PWS Maintenance Railroad Ansbach 8JUL2026.docx

Performance Work Statement (PWS) Base Operations and Maintenance Contract

7 JULY 2025

Inspection and Vegetation Control for Railroad Infrastructure and Facilities at

USAG Ansbach DPW, O&M Division

Katterbach (Katterbach Kaserne) Illesheim (Storck Barracks)

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 services contract to provide Base Operation and Support Services for the U.S. Army Garrison Ansbach at Katterbach- Katterbach Kaserne , Illesheim-Storck Barracks and the Bridge in Oberdachstetten Frankenkaserne. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non- personal services necessary as defined in this PWS. The Contractor is responsible for providing all approved and calibrated equipment and man power for inspection, vegetation control and basics service.

1.2 Background:

Based on the regulations and guidelines referenced in Part 6 below, the infrastructure of the railroad including the connected facilities needs periodic interval inspections and vegetation control to fulfill the mandatory requirements given by host nation law EBO(A), DIN 1976 and connected sub regulation Ril. This non-personal services contract is to provide inspection and vegetation control including basic services. 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

1.3 Scope:

The Contractor shall provide non-personal service(s) to provide Base Operation and Support Services for the U.S. Army Garrison Ansbach at Katterbach- Katterbach Kaserne , Illesheim-Storck Barracks and the Bridge in Oberdachstetten Frankenkaserne. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non- personal services necessary as defined in this PWS. The Contractor is responsible for providing all approved and calibrated equipment and man power for inspection, vegetation control and basics service.

1.4 Objectives:

The objective of this contract is to provide complete and all required inspections and vegetation control with basic services on the railroad and facilities at USAG Ansbach Katterbach Kaserne, Katterbach and Storck Barracks, Illesheim. The inspection and vegetation control includes all mandatory directions given by host nation regulation EBO (A) with the corresponding needs given by Ril in accordance with sub regulation guidelines and modules. All work not specifically mentioned, which is required to ensure that inspection and vegetation control is complete and is within the intent of this contract, shall be performed without additional cost. Contractor shall perform, coordinate and complete the requirements of the contract in cooperation with any other contractors or trades performing work at USAG Ansbach promptly and diligently as required by the standards of this contract.

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

1.5 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) work days after date of contract award (Deliverable #A001)

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) work days. If the Government has provided comments, the Contractor shall then have three (3) work 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 calender 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 inventory and track maintenance of all Government Provided Equipment / Materials?

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

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

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty (30) calender 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 three (3) working hours of identifying those issues. Verbal reports shall be followed up by written reports within three (3) work 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).

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

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

Christmas Day December 25th

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

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0730 to 1600, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above and Host Nation Holidays identified in paragraph 1.5.3.2 or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0730 to 1600, Monday through Friday. The Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of. 0730 to 1600, Monday through Friday and state whether the facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

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, and the timeline, The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within (10) work days - after date of contract award (Deliverable #A002). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) work days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: USAREUR 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 at USAG Ansbach Katterbach, Katterbach Kaserne and Illesheim Storck Barracks. USAG Ansbach Katterbach, Katterbach Kaserne and Illesheim Storck Barracks.

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 Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: https://www.aepubs.eur.army.mil/AE-Regulations/?smdsearch8659=AE%20Regulation%20190-16

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award (Deliverable #A003). The log must at a minimum contain the following information: Name and Passport number. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable #A003).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within within three (3) work days (Deliverable #A004).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within five (5) work days (Deliverable #A004).

1.6.3.4 Common Access Cards (CAC): N/A

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.

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than no later than five (5) days after contract award (Deliverable #A005). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within 5 work days of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. 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, and Quality Control Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than during the post-award meeting (Deliverable #A006). The Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager shall be available between Monday till Friday from 08.00 hrs till 16.00 hrs.

a) Quality Control Manager: The Contractor shall designate a QCM performing on-site inspection during normal duty hours. As a minimum, the QCM shall possess work experience in process control, quality data analysis, quality auditing, statistical sampling, and subcontractor quality control (Deliverable #A007a). The QCM shall have at least two (2) years of relative experience, and shall be responsible for the overall management and implementation of the Contractor's Quality Control Plan.

b) Special Qualifications: Prime Contractor: The work asked for in this PWS is to be accomplished by a contractor in the railroad field. The contractor shall assure that in general all his staff (inclusive the personnel of the subcontractor companies) have the adequate qualification as directed in VDV 754 Guideline on the Qualification of Employees in Railways Operations (Richtlinie ueber die Befaehigung von Mitarbeitern im Eisenbahnbetrieb) for the necessary work and inspections.

c) Prime Contractor/Subcontractor: Either the prime contractor or a Sub-Contractor to be named shall be certified IAW 1.10 b). Valid Certification therefore shall be provided with the submission of the bid. The COR shall to get a list for the manpower, vehicles and instruments in use to cover the service under this contract as directed IAW EBO (A),. The list of the manpower, vehicles and instruments in use shall be provided for each POP under this contract (prior to the start of the option years) (Deliverable #A007b).

The contractor shall record each specific inspection and work completed at tracks, railroad bridges, railhead ramps, switches, railroad crossings, railroad culverts, railroad dams or fix or movable bumpers under the respect of VDV Communication 7509/ Records for Railways according to § 4 para. 2 AEG (VDV-Mitteilung 7509 – Aufzeichnungen fuer Eisenbahnen nach § 4 Abs. 4 Satz 2 AEG).

For the main inspection of the railhead head, bridges, culverts and dams qualified experts must perform the work according to the valid RIL regulations of the Deutsche Bahn AG to cover the needs IAW EBO(A) (Regierung von Mittelfranken Landeseisenbahnaufsicht Merkblatt Bauwerkspruefung – Bauwerke der nichtbundeseigenen Eisenbahnen in Bayern inspizieren und dokumentieren) for the specific engineering discipline.

For the inspection of the technical unsecured railroad crossings along the tracks for USAG Ansbach Katterbach Kaserne and Storck Barracks Illesheim the RIL of Deutsche Bahn AG or the BUE-NE regulation shall be effective.

Years of Experience: In addition, Contractor shall provide evidence that all performing personnel have a minimum experience of two (2) years in the respective field of performing inspection and vegetation control on railroads and railroad facilities (Deliverable #A007c).

This could be confirmed with either a written confirmation of qualification from the company head, confirming a 3-year of service in the task field to the COR. The Contractor shall provide respective evidence with the submission of his bid and within five (5) calendar days new staff is hired.

1.11 Identification of Contractor Employees:

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

1.11.1 RESERVED

1.11.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor personnel changes. (Deliverable #A008)

1.12 Contractor Travel:

RESERVED

1.13 Other Direct Costs (ODCs):

RESERVED

1.14 Data Rights:

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

1.15 Non-Disclosure Requirements:

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

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

1.17 Non-Disclosure Statements:

RESERVED

1.18 Organizational Conflict of Interest (OCI):

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (Deliverable #A009). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period:

N/A

1.20 Safety:

The following provides information pertaining to Safety and Accident Prevention:

1.20.1 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 especially EBO (A).

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 (Deliverable #A010). 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.

1.20.1.1 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.

1.20.1.2 For all services, the Contractor must organize its own safety measures in accordance with the applicable accident prevention regulations as listed below:

· DGVU Vorschrift 1 (BGV A1) Grundsaetze der Praevention (Principles of Prevention)

· DGVU Vorschrift 72 Eisenbahnen (Railways)

· DGVU Vorschrift 73 (BGV D30) Schienenbahnen (Railways)

· DGVU Vorschrift 77 (BGV D33) Arbeiten im Bereich von Gleisen (Working in the vicinity of tracks)

· DGVU R 114-002 (BGR 122) Betrieb von Funkfernsteuerungen bei Eisenbahnen (Operation of radio remote controls on railways)

· Warnkreuz spezial Nr. 29 Sicherheit und Gesundheitsschutz fuer Lokrangierfuehrer (Safety and health protection for locomotive shunting drivers)

· Warnkreuz spezial Nr. 16 Verschieben von Eisenbahnfahrzeugen (Moving railway vehicles)

· Warnkreuz spezial Nr. 14 Kleidung fuer Rangierer (Clothing for shunters)

· DGVU Information 212-016 (BGI 8591) Warnkleidung (high-visibility clothing)

· DGVU Information 212-052 (BGI 8601) Rangieren sowie zugehoerige Taetigkeiten (Shunting and related activities)

· BGI 529 Rangieren bei Eisenbahnen (Shunting on railways)

· BGI 834 Sicheres Verhalten betriebsfremder Personen im Gleisbereich (Safe behavior of non-operational persons in the track area)

1.21 Environmental Compliance:

The following provides information on Environmental Compliance.

1.21.1 Environmental Compliance Plan and Program:

The Contractor shall ensure that all of its operations and activities conform to the USAG Ansbach environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Ansbach installations are conducted in accordance with the USAG Ansbach Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable German environmental laws/standards.

If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/Contracting Officer Representative (COR) of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division (Deliverable #A011).

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

“The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department at CIV 09841-70-587-0015.

“The Contractor shall contact the COR or the USAG Ansbach Directorate of Public Works-Environmental Division (DPW-ED), DSN 587-1673, CIV 9641 70 587 1673, Bldg. 5843-b, Bismarck Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

1.22 Required Training:

The following provides information on training requirements.

1.22.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within five (5) work days (Deliverable #A012) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or five (5) work days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable #A012) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within five (5) work 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 (Deliverable #A012) 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 five (5) work days after completion of the training (Deliverable #A012).

1.22.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) of employment under this contract (Deliverable #A013). Verification of the training shall be provided to the COR within thirty (30) after completion of the training (Deliverable #A013). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (Deliverable #A013). Verification of the training shall be provided to the COR within thirty (30) after completion of the training (Deliverable #A013).

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 thirty (30) after completion of the training (Deliverable #A013).

1.22.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) after the contract is awarded and within ten (10) calender days after new employees commence contract performance, with the results reported to the COR within 30 after the contract is awarded and within 30 after new employees commence contract performance (Deliverable #A014). Verification of the training shall be provided to the COR within 30 after completion of the training (Delivererable #A014). Training slides will be provided by USAG Ansbach Antiterrorism Officer through the COR.

1.22.4 Information Assurance (IA) Training

RESERVED

1.22.4.1 N/A

1.22.4.2 N/A

1.22.4.3 N/A

1.23 Authorization to Perform Services in Germany

1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

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

1.23.3 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.

1.24 Notice to Proceed: Reserved

1.25 Electromagnetic Compatibility Directive:

The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.26 Government Property and Services:

RESERVED

1.27 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.

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

Contract Administrator (CA). The official Government representative delegated authority by the KO to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters.

Contract Discrepancy. A failure of the Contractor to perform IAW contract requirements and specifications, e. g., a failure of the Contractor to provide, or provide on time, the required contract products or services; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

Contract Discrepancy Report (CDR). A report used to document other than satisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is other than satisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

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.”

Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

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 (CAP) - 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.

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

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

Frequency. The number of times collection is performed during a specific time frame.

Generation. The act or process of producing refuse (solid waste) or recyclable materials.

Government-furnished property (GFP). 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.

Hazardous Material. Any item or chemical, which is a “health hazard”, or “physical hazard”, as reflected in Federal Standard (FED-STD) 313 Material Safety Data and Disposal Data for Hazardous Materials Furnished to Government Activities, defined in OSHA 29 CFR 1910, and pursuant to FAR 23.301 (Hazardous Materials) Definition. It also includes any other material designated by a Government COR/technical representative as potentially hazardous and requiring safety controls (e.g., pestidicides, fertilizers).

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.

Key Personnel. Contractor personnel evaluated in a source selection process and are used in the performance of a contract.