Attachment_0002_-_Performance_Work_Statement.pdf

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PERFORMANCE WORK STATEMENT (PWS)

Vacant Quarter Maintenance Contract

10 Sep 2017 – 9 Sep 2022

09 June 2017

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PART 1

GENERAL INFORMATION

1. Introduction. This is a non-personal services Firm-Fixed Price (FFP) Service contract to provide Vacant Quarters Maintenance service in Baumholder Germany. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government

1.1. Background. To perform Facility/Quarter cleaning, replace or repair damaged PVC/Linoleum flooring, replace, repair, sand, and seal hardwood flooring, prepare and paint plaster, repair wall and/or ceiling plaster in Army owned apartments located in different areas within the Baumholder Military Community (BHMC), Baumholder.

Smith Housing approx. 1 km from downtown Baumholder Wetzel Housing approx. 2 km from downtown Baumholder

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 1.1 Introduction.

1.2.1. Work Responsibility. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Army Family Housing (AFH) and Unaccompanied Personnel Housing (UPH) (BEQ/BOQ) quarters “quarters cleaning, floor repair/maintenance and interior painting” as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this PWS. The work shall be accomplished and the materials to be furnished shall be in accordance with the standards, regulations and specifications of this contract.

1.2.2. Administrative Responsibility. The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence.

The Contractor shall also maintain accurate and complete records, files, and 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, prepare required reports, and submit information as specified by the Deliverable List presented in this PWS.

1.3. Objectives. To increase the overall Quality of Life for our Soldiers by providing clean, fully functional dwellings.

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1.3.1. Type of Contract. This is a non-personnel services Firm-Fixed Price (FFP) Service contract.

1.4. Functional Areas. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform AFH and UPH (BEQ/BOQ) quarters “quarters cleaning, floor repair/maintenance and interior painting” as defined in this PWS. The contractor shall perform to the standards in this PWS. The work shall be accomplished and the materials to be furnished shall be in accordance with the standards, regulations and specifications of this contract.

1.4.1. Estimated Workload. The historical workload for the past three (3) years is listed in Technical Exhibit (TE) C – Historic Workload. The U.S. Government will determine the condition of the quarters and the work to be done in each. All work will be issued by an executed Task Order from the KO or an appointed ordering officer.

The work shall be accomplished and the materials to be furnished shall be in accordance with the standards, regulations and specifications, as listed in Part 6 of this contract. Services include: facility/quarter cleaning; replacement or repair of damaged PVC/linoleum flooring; replace, repair, sand, and seal hardwood flooring and prepare and paint plaster and repair of wall and/or ceiling plaster.

1.4.2. Compliance. All work shall be in compliance with the terms conditions, general and special contract requirements, specifications, drawings, attachments, and exhibits contained herein, or incorporated by reference. Quality standards shall comply with the latest applicable standards and provisions, as well as with U.S. Regulations (420-series), Technical Manuals (5-600 and 5-800 series), and Federal Specifications as referenced in the PWS. In accordance with (IAW) FAR 52.215-8 any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and

(e) the specifications.

1.4.3. Interference by Other Contractors. If any work outside the scope of this contract, to be executed by others, results in impacting or affecting the work within the scope of this contract, the contractor will be kept informed by the Contracting Officer Representative (COR) of all work in progress by others. The contractor shall, in turn, provide the necessary coordination to insure that all work under this contract does not interfere with the execution of work by others, and that his/her work is not deterred or delayed due to the work of others. Should the contractor experience delays, scheduling conflicts, and/or interference, he shall report the circumstances to the attention of the KO within two (2) work hours for quick and equitable resolution. Failure of the contractor to bring such interference to the attention of the KO shall result in the Government not being held liable for such interference, and any other circumstances which result.

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1.4.4. Emergency Services. On occasion, emergency services may be required outside the normal duty hours described above. The contractor's responsibilities for emergency support are described in Part 5.

1.5. Period of Performance. The period of performance shall be for one (1) base year and four (4) option years. The period of performance reads as follows:

Base year 10 Sep 2017 – 09 Sep 2018 1st Option Period 10 Sep 2018 – 09 Sep 2019 2nd Option Period 10 Sep 2019 – 09 Sep 2020 3rd Option Period 10 Sep 2020 – 09 Sep 2021 4th Option Period 10 Sep 2021 – 09 Sep 2022

The performance period will be specified in each Task Order. The first day of the period of performance is the third day after the Task Order is issued. The day the work is completed will be the day of inspection. The inspection should be scheduled no later than the final day of the performance period. All work must pass inspection within the performance period with a 95% or better success rate, or liquidated damages will be assessed. When work completion is after business hours, the QA Inspector may schedule the final inspection for the next workday.

1.6. Management and Administration.

1.6.1. Energy Conservation. The contractor shall instruct employees on conserving utilities usage. The contractor shall be responsible for operating under conditions, which preclude the waste of utilities, including:

1.6.1.1. Utilizing lights only in areas where work is actually being performed.

1.6.1.2. During normal work hours, maintain temperature setting of 68 F (25.5 C) or less during heating period, 1 Oct - 31 May. Ensure radiator valves in quarters are adjusted to lower temperature setting at end of each workday, but not to the point where water lines may freeze.

1.6.1.3. Water faucets or valves shall be turned off after use.

1.6.2. Contractor Management. The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Project Manager (PM), experienced with Time/Schedule, Cost, and Quality control, physically present on-site during normal duty hours. The PM shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the PWS. At the Post Award conference, the Contractor shall submit to the COR, in writing, the name, title, office, home and mobile telephone number of the PM (Deliverable 103R003). A Contractor employee shall be designated to act for the PM when work is being performed outside of duty hours, or during the PM’s absence. Both

Page 5 of 57 Rev 3 the PM and the Contractor employee filling in for the PM, shall have full authority to act for the contractor on all Contract matters relating to daily operation of this Contract.

1.6.3. Contractor Responsiveness. The Contract Manager or alternate shall be available for telephone communication or site attendance, with the COR, as required by the COR, 24 hours a day, 7 days a week. 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 Contract Manager responds to all calls within a time not to exceed two (2) hours after notification of the call by the answering machine and/or service.

1.7. Hours of Operation. The contractor is responsible for conducting business, between the hours of 0800-1630 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce, able to meet the scheduled maximum quantities when needed, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Contractor may work outside normal hours in performance of work requirements, specifically emergencies, in relation to this contract.

1.7.1. Recognized Holidays.

U.S. Holidays – Work shall not 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.

Host Nation Holidays – Work shall not be performed on local German holidays occurring during the normal workweek.

The U.S. holidays are:

New Year's Day January 1st M L King Memorial Day 3d Monday in January yearly 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

The German national and local holidays are:

New Year’s Day 01 January

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

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, varies yearly Bavaria, Hessen, Nordrhein - Westphalia, Rhineland-Palatinate and Saarland) Assumption Day (Only in Saarland and Roman 15 August Catholic areas of Bavaria) Day of German Unity 03 October All Saints' Day (Only in Baden-Wuerttemberg, 01 November

Bavaria, North Rhine-Westphalia, Rhineland-Palatinate and Saarland)

1st Christmas 25 December 2nd Christmas Day 26 December

1.7.2. 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.

1.7.3. Place of Performance. The work to be performed under this contract will be performed at Baumholder, Germany. The United States Army Garrison (USAG) Baumholder, affectionately known as "The Rock" is set in the wooded hills of the Western Palatinate in the German federal state of Rheinland-Pfalz. USAG Baumholder plans and executes force protection operations, deployment support operations, garrison support operations and German-American relations to sustain Soldier, Civilian and Family well-being and readiness.

The apartments for this contract are all located in Baumholder, however there are two

(2) sections: Smith Housing is approx. 1 km from downtown Baumholder; while Wetzel Housing is approx. 2 km from downtown Baumholder.

1.8. Personnel. The contractor shall provide sufficient personnel to execute all work requirements within established standards and timelines, and possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract.

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All contractor personnel must be qualified and experienced in the skills and responsibilities of the position to which they are assigned. As a minimum, personnel shall meet the requirements stated in 1.8.2. Trades. All applicable professional and occupational, standards as recognized by the industry and/or required by law, will apply.

Personnel performing work under this contract shall remain employees of the contractor and not the U.S. Government.

1.8.1. Key Personnel. The Contract Manager (CM) and Alternate Contract Manager (ACM) are considered key personnel by the government. The contractor shall provide an English speaking CM who shall be responsible for the performance of the work and an English speaking ACM who shall act for the contractor when the CM is absent. The CM shall be dedicated full time to this project and shall be considered management by the contractor. The name of the CM and ACM shall be designated in writing to the Contracting Officer (KO) within 5 days of contract award. The CM or ACM shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM or ACM shall be available between 0800-1630 Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The CM shall be responsible for the overall management and coordination of this contract and shall act as central point of contact with the Government.

1.8.2. Trades. The contractor shall insure that there be a sufficient number of certified personnel recognized by the German Government (as defined in this paragraph in the sentence below the listing of Trades) for each of the following trades who shall be on the contractor or subcontractor payroll and on the job site as needed:

• Painter

• Floor layer

• Plasterer

• Mason

• Carpenter

• Metal worker/locksmith

• Plumber

• Heating Mechanic

• Electrician

Each trades person shall be, as a minimum, a certified Tradesman (Geselle) with the according certification (Gesellenbrief).

Requirements for additional trade skills that the contractor believes are necessary to adequately perform incidental tasks shall be submitted as identified, in writing with full justification, to the Contracting Officer for approval.

1.8.3. Conduct Of Personnel. The KO may require the contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in

Page 8 of 57 Rev 3 the interests of the Government. In accordance with the DOD JER, DOD 5500.7-R and 18 U.S.C. 1382 (1972), the installation commander has the authority to bar individuals from the installation. The removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this work statement. Failure to maintain a sufficient number of qualified individuals to perform the requirements of this contract is NOT a justifiable excuse to request an exception to the contract requirements or delayed performance of required services and does NOT entitle the contractor to request relief under the contract.

1.8.4. Conflict Of Interest. The contractor shall not employ any person who is an employee of the United States Government or the Department of Defense, either military or civilian, if such employment would create a conflict of interest or be contrary to the policies contained in Department of Defense (DOD) Joint Ethics Regulation

(JER), DOD 5500.7-R.

1.8.5. Personnel Habit. During execution of this contract, all apartments and housing quarters will normally be vacant, with the exception of housing facilities during Maintenance. Work shall be performed in a professional, workman like manner, with minimum disturbance to the occupants and/or facility users. Loudness, vulgarity, drunkenness, substance abuse, rudeness, or other similar offensive conduct by an employee of the contractor will be grounds for denying the employee access to the installation. There will be no use of alcohol or tobacco products (no smoking) within 50 feet or 15 meters or in housing units or any government facilities by contractor personnel.

The contractor shall insure that his personnel enter only those areas necessary for execution of the contract. The use of a dwelling unit’s telephone or bathroom is not allowed during the contractor’s execution of the work. Upon completion of work, the contractor shall clean the work area, including mopping if necessary, so that additional cleaning services will not be required before next tenant takes possession of the apartment.

1.8.6. Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public 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. Within 10 calendar days after the start of contract performance, the contractor shall submit to the KO a written list of all employees who will perform work under this contract. This list shall include name, work assignment, qualifications, and work experience. Changes shall be submitted not later than 24 hours prior to the implementation of the change. In emergency situations and cases of adverse actions involving contractor employees where this notice is not possible, the contractor shall submit the change in writing to the KO not later than 24 hours after the

Page 9 of 57 Rev 3 change is implemented. The contractor personnel shall be required to obtain at contractor’s expense and wear identification badges that include the person's name, name of the contractor, and function. Each employee shall wear the badge on the outer clothing, chest high, and be visible at all times.

1.9. Quality Control. The contractor shall develop and maintain an effective quality control program 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 quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

The Quality Control Plan (QCP) shall be submitted 30 days after award of contract.

QCP will require acceptance by contracting officer. Changes to the QCP shall be submitted to the KO for approval not later than 5 working days prior to the effective date of change. After acceptance of the quality control plan, the contractor shall receive the KO’s acceptance in writing of any proposed change to his QC system. The basic tenet of this plan is that the contractor is responsible for quality. All methods, procedures, and forms shall support this concept. The QCP shall:

1.9.1. be structured to assure independence from any other parts of the contractor’s organization.

1.9.2. allow for direct coordination between the government and the contractor’s top management.

1.9.3. address overall project management and administration.

1.9.4. be a comprehensive program to plan and deliver quality services to the Government.

1.9.5. cover all services described in this contract, prioritize services, and concentrate on the most important services.

1.9.6. describe a method acceptable to the Government of identifying deficiencies in the quality of service performed under this contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon Government direction.

1.9.7. establish an inspection system covering all services required by this contract.

This plan shall specify areas to be inspected on a scheduled or unscheduled basis and the title of the individual who will do the inspection.

1.9.8. contain specific quality control techniques for contract services. The quality control methods shall be comprehensive and adaptable to the reporting systems of the

QCP.

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1.9.9. include a customer complaint feedback system for correction of validated complaints and to inform the customer of corrections. The QCP shall describe how users or other interested parties may identify problem areas or situations to the contractor. The customer complaint program (i. e. such as a Non-compliance Report) shall be compatible with the reporting and communication systems of the QCP.

1.9.10. require documentation of all contractor quality control inspections and corrective actions taken be maintained by the contractor throughout the term of this contract.

Inspection documents shall be made available to the KO upon request.

1.9.11. describe methods of direct and indirect communications with the Government regarding performance of the contract. The communications shall include regular and formal meetings with the Government. Informal communications shall be addressed.

1.9.12. describe an ongoing plan for staff professional development, including orientation for new staff, required in-service, and other professional development on a continuing basis.

1.10. Quality Assurance. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. The plan stipulates the type and frequency of inspections the Government will conduct in order to ensure that the contractor performs in accordance with the quality provisions of the contract and to the standards established for acceptable performance. The plan includes, if appropriate to the service being provided, the maximum acceptable defect rate(s) of services provided. This plan is for the Government’s use and is not provided to the contractor for any purpose. The standards of performance of services performed under this contract are listed in the TE A - Performance Requirements Summary (PRS).

1.11. Security Requirements. Contractor personnel or any representative of the contractor entering a U.S. Installation shall abide by all security regulations such as, but not limited to, AR190-16*, and shall be subject to security checks.

1.11.1. Search and Seizure. Contractor personnel and property shall be subject to search and seizure upon entering the US installations of USAG Baumholder, while on the installation, and upon leaving the confines of a U.S. Installation in accordance with all applicable regulations such as, but not limited to, AR 190-16*.

1.11.2. Physical Security. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. The contractor shall develop and implement a physical security plan. The physical security plan shall include all government property and equipment furnished for the performance of this contract. The physical security plan shall be submitted to the KO within 3 calendar days prior to the start of contract performance. Changes to the physical security plan shall be submitted to the KO for approval not later than 3 work days prior to the effective date of the change. The Government will not be responsible in any way for damage or loss to the contractor’s supplies, materials, equipment, and property or to

Page 11 of 57 Rev 3 the contractor personnel’s personal belongings that are damaged or lost due fire, theft, accident, or other disaster. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.12. 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 Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from 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 Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.12.1. Contractor Provided Keys. The contractor shall provide five (5) keys for all new locks provided under paragraph 1.6.14 or because of contract work to the COR at time of final inspection.

1.12.2. Issuance of Keys. The contractor shall report to Family Housing Monday through Friday after 08:00 hours. At this time keys for vacant quarters will be issued to the contractor and/or his authorized representative for work to be performed as stated on the Task Order.

1.13. Contractor Liabilities and Responsibilities. The contractor shall be responsible for the following work activities, and shall be fully liable for all damages resulting from deficiencies in these areas:

1.13.1. Final Inspection. A final inspection will only be carried out after completion of all scheduled work phases. A combined list of deficiencies will be established at the

Page 12 of 57 Rev 3 time of inspection. A re-inspection of the deficiencies will be done on the following workday. Inspection time will be determined at the 08:00 hours meeting on that day. If the final inspection must be rescheduled after the work completion date due to failure to perform the required work liquidated damages will be assessed daily in accordance with AR 420-1, Army Facility Management. For example, if the performance period ends on a Friday and the contractor fail to pass the inspection, liquidated damages will be assessed for the entire weekend including the day of re-inspection and work acceptance.

1.13.1.1. The day work is completed shall be the day of inspection. The inspection shall be scheduled no later than the final day of the performance period. All work shall pass inspection within the performance period, or liquidated damages will be assessed.

When the completion date is Saturday or after business hours, the COR may schedule the final inspection for the next work day without liquidated damages assessed to the contractor.

1.13.1.2. A final inspection will be carried out only after completion of all scheduled work. A combined list of deficiencies will be established at the time of inspection. Re-inspection of the deficiencies will be done on the following workday. Inspection time will be specified by the COR. If the final inspection is rescheduled after the work completion date, due to failure to perform the required work, liquidated damages will be assessed daily, including German holidays and weekends. For example, if the performance period ends on a Friday, and the contractor fails to pass the inspection, liquidated damages will be assessed for the entire weekend, including the day of re-inspection and work acceptance.

1.13.2. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The contracting officer, Contracting Officers Representative (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 will 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.

1.13.3. Surveillance Activity Checklist and Quarters Cleaning Checklist. These checklist can be found at TE E and will be used by the Inspector for Final Inspection.

One copy should be handed to the Contractor or his/her Representative.

1.13.4. Liquidated Damages. Liquidated damages will be assessed against the contractor for quarters, which are not completed in the allotted performance period, without any additional documentation specifying the different reasons. The daily liquidated damages rate shall be computed as follows: Basic Allowance for Quarters/Overseas Housing Allowance, re-inspection and transportation cost. The

Page 13 of 57 Rev 3 liquidated damages will be assessed in the amount of EUR 51.69 per calendar day (in accordance with AR 420-1)

1.14. Contracting Officer Representative (COR). The (COR) will be identified by separate letter. 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 Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, 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.

1.15. Protective Measures. The contractor shall be responsible for protection of property in areas and/or facilities used by his personnel during the execution of this contract. The contractor is responsible for removing and relocating furniture (including carpets and curtains) as necessary for the operation of the work site. Furniture and other property shall be protected from soiling by covering with plastic sheet or other suitable material. Lights, fans, water faucets and other installed equipment in unoccupied buildings or apartments shall be shut off, and windows and doors shall be closed and properly locked.

Any Government or occupant owned property damaged by the contractor in the performance of the work shall be immediately repaired or replaced by the contractor at no expense to the U.S. Government. Further, the contractor shall be solely responsible for loss of or damage to occupant or U.S. Government Property caused through neglect or improper protective measures during or after work performance.

Work areas, whether inside a building or on the exterior, shall be kept neat, orderly in condition, free of clutter, and thoroughly cleaned upon completion of work. Materials, supplies, or equipment that could constitute a hazard shall be safeguarded while in use.

Special attention shall be given to flammable materials and potential safety hazards.

Spillage, spots, or stains of paint or oil shall be removed daily by approved methods.

Parts, materials, tools, and similar items shall be stored in a neat and orderly fashion.

Aisles and passageways shall be kept clear of clutter. Appropriate measures shall be taken to reduce or eliminate airborne dust or debris during contractor operations.

1.16. Furnishings and Appliances. The contractor shall be responsible for removal and store of existing furniture (including carpets and curtains) and appliances as necessary for the preparation of the work site. Furniture and other property shall be covered with plastic sheets or other suitable material to provide adequate protection

Page 14 of 57 Rev 3 from soiling. The contractor is responsible to clean all property (Furniture etc.) when soiling occurs during work performance. Upon completion of the work, the area shall be cleaned, protective covers removed, and the furniture (including carpets and curtains) and appliances returned to its original location. The contractor is responsible for all damage he/she causes.

1.16.1. Loss of Property. The contractor shall be liable for loss or damage of U.S.

Government property and privately owned property of civilian or military personnel caused by his personnel in the performance of their work. Lost or mislaid property found by the contractor's personnel shall be delivered to the COR within four (4) work hours of locating the property with notation of place and circumstances of the discovery.

1.16.2. Disposal. The contractor shall dispose of all existing material, which has been removed or disconnected from a work site, in accordance with the U.S. Government and German law, such as but not limited to, Recycling Management Law and all supplementary Statutory Orders (Kreislaufwirtschaftsgesetz und alle ergaenzenden Rechtsverordnungen).

1.17. 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 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.

1.18. Correspondence. All correspondence between the contractor and the U. S.

Government pertaining to this contract shall be written in the English language, with the exception of bills of lading, delivery slips and receipts, which may be submitted in the German language.

1.19. Records Access. The contractor shall maintain a current file of all technical and administrative records pertaining to the execution of this contract for review by the U.S.

Government, within two (2) working days of request.

1.20. Historical Data. These data, along with other information contained in this document (such as the technical attachments), are provided for general information and planning purposes, are not necessarily all inclusive, and should not be construed as limiting the Contractor’s performance under the PWS.

1.21. Organizational Conflict of Interest. 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

Page 15 of 57 Rev 3 perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever he/she becomes aware that such access or participation may result in any actual or potential OCI and shall promptly start procedures to avoid or mitigate any such OCI.

The Contractor’s procedures for avoidance or mitigation will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided, the Contracting Officer may affect other remedies as he/she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.22. Safety. In order to provide safety control for protection of the life and health of employees and other persons; for protection of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of the Contract, the contractor shall comply with EM 385-1-1, US Army Corps Safety and Health Requirements Manual. The contractor shall within 30 days of the effective contract award date submit to the COR for approval a Safety Plan. The contractor also shall comply with all other U.S. Government and German safety regulations to prevent work accidents.

If the contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages to the contractor.

Contractor personnel shall obey all installation traffic regulations such as, but not limited to, the Army Regulation listed in Part 6 of this PWS. Violation of posted traffic regulations may constitute grounds for withdrawal of an employee's installation pass.

1.22.1. Reporting of Onsite Accidents or Injuries. The contractor shall notify the COR within 2 hours of occurrence of all accidents involving personal injury or property.

The notification is to be followed by written notification within 3 working days. If the accident involves a U.S. Firm or German Firm, the contractor shall submit a copy of DA Form 285 (US Army Accident Investigation Report) to the COR no later than 3 working days after occurrence of all personal injury accidents and property damage according to the regulation. The contractor shall safeguard all tenants and visitors to facilities under this contract. The contractor shall hold the U.S. Government harmless from all actions or lacks of action by the contractor.

1.22.2. Installation Security Clearances and Entry Passes. Access to worksites and U.S.-controlled areas is limited to persons who meet security criteria and are authorized by German law to work in Germany. Failure to submit required information and obtain

Page 16 of 57 Rev 3 required documentation or clearances will be grounds for denying access to worksites and U.S.-controlled areas. The contractor will inform employees of these requirements.

1.22.2.1. At least 5 days before a contractor or subcontractor employee needs access to a U.S. installation to perform work under contract, the contractor will give the contracting officer or contracting officer’s representative the following for each employee:

• Three (3) copies of AE Form 604-1 B-R (Personnel Data Worksheet /Personaldatenanfrage Arbeitsblatt) completed according to USAREUR Regulation 604-1.

• Two passport-size photographs.

• Good Conduct Certificate (GCC) / Polizeiliches Führungszeugnis, except for individuals who have U.S. identification (ID) cards. Contractor personnel who do not have a GCC or an U.S. ID card will be escorted by U.S. Government personnel (U.S. or local national) when working on USAREUR installations.

Copies of the following identification and permits are required as follows:

- German citizens: a clear copy of their German ID card / Ausweis or passport showing their picture and full name.

- Citizens of European Union (EU) – member countries other than Germany: a clear copy of their residence permit / Aufenthaltsgenehmigung.

- Non-U.S.-ID cardholders and other citizens of non-EU-member countries:

a clear copy of German Work Permit / Arbeitserlaubnis and country ID card or passport showing their picture, full name, country of issue, and nationality.

- U.S.-ID cardholders: a clear copy of the front of their ID card. U.S. ID cardholders do not need Aufenthaltsgenehmigung or Arbeitserlaubnis.

• Other information as specified by the contracting officer.

• A list of private and commercial vehicles, including those belongings to subcontractors, that will be used during contract performance. This list will include the following information:

- Vehicle make.

- Vehicle model and year of manufacture.

- Vehicle-identification number.

- License-plate number.

- Name and driver’s license number of each vehicle operator.

1.22.2.2. The contractor will obtain installation passes from the appropriate issuing authority for each contractor and subcontractor employee needing access to U.S.

installations. The contractor will establish procedures to control and account for passes and to ensure that they are immediately retrieved and returned when their employees no longer need them (for example, when an employee transfers or is no longer employed by the contractor). These procedures will include the actions required by USAREUR Regulation 190-13 for lost and stolen passes.

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1.22.3. Fire Protection and Fire Prevention. The contractor shall observe all fire protection and fire prevention regulations such as, but not limited to, the Army Regulation listed in Part 6 of this PWS. The contractor shall insure that all contractor employees are made aware of fire safety requirements on an annual basis. Contractor employees shall report potential and/or observed fire hazards to the contractor for immediate notification of the COR. The contractor shall develop a reporting format to be utilized for this purpose.

1.23. Environmental Compliance. The contractor shall comply with all Federal, State, and local (United States and Germany) environmental protection laws and regulations such as, but not limited to, the Standards, Norms, Laws, and Regulations listed in Part 6 of this PWS, and any other Contract requirements for clean air and water, toxic and hazardous substances control, pollution control, and resource conservation and recovery. The contractor shall provide and enforce the use of personal safety equipment. Any environmental protection matters or questions shall be coordinated with the COR.

The contractor shall strictly comply with manufacturer's guidelines and professional recommendations for control of humidity, temperature, cleanliness and proper segregation by compatibility and material handling of all hazardous materials. All occurrences of hazardous material spills will be reported within one hour of occurrence via telephone or verbally, followed by a written report (electronic) to the COR. All hazardous material spills occurring during the execution of this contract shall be fully documented and maintained on file by the contractor.

Hazardous waste shall not be stored on the premises/work site or disposed of in containers for household waste, construction debris or recyclable materials. Rags, mops and brushes which are saturated with combustible fluids, shall be stored in a tight metal container outside of buildings. Paint and thinners shall not be poured into building drain lines or sewer.

1.23.1. Spill Responsibilities. The contractor is solely responsible for any and all spills or leaks of hazardous waste occurring from the contractor's operation under this contract. This responsibility includes storage, transportation, handling, and disposing of hazardous materials, whether Government furnished and/or contractor owned or rented equipment is involved in the operation. The contractor shall clean up all spills or leaks in full accordance with the applicable U.S. Government and German environmental laws. The contractor shall keep available at all times spill kits, consisting of 50 liters of absorbent material, broom, shovel, and 5 chemical resistant plastic bags (minimum 10 liter capacity). In the event that the contractor is not responding to spill cleanup in a timely manner, the Army Environmental Office and/or the Army Fire Department will contact the appropriate spill response firms/agencies. The contractor will be liable for all associated costs.

1.23.2. Spill Reporting. The contractor shall report within one hour to the COR all spills or accidental releases, regardless of quantity. The contractor shall coordinate all clean-

Page 18 of 57 Rev 3 ups with the Environmental Office, DPW. The contractor shall contain, cleanup, and decontaminate all such spills or accidents, regardless of size, immediately, and correct all damages. Materials such as adsorptive clay, hydrated lime, and sodium hypochlorite should be kept on hand at all times for use in emergency detoxification of spills or leaks.

No Government assistance shall be requested except in the case of a life or environmental endangering situation; in such case, the contractor shall contact the US Fire Department (Hazardous Substance Spill Response Team). All recovery costs (labor, equipment, material, supplies, etc.) will be charged to the contractor.

A written report, detailing the circumstances of the spill, shall be provided to the COR within 7 calendar days after the initial notification. The report shall include the following information:

• Item Spilled.

• Quantity Spilled.

• Exact date, time, and location of spill.

• Initial actions taken.

• Clean up and disposal procedures performed or planned.

The contractor shall provide the COR, within 30 calendar days after the initial notification, a final Summary Report summarizing:

• the clean-up and disposal procedures taken

• any other assistance required

• any personal injury involved

• name(s) and telephone numbers of all authorities contacted, and

• any required report of the spill accident.

1.23.3. Transportation of Hazardous Materials. The contractor shall comply with German regulations concerning transportation of hazardous materials and regulations governing the identification, packing, labeling, and marking of hazardous materials for transportation. The contractor shall in addition, comply with all Federal, State, and Municipal German requirements, including obtaining all necessary permits, licenses, and approvals for each shipment. All necessary labels and marking shall be affixed to all containers and vehicles prior to leaving U.S. Government premises.

1.23.4. Spill Disposal. The contractor’s hazardous waste shall be transported and disposed of IAW environmental laws for German including, but not limited to, environmental laws listed in Part 6. Each disposal action shall be accompanied by the submittal of documentation of disposal to the COR.

1.23.5. Polycyclic Aromatic Hydrocarbon (PAH). Hardwood flooring in Army Family Housing dwelling units may have PAH containing adhesives. The contractor is required to follow applicable host nation environmental and safety requirements (e.g. “Instruction Manual for the Removal of PAH-Containing Adhesives for Wood Floors” prepared by

Page 19 of 57 Rev 3 the Berufsgenossenschaft der Bauwirtschaft [Professional Associations of Building Industry]).

1.23.6. Clean Up of Work Site. The contractor shall clean up the project area at the completion of the specific task, or at the close of each contractor workday, whichever comes first, and dispose of all waste generated in the performance of this contract in accordance with current regulations and German laws. At no time will the Contractor be allowed to dispose of waste in U.S. Government dumpsters and trash receptacles.

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