PWS Elevators DRAFT.pdf

DRAFT

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair (M&R) of Passenger and Freight Elevators, Small Freight Elevators and Handicapped Stair Lifts within USAG Wiesbaden

07/17/2024

Part 1

General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide maintenance services consisting of all required system inspections, repair and, if needed, replacement of equipment listed on the attached inventory lists (Attachment 2).

1.2 Background: The Contractor shall ensure that all the mechanical and electrical equipment (fixed or freestanding) listed in the attachments is maintained or repaired in accordance with established commercial standards and the performance standards and life safety standards as specified herein.

The Contractor shall conduct maintenance, TUEV inspections, and repair of the equipment listed on the attached inventory list (Attachment 2). 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. The service includes all required preventive maintenance, on-demand repair services, repair parts, materials and labeling for elevators installed within the United State Army Garrison (USAG) Wiesbaden area of operations. These duties also include work on connected systems and switches.

The Contractor shall comply with existing applicable laws and regulations for equipment (e.g. DIN (Deutsches Institut fuer Normung), VDE (Verband der Elektrotechnik Elektronik Informationstechnik e.V.), VDMA (Verband deutscher Maschinen und Anlagenbau), DIN EN 81/DIN EN 13015 Elevators), environmental laws and accepted commercial standards and practices, as well as manufacturers requirements.

The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, reporting, and transportation necessary to perform preventive maintenance, TUEV inspections, repairs and on-demand repairs on the equipment listed on the inventory list (Attachment 2).

Performance Work Statement:

M&R - Passenger and Freight Elevators

During this contract’s period of performance, USAG Wiesbaden may experience realignments or other changes to its operational footprint that may include acquiring additional real property, constructing new buildings, or removing buildings and other property from its inventory. In all such cases, the changes in inventory shall be within the scope of this contract.

1.4 Objectives: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, developing a quality control plan, financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports. The required services include the performance of maintenance and inspection of elevators. On-demand repair services of listed equipment in inventory list (Attachment 2) is required as needed.

1.5 General Information:

1.5.1 Quality Control Plan (QCP) (Deliverable #1): 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) calendar days after contract award.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the Contractor shall then have five (5) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than fifteen (15) calendar days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes.

At a minimum, the QCP 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 the Contractor will monitor work to ensure that performance complies with all timelines, deadlines, and goals

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

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

(e) How the Contractor will ensure all keys issued will remain controlled items (See

1.7 Key Control)

(f) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future

(g) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 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 ten (10) calendar days upon completion of each option period or Task Order. (Deliverable #2)

1.5.1.2 The Contractor shall verbally inform the COR of issues or potential issues that might affect the performance within one (1) workday of identifying those issues. Verbal reports shall be followed up by written reports within three (3) calendar days. (Deliverable #3)

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 specified herein. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates, 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 Jan 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. The 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 Christi varies yearly Day of German Unity October 3rd 1st Christmas Day December 25th 2nd Christmas Day 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 0715 to 1600, Monday through Friday, except U.S. and Host Nation Holidays identified in paragraph 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 are 0715 to 1600, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will not normally provide services on U.S. or German holidays. If the Contractor is requested to perform any work on one of the above listed holidays, it may only be performed with the coordination and approval of the COR in advance of any work being performed.

1.5.4.3 Contractor Support Hours: The Contractor shall provide routine maintenance services between the hours of 0715 to 1600 and times for on-demand services will vary.

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.

1.5.4.3.1 Contractor Work Plan: Reserved

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, in coordination with the COR.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at various locations and buildings within USAG Wiesbaden. Reference the inventory list (Attachment 2) for further details.

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

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

(COR).

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 or data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190- 16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

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

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

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

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

Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract: Organizational Sponsor: USAG Wiesbaden, Clay Kaserne

Location: Clay Kaserne Building No: 1557 DSN Phone No: 548-4066 Commercial Phone No: 0611-143 548 4066

Installation Access Control Office:

Location: Clay Kaserne Building No: 1062 DSN Phone No: 548-47080/1/2/3 Commercial Phone No: 0611-143 548 7080/1/2/3 http://www.aepubs.eur.army.mil/AE-Regulations

1.6.3.1 Installation Pass Log (Deliverable #4): The Contractor shall provide an installation pass log to the Contracting Officer, via the COR, within five (5) calendar days after contract award. The Installation Pass Log shall be updated as employees are added and removed and shall remain available at any time upon request by the Government.

Updated Installation Pass Logs shall be submitted to the COR within five (5) calendar days after any changes to the log.

The log must, at a minimum, contain the following information:

- Name of all employees working under this contract

- Date of birth of all employees working under this contract

- Nationality of all employees working under this contract

1.6.3.2 Individual Termination or Expiration of Employment (Deliverable #5): Upon the termination of employment or termination or cancellation of this contract, the Contractor shall collect the installation access passes the same day employment of an individual has expired or been terminated and return them to the issuing office within three

(3) calendar days.

1.6.3.3 Contract Termination or Cancellation (Deliverable #5): 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.

1.6.3.4 Common Access Cards (CAC) and CAC Log: RESERVED

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

1.6.4.1 U.S. Citizen (Deliverable #6): Contractors that work with or teach youth under the age of 18 years are subject to U.S and host nation if OCONUS 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 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 thirty (30) calendar days of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within thirty (30) days of receipt by the Contractor, identifying such with the appropriate contract number. 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 (Deliverable #6): 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 thirty (30) workdays after contract award. 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 thirty (30) workdays 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 and information provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW AR 190-13, “The Army Physical Security Program.”

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 QCP (Deliverable #1). 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 QCP.

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 Personnel Requirements & Qualifications:

1.10.1 Key Personnel: Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract.

Such personnel are defined as “key personnel” and are those persons whose resumes, or qualification documents, were submitted for evaluation of the proposal. The Contractor shall not remove such personnel from the contract work, nor replace them, without being in compliance with the following:

a) If key personnel, for any reason, become or are expected to become unavailable for work under this contract for a continuous period exceeding ten (10) workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall, subject to the concurrence of the Contracting Officer, promptly replace personnel with equal ability and qualifications.

b) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume, or other experience / qualifications document, for the proposed substitute, and any other information requested by the Contracting Officer, and be submitted within ten (10) workdays of being notified as substitution will be required (Deliverable #3). The Contracting Officer shall promptly notify the Contractor of approval or disapproval in writing.

c) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss, or damage.

The following positions are considered key personnel: Contract Manager.

1.10.1.1 Contract Manager: The Contractor shall provide and maintain a Contract Manager who shall be responsible for the performance of the work. This individual shall serve as a liaison between the Government and the Contractor. The Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.10.1.2 The Contract Manager shall be available between 07:15 to 16:00, Monday through Friday. The Contract Manager shall possess the following minimum qualifications:

- Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years of experience in an Elevator manufacturing company or in a company which holds a license (work-commitment) to a manufacturing company or a company which performs maintenance and repair of elevators and lifts.

- Ability to read, write, and speak English fluently enough to communicate with

Government personnel, accurately record data, and to complete and submit documentation in accordance with this PWS.

1.10.1.3 Should the Contract Manager be absent, the Contractor shall provide an alternate Contract Manager to fill-in temporarily in order to maintain continuity of contract performance and communications between the Government and the Contractor. The alternate manager shall have the same, or similar, qualifications and experience as the Contract Manager and shall have the same duties and authority to act for the Contractor.

Unless something unforeseen occurs, the Contractor shall give the Government notice of the Contract Manager’s absence no later than five (5) workdays before said absence, to include the name and contact information for the fill-in manager.

1.10.2 Other Personnel Requirements: The Contractor shall provide certified, fully qualified and trained personnel for maintaining and repairing elevators with a minimum of three (3) years expert knowledge performing the required services and shall have a minimum of one of the following diplomas:

• Apprenticeship diploma electrical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Elektrotechnik”)

• Apprenticeship diploma mechanical engineering (unaltered German version (“Gesellenbrief/Facharbeiterbrief Mechanik”)

• Apprenticeship diploma mechatronic engineering (unaltered German version ("Gesellenbrief/Facharbeiterbrief Mechatronik"), and

• Any other certificates of training, or equivalent qualifications, to perform maintenance and repair on the elevators and lifts located throughout USAG Wiesbaden (see Attachment 2).

The Contractor shall maintain all licenses and certifications on file and will have them accessible if requested by the COR. All certifications obtained abroad must be translated to German and certified by the Federal Ministry for Education (Bundesministerium fuer Bildung und Forschung) per www.anerkennung-in-deutschland.de.

http://www.anerkennung-in-deutschland.de/

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, to include proper marking of signature blocks in correspondence, 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 Contractor Workspace: Reserved

1.12.2 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 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. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. 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 within five (5) calendar days after contract award, and an updated list as needed to reflect Contractor personnel changes.

Updated list shall be submitted to the COR within three (3) calendar days, after changes occur (Deliverable #7).

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 authorize Government personnel or upon written approval of the Contracting Officer. The

Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall 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): Reserved

1.20 Phase In /Phase Out Period: Reserved

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention.

1.21.1 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 #8). The plan shall be submitted to the COR within fifteen (15) calendar days after contract award.

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;

http://www.dimoc.mil/resources/limitations/ http://www.usace.army.mil/

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas.

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

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(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.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract.

1.21.1.2 The Contractor shall complete and provide safety notifications required and will provide documented proof to the Contracting Officer, via the COR, no later than two (2) workdays after notifications were made. (Deliverable #9)

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

1.22.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesbaden's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Wiesbaden installations are conducted in accordance with the USAG Wiesbaden Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Germany, and applicable German environmental laws/standards. If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the Contracting Officer and COR of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division.

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Germany and applicable German environmental laws/standards. A copy of the HW disposal documents must be forwarded to the HW program manager at the DPW Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department at CIV 0611-705-117. The Contractor shall contact the COR or the USAG Wiesbaden Directorate of Public Works- Environmental Division (DPW-ED), DSN 548-4092, CIV 0611143-548-4092, Bldg. 1059, Clay Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

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

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

Current Prohibited Refuse Disposal Practices Policy (Garrison policy Number27) is available at the Garrison website:

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

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

1.23.1 Anti-Terrorism (AT) Level I Training (Deliverable #10): All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days after contract award and thirty (30) calendar days after new employees commence contract performance.

Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within three (3) calendar days after completion of this training. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months, except AOR-specific AT Level I training, which shall be completed as required by local AT policies.

http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf

If training cannot be conducted on the website, the Contractor shall coordinate with the COR for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer.

Verification of the training shall be provided to the COR within three (3) calendar days after completion of the training.

1.23.2 OPSEC Training (Deliverable #11): All Contractor employees, including subcontractors, who are employed under the contract, shall complete Level I OPSEC training within thirty (30) calendar days after contract start date, and thirty (30) calendar days after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) calendar days after completion of the training. OPSEC Level I training is available at:

http://www.cdse.edu/catalog/elearning/GS130.html.

Contractor personnel must complete refresher training every twelve (12) months.

Verification of the training shall be provided to the COR within three (3) calendar days after completion of the training.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer.

Verification of the training shall be provided to the COR within three (3) calendar days after completion of the training.

1.23.3 Suspicious Activity Reporting Program Training: The contractor and all associated subcontractors will brief all employees on the local suspicious activity reporting program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within thirty (30) calendar days after the contract is awarded and within thirty

(30) calendar days after new employees commence contract performance, with the results reported to the COR within ten (10) calendar days after completion of the training.

(Deliverable #12)

1.23.4 Information Assurance (IA) Training: RESERVED

1.23.5 Personally Identifiable Information (PII): RESERVED

1.24 Authorization to Perform Services in Germany: The following provides information on performing services in Germany.

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do http://www.cdse.edu/catalog/elearning/GS130.html business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the North Atlantic Treaty Organisation Status of Forces Agreement shall possess work and residence permits.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25 Notice to Proceed: The notice to proceed will be provided as indicated below.

The effective date of contract will constitute the date of notice to proceed.

1.26 Electromagnetic Compatibility Directive: RESERVED

1.27 Government Property and Services: RESERVED

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection:

RESERVED

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

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

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

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

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract

Government Property - means all property owned or leased by the Government.Government property includes both Government-furnishedand Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS.

The QASP, with very few if any exceptions, is an internal to Government document.

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

Statement – means the…