W912CM-20-Q-0004_RFQ_Amendment0001.pdf

0011490005

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

See the attached document entitled "RFQ W912CM-20-Q-0004 Solicitation Questions and Answ ers Amendment 0001 Changes Log, 22 Jul 2020" for a full list of changes made via Amendment 0001.

As a result of this Amendment, the due date for quotations to extended to 21 August 2020; 10:00 AM local Germany time.

IMPORTANT: Offerors are reminded that they must acknow ledge this Amendment by returning one (1) copy of it w ith their quotation.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

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

16C. DATE SIGNED

BY 22-Jul-2020

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 W912CM20Q0004

X 9B. DATED (SEE ITEM 11)

01-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

22-Jul-2020

CODE

RCO WIESBADEN

KO DIRECTORATE OF CONTRACTING

CMR 410, BOX 741

09096 APO

UNITED STATES

W912CM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CM20Q0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-Aug-2020 10:00 AM to 21-Aug-2020 10:00 AM.

The following have been modified:

ADDENDUM TO FAR 52.212-1

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph being revised.

Para (a) North American Industry Classification System (NAICS) code and small business size standard does not apply to this solicitation.

"Para (c) Period for acceptance of offers", is hereby revised as follows: "The Offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of offers."

Para (b) Submission of Quotes and Para. (f) Late Submissions, Modifications, Revisions, and Withdrawals of Quotes are hereby revised to include:

1. Quotes shall be received no later than the date and time in Block 8 on page 1 of the Standard Form 1449. The time for submission of quotes is Central European Time (CET), Wiesbaden, Germany local time. Quotes received after this date and time are "late" and may not be considered for award. It is the Offeror’s responsibility to ensure quotes are received in a timely manner.

2. Offeror shall submit quotes via email only. Submission shall be emailed to all of the following email addresses:

1. JoAnn Theodore, email: joann.theodore.civ@mail.mil

2. Devin Hollenbaugh, email: devin.g.hollenbaugh.civ@mail.mil

3. RCOW Email Bid Box at usarmy.rheinland-pfalz.409-contr-spt-bde.mbx.rco-wie-bids@mail.mil

Subject of e-mail shall be “Submission of Quote W912CM20Q0004”. All quotes must be in English. Quotes that are sent in multiple emails shall be numbered to include the total number of emails sent.

NOTE: The size restriction for attachments to emails on the US Government server is 8 MB. If email, including attachments, exceeds 8 MB, offers shall be submitted via multiple emails with a clear identification: e.g., "Email 1 of 2”, "Email 2 of 2”, etc.

Failure to submit offer to ALL email addresses above may result in an offer NOT being considered for award.

Faxed and mailed offers are not authorized and may be rejected.

3. All questions or concerns the offeror may have shall be submitted to all email addresses above. The subject of the email shall be “Questions W912CM-20-Q-0004”. The Government requests that you submit questions as soon as possible, but no later 10:00 AM, 10 business days prior to closing of the solicitation. Questions received after this date and time, will not be answered by the Government. Questions shall annotate a reference to the specific part of the solicitation (for example, page number and paragraph number) to which they pertain. Answers to questions will be posted to the betaSAM website at https://www.beta.sam.gov under the solicitation number. It is the Offeror's responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

4. Proposal/quote data previously submitted to the Government office, if any, will not be used in the evaluation of your response to this solicitation. Previously submitted data shall not, therefore, be included in your quote "by reference."

5. INSTRUCTIONS FOR WRITTEN SUBMITTALS:

5.1 The Government will award a single contract to the overall best value quote submitted by a responsible Offeror that is determined to be the most beneficial to the Government, using the lowest price technically acceptable evaluation process. Evaluation methodology for this procurement consists of two (2) factors: Technical and Price.

The Government will also perform a review of the Offeror’s past performance record as part of the Government’s determination of Contractor responsibility in accordance with FAR 9.1, however, Offerors are not required to submit past performance data in their quote to support this review.

The Government intends to evaluate quotes and award a contract without discussions with Offerors. Therefore, the Offeror's initial quote should contain the Offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government reserves the right to consider as acceptable only those quotes submitted in accordance with all requirements set forth or referenced in this solicitation and that demonstrate an understanding of the scope of the requirement. The Government may reject any or all quotes if such action is in the public interest; and waive informalities and minor irregularities in quotes received. The Government reserves the right to permit Offerors to revise their quote if the Government thinks it is in its interest to do so.

5.2 Quote Format and Content: All text shall be single-spaced and 12-point Times New Roman font. Types of acceptable media are Word or PDF document compatible with MS Word 2016 or Adobe Reader 9. Each quote shall contain:

Volume Title Page Limitation I

1. “SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS” shall be completed and signed by an official authorized to bind the Offeror. Acknowledge ALL Amendments, if any.

2. Representations and Certifications:

a. Completed FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (MAR 2020)

b. DFARS 252.229-7001, TAX RELIEF - ALTERNATE I (APR 2020)

Note: Offerors with active registration in SAM need only to complete paragraph b of 52.212-3, if applicable.

No Limitation

II

Factor I – Technical Experience – Individual Reference Sheet (Attachment 3)

3 Pages.

III

Factor II - Price – Price Book (Exhibit A), complete the “Schedule of Services” for contract line items (CLINs) 0001, 0002, 1001, 1002, 2001, 2001, 3001, 3002, 4001, 4002, 7500, 7501, 7502, 7503, and 7504.

No Limitation

(i) All information shall be confined to the appropriate volume. The Government will not consider information found in other volumes. Offerors shall confine submissions to essential matters, sufficient to define the quote and provide adequate basis for evaluation. Offerors is responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their quote. Proprietary information shall be clearly marked.

(ii) Certifications and Representations - Each Offeror shall complete (fill-in and sign) the solicitation sections indicated below using the document (without modification to the document) provided with the solicitation.

(iii) Compliance with all Submission Requirements: Incomplete submissions, including those that failed to provide required material information, may be excluded from further evaluation.

5.3 VOLUME I – QUOTE AND REPRESENTATIONS AND CERTIFICATIONS:

5.3.1 The Offeror shall complete:

a. Blocks 12, 17a, 30a, 30b, and 30c of SF 1449 shall be completed by an authorized official of the firm.

b. FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (MAR 2020).

Offerors registered in SAM need only complete paragraph b of the above clause, if applicable.

c. DFARS 252.229-7001 Tax Relief - ALTERNATE I (APR 2020)

5.3.2 Acknowledgment of all Amendments to the solicitation (if any amendments are issued).

5.3.3 The quote shall communicate the Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’s imposition of additional conditions or any material omission in its quote may constitute a deficiency that will make the quote unacceptable to the Government.

5.4 VOLUME II – FACTOR I - TECHNICAL EXPERIENCE

5.4.1 Offerors shall be as specific and complete as to clearly demonstrate to the Government the Offeror’s understanding and capabilities to perform all aspects of the solicitation requirements. Quotes shall be clear, concise, and include sufficient details for effective evaluation and for substantiating the validity of stated claims.

The PWS describes the services that will be acquired through this solicitation. Offerors shall meet the performance standards outlined in the PWS.

5.4.2 The Offeror shall submit a minimum of three (3), but no more than five (5), Reference Information Sheets (Attachment 3) for three (3), but no more than five (5), reference contracts that are recent and relevant, as defined below. Sheets submitted in accordance with Attachment 3 are limited to 3 pages per reference. All references shall provide a description of the work performed which demonstrates experience in the primary tasks of providing rental, cleaning, and exchange of floor mats. Additionally, Offerors shall include an explanation of any performance problems or other conflicts with the customer and describe any litigation (pending, on-going, or completed). The Offeror shall ensure the contact and contract information contained in each Reference Information Sheet is accurate. The Government may contact references to verify the accuracy of the information provided.

“Recent” is defined as the efforts that are completed or ongoing during the past five (5) years prior to the issue date of the solicitation.

“Relevant” is defined as similarity to work contemplated under this solicitation with respect to complexity, length of performance, scope, type of work, and value. The value for each reference sheet submitted shall be a minimum of €50,000.00.

5.5. VOLUME III - FACTOR II - PRICE

5.5.1 Utilizing the spreadsheet at Exhibit A, Price Book, the Offeror shall complete and submit the “Schedule of Services” for CLINs 0001, 0002, 1001, 1002, 2001, 2001, 3001, 3002, 4001, 4002, 7500, 7501, 7502, 7503, and 7504. Do not lock or protect the excel worksheets or submit them in pdf format. It is not the Government’s intent to change any entries, but to assist in calculations.

5.5.2 As part of its quote, the Offeror shall provide the total cost (if any) incurred to comply with the System for Award Management (SAM) Service Contract Report (SCR) requirement. Offeror will determine, in Section B Schedule of Supplies-Services, CLINs 7500, 7501, 7502, 7503, and 7504 whether to price or not-separately-price (NSP) the SCR requirement. If the Offeror intends to report this data at no additional costs to the Government, the Offeror shall indicate "NSP" in the space provided in Section B Schedule of Supplies-Services for the SCR CLIN.

No entry will be considered "NSP" and $0.00 will be used for evaluation purposes.

Para (d) Product Samples. This paragraph does not apply.

Para (h) Multiple Awards. This is amended as to state that only one award will be made from this solicitation.

Para (i) Availability of Requirements document cited in the solicitation. This paragraph does not apply to this Solicitation.

The following is hereby added:

Para (m) System for Award Management (SAM).

It is required under FAR 4.1102 "Policy" that Prospective contractors shall be registered in System for Award Management (SAM) database prior to award of a contract or agreement. To get registered in SAM you need:

(1) DUNS & Bradstreet (D&B) number and (2) NATO Cage Code (NCAGE) number.

(2) For the DUNS number enter the website http:/www.upik.de/upik_anfrage.cgi and complete the application form.

D&B Support Tel.: +49 (61 51) 13 75-7 77, Email: kundenservice@dnbgermany.de

(3) For the NCAGE send an email request with your name, address and telephone number (shall be the same name and address like you registered your DUNS number) to Email: ncbge-ncage@bundeswehr.org NCAGE Support Tel.: 02241-: 02241-991-643 or 422 or 440.

(4) When you have the DUNS# and NCAGE you have to establish a user account in the System for Award Management (SAM) website https://www.sam.gov/portal/public/SAM/ under “create user account” and you will receive a confirmation email. After establishment of your user account in SAM you have to complete your registration in SAM.

(End of Addendum)

PERFORMANCE WORK STATEMENT

Rental & Cleaning and Exchange of Floor Mats at USAG Wiesbaden

Part 1 General Information

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

1.1 Description of services/Introduction: This is a non-personal services contract to provide Rental, Cleaning and Exchange of Floor Mats. 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: In response to a decrease in custodial services in recent years, the use of floor mats at Government building entrances is required to avoid soil and dirt carrying into buildings throughout US Army Garrison Wiesbaden (USAG-W).

1.3. Scope: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, and tolerances specified in the PWS or in applicable referenced documents.

1.3.1 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable List presented in this PWS.

1.4 Objectives: Performance consists of rental- cleaning and exchanging the building entrance floor mats on a regular basis at the frequencies stated in paragraph 5.1.5 and locations designated in Technical Exhibit 2.

1.5 Functional Areas: The functional areas are throughout the USAG Wiesbaden as specified in paragraph 1.6.1.

1.6 Period of Performance: The Period of Performance (PoP) is one (1) 12-month base year and four (4) 12-month Option years.

1.6.1 Place of Performance: The work to be performed under this contract will be performed at the following Government facilities:

- Wiesbaden-Erbenheim, Clay Kaserne

- Mainz-Kastel Storage Station, Ludwig-Wolker-Str.

- AEC Amelia-Earhart-Center, Konrad-Adenauer-Ring 39, Wiesbaden

- McCully Barracks, Oberolmerstrasse, Wackernheim

- Mainz-Kastel Housing Area, Wiesbadener Strasse, Mainz-Kastel

- Hainerberg Housing Area, Wiesbaden, Dagger Darmstadt, Aukamm Housing Area

1.6.2 Type of Contract: The Government will award a Firm-Fixed Price (FFP) Purchase Order contract.

1.7 Management and Administration: RESERVED

1.7.1 Phase In /Phase Out Period: RESERVED

1.7.2 Contractor Management: The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Contract Manager physically present on-site or available by phone during normal duty hours. The Contract Manager shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the PWS. At the Post Award conference, the Contractor shall submit to the COR, in writing, the name, title, office, and mobile telephone number of the Contract Manager. A Contractor employee shall be designated to act for the Contract Manager --during duty hours, in case of -Contract Manager’s absence. Both the Contract Manager and the Contractor employee filling in for the Contract Manager (Alternate), shall have full authority to act for the Contractor on all Contract matters relating to daily operation of this Contract.

1.7.3 Contractor Responsiveness: The Contract Manager or designated alternate shall be available for telephone communication or site attendance, with the COR, as required by the COR, 07:30-16:00, Monday thru Friday.

The Contract Manager and any individuals designated to act in that capacity shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the PWS.

1.7.4 Meetings, Conferences, and Briefings: 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 at no additional costs to the Government. 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.

1.7.5 Operating Hours: RESERVED

1.7.5.1 Contractor Support Hours: The Contractor is responsible for conducting services between the hours of 07:30 – 1600 Central European Time (CET), Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7.5.2 Contractor Work Plan: RESERVED

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

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

1.7.6.1 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

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

1.7.6.3 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

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

As a minimum, the QCP must include the following to be acceptable:

i. 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.

ii. How the Contractor will monitor the timeliness of the work to ensure that the work performed complies with all deadlines and goals.

iii. How the Contractor will monitor or measure quality performance against established standards or specifications to ensure that the work performed complies with all specifications and requirements of the contract.

iv. How the Contractor intends to deliver quality services to ensure customer satisfaction throughout the life of the contract.

v. Analysis of quality control and timeliness reports shall be submitted to the COR on the first Monday of every month.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 10 days after date of contract award. The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days.

If the Government has provided comments, the Contractor shall then have three (3) 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 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes.

1.8.1 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

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

1.9.1 Security Program: The Contractor’s employees and all associated subcontractor employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative).

1.9.2 Personnel Security Clearance Requirements: RESERVED

1.9.3 Installation Access: The Contractor shall provide an installation pass log to the COR within five (5) 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 or termination or cancellation of this contract, the Contractor shall collect the installation access passes the same day employment of an individual has expired or been terminated and 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.aepubs.eur.army.mil/AE-Regulations

(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: 548-4063 Commercial Phone No: 0611-143 548 4063

Installation Access Control Office:

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

1.9.4 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.

1.9.5 Physical Security: RESERVED

1.9.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. 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.

1.10 Key Control: RESERVED

1.11 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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

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

1.13 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager and Alternate Contract Manager. The Contractor shall provide a Contract Manager and Alternate who shall be responsible for the performance of the work. Their names shall be designated in writing to the COR no later than (NLT) five (5) days after contract award. The Contract Manager and Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available between 07:30 – 16:00, Monday through Friday except Federal holidays or when the Government facility is closed.

1.13.1 Special Qualifications: RESERVED

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

1.15 Contractor Travel: RESERVED

1.16 Other Direct Costs: RESERVED

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

1.18 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 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 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.

1.18.1 Non-Disclosure Statements: RESERVED

1.19 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.

1.20 Safety: RESERVED

1.20.1 Safety Plan and Program: RESERVED

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

1.21.1 Environmental Compliance Plan and Program: 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 in accordance with 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 and substances, the Contractor shall, prior to mobilization, inform the 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 COR will 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 in accordance with Final Governing Standards Germany and applicable German environmental laws and 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 and 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 Required Training: The following provides information on 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 30 calendar days after contract start date, and 30 calendar days after employment of new personnel. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR within 10 calendar days after completion of this training by all employees and subcontractor personnel (Attachment 2, Deliverables). AT Level I Awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every 12 months

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

1.22.2 OPSEC Training: All Contractor employees, including subcontractor employees, who are employed under the contract shall complete Level I OPSEC training within 30 calendar days after contract start date, and 30 calendar days after employment of new personnel. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR within 10 calendar days after completion of this training by all employees and subcontractor personnel. 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.

1.22.3 iWATCH Training: All Contractor employees, including subcontractor employees, who are employed under the contract shall be briefed by the Contractor on the local iWATCH program (training standards provided by the requiring activity ATO) within 30 calendar days after contract start date, and 30 calendar days after employment of new personnel. 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. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR within 10 calendar days after completion of this training by all employees and subcontractor personnel.

1.22.4 Information Assurance (IA) Training: RESERVED

1.23 Authorization to Perform Services in Germany: 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.

1.23.1 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.

1.23.2 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: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.

installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions And Acronyms:

2.1 Definitions:

Contractor - A Contractor 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.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System BLDG Building CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services

3.1 Services: The Government will provide AT Level I Awareness training, available online at -https://jkodirect.jten.mil

3.2 Facilities: RESERVED

3.3 Utilities: RESERVED

3.4 Equipment: RESERVED

3.5 Materials: RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform…