W912CM-18-Q-0026_Amendment_0004.pdf

0011182997-0001

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 modif ication 0004 to W912CM-18-Q-0026 is the follow ing:

a. Revise CLIN description for CLINs 0001, 0002, 0004 and Option CLINs.

b. Add Minimum/Maximum Amounts for IDIQ.

c. Add FAR 52.228-5

d. Revise the Addendum to 52.212-1,Para. 2.6 Section 1, Qualif ications, to remove "in accordance w ith PWS 1.11.1".

e. Revise Addendum to 52.212-1, Section 2, Subfactor 2, Experience to remove "length of performance."

f. Revise Addendum to FAR 52.212-1, Para. 2.5, Volume II-Price

g. Revise Addendum to 52.212-2, Para. 3.2 Price Factor

h. Revise PWS, Para 1.2.1.4.7

i. Extend solicitation due date for quotes to 4 Sep 2018, 1400 CET.

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 31

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

16C. DATE SIGNED

BY 31-Aug-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 W912CM18Q0026

X 9B. DATED (SEE ITEM 11)

09-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.

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

6. ISSUED BY

3. EFFECTIVE DATE

31-Aug-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:

W912CM18Q0026

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 22-Aug-2018 11:00 AM to 04-Sep-2018 02:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The contractor shall provide preventive maintenance (PM) services for separators and septic tanks in accordance with the Performance Work Statement (PWS) and Attachment 4 - Price Book.

To:

The contractor shall provide preventive maintenance (PM) services for grease and POL separators and septic tanks in accordance with the Performance Work Statement (PWS) and Attachment 4 - Price Book.

CLIN 0002

The contractor shall provide cleaning and inspection services of separators IAW the PWS and Attachment 4 - Price

Book.

The contractor shall provide cleaning and inspection services of grease and POL separators IAW the PWS and

Attachment 4 - Price Book.

CLIN 1001

The contractor shall provide preventive maintenance (PM) services for separators and septic tanks in accordance

The contractor shall provide preventive maintenance (PM) services for grease and POL separators and septic tanks

CLIN 1002

The contractor shall provide cleaning and inspection services of separators IAW the PWS and Attachment 4 - Price

The contractor shall provide cleaning and inspection services of grease and POL separators IAW the PWS and

CLIN 2001

The contractor shall provide preventive maintenance (PM) services for separators and septic tanks in accordance

The contractor shall provide preventive maintenance (PM) services for grease and POL separators and septic tanks

CLIN 2002

The contractor shall provide cleaning and inspection services of separators IAW the PWS and Attachment 4 - Price

The contractor shall provide cleaning and inspection services of grease and POL separators IAW the PWS and

The following have been added by reference:

52.228-5 Insurance - Work On A Government Installation JAN 1997

The following have been added by full text:

MINIMUM/MAXIMUM AMOUNTS

NOTE: The guaranteed minimum under this contract is $25,000.00. The guaranteed minimum is applicable to the entire contract period.

The maximum the Government may purchase under this contract is $500,000.00 over the whole contract period.

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 Offers", 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 L. Baltimore, Contract Specialist, Abigail.l.baltimore.civ@mail.mil

Jeannie Botteri, Contracting Officer, 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-0026”. 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 mailto:Abigail.l.baltimore.civ@mail.mil mailto:Jeannie.m.botteri.civ@mail.mil mailto:usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil mailto:abigail.l.baltimore.civ@mail.mil mailto:usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil mailto:usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil numbered sequentially by volume. All documents shall be Word or PDF documents compatible with MS Word

2007 or Adobe Reader 9.

2.1.2. QUOTE ORGANIZATION.

Table 1: Quote Organization

Volume Volume Title Page Limit

I Technical to include:

Section 1 - Qualifications

Section 2 – Experience (Reference Information

Sheets)

N/A

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

Price Book, completed for the base and two option periods.

III Solicitation, Offer and Award Documents and

Certifications/Representations

Note: Offerors registered in SAM need only to complete paragraph (b) of the 52.212-3, if applicable.

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

2.3 Compliance with all the submission requirements. Incomplete submission including those that failed to provide required material information will be rated “unacceptable” and may be excluded from further evaluation.

The Government may also determine 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 which shall include the following:

2.5 The technical volume must clearly describe the Offeror’s proposed capabilities and approach to fulfill the requirements of this solicitation. 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:

Section 1 – Subfactor 1. Qualifications

Section 2 – Subfactor 2. Experience

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

Section 1 – Subfactor 1. Qualifications. Offeror shall submit current valid cerfitications as follows:

a. Contractor license as specialized company in accordance with Para 19 (1) German Water Conservation Law

(Wasserhaushaltsgesetz).

b. Proof of Contractor company water pollution liability insurance in accordance with the host nation water conservation law. The Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts - for harm to persons: 2,000,000 Euro.

c. Conractor company registration with the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce

(Industrie-und Handwerkskammer (IHK).

Section 2 – Subfactor 2. Experience. Offeror shall submit an individual Reference Information Sheet for two (2) contracts 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 similiarity to work contemplated under this Solicitation with respect to complexity, scope, type of work, and value (minimum $100,000. Magnitude threshold of $300,000.00 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 all FFP CLIN's in the Base and Option Years

(i.e., 0001, 0002, 0003, 0004 & 7500)

Completed Price Book, Attachments 4 and 5.

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-separately-price

(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 offer. The offer 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 offer will create a binding contract between the Government and the Offeror. The Offeror’s failure or refusal to assent to any of the terms and conditions of this RFQ or the Offeror’s imposition of additional conditions or any material omission in its offer may constitute a deficiency which will make the offer unacceptable to the Government.

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

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 Multiple Separator Systems within United States Army Garrison (USAG) Wiesbaden, Germany

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide emptying, cleaning, inspection, repair and transportation of residue disposal for petroleum, oil and lubricant (POL) separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks. This requirement also includes transportation and disposal of substances from each these receptacles. Service also includes On Demand service requests of the facilities and equipment listed on the attached inventory lists

(Attachment 3, A-D). 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 emptying, cleaning, inspection, repair transportation, and residual disposal of substances for Multiple Separator Systems within USAG

Wiesbaden.

1.2 Background: The USAG Wiesbaden must ensure that the POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks listed in Attachments 1-4 obtain the required emptying, cleaning, and maintenance to comply with host nation regulations, established commercial practices, and the performance standards as specified herein.

1.3. Scope: The Contractor shall assume total responsibility for all requirements stated herein, on the commencement date of the performance period. The Contractor shall perform as specified in this contract and under the direction of the Contracting Officer (KO). Services include emptying, cleaning, inspection, and repair of POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks. In addition to these services, the Contractor is responsible for responding toon demand service requests as well as transportation and disposal of residue, as described in this PWS.

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. The Contractor shall ensure emptying, cleaning, inspection and maintenance of POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks are performed IAW host nation regulations to maintain operational effectiveness. The Contractor shall ensure proper transportation and disposal of residues IAW host nation regulations.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12-months and two (2)

12-month option periods.

1.6 General Information:

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

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

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

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

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

e. How the Contractor will ensure all keys issued will remain controlled items (See 1.8 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 5 years.

i. The Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts: For harm to persons: 2,000,000 Euro.

A final QCP shall be submitted to the Contracting Officer’s Representative (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 of the change. In addition to this, an analysis of quality control and timeliness reports shall be sent to the COR within 10 calendar days after the end of each individual Task Order issued under this contract.

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 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 specified herein. 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

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 conduct business between the hours of

07:15–16:00, Monday through Friday accept 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 will not be reimbursed when the Government facility is closed for the above reasons. The Contractor shall not normally provide services on US or German holidays. However, the Contractor may be required to provide On

Demand services on holidays, as coordinated with the COR. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

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

1.6.6 Place of Performance: The services under this contract shall be performed at various locations throughout the USAG Wiesbaden footprint in accordance with the Attachment 4.

1.6.7 Type of Contract: The Government will award a IDIQ contract with Time & Materials CLINs for repair services.

1.7 Security Requirements: RESERVED

1.7.1 Security Program: RESERVED

1.7.2. Personnel Security Clearance Requirements: RESERVED

1.7.3 Installation Access: The Contractor shall provide an installation pass log within 30 calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within 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 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 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 and information 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: RESERVED

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal

Acquisition Regulation Subpart 42.5. The KO, 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; 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 price and 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 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 within 10 calendar days after contract award 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 by phone 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 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 and as specified in this PWS.

b) The Contractor shall provide fully qualified and trained personnel, capable of cleaning, maintaining and repairing

POL separator systems, water retention basins, and water plants in compliance with US Government Regulations, DIN Standards, VDE, - VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and the

“Standards of the Industry”.

c) The Contractor company shall be certified as “Entsorgungsfachbetrieb” by the Entsorgungsgemeinschaft der

Deutschen Entsorgungswirtschaft e.V. or shall be certified through Technischer Ueberwachungsverein (TUEV) or

Technische Ueberwachungsorganisation (TUEO).

d) The Contractor company shall have a current and valid Transportation and Waste Disposal Certificate provided from Technical Monitoring Association (TUEV) or from Technical Monitoring Organization (TUEO).

e) The Contractor company shall have the certification for maintenance of drainage, piping and channels

(Abwasserleitungen und kanälen) and “Guetesicherung Kanalbau RAL-GZ 961”(Quality

Assurance Certificate for Sewer Construction RAL-GZ 961).

f) Licensed as specialized company in accordance with Para 19 (1) German Water Conservation Law

g) Maintain water pollution liability insurance in accordance with the host nation water conservation law. The

Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts: For harm to persons: 2,000,000 Euro

h) Company registration with the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie-und Handwerkskammer (IHK).

j) All technicians performing services shall have at least three (3) years of working experience of emptying and cleaning of grease and starch separators and septic tanks and disposal of contents.

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

Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel identification shall be easily identifiable through the display of badges IAW AER 27-715 Contractor Identification.

1.13 Contractor Travel: RESERVED

1.13 Other Direct Costs: RESERVED

1.14 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.

1.15 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.

1.16 Non-Disclosure Statements: RESERVED

1.17 Organizational Conflict of Interest (OCI): Contractor 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 KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

1.18 Phase In /Phase Out Period: RESERVED

1.19 Safety: The Contractor shall comply with all traffic and workplace safety regulations and is responsible for the appropriate securing of all work places. Regulations regarding the securing of work places near roads shall be complied with (RAS 1995, MVAS 1990). The Contractor shall install all necessary barriers and signage for traffic regulation and protection of personnel when performing near roads. The Contractor shall comply with all Accident

Prevention Regulations. The Contractor shall comply with all laws and regulations applicable to work safety.

Cleaning work shall be performed only in consideration of the Accident Prevention Regulations. All Contractor personnel performing services shall wear individual protective equipment. All maintenance services outlined herein shall be performed in accordance with the manufacturer’s handbooks and directives as well as all applicable safety regulations. The Contractor shall independently obtain copies of all standards and applicable regulations and ensure that personnel are also apprised of all standards and regulations. Smoking in buildings of the U.S. Forces is prohibited. Smoking is only permitted area outside of buildings in designated smoking areas.

1.20 Safety Plan and Program: The Contractor shall submit a Safety Plan to the COR for review and acceptance within 10 calendar days after date of contract award. The COR will accept or reject the Safety Plan within five (5) http://www.defenseimagery.mil/products/dodimagery/commercialuse.html calendar days of the date of submission. If rejected, the Contractor shall revise the Safety Plan and provide a revised copy to the COR within two (2) calendar days, and the COR will in-turn accept or reject the revised plan within two

(2) calendar days; and so on until both parties are in agreement. During the performance of the contract, the

Contractor shall submit any changes to the Safety Plan to the COR not later than 10 workdays prior to the effective date of change. The COR will accept any proposed changes to Safety Plan in writing within five (5) calendar days from date of submission of the changes to the Safety Plan.

1.21 Environmental Compliance: 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 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 http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html 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 (KO) - 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…