W912CM-13-P-0015.doc

Section SF 1449 - CONTINUATION SHEET

PREVENTIVE MAINTENANCE

FFP

Preventive Maintenance and Inspection of diesel generator systems as listed in Exhibit A hereto (equipment warranty period: 30 March 2012 - 29 March 2013) . Non-personal services for the annual maintenance as well as inspection on Emergency Power Systems, incl. minor repairs and installation of spare parts if needed at Shalikashvili Center (Bldg #01000) within the USAG Wiesbaden in accordance with the Performance Work Statement and Exhibit A.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010211012

ACRN AB

CIN: GFEBS001021101200010

$62,560.42

FFP

Preventive Maintenance and Inspection of diesel generator systems as listed in Exhibit A hereto (equipment warranty period: 30 March 2013 - 29 March 2014) . Non-personal services for the annual maintenance as well as inspection on Emergency Power Systems, incl. minor repairs and installation of spare parts if needed at Shalikashvili Center (Bldg #01000) within the USAG Wiesbaden in accordance with the Performance Work Statement and Exhibit A. NOTE: THIS LINE ITEM IS NOT FUNDED AT TIME OF AWARD (see hereto included clause 252.232-7007).

ON CALL REPAIRS

On call repairs (2 x routine / 2 x emergency - if required and caused by the Government only) in accordance woth the Performance Work Statement (PWS).

ACRN AB

CIN: GFEBS001021101200030

$13,257.84

MATERIAL / SPARE PARTS

Estimated amount of material / repair parts (if caused by the Government only) in accordance with the performance work statement herein. Material cost for unforeseen incidents, but NOT covered under CLIN 0001.

ACRN AB

CIN: GFEBS001021101200020

$8,286.15

CONTRACT MANPOWER REPORTING

in accordance with paragraph entitled Contractor Manpower Reporting (CMR) Included in the Performance Work Statement.

ACRN AB

CIN: GFEBS001021101200040

$928.05

FFP

in accordance with paragraph entitled Contractor Manpower Reporting (CMR) Included in the Performance Work Statement.

ADMINISTRATIVE NOTES

This contract is for maintenance and repair of diesel generator systems at Shalikashvili Center,Lucius D. Clay Kaserne (Wiesbaden Army Airfield), Germany.

Period of Performance: 12 months.

Contract Administration Office:

Regional Contracting Office Wiesbaden

ATTN: Udo Rothenburger DSN-Tel.: 336-2155 CIV-Tel.: 0611-816-2155 E-mail: udo.rothenburger1.ln@mail.mil (End of Administrative Notes)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2013

MARKUS REUTER US ARMY GARRISON WIES

01057 DILTZ PLACE

UNIT 29623, BOX 30, APO AE 09005-9623

WK4ULT

24-MAR-2014

WK4ULT

24-MAR-2014

WK4ULT

24-MAR-2014

MARKUS REUTER, USAG WIESBADEN

01057 DILTZ PLACE

09005-9623 UNIT 29623, BOX 30, APO AE

GERMANY

WK4ULT

30-SEP-2013

WK4ULT

24-MAR-2014

WK4ULT

ACCOUNTING AND APPROPRIATION DATA

AB: 0212013201320200000113132254 S.0009179.16.22 6100.9000021001

AMOUNT: $85,032.46

CIN GFEBS001021101200010: $62,560.42

CIN GFEBS001021101200020: $8,286.15

CIN GFEBS001021101200030: $13,257.84

CIN GFEBS001021101200040: $928.05

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-4

In addition to FAR 52.212-4 (c) "Changes", the following shall apply:

The Government reserves the right to issue unilateral modification(s) to affect administrative changes.

In addition to FAR 52.212-4 (k) “Taxes”, the following shall apply:

DFARS 252.229-7001 TAX RELIEF – ALTERNATE I (Jun 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States

Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

Name of TAX: MWST. Rate: 19%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of Clause)

/////////////////////////////////////////////// END OF ADDENDUM TO FAR 52.212-4 ////////////////////////////////////////

CLAUSES INCORPORATED BY REFERENCE

NOTE:

The following two clauses (52.228-3 and 52.228-4) apply if the contractor employs any of the following individuals under the contract or a subcontract at any tier: (a) a United States citizen; (b) a permanent resident of the United States; or (c) an individual, regardless of nationality, hired in the United States:

CLAUSES INCORPORATED BY FULL TEXT

52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984)

The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

(End of clause)

52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers' compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers' compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers' compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C. 1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers' compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far http://farsite.hill.af.mil (End of clause)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

(End of clause)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from:

Mr. Donal Bracey

USAG Wiesbaden

Bldg # 1205

Lucius D. Clay Kaserne

Wiesbaden Army Airfield

Tel.: 0611-705-6460

Email: donald.bracey@us.army.mil (End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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 Central Contractor Registration at https://www.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type: Invoice as 2-in-1 (Services only).

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not applicable

(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.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

HQ0672

Issue By DoDAAC

W912CM

Admin DoDAAC

W912CM

Inspect By DoDAAC

WK4ULT

Ship To Code

WK4ULT

Ship From Code

N/A

Mark For Code

Service Approver (DoDAAC)

WK4ULT

Service Acceptor (DoDAAC)

WK4ULT

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system:

Karl.h.schneider.ln@mail.mil

(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:

Karl.h.schneider.ln@mail.mil

For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)

(a) Contract line item 0002 is incrementally funded. For these item(s), the sum of $ 0.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $--

(month) (day), (year) $---- (month) (day), (year) $---- (month) (day), (year) $---- (End of clause)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUNE 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause) CCE 204-4000 U.S. AND HOST NATION HOLIDAYS (March 2005)

US Holidays Work shall be performed on U.S. holidays occurring during the normal workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Host Nation Holidays Work shall be performed on local Host Nation* holidays occurring during the normal workweek.

* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are:

New Year's Day January 1st

M L King Memorial Day 3d Monday in January

Presidents' Day 3d Monday in February

Memorial Day last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2d Monday in October

Veterans' Day November 11th

Thanksgiving Day 4th Thursday in November

Christmas Day

December 25th The German national and local holidays are:

New Years Day 01 January

Good Friday varies yearly

Easter Monday varies yearly

Labor Day 01 May

Ascension Day varies yearly

Whit Monday varies yearly

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

Nordrhein- Westphalia,Rhineland-Palatinate and Saarland)

Day of German Unity 03 October

1st Christmas 25 December

2nd Christmas Day 26 December

(End of local clause)

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (March 2005)

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or 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.

Contractor employees who:

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

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

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above.

Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

(End of local clause)

CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2005)

(a) Access to U.S. installations 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 in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor 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.

(b) The Contractor is responsible for being aware of and complying 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 (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/

Organizational Sponsor:

USAG-Wiesbaden, DPW, Mr. Karl-Heinz Schneider

Location: Wiesbaden Army Airfield Building No: 01057

DSN Phone No: 337-5521 Commercial Phone No: 0611-705-5521

Installation Access Control Office:

USAG-Wiesbaden IACS Office

Location: Wiesbaden Army Airfield Building No: 1023 W, Room 004

DSN Phone No: 337-5015 Commercial Phone No: 0611-705-5015

Security Clearance Requirements

This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative).

The contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office and “Aufenthaltstitel” for local national installation passes and access rosters. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. The contractor may have to complete added security training needs to comply with the security standards of this contract. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned vehicle or privately-owned vehicle while in performance of the contract.

The only validated reason for access to any contractors authorized to enter a U.S. Installations and all associated subcontractors’ employees shall be in the performance of the contract and for no other reasons. These personnel must also provide a valid purpose to enter when requesting access to installations.

The types of access and privileges for this or any contract will be based on the appropriate operational needs, the assessment of the threat, vulnerability, and criticality, include any other sufficient security requirements to protect against loss of services/support or serious risk to contractors or Installation personnel.

Operation Security (OPSEC) Contractor personnel must protect information that has been designated as critical in the performance of the contract. Critical information will only be disseminated on a “need-to-know” basis and not be discussed in public areas such as hallways, bathrooms, eateries, smoke shacks, or any off-base gathering locations. Contractor employees will not pass critical information over unsecured telephones, facsimiles, and/or e-mail outside of the Department of Defense Network. Contractor employees will not post critical information on the web, personal “blogs,” or where it is visible to visitors or the public.

Reporting Requirements

Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

(End of local clause)

CCE-232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

· SWIFT CODE

· BLZ or BANK ROUTING NUMBER

· ACCOUNT NUMBER

· BANK NAME

· International Bank Account Number (IBAN) (If Applicable) ---

CCE.233-4002

AMC-LEVEL PROTEST PROGRAM (December 2008) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256)450-8840

Packages sent to FedEx or UPS should be addressed to:

HQ Army Materiel Command

Office of Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256)450-8840

The AMC-level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)

CCE 236-4000

ACCIDENT PREVENTION - HOST NATION SAFETY LAWS AND REGULATIONS (GERMANY) (MAR 2005)

The Contractor shall comply with FAR 52.236-13, Accident Prevention (NOV 1991), the references contained therein (e.g. 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 approved by designated Government personnel. Specific requirements for development of the accident prevention plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

(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:

(1) Short sleeve shirt.

(2) Long trousers.

(3) Steel-toed safety boots.

(4) Hard hat.

(f) In addition to other requirements for accident prevention specified in this contract, the Contractor is responsible for compliance 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 German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV), dated 10 June 1998, the Contractor is responsible for coordination of all work at the site, including development of plans and providing advance notices. The Contractor shall indicate his plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the contractor will assure that he complies with the non-exclusive list of duties described in this clause. If the contractor determines that additional activities are required to fully comply, the contractor shall assure that compliance with the laws is complete. The duties include:

(1) Conditions of construction and operational activities to be considered include but are not limited construction activities meeting the following criteria:

(A) The work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or

(B) The volume of work is scheduled to exceed 500 person days, or the work presents particularly hazardous tasks (e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater)).

(2) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(A) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

i) Maintenance of tools and equipment.

ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

iii) Modifying performance periods for such work, taking into consideration the site conditions.

iv) Organizing cooperation between different employers and contractors without employees.

v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

(B) The Contractor is responsible for completing and providing any safety notifications required by host nation authorities and will provide proof to the Contracting Officer that such notifications were made.

CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005)

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

(End of local clause)

PERFORMANCE WORK STATEMENT

PREVENTIVE MAINTENANCE AND REPAIR

OF DIESEL GENERATOR SYSTEMS, COMPOSED BY COMPANY FRERK

(EMERGENCY POWER SYSTEMS AS PART OF UNINTERRUPTIBLE POWER SUPPLY)

INSTALLED AT SHALIKASHVILI CENTER AT LUCIUS D. CLAY KASERNE AT WIESBADEN ARMY AIRFIELD, USAG WIESBADEN / GERMANY

1. Introduction

2. Security Clearance Requirements

3. Scope of Work

4. Requirements / Performance Standards

4.1. Contractor Requirements - Licenses

4.2. Contractor Personnel - Certificates

4.3. Preventive Maintenance and On Call Repairs

4.3.1. Preventive Maintenance

4.3.2. On Call Repairs

4.4. Material / Repair Parts

4.5. Inventory and Labeling

4.6. Fluids / Chemicals

4.7. Quality Control

4.8. Documentation Requirements

4.8.1. Work Certificates

4.8.2. Equipment Manufacturer Manuals

4.8.3. Technical Documentation

5. Performance Requirements Summary (PRS)

6. Subcontractor

7. Contractor Manpower Reporting

8. Exhibits / Attachments

1. INTRODUCTION

The purpose of this acquisition is to provide professional maintenance/repair service (if required), repair parts and minor work for Emergency Power Systems (3 ea systems “Diesel Engine – Electrical Generator), installed within the new Shalikashvili Center at Lucius D. Clay Kaserne, Wiesbaden Army Airfield. The contractor shall perform preventive maintenance (PM), on-call repairs (if required), inventories, labeling work and all other repair work to keep the emergency power generator system as part of installed UPS System (uninterruptible power supply), as well as their equipment including connected systems and switches, in a professional, functional, failsafe, operable, reliable, regulation and concept consistent condition.

The Shalikashvili Center is a continuous operating facility. The systems to be maintained/repaired are described in Exhibit A “Inventory List / Density List”.

2. SECURITY CLEARANCE REQUIREMENTS

This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government Representative).

The contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office and “Aufenthaltstitel” for local national installation passes and access rosters. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy.

The contractor may have to complete added security training needs to comply with the security standards of this contract. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned vehicle or privately-owned vehicle while in performance of the contract.

The only validated reason for access to any contractors authorized to enter a U.S. Installations and all associated subcontractors’ employees shall be in the performance of the contract and for no other reason. These personnel must also provide a valid purpose to enter when requesting access to installations.

The types of access and privileges for this or any contract will be based on the appropriate operational needs, the assessment of the threat, vulnerability, and criticality, include any other sufficient security requirements to protect against loss of services/support or serious risk to contractors or Installation personnel.

Operation Security (OPSEC): Contractor personnel must protect information that has been designated as critical in the performance of the contract. Critical information will only be disseminated on a “need-to-know” basis and not be discussed in public areas such as hallways, bathrooms, eateries, smoke shacks, or any off-base gathering locations. Contractor employees will not pass critical information over unsecured telephones, facsimiles, and/or e-mail outside of the Department of Defense Network. Contractor employees will not post critical information on the web, personal “blogs,” or where it is visible to visitors or the public.

Reporting Requirements: Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of personnel, resources, and classified or unclassified defense information. Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

3. SCOPE OF WORK

The contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment (e.g. dongles, passwords), electronic communication, reporting and transportation necessary to perform preventive maintenance and on-call repairs (if required) on the facilities and equipment as listed on the inventory/density list. The contractor shall have adequate maintenance and repair facilities to allow repairs to be carried out on several items of equipment simultaneously.

The contractor shall comply with existing applicable laws and regulations for equipment, e.g. DIN (Deutsches Institut fuer Normung), VDE (Verband der Elektrotechnik Elektronik Informationstechnik e.V.), VDMA (Verband deutscher Maschinen und Anlagenbau), environmental laws and accepted commercial standards and practices as well as manufacture requirement.

The service described in this PWS will be performed on a firm fixed price basis. This requirement is designed to ensure that the mechanical and electrical equipment (fixed or freestanding) listed on the inventory/density list is maintained or repaired in accordance with established commercial standards and the performance standards as specified herein.

4. REQUIREMENTS / PERFORMANCE STANDARDS

4.1 Contractor requirements – Licenses

The contractor shall proof that he has the following license as listed below:

· DIN ISO 9001 – Qualitätsmanagementsystem

(DIN ISO 9001 – Quality Management System)

- Specialized Company registered with the Handicraft Organization

(Fachbetrieb mit Eintrag in die Handwerkerrolle / Elektrotechnik oder

Elektromaschinenbau)

4.2 Contractor Personnel - Certifications

The contractor shall provide the name, title, and telephone number of his following personnel along with his offer to the Contracting Officer. This list shall be updated as changes occur during the duration of this contract and made available to the on-site contracting officer representative (COR).

Contractor’s personnel must read, write and speak the English language and be able to perform the work in accordance with English language documentation and publications used by the Government and its suppliers.

Contractor Personnel shall have at least the following certifications:

- Diploma of mechanical engineering

· Certificates of trainings participated in/passed for backup emergency power supply systems of

· the manufacturer, supplier and installer of the expected systems (Frerk)

· the manufacturer of the existing diesel-aggregates (MTU)

· the manufacturer of the existing generators (Marelli) or equivalent qualifications as well as the explicit permit of the companies mentioned above in this item to operate, maintain and repair the system/system parts mentioned in this contract in full.

Service Facility Personnel:

The contractor shall provide a local telephone number, a FAX number and e-mail address which shall be used for receipt of service calls. This office shall be available to receive service calls from 0700 – 1630 hours, Monday through Friday, excluding official holidays.

Furthermore, a telephone contact shall be provided to the COR for the receipt of emergency repair calls. This emergency contact phone number shall be available 24 hours per day, seven days per week including holidays. All telephone calls shall be answered by a responsible person representing the contractor’s firm. Contractor personnel manning this phone must read, write and speak the English language to the extent to adequately take down all information pertaining to all calls/orders.

4.3 Preventive Maintenance and On Call Repairs

Preventive Maintenance and On Call Repair work will be assigned by authorized personnel of the Directorate of Public Works (DPW) of the US Army Garrison Wiesbaden. Additionally, a DPW inspector will be available to sign work confirmations and prepare receipts for equipment which is removed for repair. The COR will submit phone numbers and names of the authorized personnel, as well as the contact information for the inspector(s) to the contractor in writing after award of the contract, but before start of performance. The contractor has to independently perform a test run after each maintenance / major repair to check the proper functionality of the power generator system(s). For this purpose, the main power supply has to be shut off to have the connected system parts run on emergency power operation for at least five minutes. The results of those test runs have to be noted in detail in a report together with date and exact times and are considered part of the documentation of work performed.

NOTE: It is imperative that a permission of the user(s) connected/impacted systems (parts) is obtained before any test. Those tests must indicate at least the following:

Name and function of user

Building number

Telephone number

Date/Time

Signature of the user

In case a test cannot be performed, the reason shall be explained in detail in the report.

4.3.1 Preventive Maintenance (PM)

PM is maintenance which is performed on a scheduled basis to test equipment and facilities to prolong the function cycle of the equipment and avoid malfunction/failure. During preventive maintenance, the contractor shall also identify possible repair required in order to avoid more serious and costly problems.

All PM shall be performed according to applicable US Government Regulations, DIN Standards, VDI Richtlinien, VDMA- Einheitsblaetter, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”.

The performance of maintenance services shall be documented by the contractor on the Work Certificate.

The contractor shall prepare a report form which can be read and altered via PC; a common format has to be used here (i.e.