W912CM-19-Q-0002_Amendment_0001.pdf

0011232850

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

1.) Add Clause 52.245-9 2.) Add Clause 252.211-7007 3.) Amend PWS Part 3

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 29

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

16C. DATE SIGNED

BY 11-Jan-2019

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 W912CM19Q0002

X 9B. DATED (SEE ITEM 11)

17-Dec-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

11-Jan-2019

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:

W912CM19Q0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.245-9 Use And Charges APR 2012 252.211-7007 Reporting of Government-Furnished Property AUG 2012

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Full Preventive Maintenance of Fire Alarm Systems, Evacuation, Sprinklers, and Fire Suppression Systems within USAG Wiesbaden

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide maintenance, inspection, programming and repair of the fire alarm systems (including the Fire Alarm Dispatch Center and Fire Department full operating and integrated systems), evacuation systems, sprinklers, and fire suppression systems within United States Army Garrison (USAG) Wiesbaden. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance, programming, inspections, and repair of fire alarm systems, evacuation systems, sprinklers, and fire suppression systems within USAG Wiesbaden as defined in this Performance Work Statement (PWS). The contractor shall perform to the minimum standards in this contract.

1.2 Background: The USAG Wiesbaden must ensure that all installed fire alarm systems (including the Fire Dispatch Center and Fire Department full operating and integrated systems), evacuation, sprinklers, and fire suppression systems, listed in the attached inventory list (Attachment 1-3, Inventory Pricebook), are to be maintained, programmed and repaired in accordance with (IAW) established life safety standards as specified herein.

1.3 Scope: The contractor shall provide maintenance, programming, inspections, and repair of the fire alarm systems, evacuation systems, sprinklers, and fire suppression systems listed on the attached inventory list

(Attachment 1-3, Inventory Pricebook). 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.

1.4 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 required services include the performance of programming, repairs, replacements and maintenance on building fire alarm and evacuation systems, sprinkler systems, fire suppression systems and the complete integrated fire station main dispatch and connected subsystems.

On-call repairs are required, as needed, for the equipment listed in Attachments 1-3.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a 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.

The Contractor’s proposed QCP shall be submitted to the Contracting Officer’s Representative (COR) for review within 10 work days after date of contract award (Deliverable #1).

The COR will review and notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days. If the Government has provided comments, the Contractor shall address all comments and submit a final QCP within three (3) days. After receipt of the final QCP, the Contractor may receive the COR’s acceptance in writing. Any proposed changes to the accepted QCP shall be resubmitted for acceptance by the COR no later than 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes.

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 identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future

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

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.

1.5.2 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, and the acceptable quality levels (performance thresholds).

1.6 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS.

If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.6.1 U.S. Holidays: Routine work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

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

1.6.2 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.

1.6.3 Host Nation Holidays: Routine work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

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 Operating Hours: 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.

1.6.4.1 Government Facility Office Hours: The Government facility office hours are 0715 to 1600, Monday through Friday accept U.S. Holidays identified in paragraph 1.6.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4.2 Government Facility Operating Hours: The Contractor shall conduct business between the hours of 0715–1600, 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 U.S. or German holidays. However, the Contractor may be required to provide On- Demand services on holidays, as coordinated with the COR.

1.6.4.3 Contractor Support Hours: The Contractor shall provide regular support between the hours of 0715 to 1600 and 24/7 response for on-demand services.

1.6.4.4 Contractor Work Plan: RESERVED

1.6.5 Place of Performance: The services to be performed under this contract shall be performed at various locations and buildings within USAG Wiesbaden.

1.7 Security Requirements: The following information is provided on security related matters.

1.7.1 Security Program: RESERVED

1.7.2 Personnel Security Clearance Requirements: RESERVED

1.7.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors 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. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply 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 System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access. AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/

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

1.7.3.1 RESERVED.

1.7.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within five (5) working days.

1.7.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within five (5) working days.

1.7.3.4 Common Access Cards (CAC): RESERVED.

1.7.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors. 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.

1.7.4.1 U.S. Citizen: RESERVED

1.7.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. Contractors employing local national and third country nationals shall submit to the COR a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than five (5) days after contract award (Deliverable #19). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within five (5) days of receipt, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.7.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

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 the Army Physical Security Program (AR 190-13).

1.7.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. 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 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 Contractor’s Security Plan and the QCP. 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 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 payment due to 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 payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys 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 Quality Control Plan.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity IAW FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall 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.

1.9.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.10 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter 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 or Task Orders.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. 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 property, and coordinate site entry of Contractor personnel.

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 Contract Manager, who shall act for the Contractor when the Contract Manager is absent, shall be provided in writing to the Contracting Officer during the post-award meeting (Deliverable #2). The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor shall be available 24 hours by phone, Monday thru Friday, on Federal holidays and local holidays. Qualifications for all key personnel are listed below:

a. English language: All Contractor 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. Special Qualifications: The Contractor shall be certified in accordance with the VDS and shall have a current and valid VDS Certificate in accordance with DIN EN 14675 and related additional certification in accordance to the related regulation for sprinkler, smoke exhaust and fire extinguishing sytems” (VdS anerkannten Errichterfirmen für Brandmelde-, Sprinkler, Feuerlöschanlagen und Rauch - und Waermeabzugsanlagen).

The Contractor shall ensure that all personnel performing required services are professionally certified as required by regulation. The Contractor shall provide current training certificates for all technicians (“befaehigte Person mit Sachkundnachweis”) responsible for maintaining Fire Detection Systems described in the PWS within five (5) calendar days after award (Deliverable #3). If any of the technicians change during contract performance, the Contractor shall notify the COR immediately and provide a substitute with the same qualifications within five (5) calendar days of the change.

The Contractor shall provide the name, title, training status and telephone number of the personnel providing services on this contract to the COR within five (5) calendar days after award

(Deliverable #18). This list shall be updated and submitted to the COR via email within 24 hours of changes that occur throughout the duration of this contract. Work performed by personnel not on this list will not be accepted by the COR and, as such, will not be compensated by the Government.

The Contractor must be certified from the Main System builder, Distributor or manufacturer, and shall provide VdS Certification for Fire Alarm Systems, in accordance to DIN 14675 and related additional certification in accordance to the regulation for Sprinkler Systems, Evacuation Systems and Suppression Systems (VdS-anerkannter Errichter fuer Brandmeldeanlagen, Sprinkler Anlagen, Rauch und Waermeabzugsanlagen) to the COR five (5) days after award (Deliverable #3). The Contractor shall also provide certification from TUEV for specialized speaking alert systems (Fachfirma fuer Sprachalarmanlagen) to the COR within five (5) days after award (Deliverable #3).

The Contractor shall have a master craftsman (HWK) certificate for the fire alarm, sprinkler extinguishing systems or be registered in the Chamber of Commerce and Industry (IHK). The contractor shall provide current DIN 14675 certification for fire alarm systems and related additional certification in accordance to the regulation for sprinkler, smoke exhaust and fire extinguishing systems” (VdS anerkannten Errichterfirmen für Brandmelde-, Sprinkler, Feuerlöschanlagen und Rauch -und Waermeabzugsanlagen) five (5) days after contract award to the COR (Deliverable #3).

The Contractor shall provide a certificate for at least one (1) employee qualified as a Master (Meister) in the category of "Master Electrician (Elektrotechniker-Meister)" with specialized qualification for fire protection systems to the COR five (5) days after contract award (Deliverable #3). This person shall be responsible for all electrical work under the contract for the entire performance period IAW the PWS. If the Master Electrician changes during contract performance, the Contractor shall notify the COR immediately and provide a substitute with the same qualifications within two (2) calendar days of the change.

c. Technicians: The Contractor shall provide only qualified personnel (“befaehigte Person mit Sachkundnachweis”) for all specialized work required for the equipment listed in the attached inventory list (Attachment 1-3, Inventory Pricebook). At least one (1) employee for each single system shall be qualified for smoke protection doors, fire flaps, fire shutters and kitchen installations (Ansul and flamefast), fryers, grills (electric or gas) and be specialized for speaking alert systems. This person shall be responsible for all specialized work at the single system for the entire performance period IAW the PWS. If the personnel changes during contract performance, the contractor shall notify the COR immediately and provide a substitute with the same qualifications withinf (2) calendar days of the change.

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 must identify themselves by name and company affiliation as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Contractor Workspace Sign: The Contractor shall provide a sign for Contractor workspace (staging site, on-site office, desk or work area, etc.) signifying the space is occupied by Contractor employee(s). The proposed sign shall be submitted to the COR for review and acceptance 10 calendar days after contract award (Deliverable #4).

Workspace sign location shall be coordinated with the COR. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under PWS paragraph 4.4.

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the Contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the COR prior to the contract performance date and updated as needed to reflect Contractor personnel changes (Deliverable #5).

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

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

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall 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): RESERVED

1.19 Phase In /Phase Out Period: RESERVED

1.20 Safety: The following provides information pertaining to Safety and Accident Prevention.

1.20.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1, will be reviewed for acceptance by the COR within ten (10) calendar days of contract award (Deliverable #6). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1.

EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(d) The Contractor shall discuss the plans in conferences convened by the COR prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase.

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.20.2 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete.

1.20.3 Host Nation Safety Notifications: The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the COR, no later than five (5) days (Deliverable #7) that such notifications were made.

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

1.21.1 Environmental Compliance Plan and Program: RESERVED

1.22 Required Training: The following provides information on training requirements.

1.22.1 Anti-Terrorism (AT) Level I Training (Deliverable #8): All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 30 days after contract start date, and 30 days after new employees commence contract performance. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within three (3) 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, except AOR-specific AT Level I training, which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR 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 three (3) days after completion of the training.

1.22.2 OPSEC Training (Deliverable #9): All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 days after contract start date, and 30 days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) days after completion of the training. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within three (3) days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR 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 three (3) days after completion of the training.

1.22.3 iWATCH Training (Deliverable #10): 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 inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after contract start date and within 30 days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) days after completion of the training . Training slides can be found on the Army OneSource we site: http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.22.4 Information Assurance (IA) Training (Deliverable #11)

1.22.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within 30 days after contract start date and within 30 days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) days after completion of the training.

1.22.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program

DoD 8570.01-M, and Information Assurance AR 25-2 within 30 calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.22.4.3 RESERVED

1.22.5 Personally Identifiable Information (PII): RESERVED

1.23 Authorization to Perform Services in Germany

1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law.

The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.23.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement.

Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for cause.

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive: RESERVED

1.26 Government Property and Services: RESERVED

1.27 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. Contractor-owned or controlled structures and containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means 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) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR:

“Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means 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.

Day – means, unless otherwise specified, a calendar day.

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

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

Government-Furnished Property - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel;

to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e.