Performance_Work_Statement_Training_Land_Reactivation.pdf

PERFORMANCE WORK STATEMENT (PWS)

Training Land Reactivation

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 training land reactivation. The Government shall not exercise 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: Grafenwoehr Training Area is an active live fire and maneuver training center. Training area Grafenwoehr has been used for over 70 years for military purposes by the U.S. During this timeframe unexploded ordinance and damaged hard metal targetry resulted this situation. The metal targetry consists of following types:

Vehicle types e.g. the old Jeep model, pickup trucks, trailers, recovery tanks, tank hulls from M41, 42, 48, Bundeswehr Kanonenjagdpanzer, troop transporters and several other types of vehicles.

1.3. Scope: The Contractor shall provide non-personal services to conduct training land reactivation. The Contractor shall dispose of old metal targets such as tanks, military vehicles, partly burrowed or filled with soil and remains of ammunition and ammunition parts. This type of material is potentially contaminated with unexploded ordnance and should be screened prior to disposal. Necessary tree cutting up to 15 cm stamp diameter, Transportation of collected scrap to the weight station.

1.4 Objectives:

- Disposal of scrap metal such as hard metal targets.

- Disposal of ammunition scrap metal and unexplored ordnance.

- Disposal of different waste materials to include but not limited to plastics, fluids, and rubber.

1.5 Period of Performance: The period of performance shall be for one (1) year of 12 months: Base Year

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 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 ensure all keys issued will remain controlled items.

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

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

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

1.6.1.1 An analysis of quality control and timeliness reports shall be sent to the COR within ten (10) calendar days after the end of each Task Order. 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.

1.6.1.2 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 can 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, between the hours of:

The range is accessible only during the daily downtimes as listed below:

August 2018-- 0500 hours to 0900 hours and 1830 hours to 2030 hours September 2018-- 0500 hours to 0900 hours and 1800 hours to 2000 hours October 2018 0500-- hours to 0900 hours and 1700 hours to 1900 hours November 2018 0500-- hours to 0830 hours and 1600 hours to 1800 hours December 2018 0500-- hours to 0830 hours and 1600 hours to 1800 hours These daily downtimes are subject to minor changes (plus/minus 0.5 hours).

Maintenance weekends “A” Impact Area (range accessible without limitations):

25/26 August 2018 29/30 September 2018 20/21 October 2018 10/11 November 2018

The dates of the maintenance weekends may change and be shifted to other weekends during the month. Also some of the maintenance weekends may be cancelled if it is required due to training.

Range closure dates:

For the construction performance no periods of unrestricted access to the range can be granted. Work must be performed at the above mentioned downtimes.

The contractor must ensure through the COR, if necessary daily, by contacting the Range Control Firing Desk/Range Maintenance Teams at the Range whether access to the respective construction area is possible.

These special requirements must be considered in the offer and shall not be used as a basis for additional compensation.

The required dates for the year 2019 are issued by Range Operations and are currently not available. They can be requested from the COR in November 2018.

Monday thru Saturday 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 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 service to be accomplished under this contract will be performed at the Training Area Grafenwoehr located between the towns Nuernberg and Weiden app. 70km north-east of Nuernberg, Federal Republic of Germany Work must be accomplished on following areas within the Grafenwoehr Training Area: Range 118, 124, Demo 1 Area, EOD Demo Area, South Camp Vilseck, PA-257, 201, 201C, 203, 211, 301, 302, 305, 310, 311, and several other locations.

1.6.7 Type of Contract: The government will award a Firm Fixed Price Contract.

1.7 Security Requirements:

1.7.1 Security Program: Contractor personnel performing work under this contract must have attended the AT/OPSEC at time of the proposal submission, and must maintain the level B of security required for the life of the contract. The security requirements are in accordance with the attached DD254 (The unit security monitor is responsible for initiating this form).

1.7.2. Personnel Security Clearance Requirements: Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M), and any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor.

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: Engineering Division, Construction Inspection Branch Location: USAG BAVARIA Grafenwoehr, Bldg. 329 DSN Phone No: 475-7671 Commercial Phone No: 09641-83-7671 Installation Access Control Office: USAG BAVARIA Bldg. 244 Location: Tower Barracks Grafenwoehr DSN Phone No: 475-8415 Commercial Phone No: 09641-83-8415

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.

1.7.3.1 In addition, the Contractor shall provide the Initial Installation Pass Log within five (5) calendar days after contract award. The log must at a minimum contain the following information: name, passport No., age, vehicle license No. (Ref. T.E. # A). The log shall be updated as employees are added or removed and 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.

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 three (3) working days.

1.7.3.3 Upon termination or cancellation of this contract, the Contractor is responsible for collection of all outstanding installation access passes and returning them to the issuing office within three (3) working days.

1.7.3.4 Common Access Cards (CAC): 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 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. If applicable, government issued access badges shall not be worn outside designated facilities where visible to the general public. The Contractor shall immediately report suspicious activities to security personnel.

http://www.eur.army.mil/aepubs/

1.8 Key Control: Reserved

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.10 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 follow personnel are considered key personnel by the government: 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 when the contractor perform his work, he has to call the COR.

1.11.1 Special Qualifications: Contractor and Sub-Contractor's personnel shall be experienced minimum 3 years, shall have in depth knowledge in the field of work the PWS is asking for, and shall be fully qualified in performing the tasks as outlined in this PWS and in compliance with the applicable European and German regulations. For specific qualification to contractors personnel see also part 6, Publications.

Further, Contractor and Sub-Contractor's personnel shall specifically meet all qualifications as required by the German regulations BGG, BGI, BGR, BGV, VBG, VBR, UVV, European/German machinery and operational safety regulations (Maschinenrichtlinien- und Betriebssicherheitsverordnung) and applicable VDE, VDI, VDMA, DIN, VbF regulations.

Group size/personnel According to the local conditions of the clearing location a proportion of at least 1 certificate qualification holder according to SprengG for 6 workers (1 group) is demanded on-site. For the use of 2 groups an additional responsible clearing location manager (group leader) must be provided. In every group half of the personnel must consist of experienced combat agent clearing workers according to SprengG. For this at least 2 years of experience in clearance of combat agents is required. An artificer who can master the oral and written English language, must be on site during the entire work.

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.

During normal MEC field activities on this ordnance project, hard hats will not be worn (unless an overhead hazard is present). Steel toe safety shoes are not required to be worn by UXO personnel (unless working around heavy equipment).

1.13 Contractor Travel: Reserved

1.14 Other Direct Costs: Reserved

1.15 Data Rights: Public Affairs. The Contractor shall not make available or publicly disclose any data generated or reviewed under this contract or any subcontract unless specifically authorized by GTA Range Operations. When approached by any person or entity requesting information about this project, the Contractor shall defer to GTA Range Operations for response. Reports and data generated under this task order shall become the property of the Government and distribution to any other source by the Contractor is prohibited unless authorized by the Contracting Officer.

1.16 Non-Disclosure Requirements: Reserved.

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.

1.19 Phase In /Phase Out Period: Reserved.

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

The contractor shall forward one completed copy of accident reports (local contractors submit copy of locally required accident report; American contractors submit copy of DA Form 285, Aug 80, United States Army Accident Investigation Report) to the Contracting Officer NLT three (3) contractor workdays after occurrence for all personal injury accidents.

Contractor shall submit a list of all personnel and to obtain installation passes for the entire work force performing work under this contract. These passes shall be requested through the COR.

1.20.1 Safety Plan and Program: Prior to the start of work the contractor must submit the following documents and proof to the COR:

- First Aid precautions and chain of rescue (Range control).

- Endangerment judgment according to BGVR CHV 2 § 5.

- Work and safety plan for mechanical separation work – operation and work instructions.

- Appropriate proof for the observation of BGI 833 (information paper of trade association for construction industry).

- Quality and test instructions concerning the equipment, equipment safety, equipment maintenance and supervision as well as the demands on the personnel qualifications and personnel combination.

- Clearing location registrations to industrial supervision/office of public order, police, fire department, rescue service, accident hospital, trade associations, insurance, federal forestry, etc.

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

Guarding and keeping The contractor is responsible for guarding and keeping of objects of the contractor, e.g. saved ammunition, machines, equipment, tanks, POV, shacks, worksite containers, which are used during the performance of the contract work, after coordination with the COR.

Transportation and operation safety The contractor is only allowed to expose combat agents for identification. The responsible certificate of qualification holders IAW § 20 SprengG will decide future handling with combat agents found. Non-transportable combat agents will be blasted by the contractor on-site. Provide appropriate blasting and flammable agents and dispose of these agents after they have been used. After completed destruction of combat agents through blasting make a corresponding subsequent check-up. The contractor must provide copy of the insurance for blasting damages amounting to €2.500.000 to the COR prior to start of work. Coordinate blasting times with COR. We are expressly pointing out the danger of bomblets M75 which are spread over large parts of Range 118.

Works security/instruction The clearance location manager is responsible for the “Internal safety” (works security at the clearance location), to include safety regulations of Range Control. For reasons of additional internal safety a higher proportion of persons with qualifications certificate to regular personnel may be temporarily required after approval by COR. Range Control is responsible for “External safety” (at the Training Area Grafenwoehr). Strictly observe the instructions of Range Control, especially in connection with the training operation. Report of incidents and irregularities immediately send to Range Control. Plan and determine the rescue chain, especially the use of helicopters and the helicopter landing strip together with Range Control. The clearance location manager (contract manager or alternate) must be able to speak and write the English language. The clearance location manager must sign-in and sign-out the entire personnel daily at Range Control timely.

1.21 Environmental Compliance: Law for the protection of harmful effects for the environment due to air pollutions, sounds, vibrations and similar processes (Federal Law of Immission, BImSchV)

1.22 Environmental Compliance Plan and Program:

- Protection of trees, existing plants, and planted areas at clearance site measurements according to DIN 18920.

- Protection of planted areas: In order to avoid damage, planted areas are to be surrounded with a fence which is at least 1.8 meter (m) high, lateral fence distance 1.5 m.

- Protection of trees against mechanical damage: Trees within the clearance site are to be protected against mechanical damage caused by vehicles, machines, or any other processes by means of a fence as described in the previous paragraph "a". The fence has to enclose the entire root area. Root area means the ground surface underneath the tree crown plus 1.5 m (in case of columnar trees plus 5 m).

Spill reporting procedures for contractors working within the Training Area/Tower Barracks/ Grafenwoehr respectively South Camp Vilseck

Applicability: These procedures are to be followed in the event of a spill of hazardous substances caused by vehicles or equipment of contractors working within the Training Area/Tower barracks Grafenwoehr or Rose Barracks Vilseck.

Hazards for humans and environment:

- Release of hazardous substances (usually petroleum, oil and lubricant (POL) products) during accidents

- Release of hazardous substances (usually POL products) caused by equipment failure

- Release of hazardous substances during transportation of hazardous substances/waste (not class 1, explosives)

Protective Measures and Procedures: The following requirements are to be met to operate a vehicle within the Training Area/Tower Barracks Grafenwöhr and/or Rose Barracks Vilseck.

- Valid driving license appropriate for the vehicle

- Valid hazardous cargo driving license for the transportation of hazardous material/hazardous waste

- Provision of spill equipment (e.g. absorbent, absorbent pads etc.)

Procedures to be followed in the event of failures or hazardous situations:

- Immediately notify the local US Fire Department, telephone 09641 – 83 8303 if hazardous substances (as well as hazardous waste) or operational substances (Diesel, hydraulic fluid etc) are released due to failure of vehicles or construction equipment.

- In addition, notify the German Police if quantities released exceed 8 gallons (30 liters) or 110 lbs (50 kg)

- The contractor shall take immediate protective measures.

- The necessary spill clean-up will be performed by the contractor or his subcontractors.

Emergency Procedures – First Aid:

- Secure accident site

- Inform Local Fire Department and Emergency First Responder

- Take care of injured individuals

Refueling, Maintenance, Disposal:

- During refueling of construction vehicles/equipment appropriate precautions need to be taken to prevent damage of the environment. Existing refueling points shall be use if possible coordinated with the COR.

- Maintenance of vehicles and equipment is approved on paved surfaces only (concrete, asphalt).

- Disposal of hazardous operating fluids or contaminated soil caused by accidents or contractor’s vehicles/equipment must be performed by the contractor. The COR shall be provided with proof of proper disposal.

1.23 Required Training:

1.23.1 Anti-Terrorism (AT) Level I Training: Reserved.

1.23.2 OPSEC Training: Reserved.

1.23.3 iWATCH Training: The Contractor and all associated subcontractors will 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 will 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 five(5) calendar days after the contract is awarded.

1.23.4 Information Assurance (IA) Training: Reserved

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 (KO) - 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.

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.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation BAM Federal Institute for material proofing 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 FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 HTRW Hazardous, Toxic and Radio Active Waste MEC Munitions and Explosives of Concern KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit UXO Unexplored Ordnance

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services: The Government shall not provide property, equipment, or services in the performance of this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

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

4.2 Secret Facility Clearance Reserved.

4.3 Materials: The Contractor shall deliver the required ammunition to blow unsecure unexploded ordinance in coordination with the 7ATC Safety Office.

4.4 Equipment: The Contractor will provide all machinery such as containers, cutting devices, excavators, bulldozers, trucks, cranes, and fuel for such equipment to meet the requirements under this PWS.

4.5 Common Access Cards (CAC) Reserved.

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide services for the disposal of 520 tons of different scrap metal such as metal hard targets (i.e. whole tanks and military vehicles or in parts), ammunition scrap metal and unexplored ordnance, and all type of material (less than 3% of total weight) such as different metal types, plastic, fluids and rubber, partly burrowed or filled with soil. Required tree cutting up to 15 cm diameter is part of this item.

The expenditure for the scrap disposal is paid for by the contractor and is his property. The Contractor must collect the material in suitable containers. The transportation shall be conducted according to regulations valid in the State of Bavaria and the Federal Republic of Germany and weight shall be proved by weight cards obtained at the disposal facility and submitted to the COR. This includes destruction of handling dangerous ammunition. In case ammunition or ammunition parts are detected during disposal which is not secure in handling, the ammunition or parts shall be abolished respectively disarmed. Calculate all necessary material, technical and organizational expenses in this item.

This includes, explosives and ignition agents, barricade measures, barricade poles, all information measures, the coordination with representatives of the US Army (COR) and the subsequent search and ammunition removal of the explosion area, necessary civil engineering work. Plan the explosion items in accordance with Range Control thru the COR so that the training operation and the ammunition removal measures are not hindered. Perform services in an environmentally sound manner in order to avoid contamination of ground water and soil. Prove the weight of disposed material by weight cards, (US government weight scale maximum 6 KM distance from gate 6) to be submitted to the COR.

All needed tools, materials and machinery are part of this item.

The specified quantity can be raised or reduced if price per unit is under our estimate.

5.2. Site Visit: before start work a site visit not to exceed one day shall be performed. The Contractor will coordinate all, Range Operations, environmental office and 7ATC Safety at least fourteen days prior to the site visit.

The site visit team shall include the Contractor’s Project Manager, On-Site Manager, Site Safety and Health Officer, and a representative of key subcontractors. The objective of the site visit is for the Contractor’s team to gain familiarization with the site in general and to gather information required to assemble an acceptable and executable Work Plan. No UXO-related activities will be performed during the site visit.

5.3 Prepare Work Plan: The Contractor shall provide Work Plans and related sub-plans to the COR prior to start any activity. The Work Plan shall describe the Contractor’s proposed methodology of accomplishing the objectives.

The Contractor-prepared Work Plans shall describe the work necessary to respond to the requirements of this PWS.

Work Plans and sub-plans shall be prepared according to the areas and shall be more than one but less than 6 each.

5.4 Restoration: Upon conclusion of work at the site, the Contractor shall restore locations disturbed by operations.

Excavated and trafficked areas shall be returned to natural grade. No grading, compacting and/or seeding.

5.5 Perform MEC Clearance Action: This task shall be performed in accordance with the requirements of the approved Work Plan and Site-Specific Safety and Health Plan for this site. The following requirements will apply to all clearance activities covered under this scope of work:

5.5.1 The Contractor shall provide all necessary personnel and equipment to perform a clearance of all MEC, and HTRW materials. This will include guards as necessary to establish and maintain the required exclusion zones during some activities.

5.5.2 Only authorized and licensed UXO personnel shall perform MEC-related tasks.

5.5.3 The Contractor’s UXO personnel that perform clearance operations shall record their results on data sheets.

The results of all clearance activities shall include all pertinent features of any MEC/HTRW contamination to include type, condition, and location. This data sheets be submitted to the COR after 5 Workdays of each individual clearing.

5.5.3.1 If UXO is found during the removal process, these items must be detonated by the authorized contractor at his expense. Location and times of detonations must be coordinated with GTA Range Operations, phone 09641-83- 6332.

5.5.4 A copy of the ammunition finds-protocol (daily report) shall be provided every workday to the COR. A certificate shall be submitted to the scrap dealer and 7ATC Safety that the scrap is free from explosives and other hazardous material. Billing shall be done according to weight after proof by weight cards.

5.5.5 The Contractor shall provide an approved container (lightning-protected, burglar proof) or similar for the same day storage of ammunition that is safe to handle. All relevant safety regulations shall be adhered to. The exact location shall be determined in coordination with GTA Range Operations in the course of the clearance site preparation.

5.5.6 MEC Destruction. The Work Plan shall include procedures for destruction of recovered MEC. Destruction of MEC can be accomplished at one of two locations: in-place or on-site. The decision regarding which technique to use is based on the risk involved in employing the disposal operation as determined by site-specific characteristics and the nature of the MEC recovered. Additional information on MEC disposal operations can be found in BGI 833.

5.5.7 The UXO contractor is responsible for the quality control of all clearance activities and for ensuring that only those procedures and processes conforming to contractual requirements and accepted project plans are implemented.

5.5.8 All metal targets, ammunition and general scrap, to include all residue, becomes property of the contractor and shall be disposed of IAW local and federal regulations (KrW-/AbfG)

5.5.9 Inspection/Certification: Proof of scrap being explosive free shall be submitted to the COR by the contractor.

The Contractor shall ensure and certify that all scrap is free of explosives and ammunition, by a written statement, before it leaves the Training Area.

5.5.10 Transportation/provision/sorting area

Coordinate the location of the ammunition storage with Range Control. Transportation of ammunitions and ammunition parts to the ammunition storage shall be supervised by qualified personnel with certificate according to § 20 SprengG and only be conducted with an appropriate vehicle. Both ammunition and ammunition parts shall be properly packed and safeguarded during transportation. The sorting area must be fenced in separately just like the ammunitions storage. Advanced sorting of ammunitions according to caliber and origin at a sorting area of the clearing location separately fenced off the construction site will be supervised by a person with qualification certificate. Also, splinter protection provisions shall be provided appropriately to the exterior and within the working locations. Above mentioned work is not allowed to affect the proportion of 1:6 for the local clearing location supervision in the clearing location. The contractor is responsible for the equipment, provision and safeguarding of the ammunition storage. Use only burglar-proof storage tanks with certificate according to BAM.

Combat agents shall be stored and safeguarded separately according to caliber and origin and shall be secured against slipping. Provide instructions for the operation of the ammunition storage and the sorting area operation in which e.g. the storage quantity, entry authorizations, and other safety-relevant regulations are determined in coordination with Range Control. The clearance company must guarantee the disposal of ammunitions/ammunition parts and scrap metal according to their own discretion and proof with receipts. Thereby, the appropriate legal regulations and instructions of the trade association shall be met.

5.6 Prepare and Submit Clearance Report: At the conclusion of all field activities, the Contractor shall submit the Clearance Report on contractor letterhead completed by an authorized contractor representative. The report shall consist of the following:

5.6.1 Detailed accounting of all MEC-related materials located and destroyed.

5.6.2 Tonnage of scrap metal.

5.7 Final Inspection Site Visit: A final inspection site visit not to exceed one day shall be performed. The Contractor shall coordinate with both Range Operations and 7ATC Safety at least fourteen (14) days prior to the site visit. The site visit team shall include the Contractor’s Project Manager, and representatives from Range Operations and Safety. The Contractor’s field supervisor shall attend a final project closeout meeting prior to demobilization.

Other on-site meetings may be required as necessary.

5.7.1 Submittals: The Contractor shall furnish copies of the submittals to addressees listed below in the format and quantities indicated. The Contractor shall use express mail services for delivering all submittals. Following each submission, comments generated as a result of their review shall be incorporated.

Addresses:

Range Operations GTA Range Operations, 7ATC

ATTN: Lager Grafenwoehr, Building 3015 D-92655 Grafenwoehr

Safety Safety, 7ATC

ATTN: Lager Grafenwoehr, Building 3015 D-92655 Grafenwoehr

7ATC RTLP 7th US Army 7ATC

RTLP, ATTN: Mr. Davis Bldg 3006, Grafenwoehr-Lager 92655 Grafenwoehr, Germany

5.7.2 Submittals: The contractor shall submit all documents directly to the reviewing parties as indicated in the below matrix. An approved transmittal sheet, approved by 7ATC safety Office, shall be included with all submittals.

SUBMITTAL: GTA 7ATC Safety Final Clearance Report 1 2 + CD-ROM Submittal Due Dates:

SUBMITTAL: PWS Paragraph/DID Reference DUE DATES (calendar days) Final Clearance Report 5.6 14 days after clearance completion

5.8 SPECIAL INSTRUCTIONS:

All mishaps associated with execution of project activities must be reported to GTA Range Operations and shall be investigated and analyzed. Information reflected on the report forms are the basis to investigate the accident, analyze the cause, and identify what corrective actions may be implemented to prevent similar occurrences.

On active installations, the installation safety officer is responsible for reporting any explosives mishaps.

Performance Period and Sequence:

The performance period for this task will be 12 months from the date of award.

Disposal to be accomplished in the following sequences:

No. 1: Remove all material, spread at the Training Area, at least 10 different locations, in quantities minimum 2 tons, distance from Grafenwoehr Post, Gate No.6 maximum 30 km.

No. 2: Remove all material from Range 118, distance from Grafenwoehr Post, Gate No.6 is approximately 9 km.

No. 3: Remove all material from Range 201/201C, distance from Grafenwoehr Post, Gate No.6 is approximately 30 km.

No. 4: Remove all material from Range 211, distance from Grafenwoehr Post, Gate No.6 is approximately 30 km.

No. 5: Remove material from Range 301/302, distance from Grafenwoehr Post, Gate No.6 is approximately 28 km.

No. 6: Remove material from stock pile Before starting a new sequence the stockpile must be totally disposed of.

All areas can be entered via graveled road system, described scrap material can be located up to 200 m away from paved road system.

Estimated Quantities: All specified quantities are rough estimated and therefore quantities can change in + or -. Only weighted or measured quantum will be paid for.

5.9 Enterprise-Wide Contractor Manpower Reporting Application (eCMRA): The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the disposal, such as transport, screening, cutting, weighting and all needed coordination work via a secure data collection site (Ref. T.E. # A). The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with FY 18. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

If contract period of performance ends prior to September 30, the Contractor has 30 calendar days from end date of the contract to complete the eCMRA requirement.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions):

6.1.1 BGI 833

6.1.2 AR 735-5, Policies and Procedures for Property Accountability

6.1.3 DODD 8570.01, Information Assurance Training Certification and Workforce Management

6.1.4 AER 190-16 Installation Access Control System

6.1.5 AER 27-715 Contractor Identification

6.1.6 Law on explosive substances (Explosive Law SprengG)

6.1.6 Decrees to SprengG (Spreng6.1.6V)

6.1.6 General administration instruction to SprengG (Spreng6.1.9V w V)

6.1.9 Arms Law (WaffG)

6.1.10 5th Implementation Law to article 26 para. 2 of the Constitution (Law on the control of warefare weapons)

6.1.11 Law for the protection of harmful effects for the environment due to air pollutions, sounds, vibrations and similar processes (Federal Law of Immission)

6.1.12 Law for the support of circulatory economy and guarantee of the ecofriendly of refuse (Krw6.1.13/AbfG)

6.1.13 Law on the protection from dangerous substances (Law on Chemicals –ChemG)

6.1.14 Law on the translation into action of EC6.1.15basic regulation health and safety regulations

6.1.16 LAW on factory doctors, safety engineers and other specialists for work safety (ASIG)

6.1.17 Decree on the protection from dangerous substances (Dangerous Goods Decree – GegStoffV)

6.1.18 Decree on utilization and removal receipts (Receipt Decree – NachwV)

6.1.19 Decree on the domestic and cross6.1.20border transport of dangerous goods on the road (GGVS)

6.1.21 Decree on Workplaces (BGVR CHV 4)

Regulations of trade associations (former safety standards VBG)

6.1.22 General regulations, BGV A 1

6.1.23 Explosive substances – General regulation, BGV B 5

6.1.24 Construction work, BGV C 22

6.1.25 Earth moving machinery, BGR 500 Kap 2.12

6.1.26 Blasting, BGV C 24

6.1.27 Industrial medical checkup, BGV A 4

6.1.28 BGV A1 §§ 24 6.1.29 28

6.1.29 Ammunition – D44

6.1.30 Explosive devices and hollow bodies in scrap metal 6.1.31 BGV D 23

6.1.31 Safety and health protection marking at workplace BGV A 8

6.1.32 Dealing with cancer6.1.33inducing harmful substances VBG 113

6.1.33 Noise - BGV B 3

6.1.34 Safety engineers and other specialists for work safety – BGV A 2

Regulations/information of trade associations (former ZH 1/regulations

6.1.35 Explosive substance, dismantling and destruction regulations (ZH 1/47 of trade association of chemical industry) BGR 114.

6.1.36 Trade association information BGI 833.

6.1.37 Regulations for the equipment of workplaces with fire extinguishers, (ZH 1/201) BGR 128.

6.1.38 First Aid in the factory BGI 509.

6.1.39 Industrial medical checkup, BGI 504.

State regulations, other regulations

6.1.40 Danger Protection Decree of the State of Bavaria

6.1.41 Safety Standards of civil engineering trade association

6.1.42 Nature Conservation Law of the State of Bavaria

6.1.43 Safety Regulations and Instructions of Range Control

6.1.44 DIN 4124 Construction pits and trenches

6.1.45 DIN 18 920 Protection of Vegetation

Follow the regulations of the Road Traffic Legislation:

6.1.46 Road Traffic Law (StVG)

6.1.47 Motor Vehicle Traffic Regulations (StVO)

6.1.48 Federal Motor Vehicle Safety Standards (StVZO)

6.1.49 European Treaty concerning the international transport of hazardous material (ADR)

6.1.50 Securing of cargo according to VDI 2700 and ADR

Disposal and reuse of Materials

6.1.51 German law for…