manager for contractual matters and shall provide name, title, work phone number, cell phone number, and email address, to the COR within five (5) calendar days after contract award (A.004).

1.10.1. Contract Manager: The Contract Manager shall be responsible for all requirements listed in the PWS.

The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager is responsible for the coordination of delivery of services necessary to accomplish instructional and logistical activities under this contract, and is responsible for quality control of the training presented Resume shall be provided within five (5) days after contract award to the COR (A.005)

1.10.2. Program Coordinator: Reserved.

1.10.3. Lead Instructor: The contractor shall identify a lead instructor to serve as the POC for training session for issues and discrepancies that may arise. The Lead Instructor shall be ADR certified and shall have five (5) years of relevant experience within the past ten (10) years as expert in European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), Transporting Dangerous Goods by Rail (RID), Regulation for Transporting Dangerous Goods by Road, Rail, Ship procedures and processes. The lead instructor shall have at least twelve (12) months of instructional experience in a formal setting. The offeror shall provide proof of lead instructor experience and ADR certification with the offer. Resume shall be provided within five (5) days after contract award to the COR (A.005).

1.10.4. Instructors: The Contractor shall provide fully qualified and ADR Driver certified instructors with a minimum of twelve (12) months relevant experience within the last eight (8) years in the field of hazardous cargo transportation. All instructors shall have at least twelve (12) months of instructional experience in a formal setting The offeror shall provide the KO/COR with a proof of instructors experience and their ADR certifications within five (5) days after contract award (A.006).

1.10.4.2. The contractor shall ensure that all instructors are proficient in the subject matter IAW the POI subjects, and that qualified substitutes are available to meet the requirements. Instruction shall be presented in the English language, and the instructors must be clearly understood by the students.

1.10.4.3. Instructor Resumes: Instructor resumes shall be provided within five (5) days after contract award to the COR. The resumes shall document how each proposed instructor is qualified to teach the program (A.005).

1.10.4.3.1. The Contractor shall provide resumes of replacement and substitute instructors for adherence to contract requirements. Replacement/substitute instructor must meet the level of qualification standards (A.007).

1.10.4.3.2. The Contracting Officer reserves the right to bar from the job site(s) any contractor employee who endangers persons or property, and/or whose behavior is inconsistent with the requirements of this contract. In such cases, the KO will advise the contractor of the reason for barring the employee. The barring of such an employee from the job site shall not relieve the contractor of the requirement to provide sufficient qualified personnel to adequately perform the services as set forth herein.

1.10.5. Contractor Qualification Standards: The offeror shall provide with the offer objective evidence documentation to the KO that demonstrates at least a minimum of three (3) years of relevant experience in performing services of same/similar scope as required in this PWS within the last five (5) years, in the amount of no less than a total amount of $200,000 per year. The Contractor shall be recognized by their appropriate national authority as approved for training to ADR and national dangerous goods road transportation requirements. The contractor must also be authorized by the Polish authorities to conduct classes. Documents must be provided with the offer.

1.10.6. The Contractor shall, by virtue of his expert position in the field of the European hazardous materials road transportation, provide advanced warning of pending national and international changes affecting all areas relating to the driver’s perspective of road transport of dangerous goods. Provide technical interpretation based on experience and/or professional association with responsible parties at the national or international level.

The contractor shall brief the CATC leadership on a regular base at least once a year regarding any changes in

ADR (A.001).

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

1.12.1 Reserved

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

1.13 Contractor Travel: Contractor travel will not be separately priced. All Contractor travel shall be calculated into course cost.

1.14 Other Direct Costs (ODCs): Reserved.

1.15 Data Rights: Reserved.

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

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.18 Non-Disclosure Statements: Reserved.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: Reserved.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: At a minimum, the contractor shall follow safety recommendations and job hazard analysis IAW V CORPS Safety Office Job Hazard Analysis Standard Operating Procedures (V CORPS Regulation 385-1 Revision 2).

http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

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

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1;

will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

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

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

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than

30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

http://www.usace.army.mil/

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.21.1.2 The contractor shall adhere to the Combined Arms Training Center (CATC) Safety SOP to include completing the required Deliberate Risk Assessment Worksheets (DRAWs) for the HAZ11 Classes within five (5) calendar days after course end (A.008).

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

1.22.1 Environmental Compliance Plan and Program: The contractor shall follow Poland environmental policy and any other applicable regulation to ensure the preservation of resources and the environment.

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

1.23.1. Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training thirty (30) day after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) 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.009) for each affected Contractor employee and subcontractor employee to the COR within 10 days after completion of this training by all employees and subcontractor personnel.

AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (A.009) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.009).

1.23.2. OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (A.010). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.010). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months (A.010). Verification of the training shall be provided to the COR within ten

(10) days after completion of the training (A.010).

http://www.cdse.edu/catalog/elearning/GS130.html

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.010).

1.23.3. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after the contract is awarded and within thirty (30) days after new employees commence contract performance (A.011). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.011). Training slides can be found: https://home.army.mil/bavaria/application/files/1715/7857/7112/iWatch_Trifold_English.pdf

1.23.4. Information Assurance (IA) Training: Reserved.

1.23.5 Personally Identifiable Information (PII): Reserved.

1.24 Authorization to Perform Services in Germany: Reserved

1.25 Notice to Proceed: Reserved

1.26 Electromagnetic Compatibility Directive: Reserved.

1.27 Government Property and Services: Reserved.

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: 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 CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CMTT Combined Arms Mobile Training Team CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative

COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit UNECE United Nations Economic Commission for Europe

USAREUR U.S. Army Europe UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services:

3.2. Facilities: The Government will provide the following:

3.2.1. Training Facilities: The Government will provide classrooms.

3.3. Utilities: The Government will provide all utilities in the training facility and in the office(s) for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities. The contractor shall use the lights only in areas where and when work is actually being performed, also the water faucets and/or valves after use shall be turned off. The contractor shall not adjust mechanical equipment controls for heating, ventilation and air conditioning systems.

3.4. Equipment:

3.4.1. The Government will provide training aids listed in the POI to conduct practical exercises.

3.5. Special Tooling and Test Equipment: Reserved.

3.6. Materials and Support:

3.6.1. The Government will furnish to the contractor Army regulatory and policy changes. The Government will furnish to the contractor all publications listed in the POI at the time of award. All electronic data and necessary forms will also be provided. The Government will provide resupply of all publications to the contractor free of charge. Re-supply is based on fair wear and tear and the issuance of updates and new publications.

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

3.8. Common Access Cards (CAC): Reserved

3.9 Base Access: Contractor shall receive access to to U.S. bases in Poland to conduct HAZ11 training.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1. General: The Contractor shall provide all materials and services not specifically identified in section 3 as Government provided, but which are necessary to perform the requirements of this contract according to all its terms. The below is a specific list of items, although not all inclusive, that shall be provided as Contractor furnished items. All contractor provided materials shall be included in the course cost.

4.2. Secret Facility Clearance: Reserved

4.3. Materials: The contractor shall furnish all materials required for instruction including, but not limited to the course workbooks, student handouts, audiovisual aids, graphic training aids, charts, diagrams, and practical exercises, and test exams not otherwise provided by the Government (including all audio visual materials).

The quantities of provided material shall meet the student’s requirement.

4.3.1. All Contractor furnished materials such as student workbook, books, student handouts and practical exercises shall exhibit high print book quality and shall be provided to all students in a suitable folder to keep.

4.3.2. The Contractor shall develop and provide course material to cover all lessons in the attached POIs in the English language. A student workbook and student handouts are required as part of the course.

4.3.3. The contractor shall provide materials required to perform demonstrations identified in the POI, page 4-1, Section IV.

4.3.4. All other consumable, non-consumable and safety materials required to perform demonstrations and practical exercises required in the execution of the POI.

4.4. Vehicles and Equipment: Reserved

4.5 Background Checks: All personnel working under this contract must have a Police Clearance Certificate.

4.6. ADR cards: The Contractor shall provide an ADR Photo ID certificate attesting to the fact that the driver was instructed IAW the ADR training requirements to each successful graduate. The fotos for the ADR cards will be taken by an external photographer free of charge for the Soldiers. Replacement ADR cards when Soldiers lost them will be provided free of charge.

4.7 Translator: The Contractor shall provide a qualified licensed translator for the ADR exams.

PART 5

SPECIFIC TASKS

5.1. Basic Services: The contractor shall provide instructional services in Hazardous Material Driver Training (HAZ11). The current program of instruction is tailored to the US military. It is approved by the respective Government for consolidated instruction and certification for BASIC, TANK, and CLASS 1 ADR instruction modules.

5.1.1. Course Schedule:, Unit funded CMTTs are scheduled as requested. The contractor shall schedule ADR course’s within fifteen (15) calendar days of issuance of task order or DD Form 1155, Order for Supplies or Services. The contractor shall provide scheduled courses for the month of xxxx in a timely manner and as scheduled. At a minimum, the contractor shall be expected to deliver two (2) courses of instruction simultaneously in Poland between 0730 and 1730 hours, Monday through Sunday. Hours of instruction will be determined by the schedule submitted to the contractor.

5.1.2. Each CMTT will be reviewed, evaluated, and approved separately by CATC to ensure that training will be possible at the unit’s location.

5.2. Tasks:

5.2.1. Course Descriptions:

5.2.1.1. Hazardous Material Driver Training Course (HAZ11). The contractor shall provide standardized hazardous material driver training to certify USAREUR-AF hazardous material drivers under the respective Government’s Ministry of Defense directive, Training Hazardous Materials Drivers within USAREUR-AF Forces. This course is designed to provide training for drivers directly involved in transporting ammunition, explosives, and POL in bulk quantities in tanker vehicles and teaches the rules and regulations of transporting hazardous materials on European roads. The training shall include USAREUR-AF and host-nation legislation (to include all European countries), transport of hazardous cargo, physical and chemical properties of hazardous materials, packaging and labeling of cargo, placarding and marking of vehicles and containers, extinguishing fires.

NOTE: Each successful graduate of the course will receive a five (5) year ADR certificate (issued by the contractor’s Government), which authorizes the student driver to…