PWS_Liason Services-Bucharest.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Romania Local National Liaison and Admin Services for the USNATO Brigade, Bucharest, Romania, December 2021

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide local national Liaison and Administrative Services to the USNATO Brigade, Bucharest, Romania. 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: This Performance Work Statement (PWS) specifies the liaison support and administrative assistance to be performed between host nation organizations on behalf of the US personnel assigned to USNATO Brigade. The Community Relations Services needs of the U.S. Military and Civilian personnel at USNATO Brigade are not being met. The population, which consists of Soldiers and Civilians, have no access to Community Relations Services in the local area.

1.3 Scope: The Contractor shall provide non-personal service(s). The Contractor shall provide all personnel, equipment, supplies, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents, and assume responsibility for planning, programming, administering, managing, and executing all functions necessary in order to complete the tasks specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.) and Romanian local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents.

1.4 Objectives: The objective of this contract is to perform designated tasks for the US NATO Brigade, with qualified staff, to assist in dealing with routine contacts, communications and coordination with civilian and military leaders at the local, regional and national levels. Services rendered under this contract will also provide for liaison support and administrative assistance on behalf the US personnel assigned to the USNATO Brigade.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) calendar days after date of contract award (Deliverable # 1)

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days. If the Government has provided comments, the Contractor shall then have three (3) 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 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

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

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

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

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

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

i.

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

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within twenty four (24) working hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) workdays. (Deliverable # 2).

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

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

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January

Presidents Day 3rd Monday in February Memorial Day last Monday in May

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

1st of January New Year’s Day

3rd of March Romania Liberation Day

17th of April Good Friday (Eastern)

17th of April Orthodox Good Friday

19th/20th of April Orthodox Easter/Easter Monday

1st of May Labor Day

6th of May Saint George's Day (Eastern)/ Đurđevdan

24th of May Slavonic Literature and Culture Day

25th of May Day of Slavonic Alphabet, Romanian Enlightenment and Culture

6th of September Unification Day

22nd September Independence Day

24th of December Eastern Orthodox Christmas Eve

25th of December Orthodox Christmas Day

26th of December 2nd Day of Christmas (Eastern)

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0800 to 1600, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. When necessary, teleworking is allowed when approved by the NSE NCOIC or local SNR.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0800-1600, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings unless directed otherwise by the Contracting Officer. 0800-1600, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings unless directed otherwise by the Contracting Officer.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0800-1600, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings unless directed otherwise by the Contracting Officer. The Contractor shall ensure uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Contractor maybe required to work some weekends and overtime, as needed.

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.) The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within thirty ( 30) calendar days after date of contract award (Deliverable # 3) The Government will review and either accept or return their comments to the Contractor within ten (10) calendar days. The Contractor shall then have three (3) calendar days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) calendar days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this contract will be performed primarily at the Multi-National Division Southeast (MND-SE), BUCHAREST SOSEAUA ANTIAERIANA NO 6 – 8

SECTOR 5 ZIP CODE 511011 ROMANIA.

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

1.6.1 Security Program: Contractor personnel performing work under this contract must have a local security background check and unclassified security clearance at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the Department Of Defense Contract Security Classification Specification (DD Form 254).

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have a valid NATO Security Clearance at the UNCLASSIFIED level in the Joint Personnel Adjudication System (JPAS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the Department of Defense Contract Security Classification Specification DD Form 254. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with Federal Acquisition Regulation (FAR) 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.”

The Contractor shall ensure the employee complies with the Department of Defense Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor.

1.6.3 Installation Access: Reserved.

Upon the termination of employment or termination/cancellation of this contract, the Contractor is responsible to collect the installation access passes. The contractor shall collect the installation access passes the same day employment of an individual has expired/terminated, and shall return them to the issuing office within three (3) workdays.” 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 19016) Installation Access Control or (AE) Regulation 604-1 for Romanian 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.

1.6.3.1 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) work days.

1.6.3.2 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) work days. (Deliverable # 4)

1.6.3.3 Common Access Cards (CAC): contractor personnel performing work under this contract are required to obtain a US CAC Card.

1.6.4 Background Checks: See clause 5152.204-4008-Background Checks (June 2016) – U.S. and Host Nation Contractors. The contractor shall provide an installation pass log within [thirty (30)] calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within five (5) calendar days after changes.

1.6.4.1 U.S. Citizen: Reserved

1.6.4.2 Local Nationals and Third Country Nationals: (Romanian) Local national and third country national Contractors shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a criminal record certificate, issued within the previous four months, no later than five (5) calendar days after contract award (Deliverable # 5). Forwarding correspondence from the Contractors shall identify the associated contract number.

The Requiring Activity Manager will determine the favorability of the criminal record certificate and notify the Contractor. The Contractor shall forward a copy of unfavorable criminal record certificate to the Contracting Officer via the COR and the Requiring Activity Manager within three (3) calendar days of receipt, (Deliverable # 6) identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable). (Deliverable # 7).

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

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

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor.

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

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 follow personnel are considered key personnel by the government: HN Liaison Officer. The HN Liaison Officer. Shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the primary when the primary is absent shall be designated in writing to the contracting officer. The HN Liaison or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The HN Liaison or alternate shall be available between the hours of 8 AM to 4:00 PM, Monday thru Friday, except recognized local Romanian holidays stated in paragraph1.5.3.2. Qualifications for all key personnel are listed. (Deliverable # 8)

a. See also para. 1.10b and c). The contractor must demonstrate they are capable of proficiently speaking, reading, and writing in the English language as indicated by the NATO IS Levels on the Language Level Equivalencies Chart. The Contractor shall provide a memorandum certifying that the Liaison performs at a Level V standard or above (See Technical Exhibit A: Language Level Equivalencies). The contractor shall provide the proper registration and all required background checks required to obtain access to U.S. facilities within Romania necessary to conduct business in compliance with Host Nation laws. Contractor shall be familiar with Microsoft

Office (i.e. Word, Excel, PowerPoint, Outlook). Must have a valid driver’s license to be able to use Government vehicles as required on a daily basis.

STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates, and adhere to all industry standards. AQL:

100% Compliant

b. Special Qualifications: The Contractor shall ensure all key personnel performing the tasks as outlined under this PWS have the following requirements as part of their CVs. Interpreting: Ability to interpret from Romanian into English and vice versa during official discussions, meetings, and conferences on technical subject matters, where fluent and factually accurate rendition of fine linguistic differentiation's, idiomatic, or technical expressions and slight shades of meaning are essential.

c. Education and Experience: The below experience is highly recommended to perform the key tasks under this contract:

(i) Fluency in HN native language at the professional level

(ii) Background in HN Administrative Law

(iii) Post graduate educational background in Law or Political Science or Public Administration or International Relations

(iv) Experience in Community Relations

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 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance within ten (10) calendar days after contract award (A, 12). Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars.

All Contractor correspondence (written, facsimile, and email display) shall include their company name.

Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4. Deliverable # 9). 1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) (Deliverable # 10)

1.13 Contractor Travel: The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Joint Travel Regulation (JTR), IAW FAR Part 31.205-46, and the limitation of funds specified in this contract. All travel requires Government approval and authorization fourteen (14) calendar days prior to scheduled travel. Travel- related expenses to include transportation, lodging, and meals shall be provided by the US

Government. Travel documents, such as passports and visas, shall be the responsibility of the Contractor. The Contractor shall plan for the requirement of no more than one (1) employee to travel (not over night) to MK Romania for one (1) day up to twice a week for the duration of the contract. Travel to other government facilities or other contractor facilities may be required. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to local policy & procedures), and must receive final COR approval. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs (subject to local policy & procedures; may reference FAR). A rental car or a TMP will be provided.

1.14 Other Direct Costs (ODCs): Reserved

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements: 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: The Contractor shall provide signed non-disclosure agreements to the Government no later than fourteen (14) calendar days (A.13) prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract. (Deliverable # 11)

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 (Deliverable # 12). 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: A mobilization period of up to eight days (8) from the date of contract award to the official start of services is allowable.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: Contractor personnel shall comply with U.S. Army Europe, and all Installation Safety Rules and Regulations. When visiting construction sites and where applicable the Contractors employees shall wear their Personal Protective Equipment

(PPE).

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 385-11;

will be reviewed for acceptance by designated Government personnel (A.15). 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 Romanian Safety and Health Protection Regulation for Construction Sites, 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).

(b) If the Contractor determines that local laws apply, 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 complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than thirty ( 30) calendar days indicating that such notifications were made.

1.21.1.3 N/A

1.22 Environmental Compliance: The Contractor shall meet all U.S and Romanian local environmental regulations on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: Reserved

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

1.23.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within thirty

(30) calendar days after contract start date. All contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within thirty (30) calendar days after contract start date. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based contractor employees and associated sub-contractor employees. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within ten (10) calendar 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 must complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

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

1.23.3 iWATCH Training: The contractor and all associated subcontractors will 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 will be completed within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded. Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.23.4 Information Assurance (IA) Training

1.23.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within 7 calendar days (A.18) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or seven (7) calendar days after employment of new personnel. Verification of the training shall be provided to the COR within three (3) calendar days after completion of the training.

1.23.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment.

Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.23.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Verification of registration shall be provided to the COR within 3 calendar days after registration. . Contractor personnel must complete refresher training every twelve (12) months Verification of the training shall be provided to the COR within (3) calendar days after completion of the training.

1.23.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion. Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm

1.24 Authorization to Perform Services in Romania

1.24.1 Contractors performing services in Romania shall comply with FAR Subpart 22.3 - Contract Work Hours and Safety Standards Act. The Contractor shall determine whether performance requires registration with local authorities or authorization to do business in Romania and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Romania. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

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

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

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

1.25 Notice to Proceed: Reserved

1.26 Electromagnetic Compatibility Directive: Reserved

1.27 Government Property and Services: Reserved.

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: 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 1.6022 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 7013, 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.

Curriculum Vitae (CV) - means “course of life”) is a detailed document highlighting your professional and academic history. CVs typically include information like work experience, achievements and awards, scholarships or grants you have earned, coursework, research projects and publications of your work. You may be asked to submit a CV when applying for jobs in academia or a job outside the US.

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…