PWS_PHIT(LH_MHE) KrS25 CAO06JUN V2.pdf

PERFORMANCE WORK STATEMENT (PWS)

Keris Strike 2025 Line Haul/ Material Handling Equipment (MHE)

Malaysia

15 MAY 2025

TABLE OF CONTENTS

PART 1. GENERAL INFORMATION

PART 2. DEFINITIONS & ACRONYMS

PART 3. GOVERNMENT PROPERTY (GP) AND SERVICES

PART 4. CONTRACTOR FURNISHED ITEMS AND SERVICES

PART 5. SPECIFIC TASKS

PART 6. APPLICABLE PUBLICATIONS

PART 7. ATTACHMENT AND TECHNICAL EXHIBIT LISTING

Part 1 General Information

1. General: This is a service contract with equipment and personnel to provide a Customs Broker, Line Haul and Material Handling Equipment (MHE) capabilities of loading containerized and non-containerized equipment weighing less than 10,000lbs and no more than 40 Tons. Containerized equipment will be configured in containers ranging from quadcon to twenty-foot equivalent unit (TEU). Containers may contain hazardous materials (HAZMAT) including but not limited to explosives, pressurized gases, flammable liquids, flammable solids, oxidizing substances, corrosive substances, and miscellaneous substances. Non-containerized equipment could be any range of armored military vehicle.

The contractor shall provide capability to simultaneously upload and download containerized equipment across several locations also include the wash rack and line haul site. Contractor may select MHE from their fleet as required to meet the specified requirement, but the government recommends, 30,000 (30K) pound forklifts, Rough Terrain Container Handlers (RTCHs), flatbed truck, 30k crane, to support Exercise Keris Strike 2025.

1.1 Description of Services/Introduction: Port Handling/Inland Transportation (PHIT) and Vehicle Transportation include providing Port Embarkation (including necessary MHE), Port Debarkation (including necessary MHE), Line Haul, and Vehicle Transportation Lease in support of United States (U.S.) Government personnel. The Contractor will be required to service their leased equipment and be responsible to repair or replace the equipment, providing minimal interruption of required services..

1.2 Scope: The contractor will provide 20,000 lb capacity forklift with an operator, removable gooseneck (RGN) heavy haul trailer with an operator, flatbed trucks, each with a dedicated operator from July 9th, 2025, to August 7th, 2025, between 7:30 AM and 7:00 PM, seven days a week, or until project completion on Peninsular Malaysia, including Penang Butterworth Port, Ipoh, and Lumut.

Optional equipment includes a 30k crane with an operator and spotter. Customs Broker is responsible for customs/clearance of the vessel/air craft and all cargo IAW the Rules and Regulation of the Malaysian Government, Customs Authority, Port Authorities, or any other organization to enable a US Carrier Vessel to dock or US Aircraft to land and unload. Vehicles and operators transporting HAZMAT must be in compliance with all applicable local laws and regulations.

Vehicles utilized to transport Hazard Class 1 cargo (explosives) must comply with the additional safety requirements set forth in section 1.16.2 of this contract.

1.3 Objectives: To fulfill the U.S. Government’s need for material handling equipment and customs/clearance of the vessel/air craft and all cargo in Malaysia. Obtain efficient, cost-effective services by providing a Customs Broker, Line Haul and MHE, capable of supporting KrS25 in Malaysia.

1.4 General Information: The contractor shall ensure that all assets are following all safety and environmental regulations and all 30k forklifts should be equipped with an operational internal weight scale. The scales shall be accurately calibrated for use. The contractor is responsible for all maintenance the equipment might need that is not considered damage due to negligence, and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair shall be prepared to swap out the vehicle. The government will NOT provide fuel for the vehicles at any point throughout the period of performance. The contractor shall have a company representative on call to respond to equipment operability issues with full telephone coverage and authority to make decisions on behalf of the company. The time starts for a required maintenance call when the Government calls or texts the company representative. The contractor shall have a functioning voicemail. Lack of telephonic capabilities by the contractor does not relieve the contractor of liability for required time frame to make equipment operational.

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

1.5.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP shall be submitted within thirty (30) days of contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s (KO) acceptance in writing of proposed changes to the QC procedures.

The contractor shall submit QCP changes within five (5) days to the KO and Contracting Officer’s Representative (COR) for review and approval prior to implementation.

1.5.1.2 The Quality Control Plan shall address as a minimum:

1.5.1.2.1 Inspection Program. Included shall be a quality control inspection program covering all general and specific tasks included in the contract scope of work. It shall specify tasks or areas to be inspected on a scheduled or unscheduled basis, the manner in which inspections are to be conducted, the titles of the individuals who will perform the inspections, and the percentage of the work that will be inspected on a recurring basis. In developing this inspection program, the Contractor shall identify the key activities and associated characteristics in each process that have a significant influence on specific services and provide for methods for evaluation of the selected characteristics.

1.5.1.2.2 Deficiency Identification. The QCP shall include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable as defined in the PRS. This shall contain processes for corrective action without dependence upon Government direction.

1.5.1.2.3 Deficiency Correction. The program shall contain process control and process performance measurement procedures that shall include how the Contractor shall implement preventive corrective actions. The Contractor shall demonstrate that it has designed quality into the delivery of services thereby mitigating the risk(s) associated with delivery of deficient or nonconforming services.

1.5.1.2.4 Documentation and Enforcement. The QCP shall include a method of documenting and enforcing quality control operations of both prime contractor and subcontractor work;

including inspection and testing.

1.5.1.2.5 Trend Analysis. The QCP shall include a method of performing trend analysis and assessments through the use of metrics.

1.5.1.2.6 Surveillance Methods. The QCP shall contain specific surveillance techniques for all contract services. The surveillance methods shall be comprehensive and adaptable to the reporting system of the plan.

1.5.2 Operations Security (OPSEC) SOP/Plan Requirements: The Contractor shall implement and maintain an OPSEC program for preventing the disclosure of critical information or sensitive information which could jeopardize the Government’s ability to execute its mission or to adequately protect its personnel and/or equipment. The Contractor shall develop an OPSEC Standing Operating Procedure (SOP)/plan within 90 calendar days of contract award to the Contracting Officer Representative (COR) or Contracting Officer (KO) to be reviewed and approved by the Government OPSEC Officer on the supporting installation.

The SOP must contain a training plan that includes an initial OPSEC brief, continuous awareness, and annual OPSEC training. Awareness/training includes, but not limited to information disclosure via letters, conversations, photographs, resumes, electronic mail (e-mail), Social media/networking sites, dissemination of information and documents disposal.

OPSEC Program shall fully comply with the provisions of AR 530-1, Operations Security.

1.5.3 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards and contract quality requirements are met.

Contract quality requirements” means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

1.5.4 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.

1.5.4.1 U.S. Holidays: Work shall be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

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

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

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

1.5.5 Operating Hours: The contractor is responsible for conducting business between the hours of 0730 to 1900 Monday through Sunday or when the Government has completed dall daily movement of 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 for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.5.6 Place of Performance: The work to be performed under this contract will be performed stated in the table below.

1.5.7 Type of Contract: The government will award a Firm-Fixed Price Contract in support of qualified requirements.

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

1.6.1 Security Program: Contractor personnel performing work under this contract must have a level I security at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW with the DoD Contract Security Classification Specification (DD Form 254), which is currently accessible at the following link: http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf http://www.dtic.mil/whs/directives/forms/eforms/dd0254.pdf

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the level in the Defense Information System for Security (DISS) at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are IAW the DoD Contract Security Classification Specification DD Form 254. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with FAR 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the DoD Security Agreement (DD Form 441), and the NISPOM rule at 32 Code of Federal Regulation (CFR) Part 117, effective 24 Feb 2021. The NISPOM is the National Industrial Security Program Operating Manual to which contractors must implement and comply.

1.6.2.1 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted by the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement.

Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any contractor or subcontractor employee performing services under this contract:

• Full birth name

• Married name (if applicable)

• SSN or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

1.6.2.2 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) Any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.6.2.3 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.2.4 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. 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 issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award {Insert Deliverable #}”). The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log ({Insert Deliverable #}).

1.6.3.2 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.3.3 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 2 days ({Insert Deliverable

1.6.3.4 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 2 days ({Insert Deliverable #}).

1.6.4 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S and host nation background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within 3 days of receipt by the Contractor, identifying such with the appropriate contract number ({Insert Deliverable #}). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within 24 hours of receipt by the Contractor, identifying such with the appropriate contract number ({Insert Deliverable #}).

When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.5 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager current documents required for working on a US installation, no later than five (5) days after contract award. ({Insert Deliverable #}). Forwarding correspondence from the Contractors shall identify the associated contract number.

1.6.6 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use.

1.6.7 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: The Contractor shall establish and implement methods of making sure all keys 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 Contractor’s Security Plan and 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 incidents of lost or duplicate keys 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 payment due to 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 payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys 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 Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter.

Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The 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, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) days after contract award.

({Insert Deliverable #}). 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 0700 -1900 Monday through Sunday. Qualifications for all key personnel are listed below:

1.11 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). ({Insert Deliverable ###})

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

1.13 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.

1.14 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 ({Insert Deliverable http://www.dimoc.mil/resources/limitations/

#}). 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.

1.15 Phase In /Phase Out Period: Reserved

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

1.16.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S.

Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel ({Insert Deliverable #}). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting

Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen

(15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

http://www.usace.army.mil/

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.16.1.2 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the Malaysian Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

1.16.2 Hazardous Materials Handling and Transportation: Department of Defense (DoD) personnel, including contractors, participating in the movement of regulated hazardous materials (HAZMAT) must comply with the rules of regulatory bodies governing the safe transportation of regulated HAZMAT for modes of transportation. For non-national security movements, the labeling, placarding, marking, compatibility, emergency response guidance, and other Hazardous Materials Regulations (HMR) requirements of Title 49 of the Code of Federal Regulations (CFR) are applicable to DoD-regulated HAZMAT cargo transported by military or commercially operated conveyances.

1.16.2.1 Motor Vehicle Inspection (Transporting Hazardous & Sensitive Materials): Prior to loading or unloading vehicles, Contractor shall ensure that all requirements listed on page one of attachment # are met and inspected by certified U.S. Government Employment for all vehicles used to transport placarded quantities of HAZMAT Class 1 (explosives) using DD Form 626, Motor Vehicle Inspection (Transporting Hazardous & Sensitive Materials. Vehicles and operators must remain in compliance with all applicable provisions listed on DD Form 262 while transporting explosives. Contractor shall maintain a copy of the DD Form 262 during transport.

1.17 Environmental Compliance: N/A

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

1.18.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR or KO within ten (10) calendar days after completion of training by all employees and subcontractor personnel. For Common Access Card (CAC) holders, AT Level I awareness training is available at https://jkodirect.jten.mil, course number “JS-US007-14”. For non-CAC holders, AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html (this standalone version is intended for non-CAC users without a JKO account only). Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local AT Officer at their assigned location for classroom training by a Level 2 trained AT Officer and a copy of either the training certificate or the training attendance roster signed by the AT Officer will be maintained by the Contractor. Verification of the training will be provided to the COR or KO within ten (10) calendar days after completion of the training.

1.18.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.18.3 iWATCH Training: The Contractor will ensure that all Contractor employees and sub-contractor employees performing services under this contract have been briefed on the iWATCH Program, or equivalent for their supporting DoD Agency, within 30 days of employment under the contract. The Contractor will coordinate with the supporting DoD Agency AT Officer through the COR or KO for the briefing. This training will be updated as required by the supporting installation AT policies. A copy of the training attendance will be maintained by the Contractor and made available to the COR or KO upon request.

1.18.4 Information Assurance (IA) Training

1.18.4.1 Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Training. All employees working information technology (IT)/IA functions must comply with DOD and Army training requirements per DOD Directive (DODD) 8570.01, Information Assurance Training Certification and Workforce Management, DOD 8570.01-M, Information Assurance Workforce Improvement Program, and AR 25-2, Information Assurance, within 30 days of employment.

Training is available at https://ia.signal.army.mil/DODIAA/default.asp .

1.18.5 Threat Awareness Reporting Program: Within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including https://ia.signal.army.mil/DODIAA/default.asp subcontractor employees, who are employed under the contract and require a security clearance, shall complete TARP training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within ten (10) calendar days after completion of training by all employees and subcontractor personnel. TARP training is available at the Army Learning Management System (ALMS) https://www.lms.army.mil/. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local Counter Intelligence (CI) Officer at their assigned location for classroom training and a copy of either the training certificate or the training attendance roster signed by the CI Officer will be maintained by the Contractor.

Verification of the training will be provided to the Contracting Officer (KO) or Contracting Officer Representative (COR) within ten (10) calendar days after completion of the training.

1.18.6 Personally Identifiable Information (PII): Reserved

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Work Week - Monday through Friday, unless otherwise specified.

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

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification

IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit USAG United States Army Garrison USAREUR United States Army Europe UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Government Furnished Property: The Government will not provide property or services in the performance of this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 Contractor Furnished Facilities and Equipment – General

4.1.1 The contractor shall procure material, equipment, and supplies, which are incidental to the provision of services of this PWS. The contractor shall ensure on-site maintenance personnel are equipped with proper individual / hand tools for the effort to be completed (i.e.

general mechanics tools). The Government will not provide individual tools to be used by maintenance personnel under this effort. Each employee mechanic must have their own tools.

The Government has revoked its assumption of risk regarding individual tools used under this effort. At no time will the Government be responsible for the replacement of lost, damaged, or broken individual tools.

4.1.2 Except for those items and services specifically stated in Part 3 as Government-furnished, the contractor shall furnish everything needed to perform this contract according to all its terms and conditions as stated in specific sections of this PWS and as identified in the Purchasing/Invoicing Guide.

4.1.3 Contractor-furnished equipment or items, inoperable or unserviceable for any reason, must be removed from the U.S. Government’s Installation within ten (10) business days after failure. The condition of contractor-furnished equipment shall not relieve the contractor of responsibility to provide services as required in this contract. The contractor shall immediately notify the KO and COR, in writing, of circumstances regarding delay of work due to equipment or material problems.

4.1.4 The contractor shall furnish additional telephone and peripheral equipment requirements not furnished by the U.S. Government, if required. All additional costs must be approved in writing by the KO prior to the items being placed in service.

4.1.5 All contractor furnished vehicles shall be maintained in a neat, presentable, and operational condition and shall meet Government safety inspection standards. The contractor’s vehicles not meeting standards shall not be operated or stored on U.S. Government installations. The contractor shall provide a sign on the right and left side of contractor furnished vehicles with the contractor's company name and telephone number.

4.2 Materials and Equipment

4.2.1 The contractor shall use the equipment type and size suitable for the required operation and shall operate the equipment from existing Government-furnished…