W912PA19Q0011_-_Attachment_1_-_PWS_.pdf

409th CSB Ver 5 20180730

PERFORMANCE WORK STATEMENT (PWS)

Total Maintenance Contract (TMC) Services

Bremerhaven Post Annex

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 facilities operations and maintenance services at Bremerhaven Post Annex. The Government shall not exercise any supervision or control over contract service providers who are subcontractors performing services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.2 Background: The contract services is currently been operated by Bremerhaven utilizing several local vendors to perform maintenance by processing GPC payments and In-house labor.

1.3 Scope: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this Contract and under the direction of the Contracting

Officer (KO). The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. 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 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, prepare required reports, and submit information as specified by the Deliverable Schedules presented in this PWS. The Contractor shall perform continual management of the functional areas contained in this PWS and shall be the central point of contact (POC) with the

Government for performance of all work under the PWS.

All reports, inspections and correspondence shall be submitted in German and English language.

1.4 Objectives: The contractor shall provide scheduled maintenance and repairs to Bremerhave facilty and equipment listed in this PWS on a recurring basis. In addition, the contractor shall perform unscheduled on-call maintenance and repairs, to include purchasing and replacing equipment & facility parts as necessary. The contractor will be required to provide and maintain all certification IAW 1.10 (b) and shall be required to perform all tasks as described in this PWS.

The contractor shall provide the maintenance and repair services at the following location:

950th Transportation Company

Weserportstrasse 5

27580 Bremerhaven

Germany

1.5 General Information: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years, in accordance with the “Delivery Information” section specified in the contract.

Base Year: August 15, 2019 – August 14, 2020

Option Year 1: August 15, 2020 – August 14, 2021

Option Year 2: August 15, 2021 – August 14, 2022

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, unsatisfactory, delinquent and/or untimely 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 Quality Control

Plan (QCP) is the written record by which the contractor assures that work performed complies with the requirements of the contract. A draft QCP and three (3) copies are to be provided at the Pre-Performance (Post-Award) Conference so that it can be reviewed and discussed by all parties present during this meeting. The finalized copy of the QCP which incorporates changes shall be emailed to the COR, government representative (DPW), and Contracting Officer within thirty (30) days after the Post Award Conference. After written acceptance of the Quality Control Plan by the Contracting Officer, the contractor shall fully implement his Quality Control Plan. Any proposed changes after approved QCP are required to be submitted for acceptance by the Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor. (Deliverable 1). The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the Contractor QCP shall 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 shall the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

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

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

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

f. How shall the Contractor file and save all Quality Control related documents for the life of the contract?

g. How will Contractor ensure reports are submitted monthly?

1.5.1.1 (Optional addendum to the QCP): RESERVED

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within four (4) hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days. (Deliverable 2).

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. 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. The contractor is not required to perform services on holidays.

NAME OF AMERICAN HOLIDAY DATE

New Year Day January 1st

Martin Luther King Memorial Day 3rd Monday in January

President Day 3rd Monday in February

Memorial Day Last Monday in May

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 German 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.

NAME OF GERMAN HOLIDAY DATE

New Year Day January 1st

Good Friday Varies Annually

Easter Monday Varies Annually

Labor Day May 1st

Ascension Day Varies Annually

Whit Monday Varies Annually

Day of German Unity October 3rd

All Saints Day November 1st

1st Christmas Day December 25th

Boxing Day December 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0730 to 1700, Monday through Friday except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours are 0730 to 1700, Monday through

Friday except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730 to 1700, Monday through Friday except Host Nation and U.S. Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

The contractor shall provide on-call services for service and repairs in accordance with the days and hours listed above, with the except of an emergency elevator on-call. The contract shall be available 7-days a week, 24-hours a day for emergencies calls. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4.4 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly recurring scheduled work (to include location, work to be completed, timeline, etc. The contract work plan shall demonstrate how their work reception system for tracking requests and maintaining data shall be implemented and maintained as listed in 5.2.1. The contractor shall also address how they intends to meet increased operations tempo. If the need for extended hours are anticipated, the Contractor must receive approval from the Contracting Officer at a minimum seven

(7) days prior to execution. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR and government representative (DPW) for review within fifteen (15) days after date of contract award (Deliverable 3). The

Government will review and either accept or return their comments to the Contractor within three (3) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) workdays prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

1.5.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the

Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: 950th Transportation Company (SDDC) Weserportstr. 527580 Bremerhaven Post Annex

Germany.

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: The contractor and all associated subcontractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures (provided by

Government representative). Contractor personnel performing work under this contract shall have a recent “Standards of Good

Conduct” certificate and valid ID Card within fifteen (15) days after the contract award date (see par. 1.6.3.1), and shall maintain the level of security required for the life of the contract.

The contractor shall also 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. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and 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.

Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host

Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation

604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The

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

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The

Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with

Installation Access Control System (IACS) processing requirements.

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

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

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

1.6.3.1 In addition, the Contractor shall provide, via the COR, an Initial Installation Pass Log within fifteen (15) days after contract award date. The log must at a minimum contain the following information employees full name, home address, personal ID number, passport/ID card, date of birth and country of citizenship and a copy of a “Standards of Good Conduct” certificate (Fuhrmgszeugnis) (Deliverable 4). The log shall be updated as employees are added or removed. The Updated

Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 4).

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

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

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.3.4.1 N/A

1.6.4 Background Checks: RESERVED

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED

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. Government issued badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control:

The Contractor shall establish and implement methods of making sure all keys and key cards 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. 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 occurrences of lost or duplicate keys and key cards to the Contracting

Officer. When keys to area cannot be released, the Contractor shall contact Government organization POC (Point of

Contact) in question and schedule access by himself to coordinate access to work site. COR will establish contact and provide assistance when problems with key POC occur.

1.7.1. 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 the monthly payment due 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 monthly payment due the

Contractor.

1.7.2. The Contractor shall prohibit the use of Government issued keys and key cards 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.

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

Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the

COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the

Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of

Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager, Alternate

Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work.

At the time of the Post Award conference the contractor shall submit to the COR and KO, and government representative

(DPW) in writing, the name, title, email, address office, home and mobile telephone numbers for the central point of contacts(s)

(Deliverable 6). 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 the hours are 0730 to 1700, Monday through Friday. Qualifications for all key personnel are listed below:

(a) Special Qualifications: The contractor firm and employees shall be fully certified, trained and meet all German standards pertaining to facilities, equipment, maintenance and repairs. The Contract Manager and Alternate

Contract Manager shall be able to read, write, speak, and understand English. In addition, they shall have within the past ten (10) years, three (3) years’ experience working as a Contract / Project manager consisting of a minimum of two (2) years manager and/or supervisory experience in managing facility/equipment maintenance and repair contracts. The manager position shall at no time be vacant. In addition, the contract manager shall ensure all technicians are certified in their respective areas of responsibilities i.e. (electricians, plumbers, roofers, carpentry, mechanical, painters, masonry, structural, etc.) IAW German and US laws and regulations and ensure all technicians certification are current through the life of the contract. The contractor shall provide to the COR and Contracting

Officer within fifteen days after contract award date a copy of all employee’s required certificates listed in paragraphs 1.10 (a) and 1.10 (b) (Deliverable 7). The Technicians shall be in possession of all certificates required and issued by the Federal German Authority and shall maintain them valid throughout the duration of the contract.

(b) Special Certifications: The contractor and the subcontractor shall be certified as specified and shall ensure that all personnel performing required services have at least the following valid and current certifications or equivalent valid and current certifications approved by the German Authority.

1. Training diploma electrical engineering (unchanged German version “ Gesellenbrief electricians) for contractor employee or subcontractor employee.

2. VdS / DIN 14675 Certification for Fire Alarm Systems and Evacuation Systems, Smoke Exhaust Systems and sprinkler system. DIN 14675 certification shall be by a VdS accepted company for fire alarm systems, sprinkler and smoke exhaust systems" ("VdS anerkannten Errichterfirmen für Brandmeldeanlagen, Sprinkler, Feuerlöschanlagen und Rauch -und Waermeabzugsanlagen) for contractor employee or subcontractor employee.

3. Weishaupt WWP S75 IR, VDMA 24186 certification for the Geothermal Heating System and Heating Pump

System, for contractor employee or subcontractor employee.

4. A CEPA (Confederation of European Pest Management Associations) certification, required for certified professional pest applicator and that comply with European Standard EN 16636 requirements for contractor employee or subcontractor employee.

5. Master (Meister) in the category of "Master Electrician (Elektrotechniker-Meister)"certification for a minimum of one (1) employee or subcontractor employee)

The Master Electrician (Elektrotechniker-Meiste shall be responsible for all electrical work under the contract for the entire performance period of the contract per the PWS. If the Master Electrician changes during contract performance, the contractor shall notify the COR immediately and provide a substitute with the same qualifications within two calendar days of the change.

6. Master (Meister ) Craftsmen certification for employee or subcontractor’s employee.

The Technicians shall possess working knowledge of the English language

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The

Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Contractor Workspace: Contractor 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. 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. (See paragraph 3.2)

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges

IAW Contractor Identification (AE Reg. 27-715).

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.

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

1.17 Non-Disclosure Statements: RESERVED

1.18 Organizational Conflict of Interest (OCI): RESERVED

1.19 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.20 Safety: The Contractor shall comply with US, European and German Occupational Safety and Health Standards, Laws and Regulations to protect the life and health of employees and other persons; to prevent damage to property, materials, supplies, and equipment and to avoid work interruptions. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, and security. In case of an accident the contractor shall forward one completed copy of locally required accident reports to the Contracting Officer’s Representative and government representative (DPW) not later than five (5) days after the occurrence of an accident/injury to his/her personnel

(Deliverable 8).

1.20.1 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.

(a) 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) Long sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.20.1.1 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 http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

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. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

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

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

(b) 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.

1.20.1.2 RESERVED

1.20.1.3 N/A

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

1.21.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its personnel, operations and activities conform to the USAG Benelux Dulmen and Bremerhaven environmental policies and regulations, to include any applicable German environmental laws and standards.

“USAG Benelux Dulmen Current Environmental Policy is available at the following website:

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

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

1.22.1 Anti-Terrorism (AT) Level I Training: RESERVED

1.22.2 OPSEC Training: RESERVED

1.22.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be use to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and thirty (30) days for all new contract employee’s effective start date (Deliverable 9). Verification of the training shall be provided to the COR within three (3) days after completion of the training. Training website or slides shall be provided by the COR to the contractor during Post Award.

1.22.4 Information Assurance (IA) Training: RESERVED

1.22.5 Personally Identifiable Information (PII): RESERVED

1.23 Authorization to Perform Services in Germany

1.23.1 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.

1.23.2 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 NATO SOFA shall possess work and residence permits.

1.23.3 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.

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive: RESERVED

1.26 Government Property and Services: RESERVED

1.27 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 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. Department of

Defense 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 support personnel to assist the COR, “…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 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 - means property furnished to the contractor 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-furnished property and 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. The Government does not have privity of contract with the subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, the following provides a list of acronyms used throughout this PWS or commonly used in the acquisition field.

ACOR Alternate Contracting Officer's Representative

AE Army in Europe

AFARS Army Federal Acquisition Regulation Supplement

AHA Activity Hazard Analysis

AOR Area of Responsibility

AR Army Regulation

AT Anti-terrorism

ATCTS Army Training Certification Tracking System

CAC Common Access Card

CCE Contracting Center of Excellence

CFE Conventional Forces Europe

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer’s Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DoD Department of Defense

FAR Federal Acquisition Regulation

FRG Federal Republic of Germany

GFP Government Furnished Property

HLO High Level Objective

HIPAA Health Insurance Portability and Accountability Act of 1996

IA Information Awareness

IAC Installation Access Control

IACO Installation Access Control Office

ID Identification

IGCE Independent Government Cost Estimate

IT Information Technology

JTR Joint Travel Regulation

JPAS Joint Personnel Adjudication System

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

OPSEC Operations Security

PA Property Administrator

PII Personally Identifiable Information

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

RA Requiring Activity

RCO Regional Contracting Office

SIGE Safety and Health Protection Plan

TE Technical Exhibit

USAREUR U.S. Army Europe

UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: The Government will provide Installations Access Passes to Contractor’s personnel that need access to the

Dülmen Tower Barracks’ site and Bremerhaven Post Annex.

3.2 Facilities: The Government shall provide the contract employee access to a room to support daily tasks in performance of the PWS. The designated space shall be identified to the contractor during the post award or prior to the contract performance start date.

3.3 Utilities: The Government shall provide all utilities in the facility to be available for the Contractor’s use in performance of the tasks outlined in the PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.

3.4 Equipment: RESERVED

3.5 Special Tooling and Test Equipment: RESERVED

3.6 Materials: RESERVED

3.7 Training: As per paragraph 1.22.3, iWATCH Training

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor Firm shall furnish all services, personnel, equipment, supplies, transportation, vehicles, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for any items specified in Part 3, Government Property, Equipment and Services.

4.2 Secret Facility Clearance: RESERVED

4.3 Materials: The Contractor shall provide Personal Protective Equipment (PPE), office supplies and materials such as, paper, printer cartridges and all other office supplies, automated data processing equipment (ADPE) such as computers, copy, printer, and fax machines and all other materials needed in the performance of this contract.

4.4 Vehicles and Equipment: The Contractor shall furnished all necessary vehicles and equipment to perform the work described in this PWS.

4.5 Background Checks): RESERVED

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide inspections, maintenance and repair services on all systems listed in section 5.2 (para. 5.2.1 through para.