20190131_FINAL_PWS_Maintenance_Storage_Tanks.pdf

409th CSB Ver 5 20180730

PERFORMANCE WORK STATEMENT (PWS)

MAINTENANCE AND TUEV INSPECTIONS OF ABOVE-/UNDERGROUND STORAGE TANKS

WITHIN USAG ANSBACH

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide maintenance and repair work, the recurring general-, safety-, and explosion protection inspections, as well as the TUEV (German Technical Inspection) inspection of above-/underground storage tanks within USAG Ansbach.

1.2 Background: The maintenance of the storage tanks cannot be provided in-house due to lack of qualified and certified personal and a lack of adequate equipment and tools to perform the task. The location and size of the storage tanks are listed in Attachment 2.

1.3 Scope: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.

1.4 Objectives:

1.4.1 The contractor shall perform a function and visual inspection at all tanks systems

1.4.2 In addition the contractor must perform maintenance work on all parts of the system (i.e. gate valve, feeding lines, suction lines, ventilation and venting lines, check valves, limiting value transmitters, leakage protection devices, filling level measurement, level indicators, etc.) in accordance with the manufacturer regulations and the technical regulations concerning flammable liquids (TRbF, German: Technische Regeln für brennbare Flüssigkeiten). In the course of the maintenance work defective signal and control devices must be exchanged. Missing seals shall be fitted. In addition leakage indication fluid (only fluids proofed by the German Federal Institute for Materials Testing (BAM ca n be used) and nitrogen must be filled up possibly.

1.4.3 The basic functions of the installed filling level indicator systems must be inspected. First the filling level measurement must be inspected by using the dip stick. Afterwards the sensors must be dismantled. All further tests shall be implemented either by manipulation of using a head of liquid in a transparent pipe or by manipulation of the pressure sensor by means of an adequate air pressure measuring device and the possibility of the pressure actuation to the pressure absorber.

1.4.4 All necessary repair work shall be reported to the responsible COR. The repair work, not covered within the maintenance work will be paid extra. For the repair work hourly wage rates shall be provided, which will apply for the period of the contract.

1.4.5 For immediately necessary repairs the contractor is required to inform the COR immediately including a written cost estimate. The COR will decide if this repair work will be performed and inform the contractor orally in advance. The written order will be provided within five working days.

1.4.6 After the completion of the repair work, the contractor must confirm that the deficiencies at the storage tanks were corrected. Further, a warranty for the functioning of the installed parts or for the functioning and leak-tightness of the system must be provided in accordance with la w. This confirmation must be submitted latest with the invoice. In addition for each spare part the necessary documentation must be turned in with the invoice.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) calendar days after date of contract award (Deliverable A001).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the Contractor shall then have ten

(10) calendar days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than thirty (30) calendar days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items?

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

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

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

1.6.1.1 RESERVED

1.6.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance within one (1) calendar day of identifying those issues (Deliverable A002). Verbal reports shall be followed up by written reports within seven (7) days.

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

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

1.6.3.1 U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. Services can neither be performed on American nor on German Holidays.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th

Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.6.3.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. The Contractor is responsible to inform itself about local Host Nation Holidays of the Area/Country the work will be performed.

1.6.4 Operating Hours: Monday – Friday: 0800 to 1600

1.6.4.1 Government Facility Office Hours: The Government facility office hours are 0800 to 1600, Monday through Friday.

except U.S. Holidays identified in paragraph 1.6.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0800 to 1600, Monday through Friday. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.6.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0800 to 1600, Monday through Friday. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4.3.1 Contractor Work Plan: RESERVED

1.6.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.6.6 Place of Performance: The work to be performed under this contract will be performed throughout the United States Army Garrison Ansbach which include Katterbach, Bismarck Kaserne, Shipton, Urlas, Barton, Bleidorn, Oberdachstetten and Illesheim.

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

1.7.1 Security Program: RESERVED

1.7.2 Personnel Security Clearance Requirements: RESERVED

1.7.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and 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 or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.409csb.army.mil/.

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

Organizational Sponsor:

DPW, Mrs. Dambo Location: Ansbach Building No: 5843A DSN Phone No: 467-3524 Commercial Phone No: 09802-83-3524

Installation Access Control Offices:

Location: Ansbach Building No: 5843B DSN Phone No: 467-3866 Commercial Phone No: +49 9802-83-3866

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 seven (7) calendar days.

1.7.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within seven (7) calendar days.

1.7.3.4 Common Access Cards (CAC): RESERVED

1.7.3.4.1 RESERVED

1.7.4 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors.

1.7.4.1 U.S. Citizen RESERVED

1.7.4.2 Local Nationals and Third Country Nationals: RESERVED

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

1.7.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.8 Key Control: RESERVED

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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

1.10 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.11 Key Personnel: The following personnel are considered key personnel by the Government:

The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent.

The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between the hours of 0800 to 1600, Monday through Friday. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contract Manager and the Alternate Contract Manager must demonstrate technical skills and knowledge of how UST/ASTs are maintained and hold training in Federal Water Act (WHG, German: Wasserhaushaltsgesetz ), the ordinance of the Industrial Safety and Health (BetrSichV, German:

Betriebssicherheitsverordnung) and the technical regulations concerning flammable liquids (TRbF, German: Technische Regeln für brennbare Flüssigkeiten). The Training certificates for WHG, BetrSichV, TRbF shall be provided with the offer.

The contractor must provide proof that the Contract Manager and Alternate Contract Manager possesses a minimum of four

(4) years’ experience working as a Contract Manager within this trade.

b. Special Qualifications: The Contractor shall ensure all employees execute their tasks according to§ 19 German Federal Water Act (WHG), the ordinance of the Industrial Safety and Health (BetrSichV) and the technical regulations concerning flammable liquids (TRbF, German: Technische Regeln für brennbare Flüssigkeiten), the accident prevention guidelines (UVV – Unfallverhütungsvorschriften), the ordinance for facilities handling water-endangering substances (AwSV, German: Verordnung über Anlagen zum Umgang mit wassergefährdenden Stoffen), TRBS 1122 (TRBS - Technische Regeln für Betriebssicherheit), VDI and VDE Requirements. The Training certificates for WHG, BetrSichV, TRbF shall be provided to the COR within thirty (30) calendar days after contract award and within thirty (30) calendar days after new employee commence contract performance (Deliverable # A003).

1.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 RESERVED

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee.

1.13 Contractor Travel: RESERVED

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements: RESERVED

1.17 Non-Disclosure Statements: RESERVED

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI (Deliverable # A004). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period: RESERVED

1.20 Safety: The following provides information pertaining to Safety and Accident Prevention: The recurring technical safety inspection, as well as the inspection of all electrical systems, including the explosion protection to include existing pipes must be performed by a competent expert of an authorized regulatory agency in accordance with the Ordinance on Industrial Safety and Health (BetrSichV).

1.20.1 Host Nation Safety Laws and Regulations: RESERVED

1.21 Environmental Compliance: The U.S. Army Garrison Ansbach (USAG Ansbach) operates a Sustainable Environmental Management System (SEMS) in accordance with DoD (Department of Defense) and IMCOM-E (Installation Management Command) requirements.

The SEMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The USAG Ansbach SEMS desires to ensure that all employees, and contractors of either the Garrison or tenant organizations, whose work activities can cause real or potential significant environmental impact, are aware of how their work relates the environmental performance objectives established under the USAG Ansbach SEMS and are competent to perform their roles, responsibilities and authorities while supporting the Garrison’s mission. Contractors and their personnel are especially required to be aware of and comply with the Garrison’s SEMS policy when performing work at the installation. Information about SEMS will be delivered at the project kick-off meeting in the form of a flyer, and an additional short in-brief is available upon request. The contractor must be familiar with the information package provided during the pre-performance meeting.

1.21.1 Environmental Compliance Plan and Program:

In conjunction with SEMS, Contractors and suppliers must abide by the following environmental specifications while working on site as applicable:

General:

Contractors shall be certified and qualified for the work they perform.

Respective documentation must be available on site.

Cleaning Equipment:

- Do not clean equipment in locations where contaminates can enter sewers, watercourses or aquifers.

- Vehicle washing is not allowed on Army installations.

- Clean, using a broom or other scraping device and without water, construction equipment prior to entering roadways.

Energy Consumption:

- Contractors and Suppliers will use energy efficient equipment to the extent possible when undertaking any work on a job site.

- Contractors and Suppliers staff when on a job site will turn off lights and equipment when not in use and where practical.

- Minimization of energy consumption is required.

Water Consumption:

- Contractors and Suppliers will use water saving processes whenever practical.

- Leaking equipment or hoses will be replaced or repaired.

- Minimization of water consumption is required.

Hazardous Materials (HM):

- Hazardous materials brought on site and used shall be managed in accordance with applicable Laws/ Regulations.

- Maintain copies of Safety Data Sheets (SDSs) for all HM onsite.

- HM containers or objects that are used for the application of hazardous substances must not be rinsed out. Pollutants must not enter the ground, drains or surface water.

- Secondary containment is required for all containers containing water-endangering substances.

- Containers must remain closed when not in use.

- Do not store HM in unauthorized containers.

- The containers for storage of diesel for mobile gas filling shall be certified according to UN/BAM or TÜV. The filling of equipment/vehicles etc. must be accomplished according to Technische Regeln für Gefahrstoffe (TRGS) and Verordnung über Anlagen im Umgang mit wassergefährdeten Stoffen (AwSV).

Hazardous Waste Management & Solid Waste Management

- No open burning is permitted.

- Hazardous waste generated by contractors will be collected properly and disposed of off-site complying with all relevant laws and regulations.

- It is not allowed to use government containers to dispose any type of contractor generated waste.

- Do not empty fuels, lubricants, herbicides, pesticides, fungicides, paint, solvents or other chemicals into sewers or streams, only legal disposal methods are acceptable.

- Whenever possible Contractors and Suppliers should seek recycling opportunities for the management of waste.

- Provide data (Abfallbilanz) of disposed material, including construction debris to the contract inspector.

- Provide all disposal papers (Entsorgungsnachweise + Begleitscheine/Übernahmescheine) and a summary of material disposed/recycled by tonnage proven by weight tickets to the contract inspector.

Spills:

- All contractors that transport, process, store, or in any way handle HM, HW, POL, or other restricted items are required to develop their Red Plan (Ölalarmplan).

- The contractor shall instruct personnel in Red Plan requirements and post the Red Plan at the worksite

- Clean up and dispose of any spillage that may occur whether on land or water.

- Keep spill kits on-hand in case of spills.

- Notify Fire Department and EMD staff immediately in case of any spills.

Noise:

- Use vehicles and equipment with efficient muffling devices.

- Whenever practical minimize noise resulting from activities while on site

- Motor vehicle/ engine idling is prohibited.

Points of Contact:

Fire Department Ansbach: (09802) – 83 – 1127

Fire Department Illesheim: (09841) – 83 – 1127

Environmental Management Division: (09802) – 83 – 2158

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

1.22.1 Anti-Terrorism (AT) Level I Training: RESERVED

1.22.2 OPSEC Training: RESERVED

1.22.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance, with the results reported to the COR within thirty (30) calendar days after the contract is awarded and within thirty (30) calendar days after new employees commence contract performance. Verification of the training shall be provided to the COR within thirty (30) calendar days after completion of the training (Deliverable # A005).

Training slides can be found on the website:

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

1.22.4 Information Assurance (IA) Training:

1.22.4.1 RESERVED

1.22.4.2 RESERVED

1.22.4.3 RESERVED

1.22.5 Personally Identifiable Information (PII): RESERVED

1.23 Authorization to Perform Services in Germany

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

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

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

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive RESERVED

1.26 Government Property and Services: RESERVED

1.27 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams.

The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart

202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

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

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

Emergency Repairs – means repairs which occur unexpected and can cause damage in the community, health & safety issues or/and loss of lives as well as those which can cause the malfunction of the all system or hinder the system to operate well.

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

Government property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

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

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

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS).

It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

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

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

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

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

Work Week - Monday through Friday, unless otherwise specified.

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

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit TUEV German Technical Inspection Association / Technischer Überwachungsverein USAREUR U.S.ArmyEurope UOM Unit of Measure VDI The association of German Engineers / Verein Deutscher Ingenieure VDE The Technology association / Verband der Elektrotechnik

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: RESERVED

3.2 Facilities: RESERVED

3.3 Utilities: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.

3.4 Equipment: RESERVED

3.5 Special Tooling and Test Equipment: RESERVED

3.6 Materials: RESERVED

3.7 Training: The Government will provide the following training: iWATCH as stated in the paragraph 1.22 ‘Required Training’.

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents.

4.2 Secret Facility Clearance: RESERVED

4.3 Materials: Contractor shall furnish all materials to perform services as described in the PWS.

4.4 Vehicles and Equipment: The Contractor shall provide all necessary vehicles and equipment to perform the work described in this PWS. All Contractor provided vehicles and equipment shall have the company name prominently displayed on both sides of the vehicle or equipment and present a neat, professional appearance. Contractor's vehicles and equipment used in the performance of this contract shall meet all local and Host Nation traffic, safety, and environmental requirements.

Vehicles and equipment found to be unsafe shall be removed from the installation and replaced. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor vehicles and equipment without prior written approval of the Contracting Officer. The COR may inspect the Contractor’s vehicles and equipment at any time.

4.5 Background Checks: The Contractor shall provide Background Checks in accordance with this PWS and as determined by the Government.

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide services for the maintenance and repair work, the recurring general-, safety, and explosion protection inspections, as well as the TUEV inspection of above-/underground storage tanks within USAG Ansbach.

5.2. Tasks

5.2.1.1 Maintenance Work

a) A maintenance schedule must be submitted to the COR prior the commencement of the work (Deliverable # A006)

b) Execute maintenance work in accordance with § 19 German Federal Water Act (WHG), VDI and VDE Requirements

c) Provide maintenance reports with the submission of the invoice.

d) AQL: 100% compliant

5.2.1.2 Safety Inspection

a) Conduct safety inspection in accordance with the ordinance of the Industrial Safety and Health (BetrSichV), the accident prevention guidelines ( UVV - Unfallverhütungsvorschriften) and TRBS 1122 (TRBS - Technische Regeln für Betriebssicherheit

b) AQL: 100% compliant

5.2.1.3 TUEV Inspection

a) Conduct TUEV inspection by TUEV authorities for each storage tank as requested by the Government.

b) Perform visual and functionality check of the overall tank system (tank fill up, cables, alarms, dust, etc.…)

c) Deliver TUEV Certificates (Deliverable # A007) within ninety (90) calendar days after the TUEV Inspection

d) AQL: 100% compliant

5.2.1.4 Explosion Protection

a) Conduct explosion Protection test according to the ordinance for facilities handling water-endangering substances

(AwSV) and the technical regulations concerning flammable liquids (TRbF).

b) AQL: 100% compliant

5.2.2 Repair Work

a) For deficiencies found during the maintenance, the contractor must notify the COR and send a cost estimate within seven (7) calendar days (Deliverable # A008). After completion of the repair, the contractor must submit a warranty for the functioning system, at the latest with the submission of the invoice.

AQL: 100% compliant

b) In case of emergency repairs, the contractor is required to provide a written cost estimate within one (1) calendar day to the COR and perform the repair work within two (2) calendar days after the approval of the COR.

AQL: 100% compliant

5.2.3 Contractor Manpower Reporting

5.2.3.1 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 via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from 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 2013.

Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at: mailto:dod.ecmra-army-support-desk@mail.mil or mailto:usarmy.pentagon.hqda-asa-mra.mbx.samr-fm-cmra@mail.mil. If contract period of performance ends prior to September 30, the Contractor has thirty (30) calendar days from end date of the contract to complete the eCMRA requirement.

STD: All information provided by the Contractor shall be accurate, complete, and not exceed suspense dates noted in corresponding paragraph above.

AQL: 100% Compliant (Deliverable # A009).

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions): The following publications, manuals, regulations, etc. are mentioned in this PWS and are listed below.

6.1.1 Department Of Defense Contract Security Classification Specification (DD Form 254)

6.1.2 Department of Defense Security Agreement (DD Form 441)

6.1.3 National Industrial Security Program Operating Manual (DoD 5220.22-M)

6.1.4 Installation Access Control (AE Reg 190-16)

6.1.5 The Army Physical Security Program (AR 190-13)

6.1.6 Contractor Identification (AE Reg 27-715)

6.1.7 U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)

6.1.8 Information Assurance Workforce Improvement Program (DoD 8570-M)

6.1.9 Information Assurance Training Certification and Workforce Management Directive (DoDD 8570.01)

6.1.10 Information Assurance (AR 25-2)

6.1.11 Electromagnetic Compatibility Directive (2004/108/EC)

6.1.12 Policies and Procedures for Property Accountability (AR 735-5)

6.1.13 Technische Regeln für brennbare Flüssigkeiten (TRbF)

6.1.14 The accident prevention guidelines (UVV – Unfallverhütungsvorschiften)

6.1.15 The Ordinance for facilities handling water-endangering substances (AwSV)

6.1.16 The association of German Engineers (VDI)

6.1.17 The Technology association (VDE)

PART 7

ATTACHMENT AND TECHNICAL EXHIBIT LISTING

7. Attachment and Technical Exhibit List

7.1 Technical Exhibit A – Performance Requirements Summary

7.2 Technical Exhibit B – Deliverables Schedule

7.3 Attachment – Table Sheet, Location of the Tanks

TECHNICAL EXHIBIT A

Performance Requirements Summary (PRS)

PERFORMANCE OBJECTIVE STANDARD PERFORMANCE THRESHOLD

ACCEPTABLE QUALITY

LEVELS (AQLs)

METHOD OF SURVEILLANCE

1) PWS Part 1 General Information Contractor shall comply with PWS provisions relating to Management and Administration

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

2) PWS Part 1 General Information Contractor shall comply with PWS provisions relating to Management and Administration processes

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

3) PWS Part 3 Government Property and Services Contractor shall comply with PWS provisions relating to Government Furnished Item and Services

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

4) PWS Part 3 Government Property and Services Contractor shall comply with PWS provisions relating to Government Furnished Items and Services processes

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

5) PWS Part 4 Contractor Furnished Items and Services Contractor shall comply with PWS provisions relating to Contractor Furnished Items and Services

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

6) PWS Part 4 Contractor Furnished Items and Services Contractor shall comply with PWS provisions relating to Contractor Furnished Items and Services processes

Surveillance Process Audits

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

Periodic Inspection

7) PWS Part 5 Specific Tasks Contractor shall comply with PWS provisions relating to Specific Tasks.

Inspection Checklist and Surveillance Summary Report Pass / Fail criteria Document Number:

>95 Percent Total Overall PRS Inspection Checklist Compliant Rate

100% Inspection Using COR Inspection Checklist and Surveillance Summary Report

TECHNICAL EXHIBIT B

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

A.001 Quality Control Plan (paragraph 1.5.1 of the PWS)

Once within 10…