W912CM24Q0005 - P00005.pdf

0011920951

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 post the Question and Answ er that w ere asked during the site visit. As a result, Attachment 4 w as added to answ er the questions.

As a result, the follow ing Attachment w as updated Exhibit A_Invent. POL- Without_unit_Prices New Version April 23,2024, Exhibit B_Mud Traps New Version April 23, 2024, Exhibit C_Basins and Drains New Version April 23,2024, Exhibit D_Grease Separators and Septic Tanks New Version April 23,2024 and Attachment 2 – Price Book New Version April 23,2024

As a result, the closing Date w as extended until 30 April, 2024 10:00 am (CET)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 23-Apr-2024

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 W912CM24Q0005

X 9B. DATED (SEE ITEM 11)

06-Mar-2024

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

23-Apr-2024

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:

W912CM24Q0005

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 25-Apr-2024 10:00 AM to 30-Apr-2024 10:00 AM.

The following have been modified:

ADDENDUM TO FAR 52.212-1

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 no later than the date and time in Block 8 on page 1 of the Standard Form 1449. 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 timely.

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

1. Sebastian Gotzmer, Sebastian.Gotzmer.LN@army.mil

2. Andrew W. Green, andrew.w.green17.civ@army.mil

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

Subject of e-mail shall be “Submission of Quote W912CM24Q0005”. The stated time for receipt of quotes is in CET, Central European Time, Wiesbaden, Germany local time.

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.

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

Para (h) Multiple Award. This is amended as to state that only one (1) award will be made from this solicitation.

3. Questions shall be submitted to all email addresses above. Subject of email shall be “Questions W912CM24Q0005”. The Government requests that you submit questions as soon as possible, but no later 10:00 AM, 22 April 2024. Questions received after this date and time, may 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 SAM.gov website at https://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. Data previously submitted, 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 It is the Government’s intention to award without discussions per FAR 52.212-1(g). Offeror is 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. The Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to clarify quotes if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

5.2 Detailed Quote Instructions: This paragraph provides detailed instructions for preparing the offer.

Quote Format and Content: This solicitation utilizes streamlined acquisition procedures. Quotes will be evaluated by the Government based on the evaluation criteria stated in FAR 52.212-2 of this solicitation.

5.2.1 Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each original volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header or footer. Page size shall be 8.5 x 11 inches. Pages shall be single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point. Use 1-inch margins on all sides of each page. Pages shall be numbered sequentially by volume. Page limitations apply in accordance with Table 1 below.

Table 1

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 (if required):

a. Completed FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Nov 2023)

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

N/A

II

Factor I - Technical to include:

Subfactor A: Company Qualifications Subfactor B: Technical Experience (Reference Information Sheet – Attachment 3)

Maximum total 15 pages Cover pages and indexes are not included in the page count.

III

Factor II - Price

a. Completed copy of Attachment 2 – Price Book New Version

April 23,2024

b. Completed SF1449 Schedule Supplies/Services with prices filled-in for contract line items (CLINs) 0001, 0002, 0003, 0004, 0006, 1001, 1002, 1003, 1004, 1006, 2001, 2002, 2003, 2004, and 2006. Government will insert a not-to-exceed amount for CLIN's 0005, 1005 and 2005 at the time of award.

Do not price CLINs 0005, 1005 and 2005.

N/A

"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."

5.2.2 Content Requirements: All information shall be confined to the appropriate volume. The Government will not consider information found in other volumes. Offeror shall confine submissions to essential matters, sufficient to define the Quote and provide adequate basis for evaluation. Offeror 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.

5.2.3 Compliance with all the Submission Requirements: Incomplete submission, including those that failed to provide required material information, may be excluded from further evaluation. The Government may also determine a quote unacceptable if the offeror takes any exceptions to the terms and conditions of the RFP or imposes conditions.

5.3 VOLUME I – Offer and Representations and Certifications:

5.3.1 An authorized official of the firm shall complete the SF 1449 in blocks 12, 17a, 30a, 30b and 30c.

5.3.2 The offeror shall complete FAR 52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (NOV 2023). Offerors registered in SAM need only complete paragraph b of the above clause, if applicable.

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

5.3.4 The completion and submission to the Government of the below items will constitute the offer. 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 which will make the quote unacceptable to the Government.

5.3.5 Any deficiency in an offer will render the offer unacceptable. The Government reserves the right to permit Offeror to revise their quote if the Government thinks it is in its interest to do so.

5.4 VOLUME II - TECHNICAL

5.4.1 The technical volume shall not exceed 15 pages single-spaced. Cover pages and indexes are not included in the page count. The PWS describes the services that will be acquired through this solicitation.

5.4.2 The technical volume shall consist of:

Subfactor A - Company Qualifications: The Offeror shall provide

a. The Contractor shall demonstrate the capability to provide fully qualified and trained personnel, capable of cleaning, maintaining, and repairing POL separator systems, water retention basins, and water plants in compliance with US Government Regulations, DIN Standards, VDE, - VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”. All technicians performing services shall have at least three (3) years of working experience emptying and cleaning of grease and starch separators and septic tanks and disposal of contents. The offer shall provide a resume of at least one individual meeting these standards and confirm that the individual is currently employed by the company or provide a letter of commitment.

b. The Contractor shall be enlisted in the German IHK, or a similar organization, to ensure certification of transportation of hazardous wastes.

c. The Contractor shall provide Tuev inspection […] through an external qualified person Fachkundige (TUEV) or any other organization who has the certificate of Fachkunde (5 Jahres Pruefung nach DIN-EN 1825 1&2, 4040-100, 1610, 1986-30).”

d. The Contractor shall be certified as “Entsorgungsfachbetrieb” by German-Water-Law: WHG

e. The Contractor shall have certification of RAL-GZ

f. Evidence that the Company maintains water pollution liability insurance in accordance with the host nation water conservation law. The Contractor shall be liable for all damages, pollution, or harm to Government buildings, facilities, grounds, or personnel resulting from the performance of work under this contract. The Contractor shall maintain liability insurance in the following minimum amounts: For harm to persons: €2,000,000 Euro.

Subfactor B - Technical Experience: The Offeror shall submit

The Offer shall submit an individual Reference Information Sheet (Attachment 2) for three (3) reference contracts that are recent and relevant as defined below, that clearly demonstrates that the Offeror provided services relevant and recent to those required in the PWS of subject solicitation. All references shall describe experience in the primary areas of emptying, cleaning, inspection, repairing, transportation, and residual disposal of substances for Multiple Separator Systems. The Government may contact references to verify the accuracy of the information provided by the Offeror. The form is included in the solicitation.

“Recent” experience is considered as the efforts that are completed or ongoing during the past five (5) years.

“Relevant” experience means similarity to the work contemplated under this solicitation’s PWS in terms of complexity, scope, type of work, and magnitude (minimum of Euro 100,000.00 per contract 4. Magnitude threshold of EUR 100,000.00 is an aggregate of up to three (3) Reference Information Sheets). The Government is not bound by an Offeror's opinion of the relevance of its organizational experience.

5.5. VOLUME III – PRICE

5.5.1 Offerors shall utilize the Attachment 2 – Price Book New Version April 23,2024 to calculate pricing for each CLIN. In Attachment 2, the Offeror shall fill in the green-highlighted cells on each worksheet, and all other amounts will be automatically calculated. The Offeror will submit a completed copy of Price Book Attachment 1 with its Quote. Do not lock or protect the excel worksheet or submit them in pdf. It is not the Government’s intent to change any, entries, but to assist in calculations Offeror shall complete and submit the “Schedule of Supplies/Services” including the Grand Total Amount for contract line items (CLINs) 0001, 0002, 0003, 0004, 0006, 1001, 1002, 1003, 1004, 1006, 2001, 2002, 2003, 2004 and 2006. Do not price CLINs 0005, 1005 and 2005. The Government will insert a not-to-exceed amount for CLIN's 0005, 1005 and 2005 at the time of award.

(End of Addendum)

PWS

PERFORMANCE WORK STATEMENT (PWS)

Preventive Maintenance and Repair of Multiple Separator Systems within United States Army Garrison (USAG) Wiesbaden, Germany

06/22/2023

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) 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 service(s) contract to provide emptying, cleaning, inspection, repairing, transportation, and residual disposal of substances for Multiple Separator Systems within USAG Wiesbaden.

1.2 Background: The USAG Wiesbaden must ensure that the POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks listed in Exhibits A–E obtain the required emptying, cleaning, and maintenance to comply with host nation regulations, established commercial practices, and the performance standards as specified within this PWS.

1.3 Scope: The Contractor shall provide non-personal service(s). The Contractor shall assume total responsibility for all requirements stated within this PWS, on the commencement date of the performance period. The Contractor shall perform as specified in this contract and under the direction of the Contracting Officer (KO). Services include emptying, cleaning, inspection, and repairing of POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks. In addition to these services, the Contractor is responsible for responding to on demand service requests as well as transportation and disposal of residue, as described within this PWS.

1.4 Objectives: The Contractor shall perform all related administrative actions required to provide services including material requisitioning, quality control (QC), attend meetings, and prepare correspondence. The Contractor shall maintain accurate and complete records, files, and have access to libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports. The Contractor shall ensure emptying, cleaning, inspection and maintenance of POL separators, mud traps, oil tanks, drains and rain water retention basins, water treatment plants, grease separators, potato starch separators, and septic tanks are performed IAW host nation regulations to maintain operational effectiveness. The Contractor shall ensure proper transportation and disposal of residues IAW host nation regulations.

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 (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.

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

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have five (5) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

timelines, deadlines, and goals)?

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

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

e. How will the Contractor ensure all keys issued will remain controlled items (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 five (5) years?

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty (30) days upon completion of each option period or Task Order (Deliverable #1).

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within eight (8) hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days.

(Deliverable #1).

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. 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: 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 Juneteenth 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: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. German national and local holidays are:

New Year’s Day January 1st Good Friday Varies yearly Easter Monday Varies yearly Labor Day May 1st Ascension Day Varies yearly Whit Monday Varies yearly Corpus Christ Varies yearly Day of German Unity October 3rd 1st Christmas December 25th 2nd Christmas December 26th

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 07:15 to 16:00, Monday through Friday except 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: The Government facility operating hours occur between the hours of 07:15 to 16:00, Monday through Friday. The Government facility is open for operations during the recognized U.S.

Holidays identified in the paragraph 1.6.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Offer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 07:15 to 16:00, Monday through Friday. However, the Contractor may be required to provide On Demand services on holidays, as coordinated with the COR Paragraph 5.2.3. 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: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within thirty (30) days after date of contract award (Deliverable #2). The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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

1.5.6 Place of Performance: The work to be performed under this contract will be performed at various locations throughout the USAG Wiesbaden footprint in accordance with the Exhibit A-E.

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 this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

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

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

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

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

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within thirty (30) days after contract award (Deliverable #3). The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable #3).

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 three (3) days (Deliverable #3).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) days (Deliverable #3).

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

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within five (5) days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #4). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within five (5) days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #4). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than five (5) days after contract award (Deliverable #4). Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within days of receipt, identifying such with the appropriate contract number.

Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S.

Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

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: RESERVED

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: Contract Manager and Alternate Contract Manager. 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, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than ten (10) days after contract award (Deliverable #5). The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 07:30 to 16:00, Monday through Friday. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager:

1) The Contract Manager, Alternate, and Contractor’s personnel performing technical services under this contract shall read, write and speak English fluently enough to communicate with Government personnel, accurately record data, and perform required work IAW English language documentation and publications used by the Government and its suppliers and as specified in this PWS.

2) The Contractor shall provide fully qualified and trained personnel, capable of cleaning, maintaining and repairing POL separator systems, water retention basins, and water plants in compliance with US Government Regulations, DIN Standards, VDE, - VDI Richtlinien, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”. All technicians performing services shall have at least three (3) years of working experience emptying and cleaning of grease and starch separators and septic tanks and disposal of contents.

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.

1.12.1 RESERVED

1.12.2 RESERVED

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract.

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

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

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 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 (Deliverable #6). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. 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 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: The Contractor shall comply with all traffic and workplace safety regulations and is responsible for the appropriate securing of all work places. Regulations regarding the securing of work places near roads shall be complied with (RAS 1995, MVAS 1990). The Contractor shall install all necessary barriers and signage for traffic regulation and protection of personnel when performing near roads. The Contractor shall comply with all Accident Prevention Regulations. The Contractor shall comply with all laws and regulations applicable to work safety. Cleaning work shall be performed only in consideration of the Accident Prevention Regulations. All Contractor personnel performing services shall wear individual protective equipment. All maintenance services outlined herein shall be performed in accordance with the manufacturer’s handbooks and directives as well as all applicable safety regulations. The Contractor shall independently obtain copies of all standards and applicable regulations and ensure that personnel are also apprised of all standards and regulations. Smoking in buildings of the U.S. Forces is prohibited. Smoking is only permitted area outside of buildings in designated smoking areas.

1.21.1 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 #6). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

(d) The Contractor shall discuss the plans in conferences convened by the 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.

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

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical Quote, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. 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 thirty (30) working days and more than twenty (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) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, 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 near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) days that such notifications were made (Deliverable #7).

1.21.1.3 RESERVED

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

1.22.1 Environmental Compliance Plan and Program: RESERVED

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

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days (Deliverable #8) after contract start date or effective date of incorporation of this requirement into the contract,…