Performance_Work_Statement.pdf

409th CSB Ver 5 20180730

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair of Material Handling Equipment (MHE) 405th AFSB, BASOPS Maintenance Division Grafenwoehr

UNIT 28132

APO AE 09114-8132

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 Maintenance and Repair of U.S. Government owned Material Handling Equipment (MHE). 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: The contract is for maintenance and repair services of U.S. Government owned MHE as specified in this Performance Work Statement (PWS) manufactured but no limited to Clark, Cesab, Crown, Daewoo, Dexton, Hanselifte, Hyster, Jungheinrich, Linde, Mitsubishi, Nissan, O&K, Steinbock, Still, Toyota Yale and Yang at US Army Garrisons within the footprint of Germnay, not to include Garmisch. The estimated quantities which may be ordered against the resulting contract may vary in practice, and are not guaranteed quantities/amounts.

1.3. Scope: The Contractor shall provide non-personal services for maintenance and repair services of U.S. Government owned MHE. The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control (monitor burn rate of associated CLIN’s), meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed

1.4 Objectives: Maintenance and Repair of MHE, manufactured but not limited to: Clark, Cesab, Crown, Daewoo, Dexton, Hanselifte, Hyster, Jungheinrich, Linde, Mitsubishi, Nissan, O&K, Steinbock, Still, Toyota Yale and Yang. Periodic certification inspections of equipment as required by German/U.S. law.

1.5 General Information:

1.5.1 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.

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.

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 three

(3) 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?

1.5.2 Quality Assurance: The Government will 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 acceptable quality levels (performance thresholds).

1.5.3 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.

1.5.3.1 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.

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

1.5.3.2 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.

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are from 07:15 – 16:00, Monday thru Friday, except U.S. and Host Nation Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 07:15 – 16:00, Monday thru Friday except U.S. and Host Nation Holidays identified in paragraph 1.5.3.1 and 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 07:15 – 16:00, Monday thru Friday except U.S. and Host Nation Holidays. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: reserved

1.5.5 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.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at US Army Garrison Ansbach, US Army Garrison Bavaria not to include Garmisch, US Army Garrison, Rheinland Pfalz, US Army Garrison Stuttgart and US Army Garrison Wiesbaden. within the footprint of Germnay,. The place of work will be determined on each individual work order. If contractor decides that a repair and/or maintenance needs to be performed at contractor’s facility, transportation and all other cost shall be incurred by the contractor. Equipment being serviced and/or repaired must be available at both sides during reqular work hours (07:15 – 16:00, Monday thru Friday for inspection by the US Government except US and/or Host Nation holidays).

1.6 Security Requirements:

1.6.1 Security Program: reserved

1.6.2. Personnel Security Clearance Requirements: reserved

1.6.3 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/

1.6.3.1 In addition, the Contractor shall provide the Contracting Officer, via the COR, an Initial Installation Pass Log within ten (10) calendar days after contract award. The log shall be updated as employees are added or removed. The updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log.

1.6.3.2 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 ten (10) calendar days.

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within ten (10) calendar days.

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

Organizational Sponsor: Ms. Melanie Przybyla Location: Grafenwoehr, Tower Barracks, Bldg. 301 DSN Phone No: 475-8218 Commercial Phone No: +49 (0) 9641-83-8218 Installation Access Control Office: IACS Grafenwoehr Location: Grafenwoehr, Tower Barracks, Bldg. 244 DSN Phone No: 475-8415 Commercial Phone No: +49 (0) 9641-83-8415

1.6.3.4 Common Access Cards (CAC): reserved

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

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within five (5) calendar days of receipt by the Contractor, identifying such with the appropriate contract number. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within ten

(10) calendar days of receipt by the Contractor, identifying such with the appropriate contract number. When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the activity manager. As a minimum prior to beginning performance, local national and third country national Contractors shall furnish the activity manager a Polizeiliches Fuehrungszeugnis issued within the previous four months no later than ten (10) calendar days.

Forwarding correspondence from the Contractor shall identify the associated contract number. The activity manager will determine the favorability of the Polizeiliches Fuehrungszeugnis. The activity manager shall forward a copy to the Contracting Officer of each favorable Polizeiliches Fuehrungszeugnis within five (5) calendar days of receipt by the activity manager, identifying such with the appropriate contract number. Activity managers shall forward a copy of unfavorable Polizeiliches Fuehrungszeugnis within ten (10) of receipt by the activity manager, identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (above).

1.6.5 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. When Government owned equipment is turned over to the contractor, the contractor assumes full responsibility and liability for the equipment by signing the work-order form upon receipt. Before accepting the equipment the contractor will inspect the equipment for damage or missing components record this information on the work-order and notify the Government representative. Damages or missing parts not listed on the work-order will be considered as contractor’s responsibility. After the equipment has been accepted by the contractor a copy of the signed work-order shall be returned to the COR within two (2) hours.

1.6.6 Operations Security (OPSEC) Requirements: reserved

1.7 Key Control: reserved

1.8 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.

1.9 Contracting Officer 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.

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

1.10.1 Contract Manager:

The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, who shall act for the contractor, along with a Curriculum Vitae (CV), shall be provided in writing to the Contracting Officer no later than five (5) calendar days after contract award. The 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 shall be available between hours of operation IAW with section 1.5.4.3.

1.10.2 Alternate Contract Manager:

The contractor shall provide an alternate Contract Manager who shall be responsible for the performance of the work when the prime Contract Manager is absent. The name of this person, along with a Curriculum Vitae (CV), shall be provided in writing to the Contracting Officer no later than five (5) calendar days after contract award. In absent of the prime Contract Manager, the alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract between hours of operation IAW section 1.5.4.3.

1.10.3 Change of Key Personnel:

In case of any change of Key Personnel, the contractor shall inform the contracting officer in writing within ten (10) calendar days after the change without any request of the U.S. Government.

Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: Contract Manager and alternate shall be able to read, write, speak and understand the English language as well as the host nation language fluently and accurately on all levels normally pertinent of professional needs. They must be able to communicate effectively and compose correspondence and other written communications about the work for which they are responsible.

b. Special Qualifications: The contractor must demonstrate a minimum of an Automotive-/Construction Equipment- /Agricultural Equipment or Machine Construction- Meister on staff. A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official Chamber of Crafts (Handwerkskammer). This persion must demonstrate a minimum of five (5) years’ experience, within the past ten (10) years, working within this area of responsibility. The respective certificates and statements shall be provided to the contracting officer with the contractor’s proposal.

c. Technicians (empowered journeyman): Contractors technician who acutally perform the repairs and/or maintenance shall have a completed apprenticeship as either an Automotive, or Construction, or Agriculture technician. The contractor must demonstrate that it has required personnel at this level on staff prior to the contract start date to the COR. The contractor shall provide evidence of the completed apprenticeship within five (5) calendar days to the COR after new employees commence contract performance. It is the contractors responsibility to ensure that all required work will be performed by knowledgeable empowered journeymen only.

1.11 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.

1.11.1 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). Contractor employees shall identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings, and seminars. All Contractor correspondence (written, facsimile, and email display) shall include their company name.

1.12 Contractor Travel Contractor shall be required to travel during the performance of this contract to attend meetings, conferences, training and to perform requrested maintenance and/or repairs services. Travel requirements will not be paid by the Government and are at the contractors expense.

1.13 Other Direct Costs: reserved

1.14 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

1.15 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer.

The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.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.

1.16 Non-Disclosure Statements reserved

1.17 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.

1.18 Phase In /Phase Out Period: reserved

1.19 Safety: For any work performed at an U.S. Government installation, the contractor shall be responsible for all damages to persons or property that occur as a result of the contractor’s fault or negligence. The contractor at all times keep the work area free from accumulations of waste materials. Before completion the work, the contractor shall remove from the work and premises any rubbish, tools, scaffolding equipment, and materials that are not the property of the US Government.

Upon completion the work, the contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Government.

1.19.1 Host Nation Safety Laws and Regulations: The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase.

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.19.1.1 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) working days that such notifications were made.

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

1.21.1 Environmental Compliance Plan and Program: The Contractor shall ensure that all of its operations and activities conform to US Army Installations environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. The local US Fire Department needs to be notified immediately if hazardous substances as well as hazardous waste or operational substances (Diesel, hydraulic fluid etc.) are released caused by failure of vehicles or construction equipment.

-Phones:

Kaiserslautern: 06302-67-7788, Baumholder: 06783-6-7187, Wiesbaden 0611-705-5883, Grafenwoehr: 09641-83-8975, Vilseck: 09662-83-2883, Hohenfels: 09472-83-2858, Ansbach: 09802-83-3277, Stuttgart: 0711-729-4237.

1.22 Required Training:

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

1.22.2 OPSEC Training: reserved

1.22.3 iWATCH Training: reserved

1.22.4 Information Assurance (IA) Training: reserved

1.22.5 Personally Identifiable Information (PII): reserved

1.22.6 For contractors that do not required CACs, but require access to a DOD facility or installation Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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: reserved

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

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

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

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

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

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

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

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

Government-furnished property - means property 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 BASOPS Base Operation Support BGV Berufsgenossenschaftliche Vorschriften (Industrial injuries corporation regulation) 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 GUV Gesetzliche Unfallversicherung (Host Nation insurance) 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 MHE Material Handling Equipment 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 UIC Unit Identification Code UVV Unfall Verhuetungsvorschriften (Accident Prevention regulation) USAREUR U.S. Army Europe UOM Unit of Measure WAWF Wide Area Workflow

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: reserved

3.2 Facilities: The Government will provide facilities to the contractor on a space available basis in order for the contractor to perform maintenance and repairs as identified on the DA 2404. At no time shall the contractor interfere with the daily operations of the Government provided facility and its employees.

3.3 Utilities: The Government will provide water and electricity when shop space is available in Government facilities. 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: The contractor shall provide all tools and equipment necessary to perform maintenance and repairs as identified on the DA 2404. Under extraordinary circumstances, if tools or equipment are not immediately available to the contractor but available at the Government facility the contractor may request permission to borrow the respective tools or equipment for its authorized use. The contractor shall be held financially responsible to replace any damaged equipment or tools. Also the contractor shall be fully held responsible for any damage caused to or by the misuse of equipment provided by the Government. All damages caused to or by Government owned tools or equipment must be reported to the Government immediately.

3.5 Special Tooling and Test Equipment: reserved

3.6 Materials: The U.S. Government may supply material such as oil, lubricants, bulbs, batteries, cooling fluid, tires, repair or spare parts. The contractor shall not include any charges for material furnished by the U.S. Government as identified on the DA Form 2404.

3.7 Training: reserved

3.8 Common Access Cards (CAC): reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: Except for Government furnished supplies, the contractor shall furnish all necessary personnel, tools, test/diagnostics equipment, materiel, repair/replacement parts and service vehicles to perform the services specified in this PWS and under this contract. The Contractor shall also furnish materials listed under Part 3 of this PWS when not available from the Government.

4.2 Secret Facility Clearance: reserved

4.3 Materials: The Contractor shall be responsible for ordering and maintaining sufficient materials/repair parts to perform the work within the allocated time frame, as stated in this PWS. The Government will not reimburse the contractor for indirect cost. (Material Handling, Subcontractor Administration, etc.)

4.4 Vehicles and Equipment:

4.4.1 Vehicles: The work to be performed under this contract will be performed at the contractor’s facility or at the US Government facility where the equipment is located. The place of work performance will be determined on the work-order. If contractor decides that repair needs to be performed at contractors location, transportation and all other cost shall be incurred by the contractor. In addition, the contractor shall furnish its technician with mobile workshop vehicles in order to meet the requirement for on-site repairs. Even these costs shall be on contractor’s expense and cannot be invoiced separately.

4.4.2. Equipment: The contractor shall provide tools-, test/diagnostics equipment, materiel, repair/replacement parts to perform the services specified in this PWS and under this contract.

4.4.3. Technical Literature: The contractor shall provide a version of the current manufacturer price list for repair parts, a repair parts identification list and a manufacturer’s standard labor hour chart for specified types of maintenance and repair services. These publications must be made available to the COR without any cost to the U.S. Government within two (2) weeks after award of contract. Updates and changes of these documentations shall be provided to the COR within two (2) working days after changes becomes effective. The contractor shall provide this publication in either hard copy or in digital media, compatible with the Operating System Windows10 and Microsoft Office 2016 or in PDF. In case of non-availability of any literature the contractor must inform the Contracting Officer and Contracting Officer Representative (COR) immediately but not later than four weeks after contract award date.

4.5 Background Checks): reserved

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide maintenance, repair services and certification safety inspections on U.S.

Government owned MHE and supply repair parts for such maintenance in accordance with this PWS. Make and Model of equipment, as listed on Attachment 3, are not limited to and may vary. The services to be provided include but are not limited to routine maintenance services, repairs, host nation required safety inspections, preparation of detailed repair and maintenance cost estimates. It is the contractor’s responsibility to perform all required work in accordance with applicable norms and regulations

5.2 Tasks

5.2.1 When requested, the contractor shall perform certification safety inspections in accordance with DGUV 79 (former BGV D34). This inspection shall be performed every 1000 operating hours or every twelve (12) months, whichever comes first or when major repairs have been performed on the fuel system. It covers only the certification inspection for tightness, proper function, and signs of unauthorized tampering, as well as the functionality of safety and fail safe devices.

5.2.2 When requested, the contractor shall conduct safety inspections in accordance with DGUV 68 (former BGV D27). This inspections shall be performed once a year or when major repairs have been performed on the lifting structures. A visual inspection shall be performed prior to and after functionality test are performed. The contract shall record pre-test and post-test findings, actions taken and enter test date in the end item’s historical records (test book).

5.2.3 When repair services and/or safety inspections are required under this contract the authorized Government representative (COR or ACOR) will assign a Delivery Order number and issue an evacuation work order to the contractor.

This work order contains a brief description of the equipment, location and deficiency. Attached to this work order will be a DA Form 2404 (Maintenance and Inspection work sheet) which identifies the major deficiencies of the equipment In addition, the contractor shall perform a thorough inspection of the equipment in order to identify any other maintenance or repair requirement necessary to restore the equipment to a safe and operational condition. All repairs and/or services shall be performed in accordance with manufacturer’s specifications and the most current version of commercial industrial standards (e.g. DGUV 79, DGUV 68, FEM 4.004).

5.2.4 After accepting the equipment, the contractor must sign the evacuation work order, note any additional deficiencies on DA Form 2404 and return both documents to the COR within two (2) hours.

5.2.5 Within five (5) workdays after receipt of the work order, the contractor shall provide a written cost estimate itemized according to the Contract Line Number (CLIN) and price schedule of the contract to the COR. The contractor shall disassemble the MHE to a certain extent in order to prepare a detailed cost estimate.