Amendment W912CM-22-Q-0010-0001.pdf

0011742262

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:

a. Provide answ ers to questions;

b. Revise/clarify "Recency" in FAR 52.212-2 and Attachment 0001 Reference Information Sheet;

c. Add updated Technical Exhibit C Inventory List; and

d. Extend the date and time for receipt of quotes to 21 June 2022, 0900 hrs Central European Time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

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

16C. DATE SIGNED

BY 02-Jun-2022

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 W912CM22Q0010

X 9B. DATED (SEE ITEM 11)

25-May-2022

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

01-Jun-2022

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:

W912CM22Q0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

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 (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 prior to the time and date specified on page 1 (Standard Form 1449) in Block 8. The time for submission of quotes is Central European Time (CET), Wiesbaden, Germany local time. Late quotes will not be considered. It is the Offeror's responsibility to ensure quotes are received timely.

Courtesy Translation:

Anbieter sind verantwortlich, Angebote vor dem angegebenen Zeitpunkt von diesem Buero erhalten wurde.

2. Offerors shall submit quotes via email only. Submissions shall be sent to all email addresses listed below.

a. Joan Ahuja, Contract Specialist: joan.ahuja1.ln@army.mil (NOTE: Name, then number 1, ln = lima/November) and

b. Mr. Andrew Green, Contracting Officer: andrew.w.green17.civ@army.mil and

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

Subject of e-mail shall be “Submission of Quote W912CM-22-Q-0010”. Quotes that are sent in multiple emails shall be numbered to include the total number of emails sent.

NOTE: (1) The size restriction for attachments to emails on the US Government server is 8 MB.

(2) Failure to submit to all email addresses may result to your quote not being considered for award.

(3) Faxed and mailed quotes are not authorized and may be rejected.

(4) All quotes must be in English.

3. All questions or concerns the offeror may have shall be submitted in writing to all the email addresses listed above. Questions shall be submitted no later than 10 business days after issuance of solicitation. The applicable solicitation section or applicable specification paragraph shall be included in the questions. Answers to questions will be posted to betaSAM website at https://www.beta.sam.gov under the solicitation number. It is the Offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

4. INSTRUCTIONS FOR WRITTEN SUBMITTALS

4.1 The Government will award a single contract on a Lowest Price Technically Acceptable (LPTA) basis pursuant to the award evaluation criteria stated in FAR clause 52.212-2. The Government intends to award a contract without discussions. Therefore, offerors are cautioned to examine this solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects. In accordance with FAR provision 52.212-1(g), the offeror's initial quote should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer.

Quote Format and Content: Failure to submit the information requested below may result in the offeror’s quote being determined technically unacceptable. Each quote shall contain:

PRE-AWARD COMPLIANCE

a. An authorized official shall complete the SF1449 in blocks 12, 17a, 30a, 30b, and 30c.

b. Offerors shall complete FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items. With the exception of paragraphs (b) and (v), completion of the provision is not required if the offeror has an active SAM registration. Offerors with an active SAM registration shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website.

c. The offeror shall complete DFARS clause 252.229-7001 Tax Relief.

d. All amendments to the solicitation (if any amendments are issued), shall be acknowledged.

e. The offeror shal complete FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation.

f. Offeror shall complete Attachment 0002 W-14 Certificate of Foreign Contracting Party Receiving Federal Procurement Payments. See instructions at Attachment 0003 W-14 IRS Instructions.

The completion and submission to the Government of the below items will constitute the quote. 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. The Government reserves the right to permit Offerors to revise their quote if the Government thinks it is in its interest to do so.

Evaluation methodology for this procurement consists of the two (2) factors: Technical, and Price. The business goal of the contract is to purchase pest surveillance and control services.

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 technical, and price standpoints. 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.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your quote or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the quote or for preparation of negotiations.

4.2 Quote Format and Content: All text shall be single-spaced and 12-point Times New Roman font. This does not include copies of certificates. The Contractor shall number each page in order to eliminate any confusion. In the event that there is an ambiguity in the numbering of pages, the Government may exercise its own discretion in counting pages. Types of acceptable media are Word or PDF document compatible with MS Word 2016 or Adobe Reader 9. This solicitation utilizes streamlined acquisition procedures. Each quote shall contain:

Volume Title Page Limitations I a. Blocks 12, 17a, 30a, 30b, and 30c of SF 1449 completed by an authorized official of the firm.

b. FAR 52.212-3 ALT I Offeror Representations and

Certifications -- Commercial Items. Offerors registered in betaSAM need only complete paragraph b of the above clause, if applicable.

c. DFARS 252.229-7001 Tax Relief - ALTERNATE I.

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

e. Completed Attachment 0002 W-14 Certificate of

Foreign Contracting Party Receiving Federal Procurement Payments in accordance with the Attachment 0003 W-14 IRS Instructions.

No limitation

II Factor I - Technical

a. Subfactor A - Qualifications

b. Subfactor B – Written Confirmation

c. Subfactor C - Experience

No Limitation

III Factor II - Price to include complete the Schedule Supplies/Services for all contract line items (CLINs) 0001, 1001, 2001, 3001, 4001 and prices entered in Exhibit D Price Book.

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 are 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.

4.3 VOLUME I – Quote and Representations and Certifications:

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

c. DFARS 252.229-7001 Tax Relief - ALTERNATE I name of tax and rates shall be listed.

d. Submit acknowledgment of all Amendments to the solicitation (if any amendments are issued).

e. Complete Attachment 0002 W-14 Certificate of Foreign Contracting Party Receiving Federal Procurement

Payments in accordance with Attachment 0003 W-14 IRS Instructions.

4.4 Offerors shall be as specific and complete 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.

4.4.1 Volume II – Factor I - Technical:

Subfactor A – Qualifications: The Offeror shall provide the following documentation:

i. Company registration in Handwerkskammer (HWK); or in the Chamber of Commerce and industry “Industrie- und Handelskammer” (IHK)

ii. Certification of current DIN EN ISO 9001 Quality Management System and

iii. Contractor personnel working on site possess the following current certifications:

1) German journeyman certification/diploma as building cleaner that includes specific training on cleaning Kitchen Exhaust systems (Gebauedereiniger);

or

2) German Apprenticeship certification/diploma as an electrical engineer that includes specific training on cleaning kitchen exhaust and ventilation systems (Gesellenbrief Elektrotechnik).

Subfactor B - Written Confirmation: The Offeror shall provide a written confirmation (on the company’s letterhead), signed by an authorized representative, stating that the certified persons (as requested in Subfactor A) are actually employed by the company. The confirmation must contain the name of each certificate holder and the name or title of the certificate.

Subfactor C – Experience: The Offeror shall submit an individual Reference Information Sheet (Attachment 10) for a minimum of three (3) but no more than five (5) reference contracts with the U. S. Government or Private Industry that are recent and relevant, as defined below. All references shall describe experience in the area of maintenance and cleaning of kitchen exhaust systems that is similar or greater in scope, magnitude and complexity as the effort described in this solicitation. 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 three (3) years prior to the issue date of the solicitation.

“Relevant” is defined as similar to work contemplated under this Solicitation with respect to magnitude (at least EUR 50,000.00 per year), size, scope, and complexity.

4.4.2 VOLUME III – Factor II - Price

4.4.2.1 Offeror shall complete and submit the “Schedule of Supplies/Services” for contract line items 0001, 1001, 2001, 3001, 4001, and all Exhibit Line Items (ELINs) contained in the Price Book (Exhibit D). 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.

NOTE: PAST PERFORMANCE will be reviewed as part of the Government's determination of Contractor responsibility. The Offeror is not required to include any Past Performance information with their quote

Past performance information is an indicator of a Contractor's ability to perform the contract successfully. The Government will evaluate Contractors for past performance as a part of the Government's determination of Contractor responsibility for award.

Past performance review may be conducted on one or more of the following:

(a) Government’s knowledge of previous Contractor performance;

(b) Customer surveys, and Reference Information Sheets;

(c) The Government wide Past Performance Information Retrieval System (PPIRS), System Award Management (SAM), etc.;

or

(d) Any other basis that the Contracting Officer determines to be reasonable.

In the event of a Contractor without a record of recent and relevant past performance, or for whom information on past performance is not available, the Contractor will be determined responsible.

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 number 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.

PERFROMANCE WORK STATEMENT

Maintenance and Cleaning of Kitchen Exhaust System within USAG Wiesbaden, Germany

Part 1

General Information

1. General: This is a Performance Work Statement (PWS) for non-personal services maintenance and cleaning of exhaust systems services. 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: The Contractor shall provide maintenance and cleaning of the kitchen exhaust systems within United States Army Garrison (USAG) Wiesbaden.

1.2 Background: The USAG Wiesbaden must ensure that all installed kitchen exhaust systems, listed in the attached inventory list (Technical Exhibit C), are maintained, programmed, and repaired in accordance with (IAW) established life safety standards as specified herein.

1.3 Scope: The Contractor shall provide non-personal maintenance and cleaning services of kitchen exhaust systems listed on the attached inventory list (Technical Exhibit C). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform maintenance and cleaning of the kitchen exhaust systems within United States Army Garrison (USAG) Wiesbaden as defined in this PWS. The Contractor shall perform to the minimum standards set forth in the contract. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

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

1.5 General Information:

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

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

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

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc.

timelines, deadlines, and goals)?

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

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (If required under Paragraph

1.7 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

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

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

The Contractor’s proposed QCP shall be submitted to the Contracting Officer’s Representative (COR) for review within 10 work days after date of contract award (Deliverable A.001).

The COR will review and notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days. If the Government has provided comments, the Contractor shall address all comments and submit a final QCP within three (3) days. After receipt of the final QCP, the Contractor will receive the COR’s acceptance in writing. Any proposed changes to the accepted QCP shall be resubmitted for acceptance by the COR no later than no later than five (5) calendar days after the change occurs and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under the 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).

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

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

1.5.3.1 U.S. Holidays: Maintenance and Cleaning 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 Juneteenth Day June 19th 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

1.5.3.2 Host Nation Holidays: Maintenance and Cleaning shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

The German national and local holidays are:

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

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0715 to 1600, Monday through Friday accept U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours:

1.5.4.3 Contractor Support Hours: The Contractor shall provide support services between the hours of 0715 to 1600. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.3.1 Contractor Work Plan: RESERVED

1.5.5 Training Holidays: United States Army Europe (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.

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

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

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

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

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

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

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

Below is the responsible Organizational Sponsor & Installation Access Control Office for the contract:

Organizational Sponsor: USAG Wiesbaden, Clay Kaserne Location: Clay Kaserne Building No: 1557 DSN Phone No: 548-4079 Commercial Phone No: 0611-143 548 4079

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

1.6.3.1 In addition, the Contractor shall provide the COR an Initial Installation Pass Log within five (5) calendar days after contract award (Deliverable A.002). The log shall at a minimum contain the following information Last name, first name, nationality, date of birth, ID card number (Personalausweisnummer), Vehicle type and plate number. The log shall be updated as employees are added or removed. The updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log.

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

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

1.6.3.4 Common Access Cards (CAC): RESERVED.

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors. The Contractor shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office, and residence permits for local national installation passes and access rosters. The Contractor workforce shall comply with all personal identity verification requirements as directed by DoD, HQDA, and local policy. The Contractor may have to complete additional security training to comply with the security standards of the contract. In addition to the changes otherwise authorized by the changes clause of the 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.

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: Contractors employing local national and third country nationals shall submit to the COR a Polizeiliches Fuehrungszeugnis, issued within the previous four (4) months, no later than fourteen (14) calendar days after contract award (Deliverable A.003). Forwarding correspondence from the Contractors shall identify the associated contract number. The IACS will determine the favorability of the “Polizeiliches Fuehrungszeugnis” and the COR will notify the Contractor of the findings.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan (Deliverable A.001). Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

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

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

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

1.10.1 Special Qualifications: The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, shall be provided in writing to the Contracting Officer and the COR no later than during the post-award meeting (Deliverable A.004) and whenever changes occur. The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of the contract. The Contract Manager or Alternate Contract Manager shall be available between 7:30 to 16:00 on working days by telephone.

Qualifications for all key personnel are listed below: Contract manager or alternate performing services hereunder shall possess at least the following minimum certifications (Deliverable A.005):

a. Certification as building cleaner (unaltered German version of journeyman (Gebauedereiniger)) with specific training from the manufacturers (Berbel, Falmec, Homeier, Oranier, Novy and ELICA) and in compliance with the applicable accident, safety and fire protection regulations, food regulations (LMHV) as well as with the applicable (German DIN) Deutsche Industrie Norm, (VDE) Verband der Elektrotechnik Elektronik Informationstechnik/ (VDI 6022)Verein Deutscher Ingenieure, Deutscher Verein des Gas- und Wasserfaches, (DVGW) regulations.

or

b. Apprenticeship diploma electrical engineering (unaltered German version ‘Gesellenbrief Elektrotechnik’) including work certificates or advanced training or technical expert in cleaning of kitchen hoods and their recurring maintenance of ventilation systems.

or

c. Apprenticeship diploma mechanical engineering (unaltered German version “Gesellenbrief Mechanik”) including work certificates or advanced training or technical expert in cleaning of kitchen hoods and their recurring maintenance of ventilation systems.

or

d. Apprenticeship diploma mechanical engineering (unaltered German version “Gesellenbrief Service-Monteur Lüftung / Klima”) including work certificates or advanced training or technical expert in cleaning of kitchen hoods and their recurring maintenance of ventilation systems.

1.10.2 Company Special Qualifications: The Contractor shall be registered Handwerkskammer (HWK) or in the Chamber of Commerce and industry “Industrie- und Handelskammer” (IHK) (Deliverable A.006).

The Contractor shall provide fully qualified and trained personnel, capable of cleaning, maintaining kitchen exhaust systems in accordance with US Government Regulations, DIN ISO 9001, DIN Standards, VDE-VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and Industry standards, to provide services hereunder.

1.10.3 Special Qualifications of Company Personnel:

The Contractor personnel working under this contract shall have one of the following certifications (Deliverable A.007):

1) German journeyman certification/diploma as building cleaner with specific training on cleaning Kitchen Exhaust systems (Gebauedereiniger);

or

2) German Apprenticeship certification/diploma as an electrical engineer with specific training on cleaning kitchen exhaust and ventilation systems (Gesellenbrief Elektrotechnik).

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.11.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.) The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the Contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the COR prior to the contract performance date and updated as needed to reflect Contractor personnel changes (Deliverable A.008).

1.12 Contractor Travel: RESERVED

1.13 Other Direct Costs (ODCs): RESERVED

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

1.15 Non-Disclosure Requirements: Performance under the contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.16 Non-Disclosure Statements: RESERVED

1.17 Organizational Conflict of Interest (OCI): 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.

1.18 Phase In /Phase Out Period: RESERVED

1.19 Safety: The following provides information pertaining to Safety and Accident Prevention

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

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1- 1; will be reviewed for acceptance by designated Government personnel (Deliverable A.009). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-

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

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

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

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

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

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

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

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

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) The Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or…