W912CM-18-Q-0011-0001_FINAL.pdf

0011054744-0003

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:

a. FAR 52.212-4(Alt I) para. (i)(ii)(D)(2) Indirect Costs: "Each order must list separately the fixed amount for the indirect costs and payment schedule." is hereby deleted and replaced by "None";

b. PWS paragraph 5.2.2: "Technical Exhibit D" is corrected to read "Technical Exhibit E"; and

c. PWS paragraph 5.7 adds the statement "Approximately 99% of the equipment have manuals on site."

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 25-Apr-2018

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 W912CM18Q0011

X 9B. DATED (SEE ITEM 11)

05-Apr-2018

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 is extended, X 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

25-Apr-2018

CODE

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:

W912CM18Q0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PREVENTIVE MAINTENANCE AND REPAIR OF HEATING, VENTILATING, AIR CONDITIONING

AND INDUSTRIAL APPLIANCES EQUIPMENT

within

USAG Wiesbaden, Germany

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide preventive maintenance (PM), on-call repairs, inventory and labeling, repair parts, and replace equipment, for equipment identified in Exhibit A HVAC Inventory List. 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-personal services contract to provide preventive maintenance and on-call repairs of inventory and labeling of heating, ventilating, air conditioning (HVAC), and industrial appliances as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services. 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 United States Army Garrison (USAG) Wiesbaden must ensure that the heating, ventilating, air conditioning (HVAC) systems and industrial appliances listed in the attachments are maintained and repaired in accordance with established industrial standards and the performance standards as specified herein.

1.3. Scope: The Contractor shall provide non-personal services for the preventive maintenance (PM), inventory and labeling of heating, ventilating, air conditioning (HVAC), and industrial appliances. The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, electronic communication, reporting, and transportation necessary to perform preventive maintenance and on-call repairs on the facilities and equipment as listed in Exhibit A. The Contractor shall have adequate personnel and maintenance and repair facilities and allow for repairs to be carried out on several items of equipment at varying locations simultaneously. The Contractor shall comply with existing applicable laws and regulations for equipment, including DIN (Deutsches Institut fuer Normung), VDE (Verband der Elektrotechnik Elektronik Informationstechnik), VDMA (Verband deutscher Maschinen und Anlagenbau), environmental laws, etc. and accepted commercial standards and practices.

1.4 Objectives: The Contractor shall perform all related administrative actions required to provide services including material requisitioning, quality control (QC), attend meetings, and prepare correspondence. The Contractor shall maintain accurate and complete records, files, and have access to libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports.

1.5 Period of Performance: The period of performance shall be for one (1) 12-month Base Period and two (2) 12-month option periods.

1.6 General Information:

1.6.1 Quality Control Plan (QCP):

a. 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:

i. 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.

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

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

iv. How the Contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.

v. How the Contractor will ensure all keys issued will remain controlled items (see paragraph 1.8 Key Control)

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

vii. How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 (five) years.

viii. An analysis of quality control and timeliness reports shall be sent to the Contracting Officer’s Representative (COR) within 10 calendar days after the end of each Task Order. A final QCP shall be submitted to 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 COR’s acceptance in writing. Any changes to the accepted QCP shall be resubmitted to the COR for acceptance within five (5) calendar days.

b. The Contractor shall notify the COR immediately any issues identified or potential problems that might affect future performance. Verbal reports shall be followed up by written reports within five (5) calendar days.

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

1.6.3 Recognized Holidays:

US Holidays: Work Shall Not be performed on U.S. holidays occurring during the normal workweek. When a U.S.

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

Host Nation Holidays: Work Shall Not be performed on local Host Nation holidays occurring during the normal workweek.

The U.S. holidays are:

New Year's Day January 1st M L King Memorial Day 3d Monday in January Presidents' Day 3d Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2d Monday in October Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

The German national and local holidays are:

New Year’s Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 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- Westphalen, Rheinland-Palatinate and Saarland) Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria) Day of German Unity 03 October Reformation Day 31 October 2017 All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November Nordrhein- Westphalen, Rheinland-Palatinate and Saarland) 1st Christmas Day 25 December 2nd Christmas Day 26 December

1.6.4 Hours of Operation: The Contractor shall provide services between the hours of 07:30 – 16:00 Central European Time (CET), Monday through 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. The Contractor shall 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 services to be performed under this contract shall be performed at various locations throughout the USAG Wiesbaden.

1.6.7 Type of Contract: The Government will award a Hybrid Firm Fixed Price contract with Time and Material Line Item for repairs.

1.7 Security Requirements:

1.7.1 Security Program: The Contractor’s employees and all associated subcontractor 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).

1.7.2 Personnel Security Clearance Requirements: RESERVED

1.7.3 Installation Access: The contractor shall provide an installation pass log within thirty (30) calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within five (5) days after changes.

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

(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/

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: USAG Wiesbaden, Clay Kaserne Location: Clay Kaserne Building No: 1057 DSN Phone No: 548-4059 Commercial Phone No: 0611-143 548 4059

Installation Access Control Office:

Location: Clay Kaserne Building No: 1062 DSN Phone No: 548-47080/1/2/3 Commercial Phone No: 0611-143 548 7080/1/2/3

1.7.4 Background Checks: 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 residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. The Contractor may have to complete additional security training 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. If the Contractor incurs costs to comply with the FPCON changes, the Government will provide equitable adjustment.

1.7.5 Physical Security: The Contractor shall safeguard all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured in accordance with (IAW) AR 190-13, “The Army Physical Security Program.”

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 and key cards to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor 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's 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: Contract Manager and alternate Contract Manager. The Contractor shall provide a Contract 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 Contract Manager is absent shall be designated in writing to the COR. The Contract Manager and Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available between 07:30 – 16:00 Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.11.1 Special Qualifications:

a. The Contractor shall be fully licensed and certified as “Kaelte Klima Fachbetrieb” in accordance with German and European Union standards and regulations.

b. The Contract Manager, Alternate, and Contractor’s personnel performing technical services under this contract shall read, write and speak English to communicate with Government personnel, accurately record data, and perform required work in accordance with English language documentation and publications used by the Government and its suppliers.

c. The Contractor and Contractor personnel may be required to provide the COR the appropriate certificates any time during the performance of the contract.

d. The Contractor shall provide at least one (1) person, qualified to a “Master (Meister)” or “Engineer (Ingenieur)” level for refrigerant systems (Kaelteanlagenbau - Meister or Ingenieur) to perform the repair services for equipment listed in Exhibits A and B.

(1). Master or Engineer level for Refrigerant systems (Kaelteanlagenbau - Meister or Ingenieur)

(2). Master or Engineer level for Heating Equipment

(Heizungsbau-Meister or Ingenieur)

e. Technicians: The Contractor shall provide qualified personnel (“befaehigte Person”) for all specialized work required for the equipment listed in Exhibits A and B. In accordance with VDI Guideline 6022, the Contractor personnel shall successfully complete a course with hygiene training type A for hygiene inspection and type B for hygiene controls, prior to performing hygiene controls hygiene inspections. Sanitary inspections of such systems shall only be carried out by engineers, technicians, and masters after successful completion of the exam, according to part B of the above standard. The Contractor shall provide the COR with a certificate of the successful completion of the exam. Only Contractor personnel possessing at least one (1) of the following qualifications shall perform work on equipment listed in Exhibits A and B:

(1) VDI 6022 – Hygiene training courses - RLT systems, Category A and B VDI 6022 – Hygieneschlulung RLT Anlagen Kategorie A und B)

(2) Certified personnel of category I

- Artikel 5 der Verordnung (EG) Nr. 842/2006

- Verordnung (EG) Nr. 303/2008

- Para 5 der ChemKlimaschutz

- Apprenticeship diploma refrigeration engineering (Unaltered German version ‘Gesellenbrief Kaeltetechnik’)

(3) Hoisting platform according Berufsgenossenschaftliche Regeln (BGR) 500 and BGR 945

(Hebebuehnen nach BGR 500 und BGR 945)

Note: Only Contractor personnel possessing one of the above apprenticeship qualifications shall perform any work on any system to be maintained and repaired.

1.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall ensure 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 Identification.

. Contractors performing work at Government workplaces shall 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.

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs: RESERVED

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

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/dodimagery/commercialuse.html. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.17 Non-Disclosure Statements: RESERVED

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: RESERVED

1.20 Safety: RESERVED

1.20.1 Safety Plan and Program: RESERVED

1.21 Environmental Compliance: USAG Wiesbaden has implemented an Environmental Management System (EMS) that conforms to Army policy, EMS requirements in Executive Order (EO) 13423 ("Strengthening Federal Environmental, Energy and Transportation Management"). As required by Army Regulation 200-1, our EMS is mission-enhancing, conforms to the ISO 14001 Standard, and is garrison-wide in scope. The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesbaden's EMS policy requirements. The Contractor shall ensure that all contract personnel have obtained appropriate levels of training on the handling, use, storage, and disposal of hazardous materials (HM). In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Wiesbaden installations are conducted in accordance with USAG Wiesbaden EMS Policy, Final Governing Standards Germany, and applicable German environmental laws/standards. The Contractor shall inform the Contracting Officer and the Contracting Officer's Representative of the types and quantities of hazardous materials that they plan to bring into the garrison to meet their contractual duties, to include the Safety Data Sheets and storage requirements for the hazardous materials. The Contractor must provide this information before bringing the hazardous materials onto USAG Wiesbaden. The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by HM he has brought to the garrison or by his activities. The Contractor must immediately report any HM spills to the garrison Fire Department at CIV 0611- 705-117. The Contractor shall contact the COR or the USAG Wiesbaden Directorate of Public Works Environmental Division (DPW-ED), DSN 337-5587, CIV 0611-705-5587, Bldg. 1059, Clay Kaserne for a copy of the garrison EMS policy and German Final Governing Standards. The USAG Wiesbaden EMS policy (Commander's Policy Letter #22, Environmental Management Systems) can also be obtained from the garrison website at: http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf

1.22 Environmental Compliance Plan and Program: RESERVED

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. 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 30 calendar days after employment of new personnel. The Contractor shall submit certificates of completion for each Contractor employee and subcontractor employee to the COR within 10 calendar days after completion of this training. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall 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 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 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 shall 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 shall 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 10 calendar days after the contract is awarded.

1.23.4 Information Assurance (IA) Training: RESERVED

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's Representative DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) 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 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: RESERVED

3.2 Facilities: RESERVED

3.3 Utilities: The Government will provide water and electricity for use in the performance of services hereunder.

The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after use. The Contractor shall instruct employees in utilities conservation practices.

3.4 Equipment: RESERVED

3.5 Property Management: RESERVED

3.6 Materials: Refrigerant will be provided by the US Government.

3.7 Training: RESERVED

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1 General: The Contractor shall furnish all labor, 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: RESERVED

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. Upon request of the COR, exchanged parts shall be handed over to the COR for verification and disposed of by the Contractor when no longer needed. The Contractor shall provide a warranty of at least 12 months after the repair or installation date for all work performed.

4.4 Equipment: The Contractor shall furnish all equipment, tools, testing devices, cranes, and spare parts required in accordance with pertinent German accident and safety regulations. If any other equipment is required for service performance, it shall be delivered by the Contractor at no additional costs. Any transportation of equipment is also included hereto.

4.5 Common Access Cards (CAC): RESERVED

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide services for full Preventive Maintenance and Repair of HVAC systems that results in the proper functioning of the equipment in accordance with pertinent German accident and safety regulations, pertinent US Government Regulations, DIN Standards, VDE,VDI Regulations, VDMA “Unit Sheets”, and manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry” provisions of the German Trade Association, OSHA (Occupational Safety and Health Act).

5.1.1 The Contractor shall obtain all documents (e.g., manufacturer specifications or equipment manuals) required to perform Preventive Maintenance (PM) services. An electronic copy of all manuals, documents and other system related information shall be submitted to the COR no later than 30 calendar days after contract award.

5.2 Recurring Services: The Contractor shall perform non-personal services for preventive maintenance, hygiene inspections, and reporting requirements.

5.2.1 Preventive Maintenance (PM): The Contractor shall perform PM services in accordance with applicable industry standards, US Government Regulations, DIN Standards, VDI Richtlinien, and VDMA Einheitsblätter, including the function of electrical drives (v-belt) and air flaps, pollution of heat exchanger, air humidifier, frost protection device, cooling circuits, protective grating, and hygiene requirements of HVAC components. During the maintenance process, the Contractor shall:

a. Install, program, and configure software updates.

b. Read, analyze, and eliminate future alarms.

c. After maintenance is completed, reset internal memories to ensure there are no alarm codes in the memory.

d. Annually analyze the quality of the oils used in the system for viscosity, metal abrasion, additives, water residues, and acidity.

e. Monitor and control density of cooling devices and air conditioning systems: The Contractor shall perform regular density controls as directed by legal requirements. VDKF density label shall be attached to controlled systems when density control was performed.

f. In accordance to DIN EN 378: No later than 14 work days after the PM has been completed, the Contractor shall submit an electronic log of the cooling device to the COR with the amount and type of regained and refilled substance.

g. EU-Regulation 1005/2009 (CFC, HCFC) as well as EU-regulation 842/2006 (CFC, HCFC).

h. VDMA 24186, Programs of service for the maintenance of air-handling and other technical equipment in buildings, air-handling equipment and systems including VDMA Part 1 through 5.

i. VDI 3801, Operation of air-conditioning systems. This guideline creates the basis for the operation of air-conditioning systems to ensure the functioning, continuance, economic operation and system availability (operating readiness). A precondition for this is appropriate operation and maintenance.

j. VDI 2052, Ventilation Equipment for kitchens. This guideline provides information on the ventilation and air conditioning of commercial kitchens and applies in conjunction with all parts of DIN 1946.

k. VDI 6022, Part 1 and 2 Hygienic standards for ventilation and air-conditioning systems Offices and assembly rooms, Standards for hygiene training. This guideline applies to ventilation and air-conditioning systems for offices, conference, and other occupied rooms. This Guideline applies only to ventilation and air-conditioning systems that affect the quality of the inlet air.

l. Equipment manufacturer manuals. The Contractor shall obtain all documents required to be fully informed and carry out required PM services in accordance with manufacturer guidelines.

5.2.1.1 PM Schedule: The Contractor shall prepare the PM schedule in accordance with VDI 2898:1996-10. The schedule shall be based on the list of the systems, with the system parts, and the organizational management of the maintenance. No later than 10 days after contract award, the Contractor shall submit a Microsoft Excel spreadsheet electronically to the COR with a proposed PM schedule for equipment covered under the contract for the entire performance period. Within five (5) days after submission of the proposed schedule, the COR will approve or disapprove the proposed schedule. If disapproved, the Contractor shall submit the corrected schedule to the COR within two (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 coordination with the COR in writing. The COR will coordinate maintenance deadlines with the end user. Additionally, the Contractor shall provide the COR with an updated PM schedule, including actual work performed, on the first Monday of each month. The updated schedule shall be subject to COR approval in the same manner as the original schedule.

5.2.1.2 PM Information:

a. Equipment requiring preventive maintenance is listed in Exhibits A, B, C, and D. Preventive maintenance includes all cost elements (e.g., labor, travel, disposal of materials, and all parts and supplies, excluding filters).

Filters shall be inspected for degree of pollution and replaced only when the pressure limits for the filters are exceeded. The Contractor shall change filters on new systems after the first 500 hours of use.

b. If PM cannot be performed because equipment is not accessible or has been removed the Contractor shall notify the COR immediately in writing prior to but not later than the day of the scheduled services.

c. The Contractor shall perform PM on a scheduled basis to test equipment and facilities to prolong the function cycle of the equipment and to avoid malfunction or failure of the systems. Preventive maintenance shall include labor and minor repair parts up to €50.00. During PM, the Contractor shall identify and inform the COR immediately of possible repairs required in order to avoid more serious and costly problems.

5.2.1.3 PM Documentation: The Contractor shall document the maintenance services performed on the work certificate. The work certificate shall be submitted to the COR as a readable electronic file not later than five (5) calendar days after the performance of the inspection and maintenance. If the Contractor detects a deficiency or malfunction of the equipment during PM and repairs are required, the Contractor shall document the finding on the PM work certificate and notify the COR immediately. The COR will determine whether a work order will be initiated.

At a minimum, the work certificate shall contain the following information:

a. Date, time, and printed and signed name of the individual who performed the PM work on item (Equipment-No.

according to Inventory List).

b. Installation, Bldg. No., Floor No., Room No., exact description of position, Equipment No., Description of Equipment.

c. Results of measurements and checks, range of allowed values including assessment of results (ok / not ok;

description of deficiency).

d. Material consumed, such as number of filters exchanged within the filter zone, filter category, type of used filters including dimensions, date of latest filter exchange.

e. Pressure difference, acceptable final air filter pressure difference.

f. Assessment and documentation of condition and function (including software components).

g. Detailed scope of work for potential required major repairs.

h. Materials and spare parts for the required repairs.

i. Cost estimates for any required repairs.

j. Safety and economic efficiency of the equipment operation.

k. Customer name in print letters, customer signature and customer telephone number.

l. After maintenance is completed, the contractor shall submit a work certificate to the COR.

5.2.2 Inventory and Labeling: The Contractor shall provide and permanently affix pre-numbered “Aluminum Identification Tags” to the equipment. During contract performance and upon request of the COR. The pre-numbered “Aluminum Identification Tags” shall be placed on the equipment during the maintenance services. The information contained on the tags is a series of numbers. Numbering sequence shall be performed as requested by the COR and will be consistent with the current system. The information contained on the tags is a series of numbers. Numbering sequence shall be performed as requested by the COR and shall be consistent with the current system. The Contractor shall use Technical Exhibit E, to create a modified inventory list. The Contractor shall keep the inventory list up-to-date as changes occur. The most current inventory list shall be forwarded to the COR not later than 5 working days after the end of each month and upon request of the COR. Any new equipment shall be documented to the updated inventory list and provided to the COR.

5.2.3 Hygiene Inspections of HVAC Components: The Contractor shall perform hygiene inspections. The COR will provide the Contractor a building equipment list for each Task Order. The Contractor shall provide the COR a certificate of completion of hygiene inspection no later than 35 days after completion of the inspection. The VDI Guideline 6022 specifies the scope of work necessary for maintenance and inspection of Ventilation and Air Condition Systems with and without air-moistening chamber.

5.2.3.1 At a minimum, hygiene inspection shall consist of:

a. A site visit of the HVAC-central and the rooms which are supplied by it.

b. Measurement of physical climate parameters, including temperature, humidity, air speed at representative locations of the HVAC-system and rooms which are supplied by it.

c. Control of hygiene status of all system parts, including checking of filters, humidifiers and heat exchangers regarding their germ load as well as control of air ducts regarding their dust load.

d. Control of germ load regarding legionella in humidifier water.

e. In several places of the central unit, swab tests and impressions shall be taken, which are then cultured and determined microbiologically.

f. No later than six (6) weeks after inspection and tests are performed, the Contractor shall provide the COR a written report that describes any defects detected. The Contractor shall submit a written proposal to the COR to eliminate the deficiencies. The proposal shall itemize all cost elements by ELIN including the flat rate for travel on a round trip basis.