W912PB19Q3123_PWS.pdf
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- W912PB19Q3123
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Performance Work Statement
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PERFORMANCE WORK STATEMENT (PWS)
RECURRING MAINTENANCE AND REPAIR SERVICE FOR
FIRE CONTROL CENTER (FCC) AT USAG BAVARIA – HOHENFELS
PART 1
General Information
1. General:
This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.
1.1 Description of Services/ Introduction:
This is a non-personal service contract to provide basic, recurring, and on-demand service for Fire Control Center (FCC) at United States Army Garrison (USAG) Bavaria – Hohenfels. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.2 Background:
The contract consists of basic, recurring, and on-demand service for FCC at USAG Bavaria – Hohenfels.
1.3 Scope:
The Contractor shall provide non-personal services as basic, recurring, and on-demand services to include provision of a recurring maintenance schedule, performing recurring maintenance work, trouble-shooting, providing cost estimates and order parts, and routine and emergency repair services on FCC at USAG Bavaria – Hohenfels.
1.4 Objectives:
The objective of this contract is to provide recurring maintenance and repair service for FCC at USAG Bavaria – Hohenfels.
1.4.1 Period of Performance
Base Year: 15 September 2019 through 14 September 2020 Option Year 1: 15 September 2020 through 14 September 2021 Option Year 2: 15 September 2021 through 14 September 2022
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 (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’s Representative (COR) for review within ten
(10) days after date of contract award (Deliverable A.001).
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) days. If the Government has provided comments, the Contractor shall then have three (3) 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 via COR no later than thirty (30) 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 the Contractor will monitor work to ensure that performance complies with all timelines, deadlines, and goals.
c. How the Contractor will monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.
d. How the Contractor will monitor and ensure staff qualifications remain current and valid throughout contract performance.
e. How the Contractor will inventory and track maintenance of all Government Provided Equipment/ Materials.
f. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future
g. How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.
1.5.1.1 Analysis of Quality Control and Timeliness of Submittals:
An Analysis of Quality Control and Timeliness of Submittals (i. e. deliverables) shall be provided to the COR and Alternate COR (ACOR) within ten (10) days upon completion of each option period or Task Order (Deliverable A.002).
1.5.1.2 Identified Issues or Potential Problems:
The Contractor shall inform the COR and ACOR of issues or potential issues that might affect the performance within twenty-four (24) hours of identifying those issues. Verbal reports shall be followed up by written reports within five
(5) days (Deliverable A.003).
1.5.2 Quality Assurance:
The Government will evaluate the Contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW 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 0730 to 1600 Monday through Friday except on U.S. and Host Nation Holidays identified in paragraphs 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 (i. e. Operation Control Center) operating hours are twenty-four (24) hours a day, seven (7) days a week. The Government facility is open for operations on both recognized U.S. and Host Nation Holidays identified in paragraph 1.5.3 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings.
1.5.4.3 Contractor Support Hours:
For daily operation of this contract, the Contractor shall provide support between the hours of 0730 to 1600 Monday through Friday except on U.S. and Host Nation holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. 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.
The Contractor, included key personnel, shall be available for an emergency site attendance and emergency work upon COR’s and/or ACOR’s request twenty-four (24) hours a day, seven (7) days a week included on Saturdays, Sundays, U.S and/or Host Nation Holidays. The Contractor shall have adequate procedures for receiving calls and/or messages in case of emergency. Refer to Attachment 6 for “Minimum Recurring Maintenance Requirements” included “Support Hotline”.
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 USAG Bavaria – Hohenfels. Refer to Attachment 4 for “List of Systems.”
1.6 Security Requirements:
The following information is provided on security related matters.
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 IAW 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:
https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf
1.6.3.1 Initial Installation Pass Log:
In addition, the Contractor shall provide the Contracting Officer via the COR and ACOR an Initial Installation Pass Log within three (3) days after contract award (Deliverable A.004). The log must at a minimum contain the following information: last, first, middle name of the employee (included subcontractors); copy of her/his valid personal identifier (e. g. passport); copy of his/her valid residence permit (only for non-EU citizens); date the employee will start working on the installation included probation and training period; polizeiliches Führungszeugnis; security questionnaire for a simple security check; registration information on privately owned vehicle (POV) used for the work at the installation: plate number, country, make, model, year, body type, and color. The log shall be updated as employees are added or removed and include last, first, middle name of the employee’s sponsor (if applicable, for the time a new employee does not have any permanent installation access) as well as contact details of the sponsor. The updated installation pass log shall be current and available at any time upon request by the Government and submitted to the COR and ACOR within five (5) days after any changes to the log (Deliverable A.005).
1.6.3.2 Installation Access Passes:
The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within three (3) days (Deliverable A.006). Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) days (Deliverable A.007).
1.6.3.3 Common Access Cards (CAC): RESERVED
1.6.4 Background Checks: RESERVED
1.6.5 Physical Security:
The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured IAW AR 190-13, “The Army Physical Security Program.”
1.6.6 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.
1.7 Key Control: RESERVED
1.8 Post Award Conference/Periodic Progress Meetings:
The Contractor shall attend any post award conference convened by the contracting activity or contract administration office IAW 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.
1.8.1 Scheduled and Unscheduled Meetings, Conferences, and Briefings:
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.
1.9 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.
1.10 Key Personnel:
The following personnel are considered key personnel by the government: Contract Manager / Alternate Contract Manager.
The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the Contracting Officer no later than five
(5) days after contract award (Deliverable A.008). At the Post Award conference but not later than ten (10) days after contract award date, the Contractor shall submit to the COR and ACOR in writing, the name, title, email address, office and working mobile telephone number of the Contract Manager and the alternate Contract Manager. The same information shall be submitted not later than ten (10) days after any changes of key personnel occur (Deliverable A.009). 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 for telephone and electronic mail communications with the COR and ACOR on working days from 0730 to 1600 Monday through Friday. In case COR or ACOR calls for an emergency on Saturdays, Sundays, American, and/or Host Nation Holidays, the Contract Manager or Alternate Contract Manager are required to respond not later than two (2) hours after the notification and/or initial call.
Qualifications for all key personnel are listed below:
1.10.1 Language Proficiency:
Key Personnel shall be able to fluently read, write, and speak both German and English.
1.10.2 Experience and Expertise:
Contractor personnel including subcontractors performing work under this contract shall work in compliance with the manufacturer’s operation and maintenance instructions and IAW all the applicable European and German regulations.
1.10.3 Special Qualifications:
The contractor for the work described in para. 5.2 is required to provide certification from the manufacturer of the fire control center equipment “Eurofunk Kappacher GmbH, Eurofunkstr. 1-6, 5600 St. Johann im Pongau, Austria” which authorizes them to perform the services required by this contract. The contractor shall provide with the contractor’s proposal certifications pertaining to the specific system qualifications required for each employee authorized to provide recurring maintenance as described in para. 5.2. After contract award, the contractor shall provide personnel certifications for each new employee for Government approval prior to the new employee providing recurring maintenance within this contract. The Contractor shall provide within 14 (fourteen) days after contract award and prior to any changes of personnel a list of employees who will work under paragraph 5.2 of this contract (Deliverable A.010). The Contractor and contracted personnel shall be certified and licensed by the manufacturer of the system described under (Attachment 4) List of Systems. The certification of personnel shall be an essential part of the contractor’s quality control plan.
1.11 Identification of Contractor Employees:
All Contractor personnel attending meetings, answering Government telephones, presenting briefings, conducting or attending meetings, and seminars, 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. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Refer to paragraph 4.4 “Vehicles and Equipment” for Contractor furnished vehicles and equipment.
1.12.1 Contractor Workspace: 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. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer via COR and ACOR prior to the contract performance date and updated as needed prior to any changes of personnel to reflect Contractor personnel changes (Deliverable A.011).
1.13 Contractor Travel:
For travel hours, refer to paragraphs 5.3.1 d) for trouble-shooting and to 5.3.2 e) for routine/emergency repair services.
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:
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.
The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.
g. contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.
1.17 Non-Disclosure Statements:
The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract (Deliverable A.012).
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 submit a plan within twenty-four (24) hours after the Contractor becomes aware of potential or actual OCI to the Contracting Officer via COR to avoid or mitigate any such OCI (Deliverable A.013). 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 Contractor shall comply with all safety and fire regulations as prescribed in applicable US, European, and German safety and fire prevention and protection codes, regulations, rules, and ordinances. In the event of an accident or injury, the Contractor shall forward one completed copy of an accident report (local Contractors submit copy of locally required accident report;
American Contractors submit copy of DA Forms 285, 285-A, 285-AB, 285-b, 285-O, 285-W, United States Army Accident Investigation Report) to the Contracting Officer via COR and ACOR not later than three (3) workdays after occurrence for all personal injury accidents (Deliverable A.014).
1.20.1 Host Nation Safety Laws and Regulations: RESERVED
1.21 Environmental Compliance:
The following provides information on Environmental Compliance.
1.21.1 Environmental Compliance Plan and Program:
The Contractor shall ensure that all systems covered under this contract operate IAW local, State, Federal, and DA air and water pollution control requirements. If handling POL or other environmental sensitive products they shall establish a spill Prevention and Cleanup Plan for handling POL, spill prevention and spill cleanup in cooperation with the Community Spill Coordinator and the fire department. The Contractor shall notify the COR within one (1) hour upon spilling of hazardous materials. The Contractor shall be responsible for the prompt and proper cleanup and disposal of hazardous materials spills.
The Contractor shall be responsible for disposal of unserviceable material at an authorized disposal site and IAW legal host nation waste disposal laws. The Contractor shall comply with the USAG Hohenfels Spill Prevention and Response Plan.
1.22 Required Training:
The following provides information on training requirements.
1.22.1 Anti-Terrorism (AT) Level I Training:
All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days (Deliverable A.015) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable A.016) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within three (3) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable A.017) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies
If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided within three (3) days after completion of the training (Deliverable A.016).
1.22.2 OPSEC Training:
All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (Deliverable A.018). Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable A.019). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months (Deliverable A.020). Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable A.019).
If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable A.019).
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) days after the contract is awarded and within thirty (30) days after new employees commence contract performance (Deliverable A.021), with the results reported to the COR within three (3) days after completion of the training (Deliverable A.022). Training slides can be found on the Army OneSource we site:
http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.
1.22.4 Information Assurance (IA) Training:
1.22.4.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within thirty (30) days (Deliverable A.023) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable A.024).
1.22.4.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.
1.22.4.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS) within thirty
(30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance (Deliverable A.025), the web address is https://atc.us.army.mil/iastar/index.php. Verification of registration shall be provided to the COR within three (3) days after registration (Deliverable A.026). Contractor personnel must complete refresher training every twelve (12) months (Deliverable A.027). Verification of the training shall be provided to the COR within three (3) days after completion of the training (Deliverable A.024).
1.22.5 Personally Identifiable Information (PII): RESERVED
1.23 Authorization to Perform Services in Germany:
1.23.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.
1.23.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.
1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.
1.24 Notice to Proceed: RESERVED
1.25 Electromagnetic Compatibility Directive:
The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.
1.26 Government Property and Services: 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 Contracting Officer through the COR in writing within ten
(10) days of completion of the inspection (Deliverable A.028). 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 Contracting Officer.
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 Work – Repair requirements which constitute an immediate threat to the safety, health, and/or welfare of personnel and/or damage to Government property as On-Demand Service.
Government-furnished property – means property furnished to the Contractor by the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.
Government property – means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
Ground fuels and lubricants – any fuels, lubricating oils, and greases required in the operation of vehicles and equipment used in the performance of this contract.
Inspection – An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. The results are usually compared to specified requirements and standards for determining whether the item or activity is in line with these targets, often with a Standard Inspection Procedure in place to ensure consistent checking. Inspections are usually non-destructive. Inspections may be a visual inspection or involve sensing technologies such as ultrasonic testing, accomplished with a direct physical presence or remotely such as a remote visual inspection, and manually or automatically such as an automated optical inspection.
Maintenance – Maintenance is the scheduled, systematic maintenance of components of a system or a piece of equipment in order to extend the life of the equipment and to minimize breakdowns. Maintenance includes inspection, adjustment, cleaning, lubrication, parts replacement, calibration, testing, trouble-shooting, and repair for performance. Maintenance is the work, including preventive maintenance, required to preserve and maintain both real property and equipment in such condition that it may be effectively used for its designated functional purpose. Maintenance includes work to prevent damage and wear.
Maintenance includes work to sustain components. Examples include replacement of lubricants, hydraulic oil, filters, making necessary adjustments, painting, caulking, sealing, and inspection of equipment for defective operation or wear.
Man-hour – Those hours expended on a repair that is production only. Hours expended awaiting material or personal and travel time shall not be counted.
On-Demand Services – On-demand services are defined as trouble-shooting services, emergency, and/or routine repair work.
Operable condition – That state of repair necessary for an item to function at its designated capacity and/or efficiency.
Operation – Manage, use, and/or operate a technical system, facility, equipment and/or function to achieve a desired result.
Property Administrator – means an authorized representative of the Contracting Officer appointed IAW 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.
Recurring Maintenance (RM) – Recurring maintenance is that work performed on a recurring schedule such as annual, semiannual, quarterly, monthly, weekly, and/or in coordination with the COR. Recurring work may also be seasonal work scheduled and completed prior to the maximum utilization of the item.
Recurring Services – Recurring services are defined as inspection, test, load test, calibration, operation, trouble-shooting, and maintenance work.
Repair – Repair is the restoration of equipment and real property to such condition that it may be used for its designated functional purpose. Repair is the overhaul, and/or replacement of deteriorated component parts or material. Repair includes correction of deficiencies in failed or failing components of existing facilities, equipment, and/or systems.
Routine work – Maintenance/repair requirements that do not meet the criteria of urgent and/or emergency service calls.
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.
System – A system is defined as one (1) Fire Control Center including all associated components.
Test – A test is a scientific or engineering method, such as a physical test, chemical test, and/or statistical test. It is a definitive procedure that produces a test result. A test can be considered a technical operation or procedure that consists of determination of one or more characteristics of a given product, process or service according to a specified procedure. The test result can be qualitative (yes/no), categorical, or quantitative (a measured value). It can be a personal observation or the output of a precision measuring instrument. Usually the test result is the dependent variable, the measured response based on the particular conditions of the test or the level of the independent variable.
Trouble-shooting service – performed to diagnose faults within equipment and/or its pieces.
Work Day – The number of hours per day the Contractor provides services IAW 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 AU Activity Unit 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 EA Each FAR Federal Acquisition Regulation FCC Fire Control Center FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 HR Hour(s) IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office IAW in accordance with 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 SOFA Status of Forces Agreement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan RA Requiring Activity RCO Regional Contracting Office RM Recurring Maintenance SIGE Safety and Health Protection Plan TE Technical Exhibit USAG United States Army Garrison USAREUR U.S. Army Europe UOM Unit of Measure
PART 3
GOVERNMENT PROPERTY (GP) AND SERVICES
3. Government Property and Services:
The Government will provide the following listed facilities, equipment, materials, utilities, and services at no cost to the Contractor. Any damages to U.S. Government property caused by the Contractor or his personnel shall be repaired or replaced immediately and at no cost to the U.S. Government. Arrangements for repairs to U.S. property shall be made by the Contractor and not by the U.S. Government.
3.1 Services: RESERVED
3.2 Facilities: RESERVED
3.3 Utilities:
The Government will provide all utilities at no cost. The Contractor shall instruct employees in utilities conservation practices.
The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment. All utilities connections to Contractor furnished facilities or equipment shall be the responsibility of the Contractor through coordination with the COR and the cost for the connections be included herein. Utilities are free of charge at given fixed installed locations where available.
3.4 Equipment: RESERVED
3.5…
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