PWS_2.pdf

PERFORMANCE WORK STATEMENT (PWS)

INSPECTION, LOAD TEST, MAINTENANCE AND REPAIR OF

CRANES, VEHICLE LIFTS AND HYDRAULIC SYSTEMS,

USAG BAVARIA – HOHENFELS, TOWER BARRACKS AND ROSE BARRACKS

Part 1

General Information

1. Introduction: This is a non-personnel services contract to provide inspection, TUEV inspections, load test, maintenance and repair of cranes, vehicle lifts and hydraulic systems at USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Background:

The contract consists of inspection, TUEV inspections, load tests, maintenance and repair of cranes, vehicle lifts and hydraulic systems at USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks

The contractor shall provide all personnel, tools, equipment, services, parts and material exceeding Government-furnished spare parts, tools, supervision and other items and services necessary to perform as defined in this statement of work. The Contractor shall observe, adhere and comply with to all pertinent US and Host Nation German laws, regulations, ordinances, technical and safety rules include applicable publications valid during the duration of this contract. 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. 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. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other contractors.

1.1.1 Cranes:

The cranes are located in approx. 67 buildings throughout USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks.

Cranes consist of bridge cranes and cranes.

1.1.2 Vehicle lifts:

The vehicle lifts are located in approx. 12 buildings throughout USAG Bavaria – Hohenfels, - Tower arracks and

- Rose Barracks.

Vehicle lifts consist of platforms and lifting platforms.

1.1.3 Hydraulic and other systems:

The hydraulic and other systems are located in approx. 24 buildings throughout USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks.

Hydraulic and other systems consist of lifting hooks, pulleys, mobile hydraulic lifts, curtains, hydraulic lifts, hydraulic jacks, moving devices, working stage fork lifts, fall protections and safety equipment.

1.2 Responsibilities:

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). See also Paragraph 1. Introduction.

1.2.1 Work Responsibility: 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 Section C-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. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other contractors.

1.2.2 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable List presented in this PWS.

1.3 Objectives:

The objective of this contract is to provide inspection, TUEV inspection, load test, maintenance and repair of cranes, vehicle lifts and hydraulic systems at USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks.

Contractor shall perform, coordinate and complete the requirements of the contract in cooperation with any other contractors or trades performing work at USAG Bavaria – Hohenfels, - Tower Barracks and - Rose Barracks promptly and diligently as required by the standards of this contract.

1.4 Functional Areas:

USAG Bavaria – Hohenfels is located near the town of Hohenfels, approx. 60 km south-east of Nuernberg, in the south-east area of the Federal Republic of Germany.

USAG Bavaria – Tower Barracks is located near the town of Grafenwoehr, approx. 70 km east of Nuernberg, in the south-east area of the Federal Republic of Germany.

USAG Bavaria – Rose Barracks is located near the town of Vilseck, approx. 50 km east of Nuernberg, in the south-east area of the Federal Republic of Germany.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year 01 FEB 2016 – 31 JAN 2017 Option Year I 01 FEB 2017 – 31 JAN 2018 Option Year II 01 FEB 2018 – 31 JAN 2019

1.6 Management and Administration:

1.6.1 Phase In /Phase Out Period: (Not applicable)

1.6.2 Contractor Management: The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Project Manager and an alternate Project Manager. The Project Manager shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the PWS. At the Post Award conference, the Contractor shall submit to the COR, in writing, the name, title, email address, office, home and mobile telephone number of the Project Manager and the alternate Project Manager (See TE#2). Both the Project Manager and the alternate Project Manager shall have full authority to act for the contractor on all Contract matters relating to daily operation of this Contract.

Contractor shall provide a list of contractor employees, subcontractors, subcontractor employees and vehicles for identification (name, passport No., age, vehicle license No.) not later than the Post Award conference.

1.6.3 Contractor Responsiveness: The Project Manager or alternate(s) shall be available for telephone, fax and electronic mail communications with the COR/POC on working days from Monday through Friday, from 0730 - 1600 hours. Personal answering service is permitted at other than normal Government workdays or hours, provided, response by the Project Manager or alternate(s) to the COR/POC is made immediately at start of next regular working day. If the PWS calls for emergency work also on Saturdays, Sundays, American or Host Nation German Holidays the Project Manager or alternate(s) response is required immediately at start of next calendar day.

1.6.4 Meetings, Conferences, and Briefings: 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 Project 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.

1.6.5 Hours of Operation: Specified under Para 5.1.

1.6.6 Recognized Holidays:

o 1 January New Year’s Day o 3rd Monday in January Martin Luther King’s Birthday o 3rd Monday in February Washington’s Birthday o Last Monday in May Memorial Day o 4th July Independence Day o 1st Monday in September Labor Day o 2nd Monday in October Columbus Day o 11 November Veterans Day o 4th Thursday in November Thanksgiving Day o 25th December Christmas Day

If an American holiday falls on a Saturday, the Friday prior to it is a holiday. If an American holiday falls on a Sunday, the following Monday is a holiday.

1.6.7 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.

1.6.8 Quality Control (QC): The contractor shall develop and maintain an effective quality control program 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 quality control program is the means by which he assures himself that his work complies with the requirement of the contract. One copy of the contractor's quality control plan shall be provided to the Contracting Officer and to the COR not later than the pre-performance conference. An updated copy must be provided to the Contracting Officer and to the COR/POC on contract start date and as changes occur. The plan shall include:

- The contractor's inspection system covering all services required under this contract. The inspection system must specify the areas to be inspected either on a scheduled or unscheduled basis, how often inspection will be accomplished, and the title of the individuals who will perform the inspection.

- The qualification of the contractor, his personnel or his subcontractor’s personnel shall be an essential part of contractor’s quality control and quality assurance plan to be presented at the pre-performance conference to the COR/POC. At minimum it must contain all certificates, documents and references proving the qualification of his company, his personnel or his subcontractor’s personnel as described under 1.6.15 below.

- The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable. The contractor shall establish and maintain preventive maintenance records on a daily basis, identifying specific work in detail. The labor hours expended, name of craftsman, used materials, and the condition of the system at that time must be outlined and reported. The contractor shall maintain records for trouble-shooting, repairs and replacement of individual parts. These records shall be based on maintenance and operation guidelines of the manufacturer of the systems to be inspected, maintained and repaired.

- Onsite records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the Contracting Officer or COR/POC upon request.

- Contractor Quality Assurance shall be separate from line management and supervision as an additional check on work performance quality and efficiency.

After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.9 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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 minimum acceptable defect rate(s).

(See TE#1).

1.6.10 Place of Performance: The work to be performed under this contract will be performed at USAG Bavaria – Hohenfels, – Tower Barracks and - Rose Barracks.

1.6.11 Type of Contract: The government will award a Indefinite Delivery/Indefinite Quantity Contract.

1.6.12 Security Program:

The contractor is required, to request for all his employees installation passes. These passes will be requested through the COR/POC. The contractor shall submit a list for all his or his subcontractor personnel used under this contract. This will be kept up to date at all times and will be subject for inspection by the COR/POC.

All contractor and subcontractor employees are required to comply with the following requirements:

- Access and General Protection/Security Policy and Procedures:

(This standard-language text is for contractor employees with an area of performance within an Army-controlled installation, facility, or area). The contractor and all associated subcontractor employees will comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures (provided by Government representative). The contractor will 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.

Specific day and hours for work to be conducted Specific gates to use (if applicable) Off limits areas (if applicable) Sign-in privileges (foremen, supervisors) Subject to vehicle search.

- iWATCH/iSALUTE Training:

This training is required for all contractor employees with an area of performance within an Army-controlled installation, facility, or area that performs work for a period of 14 days or longer. The contractor and all associated subcontractors shall read a document on the local iWatch and iSalute programs. The contractor and associated subcontractors shall then sign a statement verifying that they have read and understood the local programs. The COR shall issue to all contractors and all associated subcontractors a handout highlighting the local programs. These handouts will be used to inform contract and subcontractor employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Military Police, Host Nation Polizei, or Military Intelligence immediately. This training shall be completed within five calendar days upon arrival in the foreign country. This training is an annual requirement. This training shall be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR/POC NLT 5 calendar days after training performed

- OPSEC Training:

This training is required for all contractor employees with an area of performance within an Army-controlled installation, facility, or area that performs work for a period of 14 days or longer. The contractor and all associated subcontractors shall read a document on OPSEC. The contractor and associated subcontractors shall then sign a statement verifying that they have read and understood the document. The COR shall issue to all contractors and all associated subcontractors a handout highlighting OPSEC guidelines that must be followed.

This training shall be completed within five calendar days upon arrival in the foreign country. This training is an annual requirement.

1.6.13 Physical Security: The contractor shall be responsible for safeguarding 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.

1.6.14 Key Control: The Contractor shall establish and implement methods of making sure all keys/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/key cards 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 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. The Contractor shall prohibit the use of Government issued keys/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. 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 Contractor’s Quality Control Plan.

1.6.15 Special Qualifications: The work as specified in this scope of work shall be performed by an authorized contractor only. Contractor and all contractor personnel shall be experienced, shall have in depth knowledge and shall be fully qualified and licensed by manufacturer of the specific systems in performing the tasks as outlined in this PWS and in compliance with the manufacturer’s operation and maintenance instructions and as outlined in the applicable European and German regulations. Further Contractor and all contractor’s personnel shall specifically meet all qualifications as required by the German regulations BGG, BGI, BGR, BGV, VBG, VBR, UVV, European/German machinery and operational safety regulations (Maschinenrichtlinien und Betriebssicherheitsverordung) and applicable VDE, VDS, VDI, VDMA, DIN, VbF regulations. Contractor personnel shall be certified by TUEV or equal test organizations. The contractor shall provide all certificates, documents and references proving the qualification of his company, his personnel or his subcontractor’s personnel along with his offer before award of this contract. Not later than (NLT) at the pre-performance conference the contractor shall provide all certificates, documents and references proving the qualification of his company, his personnel or his subcontractor’s personnel to the COR/POC. The qualification of the contractor, his personnel or his subcontractor’s personnel shall be an essential part of contractor’s quality control and quality assurance plan to be presented at the pre-performance conference.

1.6.16 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (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 will 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.

1.6.17 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. 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 furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, 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.

1.6.18 Key Personnel: The follow personnel are considered key personnel by the government: Contract Manager / Alternate Contract Manager. Definition, responsiveness and availability of Contract Manager or alternate Contract Manager see paras 1.6.2 and 1.6.3. Qualifications for all key personnel are listed below: These individuals shall be able to read, write and speak both German and English language.

1.6.19 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will not be required to obtain and wear badges in the performance of this service.

1.6.20 Contractor Travel (Not applicable)

1.6.21 Other Direct Costs: (Not applicable)

1.6.22 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/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.

1.6.23 Organizational Conflict of Interest: 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 Organizational Conflict of Interests (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 mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and 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.

1.6.24 Safety:

The contractor shall comply with all safety and fire regulations as prescribed in pertinent US, European and Host Nation German safety and fire prevention and protection codes, regulations, rules and ordinances.

1.6.24.1 Safety Plan and Program:

The contractor shall forward one completed copy of accident reports (local contractors submit copy of locally required accident report; American contractors submit copy of DA Form 285, Aug 80, United States Army Accident

Investigation Report) to the Contracting Officer NLT 3 contractor workdays after occurrence for all personal injury accidents.

1.6.25 Environmental Compliance:

The contractor shall ensure that all systems covered under this contract operate IAW local, State, Federal and DA air and water pollution control requirements. If handling POL or other environmental sensitive products he shall establish a spill Prevention and Cleanup Plan for handling POL, spill prevention and spill cleanup in cooperation with the Community Spill Coordinator and the fire department.

1.6.25.1 Environmental Compliance Plan and Program: (Not applicable)

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 Definitions:

Contractor - 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.

Contracting Officer - 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) - An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Contractor workday and workweek - Contractor workdays are Monday through Friday, excluding American or Host Nation German Holidays. If the PWS para 5.1 calls for extended workdays the contractor workweek may be extended up to 7 days per week.

Defective Service - A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

Emergency Work - Level II/III repair requirements which constitute an immediate threat to the safety, health or welfare of personnel or damage to Government property.

Equipment in place (EIP) - Any piece of equipment (including components and/or ancillary parts) permanently fixed in place such as, but not limited to pumps, instrumentation (controllers, indicators, recorders, including primary devices), control valves (mixing, pressure, flow), lift devices (hoists and chain falls), hydraulic systems.

Government Workday - 0730 - 1600, Monday thru Friday (American and German Holidays excluded).

Ground fuels and lubricants - Any fuels, lubricating oils and greases required in the operation of vehicles and equipment used in the performance of this contract.

Inspection - An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. The results are usually compared to specified requirements and standards for determining whether the item or activity is in line with these targets, often with a Standard Inspection Procedure in place to ensure consistent checking. Inspections are usually non-destructive. Inspections may be a visual inspection or involve sensing technologies such as ultrasonic testing, accomplished with a direct physical presence or remotely such as a remote visual inspection, and manually or automatically such as an automated optical inspection.

Level I work - Preventive or recurring maintenance performed according to maintenance manuals of manufacturer prepared by the contractor and on a scheduled basis to prevent malfunction, break-down, and deterioration of equipment.

Level II work - Unscheduled repair work limited to maximum hours and/or amount in reimbursable parts, materials and supplies defined in para 5.6.

Level III work - Unscheduled repair work exceeding limits defined under Level II maximum work hours and/or amount in reimbursable parts, materials and supplies defined in para 5.6.

Maintenance - Maintenance is the scheduled, systematic maintenance of components of a system or a piece of equipment in order to extend the life of the equipment and to minimize breakdowns. PM includes inspection, adjustment, cleaning, lubrication, parts replacement, calibration, testing, trouble-shooting and repair for performance. Maintenance is the work, including preventive maintenance, required to preserve and maintain both real property and equipment in such condition that it may be effectively used for its designated functional purpose. Maintenance includes work to prevent damage and wear. Maintenance includes work to sustain components. Examples include replacement of lubricants, hydraulic oil, filters, making necessary adjustments, painting, caulking, sealing and inspection of equipment for defective operation or wear.

Man-Hour - Those hours expended on a repair that is production only. Hours expended awaiting material or personnel and travel time shall not be counted.

Operable condition - That state of repair necessary for an item of equipment in place, to function at its designated capacity and/or efficiency.

Parts and materials shop stock - All parts/materials normally required to perform day to day maintenance and repair work. Types of parts/materials and equipment is usually based upon the manufacturer's or supplier’s spare parts list. Types of parts/materials and supplies stocking levels for manufacturer's recommended stocking levels for reasonable level of other than equipment items, including some hardware items necessary in support of the total maintenance/repair function, is a matter of judgment based upon experience in the trade and availability of sources. "As equal" material must be approved by the COR/POC.

Key Personnel - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

Operation - Manage, use or operate a technical system, facility, equipment or function to achieve a desired result.

Physical Security - Actions that prevent the loss or damage of Government property.

Quality Assurance - The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Evaluator (QAE) - That Contracting Officer designated person(s) responsible for evaluating contractor performance.

Quality Assurance Surveillance Plan (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Recurring maintenance (RM) - Recurring maintenance is that work performed on an recurring schedule such as annual, semiannual, quarterly, monthly, weekly or daily schedule as recommended by the equipment manufacturer or as dictated by a COR/POC approved standard of the industry predominant in trade. Recurring work may also be seasonal work scheduled and completed prior to the maximum utilization of the item.

Repair - Repair is the restoration of equipment and real property to such condition that it may be used for its designated functional purpose. Repair is the overhaul, or replacement of deteriorated component parts or material.

Repair includes correction of deficiencies in failed or failing components of existing facilities, equipment or systems.

Routine work - Level II and Level III, maintenance/repair requirements that do not meet the criteria of urgent or emergency service calls.

Subcontractor - One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Test - A test is a scientific or engineering method, such as a physical test, chemical test, or statistical test. It is a definitive procedure that produces a test result. A test can be considered a technical operation or procedure that consists of determination of one or more characteristics of a given product, process or service according to a specified procedure. The test result can be qualitative (yes/no), categorical, or quantitative (a measured value). It can be a personal observation or the output of a precision measuring instrument. Usually the test result is the dependent variable, the measured response based on the particular conditions of the test or the level of the independent variable.

Trouble shooting work - Those cost in a lump sum CLIN for unscheduled inspecting, testing, searching and defining the nature for a facility/equipment/system failure, break down, or defect. The lump sum cost includes all labor, equipment, material and services as required for the duration of work until reason for break down and labor and material for repair can be defined and repair cost proposal can be provided. The lump sum cost will be paid per facility, equipment or system being broken or defect but once per day only and only if it requires special effort in time, equipment or material to define a failure and if tasked and approved by the COR/POC. Travel cost services are excluded from the lump sum cost for trouble-shooting. Travel cost services for trouble-shooting will be reimbursed separately if the trouble-shooting cannot be performed along with simultaneous ongoing level I recurring maintenance or other level II/III repair work and only if tasked by COR/POC.

Urgent work - Level II and Level III repair requirements which do not immediately endanger the safety, health or welfare of personnel or Government property but which disrupts quality of services in all or a portion of a system may lead to emergency work if not quickly repaired.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical 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 EIP Equipment in place FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary

PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RM Recurring Maintenance TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services The Government will provide the following listed facilities, equipment, materials, utilities and services at no cost to the contractor. Any damages to U.S. Government property caused by the contractor or his personnel shall be repaired or replaced immediately and at no cost to the U.S. Government. Arrangements for repairs to U.S. property shall be made by the contractor and not by the U.S. Government.

3.1 Services: (Not applicable)

3.2 Facilities: (Not applicable)

3.3 Utilities: The Government will provide all utilities at no cost. The Contractor shall instruct employees in utilities conservation practices. All utilities connections to contractor furnished facilities or equipment shall be the responsibility of the contractor through coordination with the COR/POC and the cost for the connections be included herein. Utilities are free of charge at given fixed installed locations where available. Provision of meters if required for metering the consumption of water, and/or heat, electricity is not Government furnished. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: (Not applicable)

3.5 Materials: (Not applicable)

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2 Secret Facility Clearance: (Not applicable)

4.3 Materials:

4.3.1. NON-REIMBURSABLE

The contractor shall furnish following material as necessary to support his own or subcontractor personnel, equipment, vehicles.

4.3.1.1. Administrative office supplies and postage, copies and special forms.

4.3.1.2. Custodial supplies (Tags, paper, towels, soap, broom, shovel, toilet paper, working gloves and clothes, dust masks, vacuum cleaner bags)

4.3.1.3. Vehicle/equipment repair shop, supplies, and expendables.

4.3.1.4. Vehicle/equipment ground fuels and lubricants.

4.3.1.5. Vehicle/equipment maintenance/repair parts and supplies.

4.3.1.6. Utility meters for metering the consumption of heat, water and electricity if required

4.3.1.7. Any material necessary to connect contractor furnished equipment or material either reimbursed or none reimbursed to Government furnished utilities.

4.3.1.8. All usage parts and material used in the inspection, tests, load tests, operation, trouble-shooting and level I maintenance work up to a specific limit value per system (specific limit value definition para 5.3.1; system definition para 5.4)

4.3.1.9. Provision of materials as described under Para. 5.9.3., 5.9.6.

4.3.2. REIMBURSABLE

4.3.2.1. All parts and material used in the inspection, tests, operation, trouble-shooting and level I maintenance work exceeding a specific limit value per system (specific limit value definition para 5.3.1; system definition para 5.4) as described in this contract and as tasked and approved by

COR/POC.

4.3.2.2. All parts and material used in the level II/III repair work per system as described in this contract and as tasked and approved by COR/POC/KO.

4.4 Equipment:

4.4.1. NON-REIMBURSABLE

4.4.1.1. Hand tools.

4.4.1.2. Hand power tools.

4.4.1.3. Electronic communication equipment.

4.4.1.4. Conventional and special measuring and testing equipment.

4.4.1.5. Custodial equipment, hand and power (vacuum cleaning).

4.4.1.6. Office furniture and machines.

4.4.1.7. Vehicles, as required to perform all tasks described under this contract.

4.4.1.8. General, special or auxiliary equipment such as lifting platforms, cranes, scaffolding, ladders, stages, personnel protection equipment of any type as required performing all tasks described under this contract.

4.4.1.9. Operating, measuring, testing, maintaining, parameterizing, repair and other auxiliary equipment, computer hard and software, including licenses for each type of device to be adopted, upgraded, parameterized, reconfigured, programmed, operated, inspected, maintained or repaired

4.4.2. REIMBURSABLE

(Not applicable)

4.5 Service:

4.5.1. NON-REIMBURSABLE

4.5.1.1. Commercial/mobile communication

4.5.1.2. Obtaining manufacturer’s operation/maintenance/repair manuals for contractor’s use within this contract and for all systems listed in this PWS.

4.5.1.3. Cleaning of Government or contractor furnished facilities, equipment and work sites if desired by

COR/POC as a result of the contractor performed inspection, tests, operation, trouble-shooting and level I/II/III maintenance and repair work as described in this contract.

4.5.1.4. Provision of results/reports/protocols of inspection, test, measuring, maintenance, trouble-shooting and repair reflecting the condition of the system, operability and possible damages or deficiencies per facility, system or equipment as described in this contract.

4.5.1.5. Provision of services as described under Para. 5.10.

4.5.1.6. Provision of oral and written cost proposals for each level I maintenance or level II/III repair work in detailed manner, listing number and cost of man-hours, number, type and cost per spare part based on manufacturer’s price list or supplier’s cost proposals, including eventually freight and/or packaging cost, less any discount plus contractor’s profit fee as outlined in MATERIAL CLIN.

Written cost proposals shall be in English and German language.

4.5.1.7. Removal and disposal of broken or defective material at an authorized disposal site and IAW legal host nation waste disposal law. Old, replaced or abandoned computer hardware and software must be turned over to the COR/POC.

4.5.1.8. Travel cost for any inspection, tests, operation or level I maintenance work.

4.5.2. REIMBURSABLE

4.5.2.1. All services as specified under level I recurring maintenance work will be reimbursed under the respective CLINs for level I recurring maintenance work only if tasked and approved by the COR/POC. The contractor is not entitled to perform level I maintenance work in a consistent and sequenced timely or location manner. There might be reasons for the Government to preclude this such as mission, operational or personnel reasons. Further the Government reserves the right to task the contractor to simultaneously perform partial or all level I/II/III maintenance/repair or trouble-shooting work if deemed to be in the best interest of the Government.

4.5.2.2. All services as specified under unscheduled level II/III repair work will be reimbursed under the respective CLINs for unscheduled level II/III repair work only if tasked and approved by KO or COR/POC. The contractor is not entitled to perform level II/III repair work in a consistent and sequenced timely or location manner. There might be reasons for the Government to preclude this such as mission, operational or personnel reasons. Further the Government reserves the right to task the contractor to simultaneously perform partial or all level I/II/III maintenance/repair or trouble-shooting work if deemed to be in the best interest of the Government.

4.5.2.3. If specified trouble-shooting services will be paid in a lump sum CLIN for unscheduled inspecting, testing, searching and defining the nature for a facility/equipment/system failure, break down, or defect. The lump sum cost includes labor cost including per diem allowance, any equipment cost as defined in PARA 4.4.1, material cost as defined in PARA 4.3.1 and services cost as defined in PARA 4.5.1 as required for the duration of work until reason for break down and labor and material for repair can be defined and repair cost proposal can be provided. The lump sum cost will be paid per system being broken or defect but once per day only and only if it requires special effort in time, equipment or material to define a failure and if tasked and approved by the COR/POC. Travel cost services are excluded from the lump sum cost for trouble-shooting.

Travel cost services required for trouble-shooting will be reimbursed separately if the trouble-shooting cannot be performed along with simultaneous ongoing level I recurring maintenance or other level II/III repair work and only if tasked by COR/POC. The contractor is not entitled to perform trouble-shooting work in a consistent and sequenced timely or location manner. There might be reasons for the Government to preclude this such as mission, operational or personnel reasons. Further the Government reserves the right to task the contractor to simultaneously perform partial or all level I/II/III maintenance/repair and trouble-shooting work if deemed to be in the best interest of the Government.

4.5.2.4. If specified travel cost services will be paid for unscheduled level II / III repair work or for trouble-shooting work once per day max, if repair work or trouble-shooting work cannot be performed along with level I recurring maintenance work. Travel cost services are consolidated in a lump sum CLIN which arrives for the contractor’s one time travel from the contractor’s home site to the work site and return. The lump sum cost includes any vehicles and personnel required for the repair service for the duration of travel including cost for vehicles, fuel, and per diem and lodging allowance for personnel.

4.5.2.5. Sub-contracted repair services

The contractor may at his option perform repair work by subcontractor personnel, however all time and material costs, arising from using the subcontractor will be compensated only according the CLIN's of this contract.

PART 5

SPECIFIC TASKS

5.0 GENERAL:

Services of the contractor comprise all labor and incidental costs which arise for the administration, control, supervision, planning, operation, inspection, testing, transportation, maintenance, trouble-shooting, repair and replacement of parts and material.

5.1 WORKING HOURS:

Regular contractor workdays are Monday through Friday, from 0730 - 1600 hours daily, excluding

American or Host Nation German Holidays for inspection, tests, operation, maintenance, trouble-shooting and level I/II/III maintenance/repair work.

A maximum lead time of 14 calendar days for level I maintenance work shall be sufficient for contractor planning purposes. COR/POC will coordinate dates and times with contractor but will determine dates and times if no agreement may be achieved.

COR/POC will notify the contractor verbally, via electronic mail or in writing and will coordinate dates and times with contractor. Contractor shall be on the work site no later than (NLT) next workday after notification.

5.2 PAYMENT FOR WORK PERFORMED ONLY:

The contractor will be paid for recurring/preventive maintenance level I work or unscheduled level

II/III repair work only if tasked by the COR/POC and if actually accomplished. The Government reserves the right not to perform partial or all level I/II/III maintenance or repair work if deemed to be in the best interest of the Government. Level I/II/III maintenance or repair work not executed shall not entitle the contractor a claim for loss of profit.

5.3 SPECIFIC LIMIT VALUES:

5.3.1. MATERIAL

5.3.1.1 Non-Reimbursable / Reimbursable

The specific limit value for inspection, tests, operation, trouble-shooting and level I maintenance work within this contract is 100€.

5.3.1.2 Approval

The specific limit value requiring K.O. approval within this contract is 2000€.

5.3.2. SERVICE

5.3.2.1 Approval

The specific limit value for repair work requiring K.O. approval within this contract is 10 man-hours.

5.4 SYSTEM:

Within the scope of this contract a system is defined as 1 ea crane, vehicle lift, hydraulic or other system including all associated components.

5.5 RECURRING MAINTENANCE ‐ LEVEL I (RM):

5.5.1. The contractor shall schedule and perform recurring maintenance (RM) for all systems as requested by the COR/POC and in accordance with (IAW) this PWS and the manufacturer’s maintenance manuals. In case the contractor cannot obtain manufacturer’s maintenance manuals he may perform recurring maintenance IAW recognized high standards of the particular industry which is predominant in the trade. Contractor shall proof to the COR/POC that those standards are not less than manufacturer’s requirements.

5.5.2. The contractor shall develop a RM plan as recommended by the equipment manufacturers, and/or as…