W912CM-19-R-0002_Amendment_0002.pdf

0011201080

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to make corrections to CLINs 0001, 1001, 2001, 3001, amd 4001 of the schedule and paragraph 5.2.1 of the PWS.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 58

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

16C. DATE SIGNED

BY 07-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 W912CM19R0002

X 9B. DATED (SEE ITEM 11)

07-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 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

07-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:

W912CM19R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, minor interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and Attachment 9 Price Book.

To:

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and Attachment 9 Price Book.

CLIN 1001

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, minor interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS)

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and

CLIN 2001

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, minor interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS)

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and

CLIN 3001

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, minor interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS)

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and

CLIN 4001

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, minor interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS)

The Contractor shall provide non-personal services for Between Occupancy Maintenance (BOM) and repair of vacant quarters at Army Family Housing (AFH). Services shall include inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within the USAG Wiesbaden, Germany footprint in accordance with the Performance Work Statement (PWS) and

The following have been modified:

PERFORMANCE WORK STATEMENT

Between Occupancy Maintenance

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide Between Occupancy Maintenance (BOM) for Army Family Housing (AFH) and Unaccompanied Personnel Housing (UPH), including inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items within various areas of the United States Army Garrison (USAG) Wiesbaden, Germany footprint in accordance with (IAW) Attachments 1 through 5. 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.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the entire work as defined in this Performance Work Statement (PWS), except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Housing Division, DPW USAG Wiesbaden must ensure that all vacant quarters (AFH and UPH) within USAG Wiesbaden are kept operational to prevent damage and uninhabitable quarters.

1.3 Scope: BOM services include preventive maintenance and repair, inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items.

The Contractor shall accomplish all work IAW Part 5 of this PWS. All work is identified by authorized, qualified, housing representatives. The Contracting Officer will issue Task Orders that consist of work packages (WP) and separately priced line items. The representative of DPW, Housing Division, USAG Wiesbaden will place calls for work to be performed with a detailed work description of the identified BOM work on a call-by-call basis. In most cases, the Contractor will receive BOM calls the day before the start date. The Housing Office may issue up to one

(1) call per day with up to 10 quarters on each call with the same start day. The components of work packages may also be ordered individually as separately priced line items IAW part 5 of this PWS.

1.4 Objectives: The contractor shall perform preventive maintenance and repair, inspections, cleaning, preparation for painting, interior painting, floor repair, limited grounds maintenance and replacement of defective housing items.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years.

1.6 General Information: The Contractor shall develop and maintain an effective quality control program to ensure services are performed IAW this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures itself that its work complies with the requirement of the contract.

1.6.1 Quality Control Plan (QCP): At a minimum, the QCP must include the following to be acceptable:

a. QC PERSONNEL LIST: Identification and clearly defined authority of the personnel under the Contractor's organization who are identified as QC personnel. The names of individuals performing inspections and the extent of their authority shall be given in the form of an organizational chart. The personnel list shall be provided to the COR within three (3) days after contract award.

b. QC INSPECTION SYSTEM: A QC inspection system covering general and specific tasks shall be included in the QC plan. It shall specify tasks or areas to be inspected, either on a scheduled or unscheduled basis, and the manner in which inspections are conducted. A method by with the Contractor monitors that the performance complies with all timelines, deadlines, and goals.

c. QC KEY CONTROL: The Contractor shall develop procedures covering key control that shall be included in 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 occurrences of lost or duplicate keys or key cards to the COR.

d. QC TEST METHODS: Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests must be specified.

e. QC DEFICIENCIES IDENTIFICATION. A method of identifying, investigating, and correcting any non-conforming performance and prevent similar deficiencies in the future.

f. QC DEFICIENCIES DOCUMENTATION: A method of documenting how QC operations of prime or subcontractor work will be enforced, including inspection and testing. The deficiencies document shall be made available to the Government at any time during the term of this contract.

An analysis of quality control and timeliness reports shall be sent to the COR within 15 days calendar days after the end of each call. A final QCP shall be submitted to the COR for review and acceptance within 15 calendar days after date of contract award. After acceptance of the QCP, the contractor will receive the COR’s acceptance in writing. Any changes to the accepted QCP will be required to be resubmitted for acceptance within five (5) calendar days.

The Contractor shall bring identified issues or potential problems that might affect future performance to the attention of the COR as soon as possible. Verbal reports shall be followed up by written reports within five (5) calendar days.

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

1.6.3 Recognized Holidays: 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 shall 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 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

1.6.3.2 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.

New Year’s Day 01 January Good Friday varies yearly Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit Monday varies yearly Corpus Christi varies yearly Day of German Unity 03 October 1st Christmas Day 25 December 2nd Christmas Day 26 December

1.6.4 Hours of Operation: The Contractor shall perform services between the hours of 0730-1630 CET, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

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 service member 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 at the USAG Wiesbaden, Germany footprint (see Attachments 1 through 5).

1.6.7 Type of Contract: The Government will award a Firm-Fixed Price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ service contract).

1.7 Security Requirements:

1.7.1 Security Program: Contractor personnel performing work under this contract shall attend the following security training sessions and must maintain the level of security required for the life of the contract. Security requirements are IAW the DD254, which will be provided by the unit security monitor. The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by USAG Wiesbaden).

1.7.2 Personnel Security Clearance Requirements: RESERVED

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

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

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.hq.usacce.army.mil/

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

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

Installation Access Control Office:

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

1.7.4 Background Checks: The Contractor shall provide all information required for background checks to meet installation-access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office, and residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA, and 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.

1.7.5 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. If applicable, government issued access badges shall not be worn outside designated facilities where visible to the general public. The Contractor shall immediately report suspicious activities to security personnel.

1.8 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE:

All references to keys include key cards and transponders. The Contractor shall obtain keys from Family Housing Monday through Friday from 08:00 through 08:30 CET. At this time keys for AFH and UPH vacant quarters will be issued to the Contractor or his authorized representative for work to be performed as stated on the order. The Contractor shall not give Government furnished keys to any persons other than the Contractor's employees working under this contract. The Contractor shall not duplicate Government furnished keys without the approval of the COR. Government furnished keys issued to the Contractor for the period of the contract shall be returned to the Government no later than the day following contract completion or termination. Government furnished keys issued to the Contractor for special tasks shall be returned to the Government no later than the day following the completion of the task or termination of the tasking. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan, if applicable.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contract Manager or designated representative shall attend meetings as requested by the Government. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Meetings may start or end outside of regular work hours. These meetings shall be at no additional cost to the Government.

1.10 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting Task Order.

1.11 Key Personnel: The following personnel are considered key personnel by the Government:

a. A Contract Manager who shall be responsible for the performance of the work.

b. An Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent.

The name of the Contract Manager and Alternate shall be designated in writing to the COR. The Contract Manager or Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available from 0730-1630 CET, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. The Contract Manager and Alternate shall speak fluent English.

1.11.1 Special Qualifications: Contractor shall be ISO 9001 certified. All Contractor personnel shall be qualified and experienced in the skills and responsibilities of the position to which they are assigned. All applicable professional and occupational standards as recognized by the industry and required by law will apply. The Contractor shall provide employees (at least qualified as a Master (Meister) in the following categories:

a. Master Electro (Elektrotechniker-Meister). The Master Electro shall provide and oversee professional electrical services. Master Electrical Engineer shall supervise, control and monitor all electrical work.

b. Master Carpenter for working on parquet flooring (Parkettleger-Meister). The Master Carpenter for parquet flooring shall provide and oversee professional flooring work. Master Carpenter for parquet flooring shall supervise, control and monitor all flooring work.

c. Master Carpenter (Schreiner-Meister). The Master Carpenter shall provide and oversee professional carpentry work.

d. Master Painter (Malermeister). The Master painter shall provide and oversee professional paint jobs.

Master Painter shall supervise, control and monitor all paint work.

If the Contractor changes any of the Master positions identified above during contract performance for any reason, the Contractor shall inform the COR in writing and submit a copy of the Master Electro, Master Carpenter, and Master Painter certificate to the Government for approval prior to the Contractor employee beginning work.

1.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel identification shall be easily identifiable through the display of badges IAW AER 27-715 Contractor Identification.

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

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs: RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and 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. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply, and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.17 Non-Disclosure Statements: RESERVED

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period: RESERVED

1.20 Safety: In order to provide safety control for protection of the life and health of employees and other persons;

for protection of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of the contract, the Contractor shall submit a safety plan to the COR for all operations to be performed during this contract within 15 days of the effective contract award date.

1.21 Environmental Compliance: The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesbaden's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Wiesbaden installations are conducted IAW the USAG Wiesbaden Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable German environmental laws/standards.

If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer (KO)/Contracting Officer Representative (COR) of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division.

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated IAW Final Governing Standards Germany and applicable German environmental laws/standards.

A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance 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 548-4092, CIV 0611143-548-4092, Bldg. 1059, Clay Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

Current Environmental Policy (Garrison policy Number 22) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf

Current Prohibited Refuse Disposal Practices Policy (Garrison policy Number 27) is available at the Garrison website:

http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf

1.22 Environmental Compliance Plan and Program: The Contractor shall comply with all applicable environmental protection laws and regulations, and any other contract requirements for clean air and water, toxic and hazardous substances control, pollution control, and resource conservation and recovery.

a. Within 30 days of award of this contract the Contractor shall provide a Spill Plan (Deliverable #5) to the COR for approval. The Contractor shall provide and enforce the use of personal safety equipment. Any environmental protection matters or questions shall be coordinated with the COR. The Contractor shall strictly comply with manufacturer's guidelines and professional recommendations for control of humidity, temperature, cleanliness and proper segregation by compatibility and material handling of all hazardous materials. The Contractor shall report all occurrences of hazardous material spills to the COR within one

(1) hour of occurrence. The Contractor shall fully document and maintain on file all hazardous material spills occurring during the performance of this contract.

b. Hazardous waste shall not be stored on the work site or disposed of in containers for household waste, construction debris or recyclable materials. Rags, mops and brushes that are saturated with combustible fluids shall be stored in an air tight metal container outside of buildings. Paint and thinners shall not be poured into building drain lines or sewer.

c. The Contractor shall dispose of all existing material, which has been removed or disconnected from a work site, IAW German law.

d. The Contractor is solely responsible for all spills or leaks of hazardous waste occurring from the Contractor's performance of this this contract. This responsibility includes storage, transportation, handling, and disposing of hazardous materials, whether Government-furnished or Contractor-owned or rented equipment is involved in the operation. The Contractor shall clean up all spills or leaks in full accordance with the applicable environmental laws. The Contractor shall keep available at all times spill kits, consisting of 50 liters of absorbent material, broom, shovel, and 5 chemical resistant plastic bags (minimum 10 liter capacity). In the event that the Contractor is not responding to spill cleanup in a timely manner, the Army Environmental Office or the Army Fire Department will contact the appropriate spill response firms or agencies to clean the spill. The Contractor shall be liable for all associated costs.

e. The Contractor shall report all spills or accidental releases, regardless of quantity to the COR within one hour. The Contractor shall coordinate all cleanups with the DPW Environmental Office. The Contractor shall immediately contain, cleanup, and decontaminate all such spills or accidents, regardless of size, and correct all damages. Materials, such as adsorptive clay, hydrated lime, and sodium hypochlorite, shall be kept on hand for use in emergency detoxification of spills or leaks. No Government assistance shall be requested except in the case of a life or environmental endangering situation; in such case, the Contractor shall contact the US Fire Department (Hazardous Substance Spill Response Team). The Contractor shall pay for all recovery costs, labor, equipment, material, and supplies.

f. A written report, detailing the circumstances of the spill shall be provided to the COR after the initial notification. The report shall include the following information, item spilled, quantity spilled, date, time, and location of spill, initial actions taken, clean up and disposal procedures performed or planned. The Contractor shall provide the COR, within 10 calendar days after the initial notification, a final summary report.

g. The Contractor shall comply with German regulations concerning transportation of hazardous materials and regulations governing the identification, packing, labeling, and marking of hazardous materials for transportation. The Contractor shall comply with all Federal, State, and Municipal German requirements, including obtaining all necessary permits, licenses, and approvals for each shipment. All necessary labels and marking shall be affixed to all containers and vehicles prior to leaving U.S. Government premises.

h. The Contractor’s shall be transport and dispose of hazardous waste IAW German environmental. After each disposal, the Contractor shall submit documentation of disposal to the COR.

i. Hardwood flooring in Army Family Housing dwelling units may have polycyclic aromatic hydrocarbon (PAH) containing adhesives. The Contractor shall follow applicable host nation environmental and safety requirements (e.g. Instruction Manual for the Removal of PAH-Containing Adhesives for Wood Floors prepared by the Professional Associations of Building Industry “Berufsgenossenschaft der Bauwirtschaft”).

j. The Contractor shall comply with the provisions as prescribed by Host Nation and US laws and regulations.

If material containing asbestos is discovered, the Contractor shall immediately take all necessary precautionary measures to fully protect facility users, and Contractor personnel from injuries to health. The Contractor shall immediately report the location and extent of asbestos to the COR for determination and resolution. All findings of potentially hazardous asbestos material shall be documented and maintained on file. The Contract shall forward copies of all hazardous material records to the COR. The Contractor is not required to abate asbestos.

k. The Contractor shall clean up the projects area, including the stairwell if necessary, at the completion of the specific task, or at the close of each Contractor work day, whichever comes first, and dispose of all waste generated in the performance of this contract IAW current regulations and German laws. At no time shall the Contractor dispose of waste in Government dumpsters and trash receptacles. At the end of each work day, all cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or removed from work site. Upon completion of the work, all staging, scaffolding, containers, paints, and solvents shall be removed from work site. Paint spots or stains upon adjacent surfaces shall be removed and the entire job area left clean. Any spills of paints or solvents shall be reported to the COR and shall be cleaned up by the contractor immediately. The Contractor shall remove all contaminated earth and dispose of it IAW German Law. Paints or solvents shall be not be disposed of at the job site. The Contractor shall certify upon the completion of the contract that it has disposed of all contaminated earth, paints and solvents IAW the German Law. The Contractor agrees to defend the US Government in any action involving the wrongful disposal of the products used under this contract, to pay all costs associated with any proceedings brought for the wrongful disposal of the products provide herein and to indemnify the Government for any loss it may sustain as a result of the contractor’s failure to properly dispose of contaminated earth or paints or solvents.

l. The Contractor shall clean up repair, and restore areas affected by damage or repair and replacement work.

The Contractor shall restore the affected area to its appearance prior to damage and to match the original construction. For example, clean-up broken glass, vacuum or remove hot water tank leakage, remove over spray from paint, and restore grass. Split, crushed or deformed wood elements shall be replaced with new wood. After back filling all restoration of lawn areas shall be done with seed and maintained until grass is established. Items damaged due to Contractor's negligence or operations shall be repaired at no additional cost to the Government.

1.23 Required Training: The Contractor shall ensure that all Contractor personnel have obtained appropriate levels of training on the handling, use, storage, and disposal of hazardous materials (HM).

1.23.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within 30 calendar days after date of contract award, and within 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 sub-contractor employees. The Contractor shall submit certificates of completion of each Contractor employee and subcontractor employee to the COR within 10 calendar days after completion of this training. AT Level I awareness training is available at https://jkodirect.jten.mil.

Contractor personnel shall complete refresher training every 12 months 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 10 calendar days after completion of the training.

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 calendar days after date of contract award and within 30 calendar days after employment of new personnel. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel shall complete refresher training every 12 months. If training cannot be conducted on the website, the

Contractor shall coordinate with the COR who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within 10 calendar days after completion of the training.

1.23.3 iWATCH Training: RESERVED

1.23.4 Information Assurance (IA) Training: RESERVED

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 Definitions:

Contractor - A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

Contracting Officer - A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

Key Personnel - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

Physical Security - Actions that prevent the loss or damage of Government property.

Quality Assurance - The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

Subcontractor - One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

Work Week - Monday through Friday, unless specified otherwise.

PWS Definitions:

Debris: Leaves, grass cuttings, small tree and shrubbery limbs, construction waste, litter, and similar waste material this also includes exterior materials left behind by prior service members.

Defect: Each instance of non-compliance with a contract requirement.

Deficiency List: Report of deficiencies noted on an inspection.

De-thatching: Removal of dead grass, weeds and root systems from priority improved grounds areas.

Directorate of Public Works (DPW): The directorate with responsibility for maintenance of facilities and grounds.

Domestic hot water (DHW): Warmed potable water used for living quarters, laboratories, shop areas, schools, food service areas, medical facilities, and buildings with shower and bathtub facilities and kitchens.

Duplexes: One building containing two single family dwelling units.

Dwelling Unit: A complete single-family dwelling including supporting facilities, such as garage, maid's room, storage room, garbage can enclosure, patio, built-in barbecue, fences, clothes lines, stairs, balconies, entry ways, and stoops.

Equipment in Place: Includes equipment TDA (tables of distribution and allowances), JTA (joint table of allowances), and CTA (common table of allowances) movable nature which has been fixed in place or attached to real property and may be serviced or removed from buildings without destroying the usefulness of the structure.

Family Housing (Family Quarters): All quarters on real property inventory utilized by United States Forces…