PWS NEPA conservation.docx

PERFORMANCE WORK STATEMENT (PWS)

NEPA Consultation and TES Management USAG Stuttgart DPW Environmental Division 20 March 2026

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 National Environmental Protection Act (NEPA) consultation, services and habitat management.

1.2 Background: All natural resources conservation measures and military operations at US Army Garrison (USAG) Stuttgart are integrated and consistent with stewardship and legal requirements. Management of natural resources in an around USAG Stuttgart support the garrison’s mission, while protecting and enhancing garrison resources for multiple use, sustainable yield, and biological integrity. These actions conform to the Final Governing Standards for Germany (GFGS) and Host Nation requirements such as the German federal nature protection act (Bundesnaturschutzgesetz) – the equivalent to NEPA.

1.3 Scope: The Contractor shall provide non-personal service(s). The contractor shall provide all personnel, equipment, supplies, facilities, transportation, 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 services shall be provided on-site within the United State Army Garrison (USAG) Stuttgart. The contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.

1.4 Objectives: The efforts within in this PWS support the DoD Manual for Integrated Natural Resources Management Plan (INRMP) Implementation. DoDM 4715.03 states, “Natural resources management priorities that ensure compliance with legal requirements and ongoing stewardship responsibilities, as well as goals and objectives that are clear and practical and that the DoD Components can assess for adaptive management.” Adaptive management is an integral part of the INRMP program and in order to adaptively manage natural resources, all management actions must be periodically evaluated for efficacy. All data collected/updated described in this PWS will be used to directly support the INRMP program and will be used for INRMP documentation updates.

1.5 General Information

1.5.1 Quality Control Plan (QCP): Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality service to the Government (see Federal Acquisition Regulation (FAR) 52.246-1 Contractor Inspection Requirements). The Contractor’s quality control program is the means by which it assures the Government that its work complies with the requirements of the contract.

The Contractor shall submit a Quality Control Plan (QCP) that demonstrates an effective quality control program to ensure services are performed in accordance with this PWS. The QCP shall implement standardized procedures/methodologies for monitoring and documenting contract performance to ensure all contract requirements are met. The QCP must contain a systematic approach to monitor operations to ensure acceptable services are provided to the Government.

The QCP, at a minimum, shall address:

· continuous process improvement;

· procedures for scheduling, conducting and documentation of inspection;

· discrepancy identification and correction;

· corrective action procedures to include procedures for addressing Government discovered non-conformances;

· procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies;

· procedures for trend analysis;

· procedures for collecting and addressing customer feedback/complaints.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within thirty (30) days after date of contract award (Deliverable #A.001).

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) days. If the Government has provided comments, the Contractor shall then have five (5) 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 thirty (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.

1.5.1.1 Reserved.

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 4 working hours of identifying those issues. Verbal reports shall be followed up by written reports within 3 days. (Deliverable #A.002).

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 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. The contractor is required to perform services on holidays.

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

German national and state of Baden-Wuerttemberg holidays are:

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 German and U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0700 to 1700 Monday through Friday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0000 to 2400 Monday through Sunday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.3.1 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 Draft of Work Plan shall be submitted to the Contracting Officer via the COR for review within twenty (20) days after date of contract award. The Government will review and either accept or return their comments to the Contractor within ten (10) days). The Contractor shall then have five (5) days) to submit a Final Work Plan (Deliverable #A.003). 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 throughout the United States Army Garrison (USAG) Stuttgart:

- Kelley Barracks

- Patch Barracks

- Panzer Kaserne

- Stuttgart Army Airfield (SAAF)

- Robinson Barracks

- Kornwestheim Golf Course

- Training Area Boeblingen

- Admin Facility Olgastrasse

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 provide at least three (3) persons that will obtain installation passes with sign-in privileges, as they are responsible for escorting and supervising subcontractors and occasional on-site prime contractor employees while on the U.S. installation.

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/

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within twenty (20) days after contract award (Deliverable #A.004). The log must contain at a minimum the following information of each employee: First Name, Last name, Installation Pass number and Expiring Date of Installation Pass. 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 #A.004).

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 three (3) days (Deliverable #A.005).

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 three (3) days (Deliverable #A.005).

1.6.3.4 Common Access Cards (CAC): Reserved.

1.6.3.4.1 Reserved.

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

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activities Security Manager through COR will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activities Security Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activities Security Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activities Security Manager. The Contractor shall forward a copy to the KO via the COR and the Requiring Activities Security Manager of each favorable background check within thirty (30) days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #A.006). The Contractor shall forward a copy to the KO via the COR and the Requiring Activities Security Manager of each unfavorable background check within three (3) days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #A.009). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

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 Activities Security Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the KO via the COR and the Requiring Activity Manager a Police Good Conduct Certificate - PGCC (Polizeiliches Führungszeugnis), issued within the previous four months, no later than thirty (30) days after contract award (Deliverable #A.007). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Police Good Conduct Certificate - PGCC (Polizeiliches Führungszeugnis) and notify the Contractor. The Contractor shall forward a copy of unfavorable Police Good Conduct Certificate - PGCC (Polizeiliches Führungszeugnis) to the KO via the COR and the Requiring Activity Manager within three (3) days of receipt, identifying such with the appropriate contract number (Deliverable #A.007). 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). IAW AER604-1, all on-site Contractors, regardless of nationality, must be living in the Host Nation for a minimum of one year. Proof of residency must be provided.

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: Program Manager (PM)/Alternate Program Manager (APM), Quality Control Manager (QCM) and Geodatabase Systems Administrator. The Contractor shall provide a Program Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program Manager, who shall act for the Contractor when the Program 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 ten (10) days after contract award (Deliverable #A.008). The PM/APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM/APM shall be available between 0900 -1700 on workdays. Qualifications for all key personnel are listed below:

a. Program Manager and Alternate Program Manager: The CV provided by the PM and APM must demonstrate:

· At a minimum, a master’s degree in environmental sciences, biology or geography

· Minimum of 10 years’ respectively 5 years’ expertise in implementing European Natural Resources Law to include Natura 2000 legislation (biotope conservation measures, restoration projects, documentation of habitat maintenance measures)

· Minimum of 10 years’ experience in project cost analysis

· Minimum of 5 years’ experience within the past 10 years, working as a Program Manager

· Minimum of 5 years’ experience within the past 10 years, managing U.S. Army projects including projects on active military training areas.

· Minimum of 10 year’s respectively 5 years’ experience in environmental impact assessments and environmental construction oversight

· working knowledge of the Threatened and Endangered Species (TES) relevant to the USAG Stuttgart’s natural resource program, or at a minimum, knowledge of comparable nature conservation programs at any other U.S. Army Garrison in Germany

· Ability to understand, speak, read, and write the English and German language to meet the “English/German Language Fluency Clarification” Level III (ref. Attachment 3)

b. Quality Control Manager (QCM): The Quality Control Manager must demonstrate:

· Minimum of 4 years’ experience within the past 10 years, working as a Quality Control Manager

· Ability to understand, speak, read, and write the English and German language to meet the “English/German Language Fluency Clarification” Level III (ref. Attachment 3)

1.10.1 Special Qualifications: In order to fulfill all tasks of Part 5 – Specific Tasks within this PWS in an acceptable quality the Contractor must provide the following professional experts:

1.10.1.1 Advisory Services: The Contractor shall provide a minimum of:

Advisory #1 Senior Biologist/Botanist/Zoologist

Advisory #2 Staff Level Biologist/Botanist/Zoologist

Advisory #3 Landscape Planner

Advisory #4 Landscape Manager

1.10.1.2 Database and Geospatial Data Updates: The Contractor shall provide a minimum of:

Data Management #1 Geodatabase Systems Administrator

· Minimum of four (4) years’ experience with implementing the Spatial Data Standards for Facilities, Infrastructure and Environment (SDSFIE)

· Master’s degree in Geographical Information Science and Systems

Data Management #2 Geodatabase Operator

· Minimum of two (2) years’ experience with implementing the Spatial Data Standards for Facilities, Infrastructure and Environment (SDSFIE)

· Bachelor’s degree in Geographical Information Science and Systems or Physical Geography

1.10.1.3 Historic Fruit Tree Preservation: The Contractor shall provide a minimum of:

Professional #1 Arborist - Pomiculture expert

1.10.2 Field Survey Personnel: The Contractor shall ensure all field personnel have at least 1 year experience working on military installations including active Training Areas. Contractor personnel performing fieldwork shall have Level 2 (limited knowledge) in the German language (English language fluency is not required). Fieldwork personnel must demonstrate five (5) or more years’ experience in natural resources management (biotope conservation measures, restoration projects, documentation of habitat maintenance measures). Potential subcontractor personnel will provide level of experience in nature conservation by project reference.

The contractor shall provide qualified field work personnel as required for each species group:

· Botanist – Vegetation & Plants expert: The Botanist must have a completed degree (Diploma/MSc/BSc) in Biology, Landscape ecology, and similar studies and demonstrate a minimum of 3 year experience, working as Field Botanist.

· Zoologist – Bat expert: The Bat expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Bat surveyor.

· Zoologist – Bird expert: The Bird expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Bird surveyor.

· Zoologist – Amphibian & Reptile expert: The Amphibian and Reptile expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Amphibian & Reptile surveyor.

· Zoologist – Butterfly & Moth expert: The Butterfly & Moth expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Butterfly & Moth surveyor.

· Zoologist – Locust & Dragonfly expert: The Locust & Dragonfly expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Locust & Dragonfly surveyor.

· Zoologist – Tiger Beetle expert: The Tiger Beetle expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Tiger Beetle surveyor.

· Zoologist – Xylobiontic Beetle expert: The Xylobiontic Beetle expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Xylobiontic Beetle surveyor.

· Zoologist – Wild bee expert: The Wild bee expert must have a completed degree (Diploma/MSc/BSc) Biology, Landscape ecology, Physical Geography, and similar studies and demonstrate a minimum of 3 year experience, working as Wild bee surveyor.

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

1.12.1 Reserved.

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges. 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 #A.004)

1.13 Contractor Travel: The Contractor may be required to travel to the places of performance during the performance of this contract to attend meetings and to perform the tasks described in Part 5. The Contractor shall provide the personnel with sufficient capability to independently travel between USAG Stuttgart installations without no extra costs to the Government.

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: Reserved.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (Deliverable #A.009). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: Reserved.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

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.

1.21.1.1 Before initiation of field work at the job site, a Health and Safety Plan (HASP). The HASP shall comply with the requirements in EM385-1 and will include an Activity Hazards Analysis. All personnel conducting field work shall attend a briefing on potential unexploded ordinance (UXO). The Contractor will incorporate their awareness of UXO into the HASP. After the HASP is reviewed and approved by the COR, the Contractor may start with field work.

1.21.1.2 Specific requirements for development of the Health and Safety 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. (Deliverable #A.009)

1.21.1.3 Reserved.

1.22 Environmental Compliance: Reserved.

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: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training (Deliverable #A.010) within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or ten (10) 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 #A.010) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within three (3) 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 #A.010) 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 three (3) days after completion of the training (Deliverable #A.010).

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (Deliverable #A.011). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (Deliverable #A.011). 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 #A.011). Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable #A.011).

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 three (3) days after completion of the training (Deliverable #A.011).

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and within ten (10) days after new employees commence contract performance, with the results reported to the COR within thirty (30) days after the contract is awarded and within ten (10) days after new employees commence contract performance (Deliverable #A.012). Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable #A.012). 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: Reserved.

1.23.5 Personally Identifiable Information (PII): Reserved.

1.24 Authorization to Perform Services in Germany

1.24.1 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.

1.24.2 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.

1.24.3 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

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired property – means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished property – means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property – means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator – means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Day – The number of hours per day the Contractor provides services in accordance with the contract.

Work Week – Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.