W564KV23Q0016 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV23Q0016 08-Mar-2023

b. TELEPHONE NUMBER

542-6884

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 24 Mar 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANNA KARINA DRAGOLICH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

67657 KAISERSLAUTERN

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541380

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV23Q0016

Section A - Solicitation/Contract Form

ADDITIONAL INFORMATION

IDIQ INFORMATION

Contract Period: This Request for Quote (RFQ) is for a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract with a five (5)-year ordering period.

Contract Minimum and Maximum: The guaranteed minimum is the only guaranteed amount to be awarded under this solicitation and specifcally represents the Minimum Guarantee as defined by FAR 52.216-22 contained herein. The guaranteed minimum for this requirement will be €2,500.00. All other amounts, as found in this solicitation, are estmates only and do not bind the Government in any way. These estimates are not intended as actual amounts, nor are they intended to be not-to-exceed amounts or to limt the scope in any way. The resulting contract will contain a single total maximum amount. The maximum total amount to be ordered aginst the resulting contract shall not exceed the maximum amount of $249,999.99. Only the Agency awarding the contract is authroized to place orders.

Contract Line Item Numbers (CLIN) Quantities: The quantities on the line item represent estimated values and may not all be ordered in accordance with FAR clause 52.216-22, Indefinite Quantity. Line Item quantities are stated in quantities that are proportionate to work performed based on historical information. They do not represent actual JOBS anticipated for performance. The only controlling factor are the limitations established in FAR 52.216-19 Order Limitations.

REQUIRED SERVICES

a. The non-personal services required under the subsequent contract are for providing laboratory services for the USAG Rheinland-Pfalz, Kaiserslautern Military Community and Rhine Valley Military Community. The requirements shall be completed in accordance with the Performance Work Statement (PWS) and all attachments, exhibits, amendments, tasks, and schedules thereto.

b. The points of contact for this action are Anna-Karina Dragolich, Contract Specialist, Email:

anna-karina.dragolich.civ@army.mil and Erica Taylor, Contracting Officer, Email:

erica.j.taylor.civ@army.mil.

PLEASE NOTE: The Government’s obligation under this solicitation is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this requirement until the Contractor received notice of such availability, to be confirmed in writing by the Contracting Officer.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 200 Environmental Laboratory Services

FFP

Laboratory Services for US Army Garrison Rheinland-Pfalz. The Contractor shall provide services to include various types of sampling, testing, analyzing and assessing of soil, soil gas, groundwater, surface water, waste and contaminated construction material for the DPW Environmental Division in accordance with the Performance Work Statement (PWS) and all attachments, exhibits, amendments, tasks, and schedules thereto.

FOB: Destination

MAX

NET AMT

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT (PWS)

Environmental Sampling and Laboratory Analysis Services

Part 1

General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services: The contractor shall provide environmental sampling and laboratory analysis services for the USAG Rheinland-Pfalz, which includes Baumholder Military Community (BMC), Kaiserslautern Military Community (KMC), and the Rhein Valley Community (RVC).

1.2 Background: The U.S. Government, as a European and German partner, is required to follow and be in compliance with U.S., German, and European environmental standards, regulations, and laws.

Therefore, the U.S. Government needs to have the ability to be able to conduct environmental evaluations/ assessments/ investigations in order to stay in compliance with the standards, regulations, and laws stated above.

1.3 Scope: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform Environmental Sampling and Laboratory Analysis Services. The scope includes, testing, analyzing and assessing of soil, soil gas, groundwater, surface water, waste and contaminated construction material for the DPW Environmental Division as described in the PWS and associated contract documents, except for those items specified in Part 3, Government Property and Services.

1.4 Objectives: Objective of this project is to investigate soil, soil gas, water, wastes or building materials by sampling and laboratory analysis in order to identify and evaluate any potential contamination or environmental impacts as well as recommend appropriate corrective action.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): Contractor shall rely on their own existing quality assurance systems and plans. The Contractor shall make available, to the Government, the Contractor’s quality control plan upon request by the Government. (A.001)

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

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

1.5.3.1 U.S. Holidays: Work may be performed by the contractor on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer and coordinated with the COR prior. Government personnel are not expected to work on U.S. holidays. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day - January 1st M. L. King Memorial Day - 3rd Monday in January Presidents Day - 3rd Monday in February Memorial Day - last Monday in May Juneteenth - June 19th Independence Day - July 4th

Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran’s Day - November 11th Thanksgiving Day - 4th Thursday in November Christmas Day - December 25th

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

German national and local holidays are:

New Year’s Day - January 1st Good Friday - Varies Easter Monday - Varies Labor Day - May 1st Ascension Day - Varies Whit Monday - Varies Corpus Christ - Varies Day of German Unity - October 3rd All Saints’ Day - November 1st 1st Christmas Day - December 25th 2nd Christmas Day - December 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0700 to 1600 and days Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0700 to 1600, Monday through Friday. The Government facility may close due to local or national emergencies, holidays as described in paragraph 1.5.3.1 and 1.5.3.2 , administrative closings, or similar Government directed facility closing and will be communicated by the COR to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 to 1600, Monday through Friday unless closed during local or national emergencies, administrative closings, holidays as described in paragraph 1.5.3.1 and 1.5.3.2 or similar Government directed facility closings.

The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.5.5 Place of Performance: The work to be performed under this contract may be performed at the following locations. Specific location or locations will be determined on the Task Order:

Kaiserslautern Military Community (KMC):

Kleber Kaserne, Daenner Kaserne, Panzer Kaserne, Kaiserslautern Equipment Support Center, Kaiserslautern Army Depot, Pulaski Barracks, Rhine Ordinance Barracks, Landstuhl Hospital, Landstuhl Heliport, Breitenwald Training Area, Miesau Ammunition Depot, Sembach Kaserne, Husterhoeh Kaserne.

Baumholder Military Community (BMC):

Smith Barracks, Wetzel Kaserne, Wetzel FH, Baumholder FH, Baumholder QM Area, Baumholder Airfield, Baumholder Hospital.

Rhein Valley Community (RVC):

AAFES Depot Gruenstadt, Coleman Work Site Mannheim, and Germersheim Army Depot.

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

1.6.1 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/ data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

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

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

1.6.1.1 Installation Pass List: The Contractor shall provide the COR an Initial Installation Pass List within 10 calendar days after contract award. The list must at a minimum contain the following information: First Name, Last Name, and Nationality. The list shall be updated as employees are added or removed. The Updated Installation Pass List shall be current and available at any time upon request by the Government and submitted to the COR within five calendar days after any changes to the list.

(A.002)

1.6.1.2 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has ended or has been terminated and shall return them to the COR within 10 calendar days after collection.

1.6.1.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the COR within 10 calendar days after collection.

1.6.2 Physical Security: The Contractor shall safeguard all Government equipment, information, and property while on the Government Installation.

1.6.3 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: Reserved

1.8 Post Award Conference/ Periodic Progress Meetings: The Contractor shall attend a post award conference convened by the contracting activity or contract administration office as described in FAR subpart 42.5 upon award of the contract. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated Contractor representative shall attend meetings as requested by the Government.

Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): See contract clause 252.201-7000.

1.10 Key Personnel:

1.10.1 Program/Contract Manager: The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, shall be provided in writing to the Contracting Officer Representative no later than 15 calendar days after contract award. The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between the same hours and days as described in paragraph 1.5.4.2.

1.10.2 Environmental Project Manager: The contractor shall provide an Environmental Project Manager, or equivalently named position, in writing to the Contracting Officer Representative no later than 15 calendar days after contract award. The Environmental Project Manager shall oversee the entire Environmental Sampling and Laboratory Analysis Services process for each issued Task Order. The Environmental Project Manager shall have at least an academic degree in Environmental Engineering, Safety Engineering, Geologist, Geographer, Chemist, or other comparable Engineering/Science Degree.

In the absence of an academic degree, the Environmental Project Manager shall have at least six (6) years of job experience in the field of management of contaminated sites. In addition to the academic degrees or experience, the Environmental Project Manager shall be a certified expert in accordance with the German Federal Soil Protection Act (BBodSchG) and German Workers Compensation Board (Deutsche Gesetzliche Unfallversicherung) Rule 101 (formerly known as BGR 128). The contractor shall make available, to the Government, evidence of the Environmental Project Manager’s degrees or experience upon request by the Government.

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

1.12 Contractor Travel: Travel will not be separately priced and must be included in the Contractor’s total contracted price.

1.13 Other Direct Costs (ODCs): Reserved

1.14 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not repeal any other Government rights.

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

States Code (U.S.C.) Section 552a.

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

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

1.18 Required Training: The following provides information on training requirements.

1.18.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 calendar days after contract award date and 15 calendar days after employment of new personnel. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR, within five calendar days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. (A.003)

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer, at their assigned location, to coordinate classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within five calendar days after completion of the training.

1.18.2 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer (ATO)). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days after the contract is awarded and within 30 calendar days after new employees commence contract performance. Verification of the training shall be provided to the COR within five calendar days after completion of the training. Training video can be found on the Army OneSource web site: https://www.youtube.com/embed/vlzYhQp7fPw. (A.004)

1.18.3 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 calendar days after award of contract and within 30 calendar days after new employees commence contract performance. Verification of the training shall be provided to the COR within five calendar days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. (A.005)

Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within five calendar days after completion of the training. (A.006)

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer, at their assigned location, and coordinate classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within five calendar days after completion of the training.

1.19 Authorization to Perform Services in Germany

1.19.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements.

Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.19.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries;

(b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.19.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.20 Language Proficiency

The Contractor’s personnel identified in this paragraph shall meet the stipulated English proficiency levels in reading, speaking, and writing.

Level I:

a. Speaking: Able to satisfy minimum courtesy requirements and maintain very simple face-to-face conversations on familiar topics.

b. Reading: Sufficient comprehension to read very simple written material.

Level II:

a. Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective. Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.

b. Reading: Able to read within a normal range of speed and with almost complete comprehension of a variety of material on unfamiliar subjects. Can comprehend a variety of styles and forms pertinent to professional needs. Rarely misinterprets texts.

Level III:

a. Speaking: Able to use the language fluently and accurately on all levels normally pertinent to professional needs. Language usage and ability to function are fully successful.

b. Reading: Able to read fluently and accurately all styles and forms of the language pertinent to professional needs.

Required Levels of Proficiency for English Languages under this Contract:

Contractor’s Personnel: Read Write Speak Contract Manager and Alternate 2 2 2 Environmental Project Manager 3 3 3

Technicians/Other Employees 0 0 1

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Definitions are incorporated into this contract IAW contract clause FAR 52.202-1, which is located in contract clause FAR 52.212-4(e) of this contract. Any words not defined IAW FAR 52.202-1 or in any other contract clause, may be defined herein but may not be inclusive of every term used within this PWS:

Acceptable Quality Level (AQL) – is the minimum level of faults acceptable in a sample or inspection of a product or service in order for the entire product or service to be accepted. If the number of faults is higher than the AQL, then the entire product or service may be unacceptable.

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

Customary Commercial Practices - A method, procedure, process, or rule used in a particular field or profession routinely found in the marketplace for commercial products and services.

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

Firm Fixed Price (FFP) – A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.

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

Task Order Contract - means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

Task Order (TO) – means an order for services placed against an established contract or with Government sources.

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

Performance Standard (STD) – determines whether performance outcomes have been met; defines what is considered acceptable performance.

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

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

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

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

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

Work Day – means any day other than Saturday and Sunday or holiday IAW paragraphs 1.5.3.1 and 1.5.3.2.

Work Week - Monday through Friday, unless otherwise specified.

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

AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AQL Acceptable Quality Level AT Anti-Terrorism BBodSchG Bundes-Bodenschutzgesetz (Federal Soil Protection Law) BBodSchV Bundes-Bodenschutzverordnung (Federal Soil Protection Ordinance) CLIN Contract Line Item Number CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative DA Department of the Army DepV Deponie-Verordnung (Landfill Ordinance) DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DIN Deutsches Institut für Normung (German Institute for Standardization) DMDC Defense Manpower Data Center DoD Department of Defense DPW Directorate of Public Works FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property IAC Installation Access Control

IACO Installation Access Control Office IAW In Accordance With ID Identification IT Information Technology KO Contracting Officer LAGA Länderarbeitsgemeinschaft Abfall (State Council on Waste) OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) OPSEC Operations Security PII Personally Identifiable Information POC Point of Contact POV Privately Owned Vehicle 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 RA Requiring Activity RCO Regional Contracting Office SprengG Sprengstoff-Gesetz (Explosives Law) TE Technical Exhibit TRGS Technische Regeln für Gefahrstoffe (Technical Rules for Hazardous Substances) USAG United States Army Garrison USAREUR-AF U.S. Army Europe and Africa UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services: The GP and services described in this part is only the GP and services that the Government will provide in connection with performance of an issued TO. It does not fall under the definition of GFP as described in FAR part 45.

3.1 Services: The Government will coordinate and provide digging and photo permits in the environmental sampling area.

3.2 Utilities: The Government will provide water and electricity, if available in the environmental sampling area. If water and electricity are not available then contractor must provide their own utilities.

The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.

3.3 Materials: The Government may provide maps of the area where environmental sampling will take place.

3.4 Training: The Government will provide the training as described in PWS paragraph 1.18.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the services described in this PWS and associated contract documents except for those items specified in Part Three of this PWS.

4.2 Background Checks: The Contractor shall provide Background Checks in accordance with applicable laws and as determined by the Government.

PART 5

SPECIFIC TASKS

5.1. Services: The Contractor shall provide services for Environmental Sampling and Laboratory Analysis Services, which include testing, analyzing and assessing of soil, soil gas, groundwater, surface water, waste and contaminated construction material IAW customary commercial practices and The German Institute for Standardization (Deutsches Institut für Normung).

5.2. Site Inspection:

5.2.1 Sampling: Contractor shall conduct soil drillings for investigation of ground profile and soil, soil gas and groundwater sampling. Contractor shall take samples of various media (soil das, soil, water, building material etc.) in the environmental sampling area IAW the applicable HN standards.

Groundwater samples have to be taken from existing ground water monitoring wells or wells the contractor has to install. All samplings must be documented in sampling protocols. Photos must be taken of sampling locations and sampling work.

5.2.2. Surveying: The Contractor shall survey and document the exact location of drillings and samplings. All drillings and samplings locations must be horizontally and vertically measured and documented in tables with coordinates (UTM-coordinate system, WGS84) and maps.

5.3 Laboratory Analysis:

5.3.1 Contractor shall perform chemical analysis on samples taken at the environmental sample area IAW applicable laboratory standards.

5.3.2 Contractor shall perform physical analysis on the samples taken at the environmental sample area IAW applicable laboratory standards.

5.3.3. Contractor shall perform biological analysis on samples taken at the environmental sample area IAW applicable laboratory standards.

5.4 Reports:

5.4.1. Laboratory analysis report (A.007): The contractor shall provide a laboratory analysis report after every sample analysis has been completed. The report shall contain at a minimum:

a. Sampling information (sampler, sampling date, sample name)

b. Analysis time

c. Laboratory methods and techniques

d. Laboratory detection limits

e. Analysis results and applicable action values

f. Laboratory point of contact (POC)

5.4.1.1. The report shall contain the full name and signature of the person or persons that is/are responsible for the analysis.

5.4.2. Subject matter expert report (A.008): The contractor shall provide a subject matter expert report after every site investigation. The report shall contain at a minimum:

a. Description of investigation site

b. Purpose of the investigation

c. Investigation methods and techniques

d. Investigation results

e. Evaluation of the results

f. Visualization of the results (tables, graphs, maps)

g. Recommendations of corrective actions, if contamination has been confirmed

h. Rough cost estimates for recommended corrective actions, if required

i. Summary

j. References

The report has to be provided in German with an English summary.

Reporting shall be provided in two submittals:

a. Draft Report: The Draft Report shall be submitted to the COR for review within five (5) calendar days of the laboratory analysis has been completed.

b. Final Report: Contractor shall respond to review comments by accepting and incorporating them into the Final Report or by rejecting and explaining the rejection in detail. The Final Report shall be submitted to the COR within five (5) calendar days of receiving the COR’s review comments.

Draft reports shall be provided digitally only. Final reports have to be submitted in hardcopy (2 copies per report) including CD.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): The following publications, manuals, regulations, etc.

are mentioned in this PWS and are listed below.

Environmental regulations at Federal Level, in particular the Federal Soil Protection Act (BBodSchG) and Federal Soil Protection Ordinance (BBodSchV): www.bmuv.de

Environmental regulations at German state level, Rheinland-Pfalz including the ALEX-Merkblaetter and ALEX-Informationsblaetter: www.mueef.rlp.de

Environmental regulations at German state level, Baden-Wuerttemberg including LUBW-Leitfaeden:

www.um.baden-wuerttemberg.de

Environmental regulations for recycling of mineral waste: www.laga-online.de

Safety regulations at German federal level: www.baua.de

Safety regulations at German employer’s liability insurance level: www.dguv.de

German industry standards: www.din.de

German engineering standards: www.vdi.de

TECHNICAL EXHIBIT A

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To A.001, Quality Control Plan

Upon request by Government.

1 Electronic file;

delivery via email

COR

A.002, Installation Pass List

Initial list within 10 calendar days after contract award;

updates within 5 calendar days.

1 Via email COR

A.003, AT Level I Training

Initial within 30 calendar days of contract award; 15 calendar days after employment of new personnel – certificate to be provided within 5 calendar days of training completion

1 each Certificate, delivery via email

COR

A.004, iWatch Training

Within 30 calendar days of contract award/ new employment – training verification to be provided within 5 calendar days of completion

1 Verification via email

COR

A.005, OPSEC

Training

Within 30 calendar days of contract award/ new employment – training verification to be provided within 5 calendar days of completion

1 each Certificate, delivery via email

COR

A.006, OPSEC

Refresher Training

Every 12 months – certificate to be provided within 5 calendar days of training completion

1 each Certificate, delivery via email

COR

A.007, Laboratory Analysis Report

After every sample analysis has been completed.

1 Electronic file;

delivery via email

COR

A.008, Subject Matter Expert Report

After every site investigation. Draft Report – 1 copy

Electronic file;

delivery via email

COR

Final Report – 2 copies

Hardcopy, including

CD

COR

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

This information will be filled in at the task order level.

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

DEC 2022

52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) Alternate I

FEB 2000

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-18 Availability Of Funds APR 1984 52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After…