PWS Tree Maintenance_8_July_2025.pdf

AUG 22

PERFORMANCE WORK STATEMENT (PWS)

Tree Maintenance and Storm Damage Removal within USAG Wiesbaden

08 July 2025

Part 1 General Information

1. General: This is a non-personal services performance work statement (PWS) under which certified arborist services and storm damage removal within the United States Army Garrison Wiesbaden (USAG-W) footprint shall be provided. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal services PWS to provide certified arborist services within USAG Wiesbaden (See Attachment 5). This concerns Operations and Maintenance Army (OMA) and Army Family Housing (AFH) areas in accordance with tree assessment results. This PWS also includes removal of hazardous trees resulting from storm damages in the USAG-W footprint whenever required.

1.2 Background: USAG Wiesbaden Aukamm, Crestview, and Hainerberg areas contain a tree stock of approximately 5,200 trees, including more than 2,500 older trees (50 years and older). The maintenance work to be performed under this PWS is defined in Attachment 3 and Attachment 4, and affects approximately 1,000 trees. USAG Wiesbaden is required to comply with Host Nation safety regulations (traffic/public safety/Verkehrssicherheit; Para# 823 BGB).

1.3 Scope: The Contractor shall provide non-personal services for safety related certified arborist services within USAG W footprint (See Attachment 5), with an emphasis on arborist services in support of OMA and AFH areas at Aukamm, Crestview and Hainerberg. The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, electronic communication, reporting, and transportation necessary to perform trimming and removal of trees as listed in Attachment 3 and Attachment 4. In the event of a storm, emergency services shall be provided as addressed in Attachment 6.

All work under this PWS is significant for the safety and wellbeing of tenants and shall be performed by specialized and experienced personnel only. The Contractor shall strictly adhere to ZTV Baumpflege (See Section 2.2 and 6.1.23) in order to preserve the trees, to provide a safe environment, and to prevent future safety hazards.

The Contractor shall comply with all existing applicable laws and regulations for tree work in addition to ZTV Baumpflege and be able to work at multiple locations simultaneously, especially in the event of a storm.

1.4 Objectives: The Contractor shall perform all related administrative actions required to provide services including material requisitioning, quality control (QC), attend meetings, and prepare correspondence. The Contractor shall maintain accurate and complete records, files, and have access to libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed 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) workdays after date of contract award. (Deliverable 1)

The Government will review and the KO will notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) workdays. If the Government has provided comments, the Contractor shall then have five (5) workdays to resubmit their QCP. After receipt of the Final QCP, the Contractor will 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 (NLT) five (5) workdays 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 the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

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

(f) How the Contractor will inventory and track maintenance of all Government Provided

Equipment / Materials;

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

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

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 two (2) working hours of identifying those issues. Verbal reports shall be followed up by a written report to the COR within two (2) workdays after the issue, or potential issue(s), are identified. The acceptable quality level for this paragraph is 98%. (Deliverable 2)

1.5.1.3 The contract shall provide documentation when requested by the COR or Quality Assurance Specialist (QAS) NLT 2 hour after notified of the request.

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

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in Jan Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

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

The German national and local holidays are:

New Year’s Day 01 January Good Friday varies yearly Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit Monday varies yearly Corpus Christi varies yearly Day of German Unity 03 October 1st Christmas Day 25 December 2nd Christmas Day 26 December

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0715 to 1600 Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0715 to 1600, Monday through Friday. If Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately. Work outside of the above times shall only be performed upon consultation with and confirmation from the COR.

1.5.4.3 Contractor Support Hours: a) The Contractor shall provide support between the hours of 0715 to 1600), Monday through Friday. If Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately. The Contractor shall maintain an adequate workforce at all times, 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 is essential.

b. Support Hours after storm: The Contractor shall provide services after a storm as follows:

Services provided during normal work hours: Monday to Saturday, 0600 to 1800 hrs.

Services provided after normal work hours: Monday to Saturday, 1800 to 0600 hrs., and any time on Sundays and German Holidays

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan.

The plan, at a minimum, shall identify regularly scheduled work (to include location, work to be completed, timelines, etc.). The Contractor’s proposed Work Plan shall be submitted to the

Contracting Officer via the COR for review within five (5) calendar days after date of contract award (Deliverable 3). The Government will review and either accept or return their comments to the Contractor within five (5) calendar days. The Contractor shall then have three (3) calendar days to submit a final Work Plan. Due to the urgency of work, all priority 4 actions (described in Attachment 3 and Attachment 4) shall be performed within the first month after contract award, see also Para 5.2.2.

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 PWS shall be performed within USAG Wiesbaden footprint (Attachment 5), primarily at the Aukamm, Crestview and Hainerberg OMA and AFH areas.

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

1.6.1 Security Program: Contractor personnel performing work under this PWS shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the COR).

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in Germany. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings 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.

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.

For the Installation Pass request (Deliverable 4a), the following documents must be forwarded to the COR no later than thirty (30) calendar days after the award:

1. The completely filled out form “Self Disclosure” (Attachment_2.1), which must not be older than three (3) months.

2. The completely filled out form AEF190-16A (Attachment_2.2), which must not be older than three (3) months.

3. The completely filled out form AEF 604-1B (Attachment_2.3), which must not be older than three (3) months. (Please do not fill in or sign the signature and date digitally).

4. The certificate “Führungszeugnis” must not be older than one (1) year. (Persons from

EU countries (only non-German citizens) require a “europäisches Führungszeugnis”)

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.

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the COR an Initial Installation Pass Log within three (3) calendar days after contract award. The log must at a minimum contain the following information: Employee name, address, date and place of birth.

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) calendar days after any changes to the log. (Deliverable 4b)

1.6.3.2 Individual Termination or Expiration of Employment: 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 two (2) workdays (Deliverable 5).

1.6.3.3 Contract Termination or Cancellation: 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) workdays. (Deliverable 6)

1.6.3.4 Common Access Cards (CAC) and CAC Log: Reserved

1.6.4 Background Checks: The Contractor shall provide Background Checks (police good conduct; Polizeiliches Führungszeugnis) in accordance with PWS 1.6.4 and as determined by the Government. Army in Europe (AE) Regulation 604-1 ( Attachment_2.3_AEF604-1), provides guidance pertaining to background checks for U.S. and Host Nation Contractors. The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office, and residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and local policy. The Contractor may have to complete additional security training to comply with the security standards of this contract. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.6.4.1 U.S. Citizen: Reserved

1.6.4.2 Local Nationals and Third Country Nationals: As a minimum, prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR a police good conduct certificate (Fuehrungszeugnis), not older than one (1) year, not later than ten (10) days after contract award (see para 1.6.2.1, Deliverable 7). Forwarding correspondence from the Contractors shall identify the associated contract number. The COR will determine the favorability of the Fuehrungszeugnis and notify the Contractor.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment and information 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 work 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.

1.10.1 Key Personnel: The following personnel are considered key personnel by the Government: Technical Project Manager and Alternate Technical Project Manager. The Contractor shall provide a Technical Project Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Project Contract Manager, who shall act for the Contractor when the Technical Project Manager is absent, shall be provided in writing to the COR no later than ten (10) workdays after contract award (Deliverable 8). The Technical Project Manager and Alternate Technical Project Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this PWS. The Technical Project Manager or Alternate Technical Project Manager shall be available between the normal hours of operation. The Contractor shall ensure that the key personnel can be reached by telephone during regular working hours (i.e., 0715 - 1600), respond within two (2) hours, and be available for direct technical supervision when required.

The acceptable quality level for this paragraph is 100%.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: These personnel shall possess one of the following: Engineering or apprenticeship degree in the field of Agronomist for Tree Maintenance (FachagrarwirtBaumflege/Baumsanierung) with a minimum of five (5) years of experience in managing extensive tree stocks (see “Definitions”);

OR an alternative engineering degree in the field of Forestry with a minimum of eight (8) years of experience in managing extensive tree stocks in urban areas IAW environmental laws, tree protection, ZTV Baumpflege and work safety requirements.

b. Tree Worker: Each Contractor employee shall possess a minimum of three (3) years of experience in certified arborist services and shall be certified as a European Tree Worker, European Tree Technician or Agronomist for Tree Maintenance (Fachagrarwirt Baumflege / Baumsanierung).

c. Rope Supported Tree Work: In addition to the experience in PWS1.12.2, each Contractor employee who will be performing rope-supported tree work shall be trained in rope supported climbing technique IAW

Unfallverhütungsvorschrift Vorschriften für Sicherheit und Gesundheitsschutz (UVV VSG) 4.2 para.2 with certification Seilklettertechnik (SKT) A and B (Accident Prevention Regulation).

1.10.2 Special Qualifications: The Contractors’ company shall be specialized in performing certified arborist services IAW all pertinent regulations in a professional and independent manner. The Contractor shall possess experience in the maintenance of mature trees. The Contractor or Contractor personnel shall be a member of a trade association such as Qualitätsgemeinschaft Baumpflege und Baumsanierung e. V. (QBB), Forschungsgesellschaft Landschaftsentwicklung Landschaftsbau (FLL), Sachverständigen Arbeitsgemeinschaft Baumstatik (SAG Baumstatik), International Society of Arboriculture (ISA), or comparable organizations. An RAL Qualification for Tree Maintenance, RAL Baumpflege Fachverband geprüfter Baumpfleger e.V. would also be acceptable. The Contractor shall maintain all appropriate and applicable licenses and certifications IAW the PWS.

1.10.3 Delivery of Company and Personnel Qualification Certificates: All required qualification certificates shall be provided within ten (10) days of contract award to the COR (Deliverable 9). When new personnel are employed by the Contractor to perform services on this PWS, the Contractor shall submit their qualifications to the COR for review and approval prior to performing on this PWS (Deliverable 9). New personnel shall be introduced to the COR during first presence at work location. The qualifications shall match experience and education as described in this PWS.

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, to include proper marking of signature blocks in correspondence, 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: Reserved

1.13 Contractor Travel: Reserved

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 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital 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.

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.

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385- 1-1 is available online at www.usace.army.mil. Accident Prevention Plans shall be provided to the COR within fifteen (15) calendar days after contract award.

(Deliverable 10)

(b) 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; and

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. Particularly, 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 PWS. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete.

1.21.1.2 The Contractor shall comply with all Federal and State requirements governing safety and health protection. The Contractor shall complete and provide safety notifications required by host nation authorities. The Contractor will provide documented proof of host nation safety notifications to the COR upon request.

1.21.1.3 Reserved

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

1.22.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesbaden's 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 Wiesbaden installations are conducted in accordance with the USAG Wiesbaden 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)/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. 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 0611-705-117. The Contractor shall contact the COR or the USAG Wiesbaden Directorate of Public Works-Environmental Division (DPW-ED), DSN 548-4092, CIV 0611143-548-4092, Bldg. 1059, Clay Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

Current Environmental Policy (Garrison policy Number 22) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf

Current Prohibited Refuse Disposal Practices Policy (Garrison policy Number 27) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf”

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 within thirty (30) workdays after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within three (3) workdays 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 every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training. (Deliverable 11)

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) workdays after contract award. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training.

OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within ten (10) work days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training. (Deliverable 12)

1.23.3 Suspicious Activity Reporting Program Training (IWATCH): The Contractor and all associated subcontractors will brief all employees on the local suspicious activity reporting program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within thirty

(30) workdays after contract award and within thirty (30) workdays after after new employees commence contract performance, with the results reported to the COR within ten (10) workdays after completion of the training. (Deliverable 13)

This training replaces the former iWATCH Program. Coordinate with the COR for current training requirements and guidelines.

1.23.4 Threat Awareness Reporting Program Training: The Contractor and all associated subcontractors, must receive annual Threat Awareness and Reporting Program (TARP) training by an authorized trainer. The Contractor shall coordinate with the COR, who will contact the local trainer at their assigned location. Contractor personnel completing training will receive a certificate or the training attendance roster signed by authorized CI representative.

This training will be completed within thirty (30) workdays after contract award and within thirty

(30) workdays after after new employees commence contract performance. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training.

(Deliverable 14)

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 North Atlantic Treaty Organisation Status of Forces Agreement 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: The effective date of contract will constitute the date of notice to proceed.

1.26 Electromagnetic Compatibility Directive: Reserved

1.27 Government Property and Services: Reserved

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Reserved

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

Contracting Officer – means a person with the 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. DoD 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 other surveillance support personnel to assist the COR when needed, “…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 a 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.

Extensive Tree Stock – Tree stock with minimum 5000 trees. The tree stocks shall contain at minimum 2000 mature trees over 50 years (planted 1960 and older).

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government.Government property includes both Government-furnishedand 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.

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 that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

AFH Army Family Housing AQL Acceptable Quality Level AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism CAC Common Access Card CLIN Contract Line Item Number

COR Contracting Officer’s Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense ELIN Exhibit Line Item Number FAR Federal Acquisition Regulation FLL Forschungsgesellschaft Landschaftsentwicklung & Landschaftsbau FPCON Force Protection Condition FRG Federal Republic of Germany HM Hazardous Material HQDA Headquarters, Department of the Army IA Information Awareness IAC Installation Access Control IAW In Accordance With ID Identification

IT Information Technology KO Contracting Officer LHS Life Health Safety N/A Not Applicable OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) OMA Operations & Maintenance, Army OPSEC Operations Security POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RCO Regional Contracting Office SOFA Status of Forces Agreement SME Subject Matter Expert TE Technical Exhibit USAG US Army Garrison USAREUR U.S. Army Europe UOM Unit of Measure VTA Visual Tree Assessment ZTV Baumpflege ZTV Tree maintenance (technical code)

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: Reserved

3.2 Facilities: Reserved

3.3 Utilities: The Government will provide water and electricity for use in the performance of services hereunder. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities. The Contractor shall instruct employees in utilities conservation practices.

3.4 Equipment: Reserved

3.5 Special Tooling and Test Equipment: Reserved

3.6 Materials: Reserved

3.7 Training: The Government will provide AT Level I awareness training, OPSEC Training, TARP Training, and SARP training. See PWS Part 1.

3.8 Common Access Cards (CAC): Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish 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.

4.2 Secret Facility Clearance: Reserved

4.3 Materials: The Contractor shall furnish all materials required in accordance with pertinent German accident and safety regulations to meet the requirements under this PWS. The acceptable quality level for this paragraph is 95%.

4.4 Vehicles and Equipment: The Contractor shall provide all necessary vehicles, or other transportation (no Government-owned vehicles will be provided to the Contractor), and any other equipment necessary to perform the work described in this PWS.