PWS-FINA.pdf

PERFORMANCE WORK STATEMENT (PWS)

Refuse Collection and Disposal and Operation of a Main Sorting Center

At

United States Army Garrison (USAG) Bavaria-Hohenfels

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide refuse collection, disposal services, collection and disposal of recyclable items, i.e. paper, cardboard, metal cans, glass, scrap metal including concertina wire, used tires, fluorescent light tubes, lead batteries, mixed plastic, mixed electronics, bulk trash, Styrofoam, wood, compound materials, garden waste, as well as, acceptance of used refrigerators at USAG Bavaria-Hohenfels. Also included is the operation of Hohenfels’ main Sorting Center.

1.2 Background: Provide Refuse Collection and Disposal as well as operation of a main sorting center. Contract comprises rental of refuse, recycling containers, collection of refuse and recycling material, transportation of refuse and recycling materials to Graf shredding plant, operation of Main Sorting Center, operation of interim storage area for construction debris, refuse/recycling support of training units within USAG Bavaria- Hohenfels and Amberg LTA. Garrison part has been stable in cost and tonnage of disposal and weight during the past 5 years. The contract is specifically tailored to the specific needs of the training rotations held at Hohenfels.

1.3 Scope: The Contractor shall provide non-personal service(s) of refuse collection, disposal services, collection and disposal of recyclable items, i.e. paper, cardboard, metal cans, glass, scrap metal including concertina wire, used tires, fluorescent light tubes, lead batteries, mixed plastic, mixed electronics, bulk trash, Styrofoam, wood, compound materials, garden waste. as well as, acceptance of used refrigerators at USAG Bavaria-Hohenfels and the operation of the Hohenfels’ main Sorting Center as described in the PWS and associated contract documents.

1.4 Objectives: Refuse Collection and Disposal as well as operation of a main sorting center.

1.5 Period of Performance: The period of performance reads as follows:

Base Year: 01 July 2018 – 30 June 2019 First Option: 01 July 2019 – 30 June 2020 Second Option: 01 July 2020 – 30 June 2021 Third Option: 01 July 2021 – 30 June 2022 Fourth Option: 01 July 2022 – 30 June 2023

1.6 General Information

1.6.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) for review with the contractor’s proposal according to TE # B, Deliverable Schedule # A001.

If the Government has provided comments, the Contractor shall then have twenty (20) calendar days to submit a Final QCP.

After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than five (5) calendar days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all timelines, deadlines, and goals?

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

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

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.8 Key Control)?

f. How will the Contractor inventory and track maintenance of all Government Provided Equipment / Materials?

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

h. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

1.6.1.1 “Reserved”.

1.6.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within one (1) working hour of identifying those issues. Verbal reports shall be followed up by written reports within three (3) working days according to TE B, Deliverables Schedule # A002.

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

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

1.6.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

1.6.3.2 Host Nation Holidays: Collection and transportation of refuse shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. However, the Main Sorting Center shall be operated during Host Nation Holidays.

1.6.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. At Grafenwoehr landfill the Hohenfels refuse will be treated and then transported to the incineration plant at Schwandorf. Operation hours are: MON - FRI from 0800 – 1400 hours during normal work days, without SAT, SUN and German holidays. The treatment of refuse at Grafenwoehr, transportation to Schwandorf and the incineration fees are covered by different contracts and are not subject of this contract. Please refer to the following.

The pick-up days shall be observed and if any coincidence with German holidays, the pickups shall be done on the following weekday.

1.6.4.1 Government Facility Office Hours: The Government facility office hours are from 0730 to 1600 hours, Monday through Friday except U.S. Holidays and Host Nation Holidays identified in paragraph 1.6.3.1 and 1.6.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4.2 Government Facility Operating Hours: The Government facility operating hours for the Government vehicle scale in Hohenfels (Bldg. 25) are from 0800 to 1200 and 1245 to 1530 hours from Monday through Friday except U.S. Holidays and Host Nation Holidays identified in paragraph 1.6.3.1 and 1.6.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Main Sorting Center operating hours are Monday through Friday 0700 to 1500 and Saturday 1100 through 1500. The Main Sorting Center shall be operated during U.S Holidays and Host Nation Holidays.

1.6.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730 to 1600 hours from Monday through Friday. 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. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. For services performed at training rotation sites, workdays shall be from 0600 through 2000 Monday through Sunday except German Holidays as required by single task orders.

1.6.4.3.1 Contractor Work Plan: “Reserved”

1.6.5 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.

1.6.6 Place of Performance: USAG Bavaria Hohenfels located near the town of Hohenfels, approximately 60 kilometers Southeast of Nürnberg, in the Southeast area of the Federal Republic of Germany.

1.6.7 Type of Contract: Requirements Contract

1.7 Security Requirements: The following information is provide on security related matters.

1.7.1 Security Program: “Reserved”

1.7.2 Personnel Security Clearance Requirements: “Reserved”

1.7.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and ae 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 (and AE 190-16-G German translation) can be found on the following website:

http://www.bavaria.army.mil/docs/AER-190-16.pdf,;,http://www.eur.army.mil/aepubs/publications/AER190-16- G.pdf?publisheddate=20170427

1.7.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log at the Post Award Conference or within ten (10) calendar days after contract award, if no Post Award Conference will be conducted (TE # B, Deliverables Schedule A003). The log must at a minimum contain the following information: Last Name, First Name, Date of Birth, Identification Card Number, and Country of Citizenship. The log shall be updated as employees are added or removed.

The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log (TE # B, Deliverables Schedule A004). B, Deliverables Schedule A004). The Contractor shall provide a vehicle list to the COR within ten (10) calendar days after contract award (TE # B, Deliverables Schedule A005) containing the following information: Manufacturer, Year of Construction, and License Plate Number. The Contractor shall provide the vehicle list of all privately-owned vehicles and official vehicles that will be used for this requirement

1.7.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within two (2) days.

http://www.bavaria.army.mil/docs/AER-190-16.pdf http://www.eur.army.mil/aepubs/publications/AER190-16-G.pdf?publisheddate=20170427 http://www.eur.army.mil/aepubs/publications/AER190-16-G.pdf?publisheddate=20170427

1.7.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within one (1) day.

1.7.3.4 Common Access Cards (CAC): Reserved

1.7.3.4.1 Reserved

1.7.4 Background Checks: The following provides information pertaining to background checks for U.S. and Host Nation Contractors

1.7.4.1 U.S. Citizen: “Reserved”

1.7.4.2 Local Nationals and Third Country Nationals: “Reserved”

1.7.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

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

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

These procedures shall be included in the Quality Control Plan.

1.8.1 When the Main Sorting Center is handed over to the Contractor, one complete set of keys of the master locking system for the Main Sorting Center will be handed over. The COR will be in possession of two master keys and the CFE-Commission of one master key. The Contractor shall guarantee that the Main Sorting Center will be accessible with these master keys during hours of operation as specified in paragraph 1.6.4.2. The replacement of locking cylinders shall be coordinated with the COR.

After termination of contractual relationship the original state shall be restored by the Contractor

1.9 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.

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

1.10 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 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.

1.11 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager and Alternate Contract Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work.

The name of this person and an Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer with the contractor’s proposal (TE # B, Deliverables Schedule A006). The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available via phone or email that have been identified in paragraph 1.6.4.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contract Manager shall have a minimum of 3 years’ experience in the trade and shall be a TUEV certified Waste Management Specialist (Betriebsbeauftragter fuer Abfallwirtschaft). This certificate must be provided with the proposal (TE # B, Deliverables Schedule A007) . The Contract Manager shall be able to communicate in both written and spoken English. The contractor shall be able to read and understand regulations, operating instructions, memoranda, and related material concerning the field of work, to prepare correspondence and standardized reports, and to communicate effectively with English-speaking staff members and the public, including both English speaking and non-English speaking persons.

b. Special Qualifications: The Contractor shall be an accredited waste management company for collection, transportation, storage, handling, recycling and disposal of hazardous material according to the Closed-Cycle Material Management Law (former named German Waste Disposal Law) and Water Resources Act (WRA). This certificate must be provided with the proposal. The contractor’s lead-personnel shall have a minimum of 3 years’ experience with the handling of hazardous material and goods and in the operation of heavy duty vehicles. Contractor’s personnel operating heavy duty vehicles shall have training certificates (Weiterbildung betriebliche Ausbildung fuer Flurfahrzeuge, Level 3). The contractor shall provide certificates, documents and references proving the qualification of the contractor’s company, personnel and subcontractor’s personnel at the pre-performance conference (TE # B, Deliverables Schedule A008). Qualification and training must be recognized by host nation or EU authorities.

1.12 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 will not be required to obtain and wear badges in the performance of this service. 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. The staff of the Main Sorting Center shall wear uniform clothes during the working hours. The company nameplate and the staff name plate shall be displayed on the clothes. The company nameplate shall have a height of at least 5 cm and a width of at least 10 cm. The company nameplate and the staff nameplate shall have a color, which is clearly marked off the clothes and shall be legible from a distance of 3 m.

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: “Reserved”

1.17 Non-Disclosure Statements: “Reserved”

1.18 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 (TE # B, Deliverables Schedule A009). 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.

1.19 Phase In /Phase Out Period: “Reserved”

1.20 Safety: “Reserved”

1.20.1 Host Nation Safety Laws and Regulations: “Reserved”

1.20.1.2 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, no later than two (2) workdays (TE # B, Deliverables Schedule A010) that such notifications were made.

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

1.21.1 Environmental Compliance Plan and Program: The contractor shall ensure that services covered under this contract are performed in accordance with (IAW) U.S., German, Department of the Army, and Garrison Environmental Plans and Requirements, see, http://www.bavaria.army.mil/environmental/index.html. The contractor shall ensure that any on-site container cleaning will not cause any pollution. The contractor shall notify the COR within one (1) hour upon hazardous materials spillage.

At the contractor’s expense, the contractor shall be responsible for the prompt and proper cleanup and disposal of non-hazardous or hazardous materials spills. The contractor shall ensure non-hazardous and hazardous material is disposed at an authorized disposal site and IAW host nation waste disposal laws.

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

1.22.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) calendar days (TE # B, Deliverables Schedule A011) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or five

(5) calendar 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 (TE # B, Deliverables Schedule A012) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within five (5) calendar 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

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within five (5) calendar days after completion of the training (TE # B, Deliverables Schedule A013).

http://www.bavaria.army.mil/environmental/index.html https://jkodirect.jten.mil/

1.22.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within 30 calendar days of employment under this contract (TE # B, Deliverables Schedule A014). Verification of the training shall be provided to the COR within 3 work days after completion of the training (TE # B, Deliverables Schedule A014). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (TE # B, Deliverables Schedule A015). Verification of the training shall be provided to the COR within 3 work days after completion of the training (TE # B, Deliverables Schedule A015).

1.22.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be 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 thirty (30) calendar days after the contract is awarded and within five (5) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded and within five (5) calendar days after new employees commence contract performance (TE # B, Deliverables Schedule A016). Verification of the training shall be provided to the COR within five (5) calendar days after completion of the training (TE # B, Deliverables Schedule A016). Training slides can be found on the Army OneSource we site:

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

1.22.4 Information Assurance (IA) Training Reserved

1.22.5 Personally Identifiable Information (PII): Reserved

1.23 Authorization to Perform Services in Germany

1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.23.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.24 Notice to Proceed: Reserved

1.25 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2004/108/EC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.26 Government Property and Services: see Part 3.1 through 3.5 of this PWS.

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

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 in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property - means all property owned or leased by the Government. Government property includes both Government-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.

Key Personnel – means certain skilled experienced professional and technical personnel who are essential for successful Contractor accomplishment of the work to be performed under this contract. Key personnel are those persons whose resumes were submitted for evaluation of the proposal. The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with this paragraph. 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. If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by the Contracting Officer to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof in writing. If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

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

Work Week - Monday through Friday, unless otherwise specified.

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

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card

CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit USAREUR U.S. Army Europe UOM Unit of Measure WRA Water Resource Act

2.3 Terms and Abbreviations

AbfKoBiV Abfallwirtschftskonzept- und –bilanzverordnung Waste Management Concept and Balance Ordinance AbfverbrG Abfallverbringungsgesetz Waste Disposal and Recycling Law AG Auftraggeber Contracting Agency AN Auftragnehmer Contractor ASiG Arbeitsschutzgesetz

Worker's Safety Law BayWG Bayerisches Wassergesetz Bavarian Water Law BImSchG Bundes-Immissionsschutzgesetz German Federal Law on the Prevention of Intromissions BPG Bau- und Pruefgrundsaetze Construction and Testing Regulations CFE Conventional Forces Europe COR Contracting Officer's Representative DIN Deutsche Industrienorm German Industrial Standard DPW Directorate of Public Works EAK Europaeischer Abfallkatalog European Waste Catalogue ElexV Verordnung ueber elektrische Anlagen in explosionsgefaehrdeten Bereichen

Ordinance on Electrial Installations in Locations Liable to Contain Explosive Mixtures EfbV Entsorgungsfachbetriebeverordnung Ordinance for Companies Specialized in Disposal Activities EMO Environmental Management Office ExRl Explosionsschutzregeln Explosion Protection Rules CFC Chlorofluorocarbons GefStoffV GefaHRStoffverordnung Ordinance on Hazardous Materials GbV Gefahrgutbeauftragtenverordnung Ordinance on Authorized Hazardous Substances Representatives GGVS Gefahrgutverordnung Strasse Ordinance on Hazardous Materials Transport on Roads Krw-/AbfG Kreislaufwirtschafts- und Abfallgesetz Recycling and Waste Law NachwV Nachweisverordnung Ordinance on the Obligation to Produce Supporting Documents OM Operational Manual PC Personal Computer PCB Polychlorinated biphenyls PDA Personaldekontaminationsanlage Staff Decontamination Facility PS Polystyrene PVC Polyvinyl chloride StVO StrassenverkeHRSordnung Road Traffic Regulations TA-Abfall Technische Anleitung Abfall Technical Regulations for Waste TgV Transportgenehmigungsverordnung Transport Permit Ordinance TRbF Technische Regeln fuer brennbare Fluessigkeiten Technical Rules for Combustible Liquids TRGS Technische Regeln fuer GefaHRStoffe Technical Rules for Hazardous Materials US United States UVV Unfallverhuetungsvorschriften Accident Prevention Regulations VAwSF Verordnung ueber Anlagen zum Lagern, Abfuellen und Umschlagen wassergefaehrdender Stoffe und die Zulassung von Fachbetrieben Ordinance Concerning Facilities Used to Store, Fill and Handle Water-Polluting Substances and the Admission of Specialized Companies

VbF Verordnung ueber brennbare Fluessigkeiten Ordinance on Combustible Liquids VBG Bezeichnung fuer Unfallverhuetungsvorschriften der Berufsgenossenschaften

Accident Prevention Rules of the Trade Associations WHG Wasserhaushaltsgesetz

Water Management Act

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: The Government will provide a manned weight scale at Bldg. # 25, USAG Hohenfels and at the sanitary landfill in Grafenwoehr.

3.1.1 The Government will provide weighing services at no expense to the Contractor for their designated pickup vehicles.

The Contractor shall weigh vehicles before pickup and after pickup. At each weighing, the Contractor will be provided a “weight” ticket by the Government. The collected non-recyclable waste is transported directly to the US-Army installation at Grafenwoehr without transshipping. At Grafenwoehr all delivered non-recyclable waste is shredded in the US-Army owned crushing station and then disposed of. All waste that leaves Hohenfels and is transported by the Contractor must be weighed at the US-Army owned scale at building # 25 as basis for billing.

NOTE: When the scales are closed, down for calibration or repair, the Contractor, at own expense, shall have their vehicles weighed off-post. The Contractor shall obtain before pickup and after pickup “weight” tickets from the off-post weighing service provider.

The Government will provide cultivation of green areas on the Main Sorting Center, inspection and maintenance of manual fire extinguishers and instruct the Contractor in the operational equipment of the Main Sorting Center

3.1.2 The Contractor will be equipped with an US-Army phone line, internet and e-Mail connections at the Main Sorting Center, which makes the Contractor reachable during work hours identified in paragraph 1.6.4.2.

3.2 Facilities:

3.2.1 The Government will provide a sanitary landfill in Grafenwoehr located approximately 3 km from the Grafenwoehr Main Post. The instructions of the government personnel on the landfill shall be followed. Refuse disposal shall be performed only during the operating hours of the Grafenwoehr landfill identified in paragraph 1.6.4.

3.2.2 The Government will provide the Main Sorting Center at Camp Nainhof. Bldg # 125 and # 105 for use by the Contractor.

3.2.3 The Government provides an interim storage site. The interim storage site is located approximately 400 m from the existing Main Sorting Center near Bldg. # 25, Camp Nainhof and approximately 600 m northeast of Camp Albertshof (Map of site location is attached as Encl. Attachment 9). The site is accessible from the main tank road. This Government site consists of and includes a flat hard surface area with an approximately size of 55 x 100 sqm, surface made of asphalt with a designated loading/unloading area, which is made of concrete, a solid type fence around the construction debris area, to include a big vehicle access gate and one small personnel gate, an Office Container to allow for proper record keeping, weather protection for inspection personnel and some electrical control panels installed, Military Telephone connection to enable communication between inspection personnel and supervisor as well as with the COR, separating bins within the interim storage…