PWS DGB DRAFT 14FEB2025.docx

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair (M&R) of Doors, Gates and Barriers (DG&B) within USAG Wiesbaden

02/05/2025

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 services contract to provide maintenance consisting of all required system inspections, repair and, if needed, replacement of equipment listed on the attached Inventory Lists (Attachment 4 Inventory_List_DG&B).

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

1.3 Scope: The services to be performed under this contract include annual and semi-annual Preventive Maintenance to include a separately carried out inspection. Any necessary corrective maintenance repairs identified during the Preventative Maintenance and inspections procedure will be performed IAW Part 5. The Contractor shall provide all required tools, spare parts and materials necessary to repair equipment deficiencies and restore the system(s) to operational status as follows:

All Preventative Maintenance (PM) and Inspection shall be performed according to applicable DGUV V, Technische Regeln für Arbeitsstätten (ASR) 1.7, US Government Regulations, DIN Standards, VDI Richtlinien, VDMA- Einheitsblaetter, manufacturer’s specifications, equipment manufacturer manuals and the “Standards of the Industry”.

The services to be performed under this contract include scheduled maintenance, scheduled inspection, and on-demand repair of doors, gates, and barriers. The Contractor shall also provide maintenance and inspection of the complete mechanical, electric, electronic component systems. It is the responsibility of the Contractor to obtain and comply with the operation and maintenance instructions issued by the manufacturers of the individual equipment.

During the contract 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 that may impact the inventory list of this contract. 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, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data and prepare required reports. The required services include the performance of maintenance and inspection of Doors, Gates and Barriers. On-demand repair services of listed equipment in the Inventory List (Attachment 4 Inventory_List_DG&B) as required.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed 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 ten (10) 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 (NLT) 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 five (5) years.

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within thirty (30) days upon completion of each option period or task order. (Deliverable #2)

1.5.1.2 The Contractor shall 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 a written report to the COR within two (2) workdays after the issue, or potential issue(s), are identified. (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. 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. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

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:

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. 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, Monday through Friday. If Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately. Work outside of the above times shall only be performed upon consultation with and confirmation from the COR.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0715 to 1600), Monday through Friday. If Government facility is closed during local or national emergencies, administrative closings, or similar Government directed facility closings, the COR will notify the Contractor immediately. The Contractor shall maintain an adequate workforce at all times, 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.

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.

1.5.6 Place of Performance: The work to be performed under this contract will be performed various locations and buildings within USAG Wiesbaden.

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

1.6.1 Security Program: Reserved

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in Germany. 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.

For the Installation Pass request (Deliverable #4a), the following documents must be forwarded to the COR no later than thirty (30) calendar days after the award:

1. The completely filled out form “Self Disclosure” (Attachment_2.1), which must not be older than three (3) months.

2. The completely filled out form AEF190-16A (Attachment_2.2), which must not be older than three (3) months.

3. The completely filled out form AEF 604-1B (Attachment_2.3), which must not be older than three (3) months. (Please do not fill in or sign the signature and date digitally).

4. The certificate “Führungszeugnis” must not be older than one (1) year. (Persons from EU countries (only non-German citizens) require a “europäisches Führungszeugnis”)

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.

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the COR an Initial Installation Pass Log within three (3) calendar days after contract award. The log must at a minimum contain the following information: Employee name, address, date and place of birth. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log. (Deliverable #4b)

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 two (2) workdays (Deliverable #5).

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 five (5) workdays. (Deliverable #6)

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

1.6.4 Background Checks: The Contractor shall provide Background Checks (police good conduct; Polizeiliches Führungszeugnis) in accordance with PWS 1.6.4 and as determined by the Government. Army in Europe (AE) Regulation 604-1 ( Attachment_2.3_AEF604-1), 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. (Deliverable #7)

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 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 five (5) workdays 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 five (5) workdays 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. (Deliverable #7)

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 five (5) workdays after contract award. Forwarding correspondence from the Contractors shall identify the associated contract number. (Deliverable #7)

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 the Army Physical Security Program (AR 190-13).

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

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan (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 Quality Control Plan.

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

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

1.10.1 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager, Alternate Contract Manager and Quality Control Manager The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five (5) days after contract award. (Deliverable #8) The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0715-1600 Monday- Fiday that have been identified in paragraph 1.5.4.3 Contractor Support Hours.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field with a minimum of three (3) years’ work experience in in a company that manages or supervises maintenance or repair contracts. Employee must be proficient in speaking and writing in both English and German languages. spoken and written are required.

b. Quality Control Manager: Certified Engineer (Ingenieur, Techniker, Meister) in electronic or mechanical field or with a minimum of three (3) years’ work experience in a company that carries out all QM measures to ensure quality. An employee that is fluent in German, but can speak and write in English is desirable, but no mandatory.

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

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

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

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

Certificates of training, or equivalent qualifications to perform maintenance and repair on the doors and gates located throughout USAG Wiesbaden (see Attachment 4 Inventory_List_DG&B) shall be submitted to the COR later than five (5) days after contract award. 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. (Deliverable #9)

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 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 (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. 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 prior to the contract performance date and updated as needed to reflect Contractor personnel changes no later than five (5) days. (Deliverable #10)

1.13 Contractor Travel: Reserved

1.14 Other Direct Costs (ODCs): Reserved

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

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

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

1.18 Non-Disclosure Statements: Reserved

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. (Deliverable #11)

The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: Reserved

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

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

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

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. 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. Accident Prevention Plans shall be provided to the COR within fifteen (15) calendar days after contract award. (Deliverable #12)

(b) 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. Particularly, 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.

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the COR, no later than three (3) workdays after such notifications were made. (Deliverable #13)

1.21.1.3 Reserved

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)/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 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 thirty (30) workdays after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within three (3) workdays after completion of this training by all employees and subcontractor personnel. 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

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within three (3) workdays after completion of the training. (Deliverable #14)

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) workdays after contract award. Verification of the training shall be provided to the COR within three (3) workdays 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 12 months. Verification of the training shall be provided to the COR within three (3) work days after completion of the 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 three (3) workdays after completion of the training. (Deliverable #15)

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) workdays after contract award and within thirty (30) workdays after after new employees commence contract performance, with the results reported to the COR within three (3) workdays after completion of the training. (Deliverable #16)

This training replaces the former iWATCH Program. Coordinate with the COR for current training requirements and guidelines.

1.23.4 Threat Awareness Reporting Program Training: The Contractor and all associated subcontractors, must receive annual Threat Awareness and Reporting Program (TARP) training by an authorized trainer. The Contractor shall coordinate with the COR, who will contact the local trainer at their assigned location. Contractor personnel completing training will receive a certificate or the training attendance roster signed by authorized CI representative. This training will be completed within thirty (30) workdays after contract award and within thirty (30) workdays after after new employees commence contract performance. Verification of the training shall be provided to the COR within three (3) workdays after completion of the training. (Deliverable #17)

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

1.26 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the FRG, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27 Government Property and Services: Reserved

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: 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 specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters into a contract with a prime Contractor.