PWS - W912CM24R0009 - M and R HVAC.pdf

PERFORMANCE WORK STATEMENT (PWS)

Preventive Maintenance and Repair of Heating, Ventilating, Air Conditioning (HVAC) and Industrial Appliances Equipment within USAG Wiesbaden, Germany

07/22/2024

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 preventive maintenance, density checks, hygienic inspections, on demand repair services and inventory and labeling of Heating, Ventilation & Air Conditioning (HVAC), Walk-In Refrigerators and Freezers. The Contractor shall provide services as defined in this Performance Work Statement (PWS) and shall perform to the minimum standards in this contract.

1.2 Background: The United States Army Garrison (USAG) Wiesbaden must ensure that the HVAC systems and Walk-In Refrigerators and Freezers listed in Exhibit E are maintained and repaired in accordance with established regulations, industrial standards, and the performance standards specified herein.

1.3 Scope: The Contractor shall provide non-personal services for preventative maintenance and on-demand repairs, including inventory and labeling of HVAC Walk-In Refrigerators and Freezers. The Contractor shall provide all necessary management, personnel, supervision, tools, parts, materials, general and specialized equipment, electronic communication, reporting, and transportation necessary to perform the requirements of this contract and for the service of the equipment listed in Exhibit E. The Contractor shall have adequate personnel for maintenance and repair facilities and allow for services to be carried out on several items of equipment at varying locations simultaneously. The Contractor shall comply with existing applicable laws and regulations for equipment, including Deutsches Institut fuer Normung (DIN), Verband der Elektrotechnik Elektronik Informationstechnik e.V. (VDE), Verband deutscher Maschinen und Anlagenbau (VDMA), environmental laws, and accepted commercial standards and practices.

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, including material requisitioning, quality control (QC), attend meetings, and prepare correspondence and reports. The Contractor shall maintain accurate and complete records, files, and have access to libraries of documents to include all U.S., German, and local

Performance Work Statement Preventative Maintenance & Repair: HVAC & Industrial Appliances Equipment 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 and submit historical data.

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) workdays 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 five (5) workdays. If the Government has provided comments, the Contractor shall then have five (5) workdays 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 five (5) workdays 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 the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals);

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

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

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

1.7 Key Control);

(f) How the Contractor will inventory and track maintenance of all Government Provided

Equipment / Materials;

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

(h) 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 RESERVED

1.5.1.2 The Contractor shall verbally inform the COR of issues, or potential issues, that might affect the performance within two (2) working hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) workdays after identification of said issues (Deliverable #2 – Issue Report).

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 workday 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. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

Instances in which this may occur include emergency repair requests that cannot be delayed.

On these days a coordination with the tenant of the building & the COR is necessary. 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.

New Year’s Day January 1st Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies 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 0715 to 1600 Central European Time (CET), Monday to 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 0715 to 1600 CET, Monday to Friday. The Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0700 to 1600, Monday to Friday, except host nation and US holidays identified in paragraph

1.5.3.1 & 1.5.3.2 above. The Contractor shall always 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 is essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

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 fifteen (15) workdays after date of contract award (Deliverable #3 – Work Plan). The Government will review and either accept or return their comments to the Contractor within ten (10) workdays. The Contractor shall then have five

(5) workdays 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. All work to be performed during identified training holidays shall be coordinated with the COR prior to execution of any work.

1.5.6 Place of Performance: The work to be performed under this contract will be performed throughout the US Army Garrison (USAG) Wiesbaden. The following locations belong to USAG Wiesbaden: Lucius D. Clay Kaserne in Wiesbaden-Erbenheim, Hainerberg in Wiesbaden, Mainz-Kastel Station, Amelia Earhart Center in Wiesbaden and McCully Barracks in Wackernheim. The buildings are listed in Attachment 01 – Inventory List, however this list may change during the duration of the contract as requirements within the USAG Wiesbaden may change.

1.5.7 Special Qualifications:

a) The Contractor shall be fully licensed and certified as “Kaelte Klima Fachbetrieb” to ChemKlimaschutzV paragraph 6, in accordance with the most current German and European Union standards and regulations.

b) The Contractor must be registered at the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie und Handwerkskammer (IHK) Registration. The Offeror shall provide a copy of the company’s registration from the Chamber of Trade (Handwerkskammer) or the Chamber of Commerce (Industrie und Handwerkskammer (IHK). The Contract Manager, Alternate, Contractor and Subcontractor personnel performing technical services under this contract shall read, write and speak English to communicate with Government personnel, accurately record data, and perform required work in accordance with English language documentation and publications used by the Government and its suppliers.

c) The Contractor shall provide at least one (1) person on site, qualified to a “Master (Meister)” or “Engineer (Ingenieur)” level for refrigerant systems (Kaelteanlagenbau - Meister or Ingenieur) to perform the repair services on the equipment listed in Exhibit E.

d) Technicians: The Contractor shall provide qualified personnel (“befaehigte Person”) for all work required for the equipment listed in Attachment 01 - Inventory List. Only Contractor personnel possessing at least one (1) of the following qualifications shall perform work on equipment listed in Attachment 01 - Inventory List:

I. VDI 6022 – Hygiene training courses - RLT systems, Category A and B (VDI 6022 – Hygieneschlulung RLT Anlagen Kategorie A und B)

II. Certified personnel of category I in accordance to:

- Artikel 5 der Verordnung (EG) Nr. 842/2006 - Verordnung (EG) Nr. 303/2008

- Para 5 der ChemKlimaschutzV

- Apprenticeship diploma refrigeration engineering (unaltered German version ‘Gesellenbrief Kaeltetechnik’)

III. Hoisting platform according to BGR 500 and BGR 945 (Hebebuehnen nach BGR 500 und

BGR 945)

IV. All services on the higher-powered HVAC systems (above 50 KW) shall be completed by a contractor with manufacturer training to perform such maintenance and repair.

NOTE: Certificates obtained abroad must be translated to German and certified by the Bundesministerium fuer Bildung und Forschung (www.anerkennung-in-deutschland.de) in Germany. The Contractor and Contractor personnel may be required to provide the COR the appropriate certificates any time during the performance of the contract.

e) Every person that needs access to the Building Monitoring System (BMS) for checking values or shutting down of units has to provide a valid Cyber Awareness Training (only valid for one (1) year) and a DD2875 form. These documents need to be sent to the COR to establish an account to the BMS.

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, buildings 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 will be grounds for denying access to U.S. installations, buildings 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.

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.

Army in Europe (AE) Reg 190-16 (and AE 190-16-G German translation) can be found on the following websites:

AE Reg 190-16: https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf AE Reg 190-16-G: https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16- G.pdf

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within five (5) work days after contract award (Deliverable #4 – Installation Pass Log). The log must at a minimum contain the following information Name, Title, Company, Expiration date of Pass. The log shall be updated as https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf 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 #4 – Installation Pass Log).

1.6.3.2 Individual Termination or Expiration of Employment: 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 ten (10) work days.

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within ten (10) work 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.

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S and host nation 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 ten (10) workdays of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #05 – Background Check US). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within ten (10) workdays of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #05

– Background Check US). 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 current documents required for working on a US installation, no later than thirty (30) days after contract award (Deliverable #06 – Background Check German). 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 five (5) 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, 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. Contractor employees shall immediately report suspicious activities to security personnel.

1.6.6.1 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation provost marshal office, director of emergency services, or security office. Contractor workforce must comply with all personal identification verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by the Department of Defense, Headquarters, Department of the Army, and/or local policy. 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.

1.6.6.2 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 ten (10) workdays after the contract is awarded and within ten (10) workdays after new employees commence contract performance, with the results reported to the COR within 10 workdays after the contract is awarded.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan (Deliverable #7 - Security Plan), provided not later than ten (10) workdays after contract award and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

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

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 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 Contract Manager is absent, along with a resume or other document showing experience and qualifications for each of these individuals, shall be provided in writing to the Contracting Officer no later than ten (10) workdays after contract award (Deliverable #8 – Key Personnel). 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 and Alternate Contract Manager shall be able to read, write and speak English to communicate with Government personnel, accurately record data, and perform required work in accordance with English language documentation and publications used by the Government and its suppliers. They must also have demonstrated experience leading others and organizations skills to coordinate service appointments.

The Contract Manager or Alternate Contract Manager shall be available between 0715 and 1600, Monday to Friday, except recognized holidays or when the Government facility is closed for administrative reasons.

If, for any reason, the Contract Manager and the Alternate Contract Manager become unavailable for work under this contract for a 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 or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications. All requests for approval of substitutions herein must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The Contracting Officer may request a resume, CV, or other information and shall promptly notify the Contractor of approval or disapproval in writing.

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: The workspace (staging site, on-site office, desk, or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance ten (10) work days after contract award (Deliverable #9 – Work space sign).

Workspace sign location shall be coordinated with the COR. Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Requirements for Contractor vehicles is addressed under Part 4, Contractor Furnished Items and Services.

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.)

1.13 Contractor Travel: The Contractor is required to travel between the different sites within the USAG Wiesbaden for performing all required maintenance & repair tasks at the Contractor’s own expense with no additional cost to the government. The different sites where maintenance & repair tasks are required are listed in paragraph 1.5.6 in this contract.

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 http://www.dimoc.mil/resources/limitations/ 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 with Alt. I, 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 with Alt. I and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) 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. Plans shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards. The Contractor shall meet with the COR, as required, to discuss and develop a mutual understanding relative to administration of the overall safety plan. 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 (Deliverable #10 – Safety Plan); and http://www.usace.army.mil/

(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.

(f) The Contractor shall display warning signs in English in work areas when applicable.

The Contractor shall immediately report any conditions which compromise life, safety, and health to the COR.

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 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. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete.

The duties include:

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

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

(b) 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 Safety Notifications: 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 fifteen (15) workdays (Deliverable #11 – Safety Notifications) that such notifications were made.

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

Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated 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 Department of Public Works (DPW) Environmental Division.

The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor must immediately report any hazardous substance spills to the Garrison Fire Department at CIV 0611-705-117.

The Contractor shall contact the COR or the USAG Wiesbaden Directorate of Public Works- Environmental Division (DPW-ED), DSN 548-4092, CIV 0611143-548-4092, Bldg. 1059, Clay Kaserne for a copy of the Garrison Environmental Policy, Spill Prevention and Response Red Plan, Garrison Solid Waste Policy and German Final Governing Standards.

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

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

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

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

1.23 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 ten

(10) workdays (Deliverable #12 – AT Level 1 Training) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or ten (10) workdays after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable #12 – AT Level 1 Training) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer if a COR is not assigned) within ten (10) workdays after completion of this training. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable #12 – AT Level 1 Training) every twelve (12) months except AOR specific AT Level I Training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance http://www.wiesbaden.army.mil/policies/22EnvironmentalManagementSystem.pdf http://www.wiesbaden.army.mil/policies/27Prohibited_Refuse_Disposal_Practices.pdf https://jkodirect.jten.mil/ roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training (Deliverable #12 – AT Level 1 Training).

1.23.2 OPSEC Training: All Contractor employees, and subcontractors, shall complete Level I OPSEC 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. The Contractor shall submit a report to the COR verifying completion of the training no later than ten (10) workdays after contract award, or ten

(10) workdays after a new employee is hired (Deliverable #13 – OPSEC Training).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training (Deliverable #13 – OPSEC 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 ten (10) workdays after the contract is awarded and within ten (10) workdays after new employees commence contract performance, with the results reported to the COR within ten (10) workdays after completion of the training.

1.23.4 Information Assurance (IA) Training: All Contractor employees, and subcontractors, requiring access to Government information systems shall complete the DoD IA Cyber Awareness Training within ten (10) workdays (Deliverable #15 – Cyber Awareness Training) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or ten (10) workdays after employment of new personnel. Verification of the training shall be provided to the COR within ten (10) workdays after completion of the training (Deliverable #15 – Cyber Awareness Training).

1.23.4.2 RESERVED

1.23.4.3 RESERVED

1.23.5 Personally Identifiable Information (PII): RESERVED

1.24 Authorization to Perform 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 business is required, the http://www.cdse.edu/catalog/elearning/GS130.html

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…