ATTACHMENT_I_-_PWS.pdf

W564KV-17-R-0007

ATTACHMENT I

PERFORMANCE WORK STATEMENT (PWS)

Operation, Maintenance and Repair of

Gas-Fired High-Pressure Heating Plant within AAFES

Depot, Building # 3556, GRUENSTADT MILCOM

USAG RHEINLAND-PFALZ

TABLE OF CONTENTS

Operation, Maintenance and Repair of Gas-Fired High-Pressure Heating Plant in AAFES Depot Bldg # 3556

GRUENSTADT

PART 1 GENERAL INFORMATION

1. Introduction

1.1. Background ………………………………………… …………… … .4

1.2. Responsibilities……………………… ……………………… 4

1.2.1 Work Responsibility ………………………………………… …… ……… ……… . . .4

1.2.2 Administrative Responsibility……………………………………………………………… … 4

1.3 Objectives ………………… ……………………………………………………… … .4

1.4 Functional Areas…………………… ………………………………………………. 4

1.5 Periods of Performance and Hours of Operation/Work Hours …………………………… … 4/5

1.6 Management and Administration………………… …… ……………………………… …… … .5

1 .6 .1 Phase-In/Phase-Out Period ………………………………………… ………………… 5

1.6.2 Contractor Management…… …………………………………. 5

1.6.3 Contractor Responsiveness… ……………………………………………… …5

1.6.4 Meetings, Conferences, and Briefings… ………………………………………………… …… 6

1.6.5 Hours of Operation………………… …………………………………… 6

1.6.6 Recognized Holidays……… …………………………………………………………… …… .6

1.6.7 Training Holidays…-…Reserved……………… ………………………………………………... 6

1.6.8 Quality Control………………… ………………………………………………………… …… 6/7

1.6.9 Quality Assurance…………………… …………………………………… 7

1.6.10 Place of Performance……………… …………………………………………………… … … 7

1.6.11 Type of Contract……..………………… ………………………………………………… 7

1.6.12 Security Program:..…… ………………………………………… 7

1.6.13 Physical Security 7

1.6.14 Key Control 8

1.6.15 Special Qualifications 8

1.6.16 Post Award Conference/Periodic Progress Meetings 9

1.6.17 Contracting Officer Representative (COR) 9

1.6.18 Key Personnel 9

1.6.19 Identification of Contractor Employees 9

1.6.20 Contractor Travel 9

1.6.21 Other Direct Costs - Reserved 9

1.6.22 Data Rights 9

1.6.23 Organizational Conflict of Interest - Reserved 9

1.6.24 Safety 10

1.6.24.1 Safety Plan and Program (DA PAM 385-10) 10

1.6.25 Environmental Compliance 10

1.6.25.1 Environmental Compliance Plan in Accordance with AR 200-1 and DA Pam 385-10 10

1.7 Authorization to Perform Services 10

1.8 Electromagnetic compatibility 10

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS & ACRONYMS

2.1. Definitions:………………………………………………………………………………… … ……11

2.2 Acronyms:……………………………………………………………………………… …………12

PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services – Reserved 13

3.2 Facilities 13

3.2.1 - 3.2.5 13

3.3 Utilities 13

3.4 Equipment – Reserved 13

3.5 Materials - Reserved 13

PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General:………………………………………………………………………… …………… 14

4.2 Secret Facility Clearance - Reserved………………………………… ………… ………… 14

4.3 Materials: …………………………………………………………………………… …… …14

4.4 Equipment:…………………………………………………………………………… ………. 14

PART 5 SPECIFIC TASKS

5. SPECIFIC TASK:

5.1 Basic Services:………………………………………………………………………… ……… 15

5.2 Recurring Services …………………………………… … …... 15

5.2.1 Operation of Heating System:……………………………………………………… …… … 15

5.2.2 :………………………………………………… … ….15

5.2.3………………………………………………………………………………... 15

5.2.4 ……………………………………………………………. 15

5.2.5 15

5.2.6 ………………………………………………………… …………15

5.2.7 …………………………………………………………………………… 16

5.2.8 …………………………………………………………………… …… 16

5.2.9 Standby/Emergency BPO duties of the Contractor ……………………………… …… .16

5.2.10 Preventive Maintenance and TUEV Inspections ………………………………………… 16

5.2.11 Preventive Maintenance ………………………………………………………………….16/17

5.2.12 Preventive Maintenance Schedule - Reserved……………………… …………………… 17

6 5.2.13 TUEV Inspection……………………………………………… …………………… …17

5.2.14 Malfunction during a PM/TUEV Visit… ………………………… ……………………… .17

5.3 On Demand Services………………………………………………… ………… …… … …..17

5.3.1 Regular Repair Calls ……………………………………………… …… … …… …… … 17

5.3.2 Emergency Repair Calls…………………………………………………………… …… …17

5.3.3 Inventory and Labeling – Reserved …… ………………………………………………17

5.3.3.1 Labeling of New Equipment – Reserved 17

5.4 Task Heading 17

5.4.1 Unscheduled Repair Calls 17/18

5.4.1.1 Use of Time Units 18

5.4.2 Repair Parts 18

5.4.3 Availability - Reserved 18

5.5 Enterprise-Wide Contractor Manpower Reporting Application (eCRMA) 18

PART 6 APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1 Contractor Adherence:………………………………………………………………………… 19

6.1.1 Work Certificates:…………………………………………………………………………… 19

6.1.1.1 Distribution of Work Certificates:………………………………… ………… … . 19

6.1.2 Daily Attendance Sheet:………………………………………………………… …… …… 19

6.1.3 Cost Estimate:………………………………………………………………… ……… … 19

6.1.4 Providing of Documents:…………………………………………………… ………… … 19

6.1.5 Technical Manuals:……………………………………………………………………… … 19

PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING 20

7. ATTACHMENT/TECHNICAL EXHIBIT LIST:

7.1 Attachment I - Performance Work Statement, 21 pages

7.2 Attachment II – Boiler Plant Description, 1 page

7.3 Exhibit I – Performance Requirements Summary, 2 pages

7.4 Exhibit II – Deliverables Schedule, 2 pages

Part 1

General Information

1. Introduction: This is a non-personal services contract to operate, maintain and repair the whole gas-fired high-pressure heating plant at the Army and Air Force Exchange Services (AAFES ) Depot, building # 3556 in Gruenstadt, United States Army Garrison (USAG) Rheinland-Pfalz, Germany. The Government will not exercise any supervision or control over the Contractor’s service provider(s) performing the services herein. Such Contractor’ service provider(s) shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Background: The USAG Rheinland-Pfalz has a requirement for the operation, for maintenance and repair services of the gas-fired high-pressure heating plant at the above location.

1.2 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this contract and under the direction of the Contracting Officer (KO). See also Paragraph 1. Introduction.

1.2.1 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The

Contractor shall conduct work in accordance with this PWS and in accordance with all applicable United States (U.S.), German, and local laws, regulations (to include as minimum UVV, BGV, TRD, TRG, VDE, VOB; see paragraph 2.2

“Acronyms”), as well as in accordance with the specifications of the applicable manufacturer(s). Standards, provisions, and directives to include applicable publications as listed in Part 6 of this PWS shall be adhered to. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in this PWS or in applicable referenced documents.

1.2.2 Administrative Responsibility:

a. The Contractor shall perform all related administrative work necessary and incidental to provide the services and to perform the work as contracted for. This shall include but not limited to material requisitioning, quality control (QC), financial control, meetings, and correspondence.

b . The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all

U.S., German federal and municipal regulations, standards, provisions, codes, laws, technical manuals, and manufacturer’s instructions and recommendations that are necessary and related to the functions being performed.

c. The Contractor shall be in compliance with local technical connection conditions (TABs – Technische

Anschlussbedingungen) of public utility, energy provider, gas-, water and waste water/sewage.

d . T he Contractor shall compile historical data, prepare required reports, and submit information as specified in Part

7.2, Exhibit II “Deliverable Schedule” attached to this PWS.

1.3 Objectives: The objective of this requirement is to keep the above listed heating plant in excellent working condition so as to provide heat and steam for the operation of the AAFES bakery and all facilities located on the AAFES Depot.

1.4 Functional Areas: The functional areas of responsibility include the planning, programming, administering, managing, and execution of all functions necessary to provide the services as contracted for to include but not limited to preventive and/or regularly scheduled maintenance services. Furthermore, repairs due to wear and tear and emergency repairs as well as TUEV inspections.

1.5. Periods of Performance and Hours of Operation/Work Hours:

Base Year 1 April 2017 – 31 March 2018

Option Year I 1 April 2018 – 31 March 2019

Option Year II 1 April 2019 – 31 March 2020

Boiler Plant Operator Monday through Friday from 0600 through 1500

(BPO)

Saturday and Sunday for a period of no less than 3 hours/day. The time of arrival to perform work on Saturday and/or Sunday is at his/her own discretion.

Project Manager The Project Manager shall be available 24 hours a day 7 days a week, in accordance with paragraph 1.6.3 of this PWS.

1.6 Management and Administration

1.6.1 Phase-In /Phase-Out Period: To minimize any decrease in productivity and so as to prevent the possibility of negative impacts on the continuation of services, the Contractor shall have personnel on board, during the seven day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. The Contractor shall develop comprehensive procedures to ensure the seamless transition to the level of services prescribed within the time allowed under the terms of this contract. The Contractor shall also establish plans for an orderly phase-out of the operations at the termination of this contract.

a. Phase-In Period: The period between the contract effective date and the start of the base year of the performance period shall constitute the phase-in period. During the phase-in period, the Contractor shall assume full responsibility for all locations of operation in accordance with the terms and conditions of this contract. This period will be a maximum of seven calendar days in duration. During the phase-in period, the Government will make all facilities and equipment listed in Part 3 of this PWS accessible to the Contractor. The Contractor’s management personnel will be permitted to observe any on-going operations. During the phase-in period, the Contractor shall, as a minimum:

Establish a Contractor’s Project Management Office to coordinate phase-in tasks and be the point of contact for the Government during the phase-in period.

Recruit and hire personnel as required.

Obtain all required certifications and clearances, including police good conduct certificate for personnel working under this contract.

Develop and submit all required deliverables.

Attend post-award meetings as required.

Establish service facilities and provide addresses and phone numbers to KO and COR 5 days prior to full start of contract.

b. Phase-Out Period: The phase-out period occurs at the end of the contract performance period when award of a follow-on contract is made to a new Contractor. During the phase-out period, the Contractor shall take all actions necessary to guarantee a smooth transitioning from the current to the new contract. The Contractor shall provide an updated inventory and an updated as-built plan of the heating system (hard copy & CD) to the COR within ten days after the end of the contract performance period. This inventory shall be provided in Microsoft Excel format or the media which is being utilized at that time. The Contractor shall return all Government-furnished identification cards to the nearest Installation

Administrative Control Services (IACS) Office at the end of the contract/service period, and/or after termination of a

Contractor/sub-Contractor/employee during the performance period(s) of this contract, but not later than (NLT) 3 working days after the termination of a Contractor and/or sub-Contractor employee. A signed statement certifying that the pass was turned into the IACS Office shall be provided to the COR on the day the pass was turned in.

1.6.2 Contractor Management: The Contractor shall provide continued services to the entire heating plant, to include planning, programming, administering, managing, and executing all functions necessary and incidental to this type of work so as to provide the services contracted for and as stipulated in this PWS. The Contractor shall appoint a primary Project

Manager to provide overall management coordination, as well as an alternate Project Manager that shall function in the absence of the primary Project Manager. The primary and alternate Project Managers shall be the central point(s) of contact

(POC) to the Government for performance of all work under this contract. At the post award conference, the Contractor shall submit to the COR, in writing, the name, title, office, home and mobile telephone numbers of the primary and alternate

Project Managers (see Exhibit II“). Both, the primary and the alternate Project Managers shall have full authority to act on behalf of the Contractor on all contract matters relating to the daily operation of work under this contract.

1.6.3 Contractor Responsiveness: The Project Manager and/or his/her designated alternate shall be available via telephone communication (e.g. Mobile phone) 24 hours a day 7 days a week. The telephone calls may require his/her personal presence at the worksite, as determined necessary by the COR. A personal answering service is permitted at other than normal contract workdays and work hours for receipt of COR emergency response work requirements, provided that the primary and/or his/her alternate Project Manager(s) respond(s) to all calls/messages within a time not to exceed 1 hour for emergency calls and 2 hours for non-emergency calls.

1.6.4 Meetings, Conferences, and Briefings: The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the work and services contained herein as required by the

Government to provide effective communication and to share necessary information. The primary Project Manager or his/her alternate Project Manager 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.

1.6.5 Hours of Operation: The Contractor is responsible for the physical presence of a BPO (BPO) at the heating plant to conduct business on behalf of the Contractor 7 days of the week, between the hours of 06:00 hrs and 15:00 hrs, Monday through Friday and not less than 3 hours each on Saturday and Sunday also see Part 5 “Specific Tasks”, paragraph 5.2.5. of this PWS. The Contractor shall, at all times, maintain an adequate workforce to provide for the uninterrupted performance of all tasks. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.6 Recognized Holidays:

a. U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek. 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 U.S. holidays are:

New Year's Day January 1st

M L King Memorial Day 3d Monday in January

Presidents' Day 3d Monday in February

Memorial Day last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2d Monday in October

Veterans' Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day December 25th

b. Host Nation Holidays: Work shall be performed on local host nation holidays occurring during the normal workweek. Local host nation holidays occur in the region/state where contract performance takes place.

The German national and local holidays are:

New Years Day 01 January

Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January

Good Friday varies yearly

Easter Monday varies yearly

Labor Day 01 May

Ascension Day varies yearly

Whit Monday varies yearly

Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, varies yearly

Nordrhein- Westphalia,Rhineland-Palatinate and Saarland)

Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria)

Day of German Unity 03 October

All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November

North Rhine-Westphalia, Rhineland-Palatinate and Saarland)

1st Christmas 25 December

2nd Christmas Day 26 December

1.6.7 Training Holidays: Not applicable

1.6.8 Quality Control: The Contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with 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 s/he ensures that his/her work complies with the requirements of this contract. The Contractor shall submit the QCP to the KO 20 days after the contract award date. After acceptance of the QCP, the Contractor shall receive the KO’s acceptance in writing of any proposed change to his/her QC system. One copy each of his/her comprehensive, written QCP shall be submitted to the KO and to the COR within 5 working days after the contract award date and within 5 working days when changes are made to the QCP, thereafter.

The Contractor shall provide and maintain a quality control system, covering the services to be performed under this contract and which is acceptable to the Government. Complete records of all inspection work carried out by the Contractor shall be retained and shall be made available to the Government at any time, upon request. Records shall be available up to one year after contract expiration. The Contractor shall make available at his/her office, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction until 3 years after final payment under this contract.

1.6.9 Quality Assurance: The government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan primarily focuses on what the Government must do to insure that the Contractor has performed in accordance with the performance standards of this contract. The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable compliance rates.

1.6.10 Place of Performance: The work to be performed under this contract shall be in building #3556, AAFES Depot

Gruenstadt.

1.6.11 Type of Contract: See Clause 52.216-1 “Type of Contract” in the clauses section of the contract.

1.6.12 Security Program: Contractor personnel performing work under this contract and requiring access to a U.S.

Government facility shall comply with the Local National Screening Program in Germany, AE Regulation 604-1. The

Contractor, his/her personnel and/or his/her sub-Contractor and/or the sub-Contractor personnel shall review:

a. AT/OPSEC (Antiterrorism/Operations Security) training. It is the Contractor’s responsibility that s/he and all his/her personnel working under this contract (sub-Contractor and/or the sub-Contractor’s personnel, as applicable) shall complete all security training (e.g. AT level 1 training) available at following website: jko.jtn.mil. Certificates of completion shall be forwarded to the COR no later than 5 calendar days after the employees complete the training.

b. AT Level I Training: All Contractor employees to include sub-Contractor employees that require access to an Army installation, facilities and controlled-access areas will complete AT Level1 awareness training within 30 calendar days after contract start-date or effective date of incorporation of this requirement into the contract whichever is applicable. The

Contractor will submit certificates of completion for each affected Contractor employee and sub-Contractor employee to the

COR within 5 calendar days after training is completed by all employees and/or sub-Contractor personnel. AT Level I awareness training is available online at jko.jtn.mil.

c. iWATCH/iSALUTE Training: The Contractor and/or his/her sub-Contractor(s) will brief all employees performing work under this contract on the local iWATCH/iSALUTE program. This locally developed training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. The training shall be completed within 30 calendar days after the contract is awarded and within 10 calendar days after new employees commence contract performance. Completion of training shall be reported to the COR within 5 calendar days after the contract is awarded and/or upon completion of the training by newly hired personnel.

d. OPSEC Training: In accordance with Army Regulation (AR) 530-1, new Contractor employees must complete Level

I OPSEC training within 30 calendar days after they report for duty. All Contractor employees must complete annual

OPSEC awareness training. A certificate of training shall be submitted to the COR within 5 calendar days after training was completed.

1.6.13 Physical Security: The Contractor shall be responsible for safeguarding all Government-owned equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. When Government owned equipment is turned over to the Contractor for servicing and/or repairs, the Contractor shall assume full responsibility and liability for the equipment by signing the work-order form upon receipt of the equipment. Before accepting the equipment, the Contractor shall inspect the equipment for damage or missing components, record this information on the work-order and notify the Government representative of the finding.

Damages or missing parts not listed on the work-order shall be considered to be the Contractor’s responsibility. After the equipment has been accepted by the Contractor, a copy of the signed work-order shall be returned to the COR immediately.

1.6.14 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The

Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The

Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the KO. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.15 Special Qualifications: LICENSES: The Contractor shall comply with all currently applicable and effective laws and regulations for equipment listed in Attachment II “Boiler Plant Description”. DIN (Deutsches Institut fuer Normung), VDE (Verband der Elektrotechnik Elektronik Informationstechnik), VDMA (Verband deutscher Maschinen und

Anlagenbau), DVGW (Deutsche Vereinigung des Gas und Wasserfaches), all currently applicable and effective environmental laws, as well as with all accepted commercial standards and practices. The Contractor shall be certified, as a minimum, with the following licenses. All licenses shall be submitted with the submission of his/her contract proposal.

DIN ISO 9001 – Qualitätsmanagementsystem (DIN ISO 9001 Quality Management System)

DIN ISO 14001 – Umweltmanagementsystem (DIN ISO 14001 Environmental Management

System)

Fachbetrieb nach dem Wasserhaushaltsgesetz § l 19 (Specialized Company based on

Water Resources Law)

Fachbetrieb nach § 6 Chemikalienklimaschutzverordnung (Specialized Company acc.

§ 6 Chemicals Climate Safety Regulation)

Fachbetrieb nach EG 842/2006, Artikel 5 (F-Gas Verordnung) (specialized Company acc.

EG 842/2006, article 5

Fachbetrieb mit Eintrag in die Handwerkerrolle (mind. Heizung (Hoch-Niederdruck) und Elektro)

(Specialized Company with entry in Register of qualified Craftsmen – minimum Heating

(high/low pressure) and Electric)

Fachbetrieb nach Verordnung EG 303 / 2008, Artikel 1 – 14 (Specialized Company acc.

Regulation EG 303 / 2008, article 1 - 14)

Fachbetrieb nach DVGW (Deutsche Vereinigung des Gas und Wasserfaches) (Specialized company in accordance with DVGW - German union of Gas and Water)

Employee with a Master or Engineer level: The Contractor must demonstrate that s/he has key personnel, qualified to a “Meister” or “Ingenieur” (Heating/Water/Gas) level, prior to start of the phase-in period of the contract, per location as listed in Part 1 “General Information”, paragraph 1.4 “Functional Areas” in order to perform the preventive maintenance and repair services.

Various Technicians (empowered journeyman): Below listed categories are samples, but actual requirements may vary based on the equipment listed in Attachment II – Boiler Plant Description”. The

Contractor must demonstrate that s/he has adequate personnel at the required qualification levels on staff prior to the start of the phase-in period.

It is the Contractor’s responsibility to ensure that all required work will be performed by specialized and knowledgeable, empowered journeymen (“befähigte Personen”) only.

Qualification IAW Education Directive for BPOs (TRD, BetrSichV, Bundesarbeitsblatt

Arbeitsschuts Nr.4, Dampfkessel etc). Kesselwärter (“Kesselwärterbrief” is a requirement).

Qualification IAW DIN VDE 1000-100, Electrical Technicians.

1.6.16 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any and all post award conferences convened by personnel of the Contracting Office, the COR and/or technical subject matter expert as appropriate, to review the Contractor's performance. At these meetings, the KO will inform the Contractor on how the

Government views the Contractor's performance and the Contractor will inform the Government of problems, if any, it experiences and/or has experienced. Appropriate action shall be taken to resolve open issues. Any and all meetings shall be at no additional cost to the Government.

1.6.17 Contracting Officer Representative (COR): The COR shall be identified by separate appointment letter. The COR appointment letter lists the responsibilities and limitations of the COR. The COR is not authorized to change any of the terms and/or conditions of the contract. The Contractor shall receive a copy of the COR appointment letter for his/her files.

The COR shall monitor all technical aspects of the contract and assist in the contract administration. The COR is authorized to perform the functions as follows:

a. Ensure that the Contractor performs all technical requirements of the contract.

b. Perform inspections necessary in connection with contract performance.

c. Maintain written and oral communications with the Contractor concerning technical aspects of the contract.

d. Issue written interpretations of technical requirements, including Government drawings, designs, specifications as applicable.

e. Monitor Contractor's performance.

f. Notify both the KO and the Contractor of any deficiencies.

g. Coordinate the availability of Government furnished property.

h. Provide site entry of Contractor personnel.

1.6.18 Key Personnel: BPO, primary and alternate Project Managers. The Contractor shall provide all information pertaining to the aforementioned key personnel at the time of the post-award conference. Also see Part 1 “General

Information, paragraph 1.6.2 “Contractor Management” of this PWS for additional information.

1.6.19 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in areas where their Contractor status is not obvious to third parties are required to identify themselves as such, so as to avoid the impression/implication that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. The Contractor is required to obtain identification badges for all of his/her employees and/or his/her sub-Contractor employees, working under this contract. Reference is made to Army in Europe

Regulation (AER) 27-715 “Contractor Identification” requirements under which all employees are required to wear

Contractor employee badges while on a U.S. Government Installation.

1.6.20 Contractor Travel: Travel shall only be invoiced for the initial call. No additional travel charges are authorized.

This applies also in case a second visit is required. Travel for preventive maintenance shall be included in the firm fixed price; therefore, no additional travel charges are authorized.

1.6.21 Other Direct Costs: Reserved

1.6.22 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. 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.

1.6.23 Organizational Conflict of Interest: Reserved

1.6.24 Safety: For any work performed at an U.S. Government installation, the Contractor shall be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all material needed and work performed until completion and acceptance of the entire work.

1.6.24.1 Safety Plan and Program: The Contractor shall at all times keep the work area free from waste materials accumulated during work performance. Before completing work on any workday, the Contractor and/or his/her personnel shall remove from the work site and from the Government premises any rubbish, tools, scaffolding equipment, and materials that were used during work performance on that day and that are not the property of the U.S. The Contractor shall leave the work area in a clean, neat, and orderly condition and to the satisfaction of the Government at the end of each workday.

1.6.25 Environmental Compliance: All chemical substances and products used during PM/TUEV and/or repair visits shall be authorized by the responsible German authorities (ref. boiler plant operation, water treatment etc.) and by the

German Food Hygiene regulation and Technical Bulletin TB MED 530.

1.6.25.1 Environmental Compliance Plan and Program in accordance with AR 200-1 and DA PAM 385-10: SPILL

REPORTING PROCEDURES FOR CONTRACTORS WORKING AT U.S. ARMY GARRISONS

1.7 Authorization to Perform Services:

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 also shall determine what documents or authorizations its employees and any subcontractor employees shall possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(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.

By acceptance of and performance under this contract and any work orders issued hereunder, the Contractor confirms that s/he has complied with the aforementioned requirements.

Compliance with this clause 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/or terminating this contract or any work order resulting from this contract for default.

1.8 Electromagnetic compatibility:

The Contractor certifies that all electrical and electronic equipment and/or appliances furnished are in compliance with the

Electromagnetic Compatibility Directive 2004/108/EC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions And Acronyms:

2.1 Definitions:

Contractor - 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.

Contracting Officer - 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) - An employee of the U.S. Government appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

The COR monitors all technical aspects of the contract and assists in contract administration 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

Specialist and Contractor of any deficiencies; and provide site entry of Contractor personnel.

Defective Service - A service output that does not meet the standard of performance associated with the Performance

Work Statement.

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

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 - Actions that prevent the loss or damage of Government property.

Quality Assurance - The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

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

Sub-Contractor - One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the sub-Contractor.

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

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms:

AAFES Army & Air Force Exchange Service

ACOR Alternate Contracting Officer's Representative

BertrSichV Betriebsicherheitsverordnung

BGV Berufsgenossenschaftliche Vorschriften

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DIN Deutsches Institut fuer Normung - German Institution of standardization

DPW Directorate of Public Works

DVGW Deutsche Vereinigung des Gas- und Wasserfaches - German Union of Gas and Water

GUV Gesetzliche Unfallversicherung - Host Nation insurance

IACS Installations Access Control System

IAW In accordance with

KO Contracting Officer

NLT No later than

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TABs Technische Anschlussbedingungen

TB Technical Bulletin

TE Technical Exhibit

TRBS Technische Regeln Betriebssicherheit

TRD Technische Regeln für Dampfkessel

TRG Technische Regeln für Druckgase

TUEV Technischer Überwachungs Verein - German Law Inspection

USAG United States Army Garrison

UVV Unfall Verhütungsvorschriften - Accident prevention regulation

VDE Verband der Elektrotechnik - Union of the electrotechnology

VDI Verband Deutscher Ingeneure - Union of German Engineers

VDMA Verband Deutscher Maschinen- und Anlagenbau - Union of German machinery and equipment

WAWF Wide Area Workflow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services

3.1 Services: RESERVED

3.2 Facilities:

3.2.1 The Government will make available to the Contractor an on-site one shop room, an office room, a dayroom and one storage room for chemicals (boiler plant operation), free of charge, for use by the Contractor during the entire performance period of the contract.

3.2.2 Contractor personnel are not allowed to use the boiler plant as a living room, sleeping room, or as a storage area.

3.2.3 The Boiler Plant Operator (BPO) shall keep the rooms provided by the Government in a proper and clean condition.

3.2.4 Incidental to the Contractor operating the boiler plant, s/he shall be responsible for providing custodial services to the boiler plant. Custodial services shall be provided to the facility, as well as to the rooms made available to the

Contractor and/or his/her personnel to include any sub-Contractor and/or his/her sub-Contractor personnel. Unauthorized persons shall not be allowed to enter the boiler room at any time. The BPO IS NOT AUTHORIZED to grant unauthorized persons access to the entire facility. SMOKING IS STRICTLY PROHIBITED WITHIN THE ENTIRE BUILDING.

3.2.5 The Contractor shall furnish proof that the BPOs possess knowledge of the pertinent provisions, when requested by the COR or Government representative.

3.3 Utilities: All utilities within the facility will be available for use by the Contractor and/or his/her personnel and/or sub-

Contractor personnel during the performance of work under this contract and as described in this PWS, at no cost to the

Contractor. The Contractor shall instruct his/her personnel and/or his/her sub-Contractor and/or sub-Contractor personnel in utilities conservation practices. S/he shall be responsible for operating under conditions that preclude the waste of utilities which includes but is not limited to turning off water faucets, lights and/or valves if no longer in use.

3.4 Equipment: RESERVED

3.5 Materials: RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items And Responsibilities:

4.1 General: The Contractor shall furnish any and all personnel, supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 “Government Furnished Property, Equipment, and Services” of this PWS.

4.2 Secret Facility Clearance: RESERVED

4.3 Materials: The Contractor is responsible for ordering and maintaining sufficient materials/repair parts to perform the work as contracted for.

4.4 Equipment: The Contractor shall be responsible to furnish all necessary tools, test/diagnostics equipment, specialized test and analysis equipment, repair/replacement parts and service vehicles to perform the services specified in this PWS and under this contract.

PART 5

SPECIFIC TASKS

5.1 Basic Services: Operation, maintenance and repair services to operate a gas-fired high-pressure heating plant shall be performed in accordance with all currently applicable rules of technology to include but not limited to following:

a. Deutsches Institut fuer Normung (DIN), Verband der Eletrotechnik (VDE)

b. Verband Deutscher Ingenieure (VDI), Technische Regeln fuer Druckgase (TRG), Technische Regeln für Dampfkessel (TRD) (601/604 etc)

c. Technische Regeln Betriebssicherheit (TRBS), Betriebssicherheitsverordnung (BetrSichV).

d. The state of technology has to be considered.

e . Furthermore, the provisions of the [Gesetzliche Unfall Versicherung(GUV)] host nation insurance [e.g.

Berufsgenossenschaftliche Vorschriften (BGV).

f. Unfallverhuetungsvorschriften (UVV), etc.)

g. AER 385-29-G “Arbeitssicherheit, Unfallverhuetung und Arbeitsschutz fuer ortsansaessige Beschaeftigte in der

Bundesrepublik Deutschland” have to be complied with by the Contractor and/or his/her personnel and/or by the sub-

Contractor and/or his/her personnel throughout the duration of this contract.

NOTE: If an inspection is required in accordance with VDE 0701/0702, it shall be performed by the Contractor without requiring an official request by the U.S. Government. The result of any and all inspections shall be confirmed in form of a test protocol. Each test protocol shall be provided to the COR, along with the work certificate.

5.2 Recurring Services: The Contractor shall provide services to operate, maintain and repair the entire gas-fired high-pressure heating plant at the AAFES Depot Bldg 3556 in Gruenstadt as described herein.

5.2.1 Operation of the Heating System by a tested and certified Boiler Plant Operator (BPO in accordance with TRD 601, 604 steam boiler group IV.

5.2.2 The high pressure type steam boiler plant shall be operated in accordance with TRD 601/604, as well as in accordance with the operating instructions of the manufacturers of the boiler plant. This includes but is not limited to all mandatory inspections and system checks of the parts IAW UVV, VBG, TRG, TRD 601, VDE and of all maintenance proposals by the individual manufacturers of the system parts. The Contractor shall comply with the operating instruction

BV 75 for steam- and hot water generators (LOOS), available at the boiler plant. The Contractor’s personnel performing work under this contract shall have the necessary specialized knowledge and skills enabling them to perform general maintenance and minor repair work (e.g. replacement of gasket, small valves, fixing bolt etc.) of accessories, pumps, and other equipment parts independently without extra pay.

5.2.3 Any work that could endanger the safety of the system, for example, electrical controls, check valves, water level delimiter, temperature delimiter is prohibited.

5.2.4 The BPO shall be responsible for all work to be performed within the boiler plant to include all daily inspections and tests. Deficiencies and disturbances shall be reported to the COR immediately. The BPO is responsible for keeping and signing off, at the end of each workday, an operations log book with all entries as required by the manufacturer. The BPO is responsible for the initiation, preparation, support and execution of all recurring tests by the expert organizations such as the TUEV. The BPO is the point of contact for the COR and for Government Inspectors.

5.2.5 The BPO shall perform regular services from Monday through Friday, from 06:00 hrs – 15:00 hrs and Saturdays and Sundays three (3) hours per day. The work hours on Saturday and Sunday may be at his/her own discretion and as necessary to maintain regular service intervals.

5.2.6 Within one hour after starting each workday and at least every 24 hours during the operation of the boiler plant, the

BPO shall ensure that the high pressure steam installation works properly. During the daily inspection procedures, the

BPO shall ensure that every automatic furnace quick-action stop mechanism will close at least once.

5.2.7 The Contractor shall be held liable for all deficiencies and/or damages resulting from insufficient supervision or incorrect operation and/or maintenance services.

5.2.8 The Contractor shall be responsible for all coordination of work for Third Party Repairs and/or inspections.

After arranging a date for a Third Party Repair, the Contractor shall inform the COR of the time, date, and of the purpose of the anticipated repair and/or inspection.

5.2.9 Standby / Emergency BPO duties of the Contractor. The Contractor shall ensure that an emergency BPO is available, after working hours and on weekends, on a standby basis. The emergency BPO shall be knowledgeable in the elimination of deficiencies and shall have system-specific knowledge so as to eliminate breakdowns. The emergency BPO shall be on-site to start eliminating deficiencies no later than 1 hour after receipt of a call or a SMS text message.

Deficiencies will be automatically reported by the control system via a modem by sending a SMS to a mobile phone that is made available by the Contractor throughout the duration of the contract. The availability of a subscriber identity card

(SIM) and the cost involved in making the SIM card available is the sole responsibility of the Contractor.

5.2.10 Preventive Maintenance (PM) and TUEV Inspections: PM shall be performed in accordance with TRD and all currently valid/applicable regulations. They shall be carried out only by a company certified by the German

Handwerkskammer/German Chamber of Commerce to operate, maintain and repair a high pressure heating systems.

TUEV Inspections shall be requested by the Contractor and shall be approved by the U.S. Government’s technical subject matter expert or by the COR. In both cases, a work report and a test protocol shall be created and forwarded to the technical subject matter expert and to the COR. The protocols may be either in form of a print-out from a digital test instrument or in form of a handwritten inspection sheet. If a handwritten inspection sheet is used, the most current version of a test protocol shall be used in accordance with the latest and currently applicable regulation(s). If possible, preventive maintenance (PM) service visits and TUEV inspections shall be performed consecutively. The COR will forward to the Contractor, in writing, the telephone number(s) and name(s) of all authorized Government personnel involved in the administration of this contract to include the technical subject matter expert immediately after award of the contract but prior to the start date of the contract.

5.2.11 Preventive Maintenance (PM): PM are maintenance services performed on a scheduled basis to inspect and maintain equipment and facilities in an effort to prolong the life cycle of the equipment and so as to prevent malfunctions/break-downs. PM shall be performed in accordance with TRD and in accordance with the German Engineering

Federation (VDMA – Verband Deutscher Maschinen- und Anlagenbau), VDMA 24186, part 0 – part 7. The aforementioned VDMA describes the preventive maintenance services to be performed on technical installations and technical equipment within buildings. Furthermore, while performing PM visits, the manufacturer’s specifications shall be taken into consideration. Tables of the VDMA are as follows:

VDMA 24186 Part 0 Allgemeine Anwendungshinweise

General Instructions

VDMA 24186 Part 1 Lufttechnische Geraete und Anlagen

Ventilation and Air conditioning equipment and systems

VDMA 24186 Part 2 Heiztechnische Geraete und Anlagen

Heating equipment and systems

VDMA 24186 Part 3 Kaeltetechnische Geraete und Anlagen

Refrigeration equipment and systems

VDMA 24186 Part 4 MSR…