1st_Amendment_W912PB18Q3088-0001.pdf

0011180838

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See attached Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Aug-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PB18Q3088

X 9B. DATED (SEE ITEM 11)

12-Jul-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Aug-2018

CODE

RCO BAVARIA

AMERIKANISCHE BESCHAFFUNGSSTELLE

GEB 542

92655 GRAFENWOEHR LAGER

GERMANY

W912PB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PB18Q3088

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SECTION SF 1449 - CONTINUATION SHEET

POINTS OF CONTACT:

CONTRACT SPECIALIST:

Yvonne Schmalzreich Phone: 475-5225 (09641-83-5225) Telefax: 475-8558 (09641-83-8558) E-mail: yvonne.v.schmalzreich.ln@mail.mil

Short Description of Requirement: Environmental Resource Program

SUMMARY OF CHANGES

The purpose of this amendment is as follows:

1. To reopen and extend the closing date of the solicitation to 29 August 2018, 10:00AM.

2. To delete § 32 SprengG out of PWS (1.11.1 Special Qualifications).

3. To delete § 32 SprengG out of Clause 52.212-2 Evaluation – Commercial Items.

4. To delete § 32 SprengG out of the Addendum to provision 52.212-1.

The following have been modified:

ADDENDA

Addendum to provision 52.212-1:

The following shall apply to this solicitation in addition to those terms and conditions in FAR provision 52.212-1.

The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (a) - Small business size standard does not apply to this solicitation.

Paragraph (b) - A single contract will be awarded on an ALL OR NONE basis. Any exceptions made to any of the items and conditions of the offer must be stated in a separate letter of transmittal that is to accompany the offer.

The person signing the proposal must initial any erasures, cross outs or changes made. All information should be typed or neatly in ink. Exceptions, as offered, if accepted by the Government, become part of the contract.

Paragraph (c) - Period for Acceptance of Offers is changed to read:

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (h) - Multiple awards: ONLY ONE CONTRACT AWARD will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation:

- Award of this contract will be on a Low Price Technically Acceptable (LPTA) basis pursuant to the award criteria stated in FAR provision 52.212-2.

Since it is the Government’s intent to award without discussions, per FAR provision 52.212-1(g), offerors are cautioned to examine this solicitation in its entirety and to ensure that their proposal contains all necessary information, provides all required documentation, and is complete in all respects. However, the Government reserves the right to conduct discussions, if determined necessary.

INSTRUCTION TO OFFERORS

- Complete blocks 17 and 30 of the Standard Form 1449.

- The Offeror shall submit the following for evaluation as part of their proposals which will be evaluated in accordance with FAR 52.212-2 of this solicitation.

Factor 1: Technical Acceptability

Offeror shall submit the following documentation and information:

Subfactor 1: A resume reflecting possession of a bachelor degree (or equal) in a biological sciences discipline, school record, or other document showing the educational qualifications of the individual(s) that will be conducting the work under this contract.

Subfactor 2: A resume detailing the professional experience of the individual(s) that will be conducting the work under this contract.

Subfactor 3: A statement from the offeror that it is aware that field work will be conducted in an active military training location and expressing its commitment to follow all necessary safety prescriptions.

Subfactor 4: A copy of current and valid certifications in accordance with §§ 7 and 20 SprengG, which state the qualifications of the company to remove unexploded ordnance (UXO).

Subfactor 5: A list of previous projects conducted by the offeror demonstrating the following experience:

1) At least three previous examples of invasive species management, vegetation management, and TES protection measures performed by the offeror within the last five years.

2) At least three previous projects requiring the coordination of field work in Surface Danger Zones (SDZ) or other live fire training areas in Europe within the last five years.

One contract may satisfy experience in both of the above categories and may appear on both lists. For each project, the list must include a short description of the work performed, a contract number (if applicable), and contact information for a point of contact where the work was performed.

Factor 2: Past Performance

Offeror shall submit a list of at least three (3) former projects that are similar in size and scope to the requirements of the solicitation to demonstrate the contractor’s ability to perform the task outlined in the solicitation. The list shall also state contractor's experience in coordinating field work in Surface Danger Zones (SDZ) or other live fire training areas in Europe. All past performance information for relevant contract shall be submitted with the following minimal information.

Contract Number:

Organizational Point of Contact and Telephone:

Email Address:

Description of Service Performed:

Contract Value:

Factor 3: Price

- Enter CLIN (and ELIN, if any) price information in the Schedule. The price proposal shall be prepared in accordance with these instructions, and will be evaluated in accordance with FAR provision 52.212-2 as contained in this solicitation. The offeror’s price will be calculated by adding the total of all CLIN/SLIN/ELIN extended prices. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to the intended offer and the total recomputed accordingly. If the offer provides a total amount for a contract item but fails to enter the unit price, the amount divided by the specified quantity will be held to be the intended unit price.

- Offerors are cautioned that an unrealistically low price, or unbalanced pricing of line item, as proposed initially or subsequently, may be a ground for eliminating a proposal from the competitive range, either on the basis of offeror does not understand the required service, or he/she has made an imprudent offer.

- If this contract require Contractor Manpower Reporting (CMR). Offeror will determine in Schedule of Supplies-Services, CLIN(s), to price or not-separately-price (NSP) the CMRA requirement. CLIN(s) 75xx shall be the CLIN(s) under which the contractor shall bill for all costs associated with the CMRA requirement. If the offeror proposes to report this data at no additional costs to the Government, the offeror shall indicate “NSP” in the space provided in Schedule of Supplies-Services for the CMRA CLIN(s). No entry will be considered “NSP” and “0.00” will be used for evaluation purposes.

- Offerors shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website at http://www.sam.gov. (SEE INSTRUCTION ON THE FIRST PART OF THIS

SOLICITATION)

- This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

- All questions regarding this solicitation shall be submitted by E-mail to the Point of Contact stated elsewhere herein. The applicable PWS/SOW paragraph numbers or solicitation reference shall process questions. The Government requests that questions shall be requested no later than 5 working days after the issuance of the solicitation to allow the Government sufficient time to respond prior to the closing date. The Contracting Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment to Federal Business Opportunities (FedBizOpps) (https://www.fbo.gov/). Offerors are responsible to watch the web site for postings of amendments, answers to questions, and other instructions/information, if any.

- Offers are due at the ISSUED-BY office, shown in block 8 as stated in the “OFFER DUE DATE” block on page 1 of this document. Local Time means Central European Time (or Summer Time, as appropriate).

- Offerors are responsible to provide their proposals to this office before the specified date and time.

Proposals will NOT be picked up by RCO personnel at the Gate. Offerors are encouraged to submit offers via email. FAX submission is also authorized; however, offerors are responsible for ensuring that their offer is actually received by this office.

Courtesy Translation:

Anbieter sind verantwortlich, Angebote vor dem angegebenen Zeitpunkt zu diesem Buero zu bringen.

Angebote werden NICHT an der Wache abgeholt. Anbieter sind aufgefordert, Angebote via E-Mail zu senden. FAX Übermittlung ist möglich, allerdings sind die Anbieter verantwortlich sicherzustellen, dass das Angebot von diesem Buero erhalten wurde.

- Offers are to be provided with only 2-digit decimals after the Comma. More than 2-digits will need to be shortened by this office.

- US Companies are encouraged to provide US Dollar offers only as otherwise serious payment problems may occur.

- Offerors are required to provide their offers/comments in the English language. Non-compliance may result in rejection of offers.

Courtesy Translation:

Anbieter sind gehalten, die Angebote in englischer Sprache abzugeben. Nichtbeachtung kann zum Ausschluss des Angebotes führen.

- Please return only those pages where entries have been made.

Courtesy Translation:

Bitte nur die Seiten zuruecksenden, auf denen Eintraege gemacht wurden.

Complete the following clauses:

FAR provision 52.212-3 (ALT I) “Offeror Representations and Certifications”

(This provision does not have to be completed (except paragraph (b)) if you have an active SAM registration)

DFARS clause 252.229-7001 “Tax Relief”

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical

2. Past Performance

3. Price

Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors.

Factor 1: Technical

The Technical rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the offeror’s proposal against the technical requirement.

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

An offer must be rated acceptable on all Technical Subfactors to receive an overall rating of acceptable in Factor 1:

Technical. An unacceptable rating on any Technical Subfactor renders the offer technically unacceptable and ineligible for award.

Subfactor 1: The offer will be rated acceptable under this subfactor if it includes a resume, school record, or other document that demonstrates that the individual(s) that will conduct the work under this contract has at least a Bachelor’s degree (or equivalent) in a biological sciences discipline.

Subfactor 2: The offer will be rated acceptable under this subfactor if it includes a resume or other document that demonstrates that the individual(s) that will conduct the work under this contract has at least 5 years of professional experience in Germany similar to the work to be performed under this contract.

Subfactor 3: The offer will be rated acceptable under this subfactor if it includes a statement that the offeror is aware that field work will be conducted in an active military training location and expressing its commitment to follow all necessary safety prescriptions.

Subfactor 4: The offer will be rated acceptable under this subfactor if it includes current and valid certifications in accordance with §§ 7 and 20 SprengG, which state the qualifications of the company to remove unexploded ordnance (UXO).

Subfactor 5: The offer will be rated acceptable under this subfactor if it submits documentation establishing that the offeror has the minimum necessary experience. Under this subfactor, minimum necessary experience is:

1) at least three previous projects for invasive species management, vegetation management, and TES protection measures.

2) at least three previous projects requiring the coordination of field work in Surface Danger Zones (SDZ) or other live fire training areas in Europe.

Factor 2: Past Performance

The Past Performance rating will be based on an “Acceptable” / “Unacceptable” basis. The following definitions will be used in evaluating the degree the offeror will satisfactorily provide the required services based on past and current performance records. An Acceptable or Unacceptable rating will be determined as follows:

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Offeror shall submit a list of at least three (3) former projects within the last five (5) calender years from the issuance date of the Request of Proposal that are similar in size and scope to the requirements of the solicitation to demonstrate the contractor’s ability to perform the task outlined in the solicitation. The list shall also state contractor's experience in coordinating field work in Surface Danger Zones (SDZ) or other live fire training areas in Europe. All past performance information for relevant contract shall be submitted with the following minimal information.

Contract Number:

Organizational Point of Contact and Telephone:

Email Address:

Description of Service Performed:

Contract Value:

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

a. Past Performance Information: The information presented in the Past Performance References and information obtained from other available sources other than those identified by the Offeror (such as past performance information obtained from Federal, State and local Government agencies, better business bureaus, published media, and electronic data bases available to the Government) will be the basis for evaluation of this factor.

b. Past Performance Evaluation: The Government will consider the offeror’s previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation. Recent is defined for this action to be contracts that were performed within the last five (5) calendar years from the issuance date of the Request for Proposals (RFP). Relevant contracts include individual contracts that are similar, in whole or in part, to this solicitation, including contracts performed by a teaming partner or subcontractor.

c. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld.

d. It is at the Government’s discretion to determine whether past performance information furnished is or is not considered similar to the size and scope of the present requirement. Should the offeror have no past performance information the Government will assign a rating of “Acceptable.”

e. Offerors are cautioned that, in conducting the past performance assessment, the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving an “acceptable” past performance rests with the offerors.

f. Offerors may provide information on problems encountered on the contracts identified in their past performance submissions and the offerors’ corrective actions.

Factor 3: Price:

a. The total evaluated price shall be the sum of all CLIN prices listed in the schedule for the base year, all option years, and an additional six months of service possible under FAR 52.217-8. To account for the option period(s) possible under Clause 52.217-8 (maximum six months). Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS (base plus all option periods). This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars.

The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price proposal.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3.

(b) Options:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months).

Option to Extend Services, the Government will take the price for all CLINS of the final option period, prorate it to a six-month value, and add it to the sum of all CLINS (base plus all option periods). This amount will be the total evaluated price. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(End of Summary of Changes)

Page 1 of 23 Rev 3-July 2016

PERFORMANCE WORK STATEMENT (PWS)

FOR NATURAL RESOURCES PROGRAM IMPLEMENTATION

As of 23 April 2018

Part 1

General Information

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

1.1 Description of services/Introduction: This is a non-personal services contract to provide implementation of the natural resources program at USAG Bavaria (Tower Barracks (TB), Rose Barracks (RB), and Grafenwoehr Training Area (GTA)). 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.

1.2 Background: Conservation related requirements are needed on a recurring basis e.g. for the maintenance of compensation and eco-account areas or INRMP (Integrated Natural Resources Management Plan) implementation measures such as invasive species management. Compensation areas are legally required mitigation measures for construction projects, whereas eco-account areas can be used as a compensation area very quickly. Both compensation and eco-account areas shall be maintained on a regular bases, in order to keep the legally required conservation status and reach the conservation goals for the respective area. Another purpose of this service contract is to implement measures suggested in a previously developed Invasive Species Management Plan to handle invasive plant and animal species on the Grafenwoehr Training Area (GTA). Invasive species are potentially harmful to the ecology and/or have a negative impact on the condition of training land in terms of, e.g., increasing soil erosion. Others are subject to be a safety hazard to both personnel and training troops by either poisonous action (e.g., giant hogweed) or transferring infectious diseases (e.g., mosquitos).

1.3. Scope: The Contractor shall provide non-personal services to implement natural resources management projects. This includes maintaining compensation & eco-account areas e.g. by removing shrubs & trees, mowing, pruning of fruit trees, cleaning of bat & bird boxes, and other measures. The contractor shall physically remove invasive plant species to include giant hogweed (Heracleum mantegazzianum), Japanese knotweed (Fallopia japonica), and black cherry (Prunus serotina. The extent of the work done shall be documented in the Invasive Species Management Plan. For this, the already existing Invasive Species Management Plan shall be updated accordingly. Also, some habitats of the invasive plants are located within areas containing unexploded ordnance (UXO). In this areas unexploded ordnance shall be removed.

1.4 Objectives:

Maintain existing compensation and eco-account areas Prevent invasive shrub encroachment by mechanical removal of shrubs, trees, and toxic plants Clear areas potentially containing unexploded ordinance Update geographic information system (GIS) data Creation of a report to document maintenance of compensation & eco-account areas Provide a report of work performed as an addendum to the already existing Invasive Species Management

Plan

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and three (3) 12-month option years.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): The contractor shall develop and maintain a Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures

Page 2 of 23 Rev 3-July 2016 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. At a minimum, the QCP must include the following to be acceptable:

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

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

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

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

e. How the contractor will inventory and track maintenance of all Government Provided Equipment / Materials.

f. How the contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future

g. How the contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

A final QCP shall be submitted to the KO through the COR for review and acceptance within ten (10) calendar days after date of contract award. After acceptance of the QCP, the contractor will receive the KO’s acceptance in writing. Any changes to the accepted QCP will be required to be resubmitted for acceptance within five (5) calendar days.

The Contractor shall bring identified issues or potential problems that might affect future performance to the attention of the COR as soon as possible. Verbal reports will be followed up by written reports within five (5) calendar days.

1.6.2 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).

1.6.3 Recognized Holidays: The Contractor shall not be required to work on United States Federal and Local National holidays that occur in the region/state where contract performance takes place.

The American National Holidays include:

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

German/Local National holidays as applicable in the state of duty. The Contractor is responsible for contacting the respective Requiring Activity POC/COR for specific holiday restrictions that may apply to the performance of this requirement.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, twenty four hours a day, seven days a week (24/7) (unusual working hours may be required due to access constraints in the military training area), except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government

Page 3 of 23 Rev 3-July 2016 facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 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: The work to be performed under this contract will be performed at Grafenwoehr Training Area (GTA), Tower Barracks (TB), and Rose Barracks (RB). Field work will require site visits in an active military training area, partially within Surface Danger Zones of Live Fire Ranges. Access to the sites must be coordinated with 7ATC GTA Range Control in advance and (for sites within the Surface Danger Zone) is usually only granted during non-firing times (down times), limited to some hours in the morning and evening.

The work requires that all staff obtains installation access for remote areas of the installation.

1.6.7 Type of Contract: The government will award a Requirement Type Contract.

1.7 Security Requirements:

1.7.1 Security Program: Access and General Protection/Security Policy and Procedures. 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.

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 are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas.

The Contractor is responsible to ensure that any subcontractor 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 is responsible for being aware of and complying 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 (IAC) processing requirements.

The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a Contractor employee no longer requires access.

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

http://www.eur.army.mil/aepubs/ This website is part of the IACS clause of the contract.

Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Albert Amberger Location: USAG Bavaria (Grafenwoehr)- DPW Environmental Division

Page 4 of 23 Rev 3-July 2016

DSN Phone No: 475-7753 Commercial Phone No: 09641-83-7753 Installation Access Control Office:

Location: Grafenwoehr DSN Phone No: 475-8414/8415 Commercial Phone No: +49 9641 83 8414/8415

Upon the termination of employment or termination/cancellation of this contract, the Contractor is responsible to collect the installation access passes. The Contractor shall collect the installation access passes the same day employment of an individual has expired/terminated, and shall return them to the issuing office within three (3) workdays.

1.7.4 Background Checks: Reserved

1.7.5 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 IAW AR 190-13, “The Army Physical Security Program.”

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: Reserved

1.9 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. Meeting minutes will be prepared and submitted to the COR within 7 days after the meeting. Both these meetings and meeting minutes shall be at no additional cost to the government.

1.10 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.

1.11 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 who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate 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 shall be available between 7:30 a.m. to 4:00 p.m., Monday thru Friday except when the government facility is closed for administrative reasons.

1.11.1 Special Qualifications: The work shall be conducted by qualified personnel. The work shall be conducted by an individual who has a bachelor’s degree (or equivalent) in a biological sciences discipline as a minimum requirement and shall have at least 5 years of professional experience in Germany. The Contractor shall have experience on conducting invasive species management, vegetation management, and TES protection measures (at least 3 former projects). The contractor shall include a short description including POC information and references

Page 5 of 23 Rev 3-July 2016 of at least 3 former projects in the proposal. With the proposal, the contractor shall submit a statement about his awareness that field work will be conducted in an active military training area and his commitment to follow all necessary safety prescriptions. A safety briefing will be provided by 7th ATC Safety Office prior to start field work.

The contractor is responsible for ensuring all employees are able to read, write, and speak English and German at a language proficiency level 1. Basic knowledge of GIS (ArcGIS) system is also required. UXO removal required in the scope of the contract will be required to be carried out by a qualified company certified according to §§ 7 and 20 SprengG. The required certificates and experience shall be provided with the proposal. The Contractor should have experience in coordinating field work in Surface Danger Zones (SDZ) or other live fire training areas in Europe (at least 3 former projects).

1.12 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 identification shall be easily identifiable through the display of badges IAW AER 27-715 Contractor Identification.

1.13 Contractor Travel: Reserved

1.14 Other Direct Costs: Reserved

1.15 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.

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply, and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.17 Non-Disclosure Statements: Reserved

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s 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.

Page 6 of 23 Rev 3-July 2016

1.19 Phase In /Phase Out Period: Reserved

1.20 Safety: Field work will require site visits in an active military training area, within Surface Danger Zones of Live Fire Ranges. Access to the sites must be coordinated with 7ATC GTA Range Control in advance and is usually only granted during non-firing times (down times), limited to some hours in the morning and evening.

1.20.1 Safety Plan and Program: The Contractor shall prepare a short health and safety plan as described in paragraph 5.2.1. Contractor personnel performing work at Grafenwoehr Training Area shall attend a safety briefing at the 7ATC Safety Office before starting field work.

1.21 Environmental Compliance: The contractor shall comply with all applicable environmental laws and policies.

1.22 Environmental Compliance Plan and Program: Reserved

1.23 Required Training:

1.23.1 Antiterrorism Level 1 Training. The contractor and all associated subcontractors will brief all employees on the local AT Level 1 program (training standards provided by the requiring activity AT officer). This locally developed training may change based on local threat at which time the AT officer will provide updated materials for the briefing. This training will be completed within 30 calendar days after the contract is awarded and within 5 calendar days after new employees commence contract performance, with the results reported to the COR within 30 calendar days after the contract is awarded.

1.23.2 OPSEC Training. The contractor and all associated subcontractors will brief all employees on the local OPSEC program (training standards provided by the requiring activity AT officer). This locally developed training may change based on local threat at which time the AT officer will provide updated materials for the briefing. This training will be completed within 30 calendar days after the contract is awarded and within 5 calendar days after new employees commence contract performance, with the results reported to the COR within 30 calendar days after the contract is awarded.

1.23.3 iWATCH/iSALUTE Training. The contractor and all associated subcontractors will brief all employees on the local iWATCH/iSALUTE program (training standards provided by the requiring activity AT officer). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training will be completed within 30 calendar days after the contract is awarded and within 5 calendar days after new employees commence contract performance, with the results reported to the COR within 30 calendar days after the contract is awarded.

Page 7 of 23 Rev 3-July 2016

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.

De-dudding – Removal of unexploded ordnance from an area of concern.

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.

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.

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

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

Subcontractor - 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 specified otherwise.

Page 8 of 23 Rev 3-July 2016

2.2 Acronyms:

7ATC 7th Army Training Command 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 ea each FAR Federal Acquisition Regulation FGS Final Governing Standards GIS Geographic Information System GPS Global Positioning System GTA Grafenwoehr Training Area HA Hectare HIPAA Health…