W912CM-17-T-0028_Amendment_0003.pdf

0011009096

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to:

1. Change the Qualif ications for Certificates in PWS paragraph 1.11.1, Addendum to FAR 52.212-1, and FAR 52.212-2; and

2. Extend the Solicitation due date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 22-Sep-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912CM-17-T-0028

X 9B. DATED (SEE ITEM 11)

06-Sep-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Sep-2017

CODE

ECC RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

65187 WIESBADEN

GERMANY

W912CM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CM-17-T-0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 19-Sep-2017 11:00 AM to 24-Sep-2017 11:00 PM.

The following have been modified:

ADDENDUM FAR 52.212-1

“Para (a) North American Industry Classification System (NAICS) code and small business size standard”, does not apply to this solicitation.

“Para (b) Submission of Offers", is hereby revised to describe the submission requirements below:

1. General Information.

1.1. Offers shall be submitted via email and shall be received at the contracting office identified on page 1 of this document not later than the date and time indicated in Block 8 on page 1 of the SF 1449. Offers shall be sent to the email addresses listed below. Failure to submit to all addresses can result in an offer not being considered for award.

Klaus Preikszas, Contract Specialist, at klaus.preikszas1.ln@mail.mil (NOTE: Name, then number 1 / ln = lima/november)

Jeannie M. Botteri, Contracting Officer at Jeannie.m.botteri.civ@mail.mil RCOW Email Bid Box at usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil

1.2. Questions Pertaining to the Solicitation: Offerors are requested to submit ANY questions or comments via email to the Contract Specialist: klaus.preikszas1.ln@mail.mil (NOTE: Name, then number 1 / ln = lima/november) and to the RCO Wiesbaden Email Bid Box: usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil as soon as possible, but no later than 10 calendar days after issue of the solicitation. Questions received prior to the closing of this solicitation, but later than 10 calendar days after issue of the solicitation may not be answered. However, the Government cannot guarantee questions asked during this time will be answered prior to the closing of the solicitation. The subject of the email shall be “Questions W912CM-17-T-0028”. Questions shall annotate a reference to the specific solicitation element to which they pertain. Any resulting amendment will be posted to the FedBizOpps web site. It is the Offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

1.3. The Government will award a single contract on a lowest price/technically acceptable basis pursuant to the award evaluation criteria stated in FAR 52.212-2 as incorporated herein. The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Offerors are cautioned to examine this solicitation in its entirety and to ensure that their quotation contains all necessary information, provides all required documentation, and is complete in all respects.

2. THE PROPOSAL.

2.1.1 Format: The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each original volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

Page size shall be 8.5 x 11 inches. Pages shall be single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point. Use 1-inch margins on all sides of each page.

Pages shall be numbered sequentially by volume. Page limitations apply in accordance with Table D-1 below.

2.1.2. PROPOSAL ORGANIZATION. Table D-1 below shows the proposal organization:

Table D-1: Proposal Organization

Volume Volume Title Page Limit

I Technical to include: Maximum total 15 pages Section 1 – Sub factor 1. Company

Qualifications Section 2 – Sub factor 2. Experience

II Price to include: SF1449 CLIN schedule 0001 through 7502.

N/A

III Solicitation, Offer and Award Documents and Certifications/Representations Note: Offerors registered in SAM need only complete paragraph b of the 52.212-3, if applicable.

N/A

2.2. Content Requirements. All information shall be confined to the appropriate volume. The Government will not consider information found in incorrect volumes. Offerors shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal. Proprietary information shall be clearly marked.

2.3. Compliance with all the submission requirements. Incomplete submission including those that failed to provide required material information will be rated “unacceptable” and may be excluded from further evaluation. The Government may also determine an offer unacceptable if the offeror takes any exceptions to the terms and conditions of the RFP or imposes conditions. The Government will not read or consider any information contained in pages beyond the specified limit for each volume. Offerors are advised that exceeding specified page limits may result in a rating of "unacceptable".

2.4. VOLUME I – TECHNICAL PROPOSAL which shall include the following:.

2.4.1 The technical volume shall not exceed 15 pages single-spaced. The Performance Work Statement (PWS) of the solicitation describes the services that will be acquired through this solicitation.

2.4.2 The technical volume shall consist of the following two sections:

Section 1 – Sub factor 1. Personnel Qualifications Section 2 – Sub factor 2. Experience

The cover (does not count towards the page limitation) of each section shall be clearly marked, “SECTION _ OF TECHNICAL VOLUME”. The technical proposal shall not contain any markings identifying the offeror. The proposal shall comprise a succinct presentation of the desired information.

Section 1 – Sub factor 1. Personnel Qualifications.

The offeror shall provide for the individual personnel a certificate authorizing the maintenance, repair and transportation of fire extinguishers in Germany in accordance with EN 3 and DIN 14406 Part 4. (Zertifikat

Sachkundigen bzw. "Befaehigte Person" fuer HandFeuerloescher nach EN 3 Tragbare Feuerlöscher und DIN 14406 Teil 4 – Hand Feuerlöscher: Instandhaltung).

Section 2 – Sub factor 2. Experience. The Offeror shall submit an individual Reference Information Sheet Attachment#7 for two (2) reference contracts within the last five (5) years through the issue date of subject solicitation that clearly shows that the Offeror has provided services relevant and recent to those required in the PWS of subject solicitation in terms of complexity, scope, type of work, and magnitude. The Government may contact references to verify the accuracy of the information provided by the Offeror.

2.5 VOLUME II – PRICE: which shall include the following:

2.5.1 Standard Form 1449. “SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS” duly executed by an official authorized to bind the offeror. Ensure that blocks # 12, 17a, 30a, 30b, and 30c are completed.

2.5.2 “Schedule Supplies/Services” with proposed prices for CLIN's 0001 through 0008 with subsequent option CLIN's 10001 through 1008 and CLIN's 2001 through 2008.

2.5.3 As part of its proposal, the Offeror will provide the estimated total cost (if any) incurred to comply with the Contractor Manpower Reporting (CMR) requirement. Offeror will determine to price or not-separately-price (NSP) the CMR requirement (CLINs 7500, 7501 and 7502) If the Offeror proposes to report this data at noadditional costs to the Government, the Offeror shall indicate "NSP" in the space provided in schedule. No entry will be considered "NSP" and $0.00 will be used for evaluation purposes.

2.6 VOLUME III – SOLICITATION, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS /

REPRESENTATIONS which shall include the following:

2.6.1 Representations and Certifications, FAR 52.212-3 ALT I, completed by the Offeror. Offerors, who have completed annual reps and certs in the System for Award Management (SAM) need only complete paragraph b, if applicable.

NOTE: Offeror shall acknowledge receipt of solicitation amendments prior or to the hour and date specified as the solicitation closing date by completing item 8 and 15 of Standard Form 30 and returning one (1) signed copy of the amendment.

2.7. The completion and submission to the Government of the above items will constitute the offer. The offer shall communicate the Offeror’s unconditional assent to the terms and conditions in this RFP, including any attachments and documents incorporated by reference. The Government’s acceptance of the offer will create a binding contract between the Government and the Offeror. The Offeror’s failure or refusal to assent to any of the terms and conditions of this RFP or the Offeror’s imposition of additional conditions or any material omission in its offer may constitute a deficiency which will make the offer unacceptable to the Government.

2.7.1. Any deficiency in an offer will render the offer unacceptable. The only way to correct a deficiency is through discussions (see FAR 15.306(d)). However, the Government intends to award a contract without discussions as permitted by FAR 15.306(a) and 52.215-1 Please do not submit an offer that takes exception to any term or condition of this RFP or imposes any additional condition or omits any required information, without first consulting the contracting officer. The Government reserves the right to conduct discussions and to permit Offerors to revise their proposals if the Government thinks it is in its interest to do so. An offer that does not assent to any of the terms and conditions of this RFP or imposes additional conditions or has any material omissions may result in an Offeror not being included in the competitive range (see FAR 15.306(d)). Thus, a deficient offer may result in the Offeror not being included in the competitive range and without opportunity to correct the deficiencies in the offer.

“Para (c) Period for acceptance of offers” is hereby revised to read: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

“Para (d) Product Samples.” does not apply.

“Para (h) Multiple Award.” This is amended as to state that only one award will be made from this solicitation.

“Para (i) Availability of Requirements document cited in the solicitation.” does not apply to this solicitation.

“Para (m) Miscellaneous Provisions.” is hereby added to include all other provisions applicable to this solicitation, as follows:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Maintenance/Repair and Inspection of Fire Extinguishers, USAG Wiesbaden

Part 1

General Information

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

1.1 Description of services/Introduction: This is a non-personnel services contract for the inspection, testing and maintenance of fire extinguishers. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The Directorate of Emergency Services (DES) maintains one storage facilities at the Fire Station at building# 1001 for fire extinguishers used throughout the Garrison. Extinguishers are steadily rotated into and out of service during their life-cycle due to inspection and testing requirements, and required maintenance after they are used. In addition, extinguishers that cannot be maintained or no longer meet standards must be removed from service, properly disposed and replaced to maintain an acceptable level of extinguishers for immediate use.

The required services include the successful performance of inspection, testing, maintenance and repair of all fire extinguishers.

1.3. Scope: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S.

German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and re-commendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable List presented in this PWS.

1.4 Objectives: To ensure maintenance, repair and inspection of fire extinguishers occur IAW host nation and US regulations.

1.5 Period of Performance See Schedule

1.6 General Information:

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

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the contractor's Quality Control Team.

b. How the contractor will monitor work to ensure that performance complies with all timelines, deadlines, and goals.

c. How the contractor will monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.

d. How the contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.

e. How the contractor will ensure all keys issued will remain controlled items (See 1.4.xx Key Control)

f. How the contractor will inventory and track maintenance of all Government Provided Equipment /

Materials.

g. How the contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future

h. How the contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

An analysis of quality control and timeliness reports shall be sent to the COR within 10 calendar days after the end of each Task Order. A final QCP shall be submitted to the KO through the COR for review and acceptance within 10 calendar days after date of contract award. After acceptance of the QCP, the contractor will receive the KO’s acceptance in writing. Any changes to the accepted QCP will be required to be resubmitted for acceptance within 5 calendar days.

The Contractor shall bring identified issues or potential problems that might affect future performance to the attention of the COR as soon as possible. Verbal reports will be followed up by written reports within 5 calendar days.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: This information is contained in 5152.204-4000 U.S and Host Nation Holidays.

The Contractor is not required to perform services on American holidays which are listed in the contract.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:30 to 16:00. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Training Holidays: USAREUR has historically granted military personnel Training Holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training Holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.6.6 Place of Performance: The work to be performed under this contract will be performed at the Fire Station at Bldg.# 1001and at the AFH at Hainerberg, Crestview, Aukamm and Clay Kaserne, USAG Wiesbaden.

1.6.7 Type of Contract: The Government will award a hybrid firm fixed price (FFP) contract a Time-and Materials (T&M) CLIN for materials and spare parts.

1.7 Security Requirements:

1.7.1 Security Program: Contractor personnel performing work under this contract must have a security required at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.7.2. Personnel Security Clearance Requirements: N/A

1.7.3 Installation Access: See clause 5152-225-4001 -- INSTALLATION CLEARANCE RERQUIREMENTS (June 2016) in basic contract. The Contractor shall provide an installation pass log within 30 calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within 5 days after changes.

Upon the termination of employment or termination/cancellation of this contract, the Contractor is responsible to collect the installation access passes. The contractor shall collect the installation access passes the same day employment of an individual has expired/terminated, and shall return them to the issuing office within three (3) workdays.”

1.7.4 Background Checks: See clause 5152.204-4008-Background Checks (June 2016) – U.S. and Host Nation Contractors. The contractor shall provide an installation pass log within 30 calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within 5 days after changes.

1.7.5 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.7.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. If applicable, government issued access badges shall not be worn outside designated facilities where visible to the general public. The Contractor shall immediately report suspicious activities to security personnel.

1.8 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE:

All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated.

The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan, and the Contractor’s Security Plan [if applicable]. 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/key cards to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons.

The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor Quality Control Plan [if applicable].

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.11 Key Personnel: The following personnel are considered key personnel by the Government: The Contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The Project Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Project Manager or alternate shall be available between 07:15 to 16:00 Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.11.1 Special Qualifications: 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.

The contractor shall guarantee that only qualified and trained personnel, capable of performing maintenance/inspections of fire extinguishers and all requirements of the PWS in a safe and successful manner.

The contractor shall provide for the individual personnel a certificate authorizing the maintenance, repair and transportation of fire extinguishers in Germany in accordance with EN 3 and DIN 14406 Part 4. (Zertifikat Sachkundigen bzw. "Befaehigte Person" fuer HandFeuerloescher nach EN 3 Tragbare Feuerlöscher und DIN 14406 Teil 4 – Hand Feuerlöscher: Instandhaltung).

1.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel identification shall be easily identifiable through the display of badges IAW AER 27-715 Contractor’s ‘Identification.

1.13 Travel

All firm fixed price totals should be fully burdened. No separate travel costs are authorized.”

1.14 Other Direct Costs: N/A

1.15 Data Rights: N/A

1.16 Non-Disclosure Requirements: N/A

1.17 Non-Disclosure Statements: N/A.

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided 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.

1.19 Phase In /Phase Out Period: N/A

1.20 Safety: Traffic and workplace safety the Contractor is responsible for the appropriate securing of the work places. The regulations for the securing of working places near roads have to be complied with (RAS 1995, MVAS 1990). The Contractor shall install all necessary barriers and signage for traffic regulation and protection of the personnel. Compliance with the Accident Prevention Regulations. The Contractor is responsible for the compliance with all laws and regulations applicable to work safety. Cleaning work shall be performed only in consideration of the Accident Prevention Regulations. It is mandatory to wear individual protective equipment. All maintenance services outlined here shall be performed in accordance with the manufacturer’s handbooks and directives as well as all applicable regulations. It is the Contractor’s responsibility to obtain these standards and applicable regulations.

Smoking in buildings of the U.S. Forces is prohibited. Smoking is only permitted area out- side of buildings (Designated Smoking Areas).

1.20.1 Safety Plan and Program: The Contractor shall submit its Safety Plan to the COR for review and acceptance within 10 calendar days after date of contract award. The COR will accept or reject the Safety Plan within five (5) calendar days from date of submission of the Safety Plan and return to the Contractor for revision.

The Contractor shall resubmit the revised the Safety Plan to the COR within two (2) calendar days, and the COR will accept or reject within two (2) calendar days; and so on until both parties are in agreement. During the performance of the contract, the Contractor shall submit any changes to the Safety Plan to the COR not later than ten

(10) workdays prior to the effective date of change. The COR will accept any proposed changes to Safety Plan in writing within five (5) calendar days from date of submission of the changes to the Safety Plan

1.21 Environmental Compliance:

1.22 Environmental Compliance Plan and Program: USAG Wiesbaden has fully implemented an Environmental Management System (EMS) that conforms to Army policy and EMS requirements in Executive Order (EO) 13423. As required by Army Regulation (AR) 200-1, our EMS is mission-enhancing, conforms to the ISO 14001 Standard, and is installation-wide in scope. The Contractor shall ensure that its operations and activities conform to the USAG Wiesbaden’s EMS policy requirements. The Contractor shall ensure that all personnel working on USAG Wiesbaden installations receive appropriate levels of Garrison EMS awareness training and, if applicable, appropriate levels of hazardous material/waste management training. The USAG Wiesbaden EMS policy (Commander’s Policy Letter #22, Environmental Management Systems) can be obtained from the garrison website at:

http://www.wiesbaden.army.mil/sites/c ommander/PolicyLetters/CP%2022%20Environmental%20Management.PF or from the USAG Wiesbaden Directorate of Public Works-Environmental Division (DPW-ED),Bldg. 1059, Clay Caserne.

1.23 Required Training:

1.23.1 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. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based contractor employees and associated sub-contractor employees. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 10 calendar days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel must complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 10 calendar days after completion of the training.

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer.

Verification of the training shall be provided to the COR within 10 calendar days after completion of the training.

1.23.3 iWATCH Training: The contractor and all associated subcontractors will brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within 30 calendar days after the contract is awarded and within 30 calendar days after new employees commence contract performance, with the results reported to the COR within [Thirty (30)calendar days after the contract is awarded.

1.23.4 Information Assurance (IA) Training: 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 thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

All Contractor personnel and subcontractor personnel performing services under this contract with access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Contractor personnel must complete refresher training every twelve (12) months.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 Definitions:

Contractor - A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

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

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

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

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

Key Personnel - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

Subcontractor - 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 specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical 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 HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs 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 TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services:

3.1 Services: N/A

3.2 Facilities: N/A

3.3 Utilities: The Government will provide water and electricity. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish the performance of the contract.

3.4 Equipment: N/A

3.5 Property Management: N/A

3.6 Materials: N/A

3.7 Training: I Watch, and OPSEC are all online training provided by the Government.

3.8 Common Access Cards (CAC): N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A

4.3 Materials: The Contractor shall furnish materials required in accordance with pertinent German accident and safety regulations to meet the requirements under this PWS. All parts and materials utilized for the services under this contract shall be factory new and original. All exchanged parts shall be handed over to the COR or disposed as directed by the COR. The Contractor shall provide a warranty of at least six (6) months after the repair/installation date for all work performed.

4.4 Equipment: The Contractor shall furnish all equipment, tools, testing devices and spare parts required in accordance with pertinent German accident and safety regulations. If a lifting platform / cherry picker or scaffold is required for service performance, it shall be delivered by the Contractor at no additional costs and is part of the maintenance/inspection. Any transportation of equipment is also included hereto.

4.5 Common Access Cards (CAC): N/A

PART 5

SPECIFIC TASKS

5.1 Basic Services: The contractor shall provide services to check, inspect, maintain, refill and disposal of for all types of fire extinguishers described in this document including Dry Chemical, CO2, water and foam fire extinguishers.

All performed maintenance services shall result in the proper functioning of the equipment in accordance with pertinent German accident and safety regulations and pertinent to DIN/VDE, TRBS, BGG 905, Provisions of the German Trade Association, OSHA (Occupational Safety and Health Act ), applicable DIN / VDE / VDI Regulations and the NFPA 10 for maintenance, recharge and hydrostatic testing of portable fire extinguishers. (W62).

The extinguishers must be checked and maintained by qualified personnel and in accordance with DIN 14406-part 4 and NFPA 10 Standard for Portable Fire Extinguishers (Edition 2008); appliance safety law paragraph 3 ff; and testing and filling instruction of the appliance manufacturer. US regulations are available at http://www.nfpa.org The Wiesbaden Fire Station at USAG Wiesbaden is maintained and operated by the US Fire Department and serves as the central fire extinguisher “store”. Extinguishers requiring regular service will be delivered to the store for collection by the contractor in exchange for a delivery note. The contractor servicing company may carry out the servicing work at the extinguisher store or at another location. Travel, transport, storage and logistics are considered to be included in the offered fixed price and will not be reimbursed separately.

Work such as additional leakage tests, seal replacements, appliance filling, etc. including the supply of the necessary materials such as propellants, extinguishing agents, seals, burst glass panes and lubricants shall be included in the range of work and shall be performed during service/maintenance.

The Turn-Around Time for Maintenance/Inspection of fire extinguishers shall be completed within 14 days after the documented receipt of the fire extinguishers by the Contractor. Certifications of work performed shall be submitted to the COR within 14 days of performance completion. Work shall be carried out fast enough so that there are always sufficient extinguishers of each type in the store.

Not later than 2 days after contract award, the contractor shall submit a Microsoft Excel spreadsheet electronically with a proposed PM schedule for equipment covered under the contract for the entire performance period. Within 5 days after submission of the proposed schedule, the COR will approve or disapprove the proposed schedule. If disapproved, the contractor shall submit corrections within 2 days. As PM progresses, the contractor shall annotate its schedule to reflect additions, deletions and other changes. The contractor shall not deviate from the approved maintenance schedule without prior approval of the COR.

Before work starts, the working procedure must be agreed between the servicing company and the DPW, O&M Contract Branch and Fire Department. Prior to performance of services, the COR/ACOR will provide the contractor a listing indicating the number of fire extinguishers per month which require the below described services. The contractor will only be paid for the actual services rendered.

5.2. Task Heading:

5.2.1 Disposal of Fire Extinguishers:

Unusable extinguishers or parts removed from extinguishers shall be disposed of according to current Government and local laws and regulation. The Contractor shall provide documentation of proper disposal to the COR no more than 5 days after disposal takes.

5.2.2 Hydrostatic test of CO2 fire extinguishers

Perform Hydrostatic test of 15 lbs. CO2 (Carbon dioxide) fire extinguishers including the recharging of fire extinguisher after hydrostatic test. Hydrostatic test data shall be metal stamped on the cylinder. Defective valves shall be replaced. Test shall be conducted in accordance with NFPA # 10, DIN 14406 and EN3 requirements.

5.2.3 Operating instruction labels and inspection tags

The Contractor shall provide and apply operating instruction labels for fire extinguishers: Self- adhesive, vinyl, operating label with pictorial for different types and sizes of fire extinguishers: ABC, CO2 in English and German language. Labeling services shall include the date of next service due as well as other maintenance related format.

5.2.4 Inspection tags

The Contractor shall provide and apply operating instruction labels for fire extinguishers: Self- adhesive, vinyl, operating label with pictorial for different types and sizes of fire extinguishers: ABC, CO2 in English and German language. Labeling services shall include the date of next service due as well as other maintenance related data (see Attachment 4).

5.2.5 Preventive Maintenance (PM) for fire extinguisher (OMA funded) PM is maintenance, which is performed on a scheduled basis to test Fire Extinguishers to prolong the function cycle of the equipment to avoid malfunction/failure(s).

The required services include the performance of maintenance/inspection of approx. 3939 each

Tests must take place at regular intervals of at least 1 year, unless otherwise stated in this document.

Visual check of the general condition of the fire extinguishers such as cleanliness, condition of fittings and safeguard, corrosion and damage as well as the labeling of the extinguishers holder must be performed. Appliances and fittings with damage which could have a negative effect on the compression strength must be replaced.

- Checking the Co2 valve.

- Control weight, propellant and extinguishing agent: If the appliance is too full, the volume must be reduced to the prescribed tolerance level. Extinguishers which are only partially full must be checked for leakage and rendered ready for use.

-Replacement of damaged parts, attaching lead seal to appliance: Damaged parts must be replaced and the extinguishers rendered ready for use in conformance with fire protection performance values and technical characteristics suitable for the model type. Only authorized extinguishing agents, propellants and spare parts shall be used.

-Fill the appliance: Empty extinguishers are to be refilled according…