W912CM-19-Q-0017.pdf

SEE ADDENDUM

(No Collect Calls)

W912CM19Q0017 29-May-2019

b. TELEPHONE NUMBER

+0049-(0)6111435466755

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 30 Jun 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912CM9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ABIGAIL L. BALTIMORE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011333981

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

KONRAD-ADENAUER-RING 39, BLDG. 5301

65187 WIESBADEN

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W582RS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

EVELYN ROTH, COR

EVELYN ROTH, COR

1057 LUCIUS D. CLAY KASERNE

65205 WIESBADEN

GERMANY

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912CM19Q0017

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Tree Maintenance Services- AFH

FFP

AFH Tree Maintenance Services for trees identified in Attachment A at USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and Attachment 3.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011333981

PSC CD: H149

NET AMT

0002 1 Job Tree Maintenance Services- OMA

FFP

OMA Tree Maintenance Services for trees identified in Attachment B at USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and Attachment 4.

FOB: Destination

0003 1 Job Emergency Maintenance Services

T&M Emergency Maintenance Services for the removal of storm damage at USAG Wiesbaden shall be performed in accordance with the Performance Work Statement (PWS) and in conformance with the information price book (Attachment 6). NOTE: The total obligated amount under that line item shall not be exceeded without the written approval of the Contracting Officer.

FOB: Destination

TOT ESTIMATED PRICE

CEILING PRICE

7500 1 Each

CMR

FFP

Contractor shall set up and report IAW, PWS Part 5, Paragraph 5.2.5.1, entitled, Enterprise Wide Contractor Manpower Reporting Application (eCMRA). Final Payment will not be processed until the COR has verified completion of the CMR reporting requirement. When completing CMR, use the following:

Command: IMCOM Country: Germany Description: USAG Wiesbaden FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2019 TO

29-JUN-2020

N/A EVELYN ROTH, COR

EVELYN ROTH, COR

1057 LUCIUS D. CLAY KASERNE

65205 WIESBADEN

GERMANY

W582RS

0002 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

7500 POP 01-JUL-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 7500 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Tree Maintenance and Storm Damage Removal United States Army Garrison Wiesbaden (USAG-W), Germany

Part 1 General Information

1. General: This is a non-personal services contract under which tree maintenance in the United States Army Garrison (USAG) Wiesbaden shall be provided. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personnel services contract to provide tree maintenance within USAG Wiesbaden in Aukamm, Crestview and Hainerberg. This concerns Operations and Maintenance Army (OMA) and Army Family Housing (AFH) areas.

This contract includes also removal of hazardous storm damage from trees in the USAG-Wiesbaden footprint whenever required. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: USAG Wiesbaden Aukamm, Crestview, and Hainerberg areas contain a tree stock of approximately 5,200 trees, including more than 2,500 older trees (50 years and older). The maintenance work to be performed under this contract is defined in Technical Exhibit C and Technical Exhibit D, and affects approximately 850 trees. USAG Wiesbaden is required to comply with Host Nation safety regulations (traffic/public safety/Verkehrssicherheit; Para# 823 BGB).

1.3 Scope: The Contractor shall provide non-personal services for safety related tree maintenance within USAG W footprint including OMA and AFH areas at Aukamm, Crestview and Hainerberg. The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, electronic communication, reporting, and transportation necessary to perform trimming and removal of trees as listed in Attachment 3 and Attachment 4. In the event of storm emergency services shall be provided as addressed in Attachment 6.

All work under this contract is significant for the safety and wellbeing of tenants and shall be performed by specialized and experienced personnel only. The Contractor shall strictly adhere to ZTV Baumpflege in order to preserve the trees, to provide a safe environment, and to prevent future safety hazards.

The Contractor shall comply with all existing applicable laws and regulations for tree work in addition to ZTV Baumpflege and be able to work at multiple locations simultaneously, especially in the event of a storm.

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

1.5 Period of Performance: See Schedule.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) calendar days after date of contract award (Deliverable 1).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the Contractor shall then have five (5) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) calendar 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 shall include and answer 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 will the Contractor monitor work to ensure that performance complies with all deliverables (etc.

timelines, deadlines, and goals)?

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

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

e. Analysis of quality control and timeliness reports shall be sent to the COR when requested.

f. All equipment intended for the service performance.

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

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

5 years?

1.6.1.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance within 2 hours of identifying those issues. Verbal reports shall be followed up by written reports within 2 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 should do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.6.3 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.

1.6.3.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed or during emergencies. 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

1.6.3.2 Host Nation Holidays: 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 (Only in Baden-Wurttemberg, Bavaria, Hessen, varies yearly Nordrhein- Westphalen, Rheinland-Palatinate and Saarland) Day of German Unity 03 October 1st Christmas Day 25 December 2nd Christmas Day 26 December

1.6.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.6.4.1 Government Facility Office Hours: The Government facility office hours are 0715 to 1600 Central European Time (CET) Monday through Friday except on U.S. Holidays identified in paragraph 1.6.3.1 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: see para 1.6.4.1.

1.6.4.3 Contractor Support Hours: The Contractor is responsible for conducting regular business, between the hours of 07.00 and 17.00 CET, Monday thru Saturday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. During emergencies the Contractor shall provide services within eight (8) hours after receipt of notification at any time. The Contractor shall 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.

1.6.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, at a minimum, shall identify regularly scheduled work (to include location, work to be completed, timelines, etc.). The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within five

(5) calendar days after date of contract award (Deliverable 2). The Government will review and either accept or return their comments to the Contractor within five (5) calendar days. The Contractor shall then have three (3) calendar days to submit a Final Work Plan. Due to the urgency of work, 10% of the actions shall be performed within the first month after contract award, see also Para 5.2.2.

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

1.6.6 Place of Performance: The work to be performed under this contract shall be performed within USAG Wiesbaden, Aukamm, Crestview and Hainerberg OMA and AFH areas.

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

1.7.1 Security Program: Contractor personnel performing work under this contract shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative).

1.7.2 Personnel Security Clearance Requirements: Reserved.

1.7.3 Installation Access: 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 Reg 190-16 (and AE 190-16-G German translation) can be found on the following website:

https://www.aepubs.eur.army.mil/AE-Regulations.

1.7.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within ten (10) calendar days after contract award (Deliverable 3). The log must at a minimum contain the following information: fuehrungszeugnis not older than 1 year, copies of passport. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 4).

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 ten (10) calendar days of employment expiration. (Deliverable 5).

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 thirty (30) calendar days of termination or cancellation of this contract. (Deliverable 6).

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. If the Contractor incurs costs to comply with the FPCON changes, the Government will provide equitable adjustment.

1.7.4.1 U.S. Citizen: Reserved.

1.7.4.2 Local Nationals and Third Country Nationals: Reserved.

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: Reserved.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with 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): Definition of COR duties can be found in Part 2 of this PWS.

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 order. 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 an 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, along with a Curriculum Vitae (CV) and all qualification certificates for each of these individuals, shall be provided in writing to the COR no later than 10 calendar days after contract award (Deliverable 7). 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 Contract Manager or Alternate Contract Manager shall be available between during the normal hours of operation, see para 1.6.4. Qualifications for all key personnel are listed below:

Contract Manager and Alternate Contract Manager: Engineering or apprenticeship degree in the field of Agronomist for Tree Maintenance (Fachagrarwirt Baumflege/Baumsanierung) with a minimum of five (5) years of experience in managing extensive tree stocks (see “Definitions”). Alternative engineering degree in the field of Forestry may be accepted with a minimum of eight (8) years of experience in managing extensive tree stocks in urban area IAW environmental laws, tree protection, ZTV Baumpflege and work safety requirements.

1.11.1 Special Qualifications: The Contractor shall be a company specialized to perform professional tree maintenance services IAW all pertinent regulations in a professional and independent manner. The Contractor shall possess experience in the maintenance of mature trees. The Contractor or Contractor personnel shall be a member of a trade association such as Qualitätsgemeinschaft Baumpflege und Baumsanierung e. V. (QBB), Forschungsgesellschaft Landschaftsentwicklung Landschaftsbau (FLL), Sachverständigen Arbeitsgemeinschaft Baumstatik (SAG Baumstatik), International Society of Arboriculture (ISA), or comparable organizations. An RAL Qualification for Tree Maintenance, RAL Baumpflege Fachverband geprüfterBaumpfleger e.V. would also be acceptable.

1.11.1.1 Personnel Qualifications: The Contractor shall provide sufficient numbers of personnel to perform required services in the required timeframes. The Contractor personnel shall possess the following minimum qualifications:

Tree Worker: Each Contractor employee shall possess a minimum of three (3) years of experience in tree maintenance and shall be certified as a European Tree Worker, European Tree Technician or Agronomist for Tree Maintenance (Fachagrarwirt Baumflege / Baumsanierung).

Rope Supported Tree Work: In addition to the experience in PWS 1.6.15.1.1, each Contractor employee shall be trained in rope supported climbing technique IAW Unfallverhütungsvorschrift Vorschriften für Sicherheit und

Gesundheitsschutz (UVV VSG) 4.2 para.2 with certification Seilklettertechnik (SKT) A and B (Accident Prevention Regulation).

NOTE: All certificates shall be provided within 10 days of contract award to the COR (Deliverable 8). When new personnel are employed by the Contractor to perform services on this contract, the Contractor shall submit their qualifications to the COR for review and approval prior to performing on this contract (Deliverable 8). The qualifications shall match experience and education as described in this PWS.

1.12 Identification of Contractor Employees: The Contractor shall provide its personnel working under this contract with badges, uniforms or other items that clearly identify them as Contractor employees. Badges, if provided, shall be displayed on the front of outermost layer of clothing, between neck and waist, and shall include, at a minimum, firm name, employee picture, name and title. Uniforms, if provided, shall clearly identify the firm name at a minimum on the front or back between neck and waist. Contractor personnel shall present a professional appearance while performing services under this contract. All personnel incl. Subcontractor personnel has to be listed and names provided to the COR, see also para 1.11.1.1.

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 authorized 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): Contractor and Subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.)

or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period: Reserved.

1.20 Safety: 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.

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 Contracting Officer 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.

(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), 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. The Contractor will provide documented proof of host nation safety notifications to the COR upon request.

1.21 Environmental Compliance: The following provides information on Environmental Compliance.

1.21.1 Environmental Compliance Plan and Program: 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 shall 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 shall 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 Required Training: The following provides information on AT / OPSEC related training requirements.

1.22.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including Subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty

(30) calendar days after employment of new personnel. 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 (Deliverable 10) for each affected Contractor employee and Subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within thirty (30) calendar days after completion of this training by all employees and Subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable 10) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

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

1.22.2 OPSEC Training: All Contractor employees, including Subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract (Deliverable 9). Verification of the training shall be provided to the COR within thirty (30) calendar days after completion of the training (Deliverable 11). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel shall complete refresher training every 12 months (Deliverable 9). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (Deliverable 11).

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 ten (10) after completion of the training (Deliverable 11).

1.22.3 iWATCH Training: The Contractor and all associated Subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance (Deliverable 10). Verification of the training shall be provided to the COR within ten (10) calendar days after completion of the training (Deliverable 12).

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 : 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 default.

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: Reserved.

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, shall 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.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

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.

Extensive Tree Stock – Tree stock with minimum 5000 trees. The tree stocks shall contain at minimum 2000 mature trees over 50 years (planted 1960 and older).

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.

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 – 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., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

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

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

AFH Army Family Housing AQL Acceptable Quality Level ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations

CLIN Contract Line Item Number CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List…