W912CM-18-Q-0024_AMD_0001_(2).PDF

0011153793-0001

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 Amendment 0001 to W912CM-18-Q-0024 is to:

a. Add CLIN 0005

b. Revise PWS paragraph 5.2.3.1

c. Revise PWS paragraph 5.2.4.1

d. Revise PWS paragraph 5.2.7.1 (e)

e. Extend due date for quotes to 27 August 2018 at 1100 CET Germany.

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 28

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

16C. DATE SIGNED

BY

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 W912CM18Q0024

X 9B. DATED (SEE ITEM 11)

19-Jul-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 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.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Aug-2018

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CM18Q0024

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 20-Aug-2018 11:00 AM to 27-Aug-

2018 11:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0005 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Job On Demand Services

T&M The contractor shall perform service calls IAW PWS 5.2.4.1 outside of normal operating hours (0730 through 1600 CET), Monday-Friday excluding holidays.

The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.

(*OFFEROR SHALL INSERT RATES AND AMOUNTS)

Regular Labor Hours:

150 hours x EURO* _____ = EURO* _______ FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

CLIN 1005 is added as follows:

1005 Job OPTION On Demand Services

T&M The contractor shall perform service calls IAW PWS 5.2.4.1 outside of normal operating hours (0730 through 1600 CET), Monday-Friday excluding holidays.

The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.

(*OFFEROR SHALL INSERT RATES AND AMOUNTS)

Regular Labor Hours:

CLIN 2005 is added as follows:

2005 Job OPTION On Demand Services

T&M The contractor shall perform service calls IAW PWS 5.2.4.1 outside of normal operating hours (0730 through 1600 CET), Monday-Friday excluding holidays.

The amount of this CLIN is an estimated ceiling amount which shall under no circumstances be exceeded without prior approval of the Contracting Officer.

(*OFFEROR SHALL INSERT RATES AND AMOUNTS)

Regular Labor Hours:

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 0005 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 10-SEP-2018 TO

09-SEP-2019

N/A W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

4004 BUILDING

55252 MAINZ-KASTEL

GERMANY

+49-6372-8423728

W582RS

The following Delivery Schedule for CLIN 1005 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 10-SEP-2019 TO

09-SEP-2020

N/A W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

4004 BUILDING

55252 MAINZ-KASTEL

GERMANY

+49-6372-8423728

The following Delivery Schedule for CLIN 2005 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 10-SEP-2020 TO

09-SEP-2021

N/A W6E9 USAG WIESBADEN

W6E9 USAG WIESBADEN

MAINZ KASTEL STORAGE

BUILDING 4004

55252 MAINZ KASTEL

GERMANY

049-6372-8423728

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0005:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

The following Acceptance/Inspection Schedule was added for CLIN 1005:

The following Acceptance/Inspection Schedule was added for CLIN 2005:

The following have been modified:

ADDENDUM TO 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 Quotes", is hereby revised to describe the submission requirements below:

1. General Information.

1.1 Quotes 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. Quotes shall be sent to the email addresses listed below. Failure to submit to all addresses can result in a quote not being considered for award.

Abigail Baltimore, Contract Specialist, at abigail.l.baltimore.civ@mail.mil 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: abigail.l.baltimore.civ@mail.mil 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-18-Q-0024”. 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 quotes and award a contract without discussions with Offerors. Therefore, the Offeror’s initial quote 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 QUOTE

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 1 below.

2.1.2. QUOTE ORGANIZATION. Table 1 below shows the quote organization:

Volume Volume Title Page Limit I Technical, to include:

Subfactor A. - Qualifications Subfactor B. - Experience (Reference Information Sheets)

Maximum total 15 pages

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 to complete paragraph (b) of FAR 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 quote 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 quote. 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 a quote unacceptable if the offeror takes any exceptions to the terms and conditions of the RFQ or imposes conditions. The Government will not read or consider any information contained in page 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 QUOTE shall include the following:

2.5. 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.

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

Subfactor A. Qualifications

Subfactor B. Experience

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

Subfactor A. Qualifications. Offeror shall have at least one (1) employee who is qualified to a “Master (Meister)” level in each of the following categories to perform the required preventive maintenance and repair services for equipment listed in Exhibit A:

a. Master (Meister) or Engineer level for Heating Equipment (Heizungsbau-Meister oder Ingenieur)

Subfactor B. Experience. Offeror shall submit an individual Reference Information Sheet for two (2) references performed during the past five (5) years (1 Jan 2013 through the issue date of the solicitation) that depicts recent experience of similar size, scope and complexity of the PWS. The Government may contact references to verify the accuracy of the information provided.

Recent is considered as the efforts that are completed or ongoing during the past five (5) years.

Relevant means similarity to work contemplated under this Solicitation with respect to complexity, length of performance, scope, type of work, and value (minimum $20,000. Magnitude threshold of $75,000.00 is an aggregate of up to two (2) Reference Information Sheets).

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

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. Schedule Supplies/Services” with proposed prices for CLINs 0001, 0002, 0003,0005 & 7500 with subsequent option CLINs 1001 through 7502.

As part of its quote, 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-separatelyprice (NSP) the CMR requirement (CLINs 7500, 7501 and 7502). If the Offeror proposes to report this data at no additional 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 . The quote shall communicate the Offeror’s unconditional assent to the terms and conditions in this RFQ, including any attachments and documents incorporated by reference. The Government’s acceptance of the quote 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 RFQ or the Offeror’s imposition of additional conditions or any material omission in its quote may constitute a deficiency which will make the quote unacceptable to the Government.

2.7.1 Any deficiency in an quote will render the quote unacceptable. The only way to correct a deficiency is through discussions. However, the Government intends to award a contract without discussions. Please do not submit an quote that takes exception to any term or condition of this RFQ 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 quotes if the Government thinks it is in its interest to do so. A quote that does not assent to any of the terms and conditions of this RFQ or imposes additional conditions or has any material omissions may result in an Offeror not being included in the competitive range. Thus, a deficient quote may result in the Offeror not being included in the competitive range and without opportunity to correct the deficiencies in the quote.

2.8. PAST PERFORMANCE: A past performance evaluation will be conducted as part of the Government's determination of Contractor responsibility utilizing one or more of the following methods:

(a) Government’s knowledge of previous Contractor performance;

(b) Customer surveys, and Reference Information Sheets (2);

(c) The Government wide Past Performance Information Retrieval System (PPIRS), System Award Management (SAM), etc; or

(d) Any other basis that the contracting officer determines to be reasonable.

Offerors are not required to submit Past Performance data. The Government will review one or all of the above resources to determine a vendors Past Performance acceptability.

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

“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 (PWS)

Preventive Maintenance and Repair of Gas & Oil Burners within United States Army Garrison (USAG) Wiesbaden, Germany

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide maintenance and repair services for gas and oil burners within the USAG Wiesbaden, Germany. The Government will 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.

1.1 Description of services/Introduction: This is a non-personal services contract to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform preventive maintenance and on-call repairs as defined in this PWS, except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract. 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 USAG Wiesbaden must ensure that the gas and oil burning equipment is maintained and repaired in accordance with (IAW) established commercial standards and the performance standards as specified herein.

1.3. Scope: The Contractor shall provide services for the preventive maintenance (PM) and on-call repairs on the facilities and equipment as listed on the inventory list Exhibit A. The Contractor shall comply with existing applicable laws and regulations for equipment, e.g. Deutsches Institut fuer Normung (DIN), Verband der Elektrotechnik Elektronik Informationstechnik (VDE), Verband deutscher Maschinen und Anlagenbau (VDMA), environmental laws, etc. and accepted commercial standards and practices. The Contractor shall perform all related administrative actions required to provide services 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 recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports.

1.4 Objectives: Preventive Maintenance and Repair of Gas & Oil Burners shall be performed according to all pertinent regulations, under the strict observance of all relevant United States (U.S.), and Host Nation regulations, standards, provisions and directives, as well as all relevant safety instructions. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents.

1.5 Period of Performance: The contract shall be for one (1) base period and two (2) option periods. *See Schedule

1.6 General Information:

1.6.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract. 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 1.8 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 five (5) years.

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 will be required to be resubmitted for acceptance within five (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 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 IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW 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 Good Friday varies yearly Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit Monday varies yearly Corpus Christi varies yearly Nordrhein- Westphalen, Rheinland-Palatinate and Saarland) Day of German Unity 03 October 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 work to be performed under this contract will be performed at the Amelia Earhart Center, Rheinblick Golf course and Mainz-Kastel areas of USAG Wiesbaden.

1.6.7 Type of Contract: RESERVED

1.7 Security Requirements:

1.7.1 Security Program: The Contractor’s employees and all associated sub Contractor 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: The Contractor shall ensure that Contractor employees and sub- Contractor employees performing services under this contract comply with FAR 52.204-2, Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor will ensure the employee complies with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

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 IAW 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 Sub Contractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Sub Contractor 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 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 and 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 QCP, and the Contractor’s Security Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys 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 and 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 QCP.

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 IAW 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 contract.

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 all work under this contract. 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 at the post award meeting. 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 by phone between 0730 – 1600 Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.11.1 Special Qualifications: The Contractor shall be fully licensed and certified IAW German and European Union standards and regulations.

1.11.1.1 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 IAW English language documentation and publications used by the Government and its suppliers.

1.11.1.2 The Contractor shall provide at least one (1) person qualified to a “Master (Meister)” level in the following category to perform the required preventive maintenance and repair services for equipment listed in Exhibit A:

a. Master (Meister) or Engineer level for Heating Equipment (Heizungsbau-Meister oder Ingenieur)

b. Technicians: The Contractor shall provide fully qualified and trained personnel capable of maintaining

c. large oil burners (up to 3 MW) manufactured by the following:

ELCO (oil) Weisshaupt (oil) Brotje Boiler (gas)

d. Technicians working under this contract shall have at least the following minimum certifications - Apprenticeship diploma gas/ heating engineering (unaltered German version‘Gesellenbrief Gas/ Heizung Installateur’)

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 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 their personnel’s are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the Contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees to wear the ID badges visibly when performing work at Government workplaces.

1.13 Contractor Travel : Separate travel costs are not billable under this contract. All CLINs are fully burdened and include all associated costs.

1.14 Other Direct Costs: Separate other direct costs are not billable under this contract. All CLINs are fully burdened and include all associated costs.

1.15 Data Rights: The Government has unlimited rights to all documents/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/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 KO. 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 IAW USAG Wiesbaden EMS Policy, Final Governing Standards Germany, and applicable German environmental laws and standards. The Contractor shall inform the Contracting Officer and the COR 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: 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 and 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:

All Contractor employees, including subContractor employees, who are employed under the contract shall complete OPSEC Level I training within 30 calendar days after contract start date and 30 calendar days after employment of new personnel. 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 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 10 calendar days after the contract is awarded.

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 IAW 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: 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 instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after…