W912PA21Q0004 - Attachment 1 - PWS 120320.pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

Electrical/HVAC Maintenance and Repair Contract

Zutendaal APS site

Part 1

General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide preventative maintenance

(PM), on-call repairs, inventory and labeling of equipment items at Zutendaal APS site. 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. The

Contractor shall perform to the standards specified in this Performance Work Statement (PWS). The Contract shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.2 Background: Zutendaal is a 456-hectare (1,129-acre) APS-2 site in the Belgian province of Limburg between the municipality of Zutendaal to the south and the village of Wiemesmeer to the northwest. Its primary facilities include 26 warehouses, three vehicle maintenance facilities, two vehicle wash racks, a central shipping and receiving point, administrative spaces, hazardous materials and waste storage, a kantine, 69 ammunition bunkers, a runway, and areas for vehicle staging and parking.

1.3 Scope: The Contractor shall assume total responsibility for all requirements as defined in this PWS at contract performance start date. The Contractor shall perform as specified in this PWS 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 have adequate personnel for maintenance of facilities, systems, and equipment and allow for repairs to be carried out on several items of equipment at varying locations simultaneously. The Contractor shall comply with existing applicable laws and regulations for equipment, environmental laws and accepted commercial standards and practices. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), Belgian, 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. Belgian, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions 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.

1.4 Objectives: The contractor shall provide scheduled preventative maintenance and repairs on Zutendaal APS site facilities, systems, 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 & systems parts as necessary. The contractor shall complete the inventory, and perform the labeling of all components, devices, and equipment related to electrical equipments and heating, ventilation and air conditioning The contractor shall provide and maintain all certification IAW section 1.10.b of this PWS and shall be required to perform all tasks as described in this

PWS. The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness and quantity specified in this PWS. The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost effective ways to address facilities, systems, equipment maintenance and repairs and their component needs, emphasizing innovation and commercial best practices.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with 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 written record by which the contractor assures that work performed complies with the requirements of the contract. A draft QCP copy shall be provided to the COR within thirty (30) work days after contract award. The COR will review, annotate changes and return to the contractor within fifteen (15) work days after receipt. The finalized copy of the QCP which incorporates changes shall be emailed to the COR and to the Contracting Officer within fifteen (15) work days after receipt. After written acceptance of the QCP by the Contracting Officer, the contractor shall fully implement it.

Any proposed changes after approved QCP are required to be submitted for acceptance to the Contracting Officer no later than thirty (30) work 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 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 three (3) work days.

(Deliverable 2).

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this PWS in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek when 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 required to perform services on holidays.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January

Presidents Day 3rd Monday in February Memorial Day last Monday in May

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 or the COR in case of on-call services.

New Year’s Day January 1st Good Friday, Easter Monday : Varies Annually

Labor Day : May 1st Ascension Day and Whit Monday : Varies Annually

Day of Belgian Unity : July 21st All Saints Day : November 1st

Veteran’s Day November 11th 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 0800 to 1630, 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 twenty four (24) hours a day / seven (7) days a week. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall:

- Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

- Reschedule the work on any day mutually satisfactory.

1.5.4.3 Contractor Support Hours: The Contractor shall provide Maintenance and Repair support between the hours of

0800 to 1630, Monday through Friday except Host Nation Holidays identified in paragraph 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. 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. . Prior to performance of services outside the locally established hours of operation, the Contractor shall request and obtain, in writing, approval from the KO. The Contract Manager shall be available after normal hours to serve as the central point of contact for Contractor operations.

If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the COR and

KO prior to suspensions of operations. The Contractor shall resume operations with COR and KO approval.

1.5.4.3.1 Contractor Work Plan: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify recurring scheduled preventative maintenance (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 5.1.1 through 5.2.3. The contractor shall also address how they intend to meet increased operations tempo. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within thirty (30) work days after date of contract award (Deliverable 3). The KO will review and either accept or return their comments to the Contractor within seven (7) work days. The Contractor shall then have seven (7) work 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) work days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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

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

1.5.6 Place of Performance: The work to be performed under this contract will be performed at USAG Benelux-Zutendaal, Leutsestraat 34, 3690 Zutendaal.

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

1.6.1 Security Program: Contractor personnel performing work under this contract must have a “Bewijs van goed gedrag

(uitreksel uit het Gemeentelijke Basis Administratie)” (Statement of Good Conduct issued by Municipality Administration

Office) 30 days after contract award, and must maintain the level of security required for the life of the contract

(Deliverable 13) .

1.6.2 Personnel Security Clearance Requirements: NA

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access

Control, 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, 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 can be found on the following website: https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-

16.pdf

1.6.3.1 RESERVED.

1.6.3.2 RESERVED.

1.6.3.3 RESERVED.

1.6.3.4 Common Access Cards (CAC): RESERVED.

1.6.3.4.1 RESERVED.

1.6.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for

U.S. and Host Nation Contractors.

1.6.4.1 U.S. Citizen: RESERVED.

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED.

1.6.5 Physical Security: RESERVED.

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 Contractor’s Quality Control Plan. Such procedures shall include turn-in of https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf 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 duty hours.

At the post award conference, the contractor shall provide the KO and COR with certificates and/or a proof documentation demonstrating that all employees meet the certifications requirements IAW the Belgian legislation.

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

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

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

Government property, and coordinate site entry of Contractor personnel.

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

Alternate Contract Manager. The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent, for each of these individuals, shall be provided in writing, the name, title, email, address office, home and mobile telephone numbers for the central point of contacts (Deliverable 4).

The Contract Manager or Alternate Contract Manager shall be available between 0800 and 1630, Monday through Friday.

Qualifications for all key personnel are listed below:

a. Special Qualifications for Contract Manager and Alternate Contract Manager: 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. They shall possess good knowledge of the English language and French. The Contract Manager and Alternate Contract Manager 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.

b. Special Qualifications for Contactor/Subcontractor firm and employees: The contractor/subcontractor firm and employees shall be fully certified, trained and meet all Belgian standards pertaining to facilities, equipment, maintenance and repairs. The contract manager shall ensure all technicians are certified in their respective areas of responsibilities i.e.

(electricians, plumbers, mechanical, etc.) IAW Belgian laws and regulations.

All contractor/subcontractor personnel performing the required services shall possess at least the below listed valid certifications, or equivalent valid certifications approved by the designated Belgian Authority :

- Flemish region L certificate (oil) and G1 or G2 (gas) Flemish region certificate for heating purposes

- Refrigeration certification for refrigeration purpose

- Valid Veiligheid, gezondheid en milieu Checklist Aannemers (VCA) certificate for personnel performing services under this contract.

The Technicians shall possess working knowledge of the English language.

Contractor shall ensure that certifications for all employees are current through the life of the contract therefore he will provide a copy of them to the KO and COR at the Post Award and the proof of any replacement or new employee’s certification within three (5) work days. (Deliverable 5).

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

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

1.12.1 RESERVED.

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

Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.)

1.13 Contractor Travel: 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 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.

1.18 Non-Disclosure Statements: RESERVED.

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

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

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention : the contractor is required to adhere to United States (U.S.) Army regulations, as well as belgian and USAG Benelux local policies and procedures. In case of an accident the contractor shall forward one completed copy of locally required accident reports to the COR and government representative (DPW) not later than five (5) work days after the occurrence of an accident/injury to his/her personnel

(Deliverable 6).

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) If applicable, before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel (Deliverable 14). Specific requirements for development of the

Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase.

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the

Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. 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.

file:///C:/Users/1232177302.civ/Documents/REVIEWS%20-%20PWS%20SOW/WORKING%20ON%20NEW%20SOPs/www.usace.army.mil

1.21.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR.

1.21.1.3 RESERVED.

1.22 Environmental Compliance: The contractor is required to adhere to United States (U.S.) Army regulations, Host Nation

Law, as well as USAG Benelux local policies and procedures. Please see paragraph 1.22.1 “Environmental Compliance Plan and Program” for specific information regarding environmental compliance.

1.22.1 Environmental Compliance Plan and Program: It is required that the project manager of this contract complies with the USAG Benelux Environmental Policy that is available publicly on the USAG Benelux homepage (type 'USAG

Benelux' into an online search engine, select the first link and select 'Environmental Policy' at the bottom of the U.S. Army garrison Benelux homepage (ISO14001:2004 Standards, Annex A2)."

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 20 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 20 days after employment of new personnel.

Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S.

based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion

(Deliverable 15) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within 20 days 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

1.23.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within 20 days of employment under this contract. Verification of the training shall be provided to the COR within 20 days after completion of the training (Deliverable 16). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months.

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.

1.23.3 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 used 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 20 days after the contract is awarded and within 20 days after new employees commence contract performance, with the results reported to the COR within 20 days after the contract is awarded and within 20 days after new employees commence contract performance (Deliverable 17). Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.23.4 Information Assurance (IA) Training : RESERVED.

1.23.4.1 RESERVED.

1.23.4.2 RESERVED.

1.23.4.3 RESERVED.

1.23.5 Personally Identifiable Information (PII): RESERVED.

1.24 Authorization to Perform Services in Belgium.

https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.24.1 Contractors performing services in Belgium shall comply with Belgian law. The Contractor shall determine whether performance requires registration with Belgian authorities or authorization to do business in Belgium 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 Belgium. 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 Belgium 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.

1.24.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and Belgian 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: RESERVED

1.26 Electromagnetic Compatibility Directive: RESERVED

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 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. (List all acronyms used in the PWS and what they represent.

At a minimum, insert the acronyms provided below.)

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

DMO Demand Maintenance Order

DoD Department of Defense

DPW Directorate of Public Works

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

PMO Preventive Maintenance Order

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: RESERVED.

3.2 Facilities: The Government will 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 conference or prior to the contract performance start date.

3.3 Utilities: The Government will 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 will instruct employees in utilities conservation practices. The Contractor will 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: The Contractor will provide necessary Personal Protective Equipment (PPE) for the performance of this contract.

3.7 Training: The Government will provide the following training: AT Level 1 Awareness, OPSEC, iWATCH.

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 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: RESERVED.

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

4.5 Background Checks: The contractor must adhere to the requirements outlined in paragraph 1.6.1of this PWS.

PART 5

SPECIFIC TASKS

5. Specific tasks

5.1. Basic Services: The Contractor…