FAP_ACS_Educator_2_RB_TB_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

USAG Bavaria Grafenwoehr

Military Community Army Community Service Family Advocacy Program

Family Advocacy Program Educator Services

May 23, 2019

Part 1 General Information

1. General: The Family Advocacy Program (FAP) Educator Services (hereafter referred to as the Contractor) shall provide services in support of the Army Community Service (ACS), United States Army Garrison (USAG) Bavaria, Grafenwoehr Military Community. The Contractor shall be responsible for classes on FAP-related topics to Soldiers, Department of Army (DA) civilians, and their Families. The Contractor shall also handle some routine FAP administrative actions. The Contractor shall provide his/her own transportation and all necessary equipment to fulfill this contract except as stated herein. The Contractor shall adhere to Army Regulations, policies and procedures. A Point of Contact (POC), appointed by the Army Community Service Director, will provide administrative oversight. Government reserves the right to supplement services provided by the Contractor through other available means.

1.1 Description of Services/Introduction: This is a non-personnel services contract to provide Family Advocacy Program Educator Services. 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 USAG Bavaria Grafenwoehr Military Community ACS has established a FAP program. This is an Army-wide program for prevention of domestic violence, as the military lifestyle places special pressures on Soldiers and Family Members who must continually adjust to new locations and extended Soldier absences. The Contractor shall provide an extensive array of classes. There will be some variation in workload during the life of this contract; several classes are not required during the summer months.

1.3 Scope: The Contractor shall provide non-personal service(s). The Family Advocacy Program (FAP) Educator Services (hereafter referred to as the Contractor) shall provide services in support of the Army Community Service (ACS), United States Army Garrison (USAG) Bavaria, Rose Barracks and Tower Barracks Military Community. The Contractor shall be responsible for classes on FAP-related topics to Soldiers, Department of Army (DA) civilians, and their families. The Contractor shall also handle some routine FAP administrative actions such as program reporting and publicity for functions.

The Contractor shall provide his/her own transportation and all necessary equipment to fulfill this contract except as stated herein. The Contractor shall adhere to Army Regulations, policies and procedures. A Point of Contact (POC), appointed by the Army Community Service Division Chief, will provide administrative oversight. Government reserves the right to supplement services provided by the Contractor through other available means.

1.4 Objectives: The contractor shall provide classes and briefs and home visitation and maintain the following: (See Part 5 Specific Tasks)

• Maintain class record forms and information

• Schedule and prepare for classes

• Develop lesson plans based on accreditation standards

• Update existing instruction materials

• Utilize ACS marketing POC to publicize all aspects of the educator program

• Attend Family Advocacy Program Council

• Will provide a qualified sub-contractor to cover during all absences

• Document client home visitations and all necessary data in CTS

1.5 General Information: This contract is inclusive of two (2) full-time contractors. The Contractor will be physically located in the ACS Rose Barracks, Building 322. The Contractors will have office hours from 0730-1630 daily, excluding weekends and Holidays (as specified in 1.6.6). The Contractor instructions/services will occur in a variety of settings on the USAG Bavaria Grafenwoehr Military Community installations. The Contractor shall perform instructions/services eight (8) hours every day between the hours of 0730 and 1630. The Contractor can be called upon to perform duties before/after hours as well as weekends. These costs must be included in the proposal upon submission. The Contractor shall confirm time and locations with the POC. The Contractor will have access to the ACS building and to other facilities if needed.

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within thirty (30) days of contract award for approval. Subsequent modification shall be made as required or to respond to concerns of the POC.

Three (3) copies of a comprehensive written Quality Control Plan (QCP) shall be submitted to the COR within five

(5) working days when changes are made thereafter. After acceptance of the QCP the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

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 days. If the Government has provided comments, the Contractor shall then have five 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 ten 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 (Paragraph 1.8 Key Control)?

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?

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the COR within 30 days upon completion of each option period or Task Order.

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance as soon as possible of identifying those issues. Verbal reports shall be followed up by written reports within ten calendar days.

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

1.5.3 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 be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

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 1630 Monday through Friday except U.S. Holidays identified in paragraph 1.6.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 0730 to 1630, Monday through Friday. The Government facility is open for operations during the recognized Host Nation Holidays identified in paragraph 1.5.3.2 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730 to 1630, Monday through Friday and state whether the facility is open or closed during 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. 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: The Contractor shall prepare and maintain a Work Plan. The plan, as a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). This position is part-time, requiring 32 hours of services each week. The contractor is responsible for conducting business between the hours of 0730 and 1630 Monday thru Friday, except Federal holidays, the Government facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. There will be times when a class/service will be requested on short notice and could not be scheduled in advance. These hours will be coordinated between the Contractor and the Family Advocacy Program (FAP) Manager and/or ACS Officer and will be billed at the rates as awarded in the contract. All service performance will be determined by the FAP Manager and/or the ACS Officer based on the needs of the community.All classes, briefings, services and administration times shall be scheduled monthly with the Family Advocacy Program Manager (FAPM) or their designee NLT the 15th of the month for the next month. The Contractor’s proposed Work Plan shall be submitted to the Contracting Officer via the COR for review within five work days after date of contract award. The Government will review and either accept or return their comments to the Contractor within ten (10) days. The Contractor shall then have three (3) days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the COR for review and acceptance by the Contracting Officer at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.

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 ACS Rose Barracks, Building

322. The Contractor will have office hours from 0730-1630 daily, excluding weekends and Holidays (as specified in 1.6.6).

The Contractor instructions will occur in a variety of settings on the USAG Bavaria Grafenwoehr Military Community installations. The Contractor shall perform instructions/services between the hours of 0730 and 1630. The Contractor can be called upon to perform duties before/after hours as well as weekends. These costs must be included in the proposal upon submission. The Contractor shall confirm time and locations with the POC. The Contractor will have access to the ACS building and to other facilities if needed.

The Contractor shall provide a business phone number to the agency as a means of notifying the Contractor for emergencies and client related calls.

1.6 Security Requirements: The following information is provided on security related matters. The contractor shall be responsible for safeguarding all government equipment, facilities, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.1 Security Program: Contractor and contractor personnel performing work under this contract must have a local background check, which includes FBI fingerprints, at the time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached DD254. Due to this requirement, U.S. citizens must have lived in the U.S. for three (3) of the past five (5) years or if a foreign national, must have lived in Germany for at least one year, in order to complete the background checks required to obtain a Common Access Card (CAC) to allow access to a government computer and the set-up of a government e-mail address to perform the services. The Contractor will obtain and maintain a CAC card for computer usage. The Contractor is responsible to complete all training and certification requirements to use the Government Local Area Network computer within fourteen (14) working days of contract award.

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 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://www.aepubs.eur.army.mil/AE-Regulations/

1.6.3.1 The contractor shall provide an installation pass log within thirty (30) calendar days after contract award. The pass log shall be updated as employees are added or removed and submitted to the COR within five (5) days after changes. Installation access information can be found in the contract Addendum. Upon the termination of employment or termination/cancellation of this contract, the Contractor is responsible to collect the installation access passes.

1.6.3.2 The contractor shall collect the installation access passes the same day employment of an individual has expired/terminated, and shall return them to the issuing office within three (3) workdays.”

1.6.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within three (3) workdays.

1.6.3.4 Common Access Cards (CAC): The Contractor shall provide the following information: Last, First Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR with 15 calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.5.

1.6.3.4.1 The Contractor shall provide a CAC log within the first 30 calendar days after contract award and within five (5) days after changes have been made (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

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. A Care National Agency Check and Inquiries (CNACI) and local background checks are mandatory for all who provide services under the Family Advocacy Program (FAP).The Contractor must successfully pass the background checks with no derogatory information regarding issues of spouse and child abuse.

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) days of receipt by the Contractor, identifying such with the appropriate contract. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within three (3) 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 Requiring Activity Manager.

As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer via the COR and the Requiring Activity Manager a Polizeiliches Fuehrungszeugnis, issued within the previous four months, no later than five (5) days after contract award. Forwarding correspondence from the Contractors shall identify the associated contract number. The Requiring Activity Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer via the COR and the Requiring Activity Manager within three (3) days of receipt, 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 (see paragraph 1.7.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

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

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan and the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor.

The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

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 in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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

1.9 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: Contractor, Contract Manager/ Alternate Contract Manager, FAP Educators. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the FAP Educators. 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. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate:

The Contract Manager and Alternate Contract Manager must have equal or higher level education as specified in the educational requirements of the FAP Educator in health and human services related field.

b. FAP Educator:

Bachelor’s degree in Education, Social Work, Sociology or Psychology from an accredited college or university.

Three (3) years of experience instructing children and adults in life skills topics. Examples of successful experience are as follows: Instructing children, teens and parents in developing appropriate expectations of each other, relationships and appropriate interactions in an educational setting.

One (1) year of experience working with victims and perpetrators of domestic violence (spouse & child) and child neglect. At a minimum: One (1) year experience working with individuals that may be reluctant to participate in a self-improvement program (examples: alcoholics, prisoners, welfare recipients in a mandated job-finding class).

Fluency in English (speaking, reading and writing). Exhibit the ability to communicate in the English language with references or education. Example of education is instruction that was successfully completed that was delivered in English.

Experience utilizing computer programs necessary for accomplishment of duties (i.e. MS Word, Excel, PowerPoint, internet and email). One (1) year experience using these programs in development and delivery of classes in a military or office setting, such as Army Community Service.

Knowledge of the military system and military family lifestyle.

Knowledge of Army Family support system and Army Community Service and its programs.

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.

1.12.1 Contractor workspace (staging site, on-site office, desk or work area, etc.) shall contain a sign signifying the space is occupied by Contractor employee(s) to ensure that Government employees and the public know that they are not Government employees. The proposed sign shall be submitted to the Contracting Officer via the COR for review and acceptance ten (10) calendar days after contract award. Workspace sign location shall be coordinated with the COR. 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. Requirements for Contractor vehicles is addressed under Part 4 paragraph 4.4.

1.12.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715). (For services at Child, Youth, and School Services where children are present, recommend personnel wear identification when children are present.)

1.13 Contractor Travel: Contractor will be required to travel between Rose Barracks and Tower Barracks and if necessary to other locations and to carry training aids to these locations in support of this PWS. These costs must be included in the proposal upon submission.

1.14 Other Direct Costs (ODCs): Contractor shall provide his/her own transportation and all necessary equipment to fulfill this contract except if stated otherwise in this PWS. Other direct cost requirements include cost of local transportation associated with training activities included in the PWS. These costs must be included in the proposal upon submission.

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.

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s 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: During the phase in period, the Contractor shall become familiar with the performance requirements in order to commence full performance of services within thirty (30) days of the contract start date if the Contractor has not had any previous experience in the delivery of the requirements. During this time, if applicable, the Contractor shall receive in-depth training regarding ACS, FAP and pertinent ACS and/or FAP procedures and the established classes/briefings and events. The Contractor shall become knowledgeable of rules, regulations, procedures and requirements necessary to execute the elements stated in the contract as well as knowledgeable regarding the mission, organization and leadership in the USAG Bavaria Rose Barracks and Tower Barracks Military Community and the ACS organization. It is the Contractor’s responsibility to train subcontractor(s) accordingly.

1.20 Safety: The following provides information pertaining to Safety and Accident Prevention: For the purpose of this contract, the Contractor is considered an independent contractor and not as an agent of the U.S. Government. During performance, the Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees against all actions or claims for damages to persons or property, including death arising from fault, negligence, wrongful act, or wrongful omission of the Contractor, his agents or employees utilized in the provision of services. The Contractor shall be aware of local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and U.S.

Government property from damage.

1.20.1 Host Nation Safety Laws and Regulations: RESERVED

1.20.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The duties include:

(a) Conditions of construction and operational activities to be considered include but are not limited to:

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than 30 working days and more than 20 workers are occupied simultaneously, or the volume of work is scheduled to exceed 500 person days, or the work presents particular tasks, e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater).

(b) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who will ensure that safety measures are implemented during construction. The Safety Coordinator must meet minimum training and experience requirements required under Host Nation laws.

(c) The SIGE will be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and Contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work will be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

1.20.1.2 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 3 days that such notifications were made.

1.20.1.3 RESERVED

1.21 Environmental Compliance: N/A

1.21.1 Environmental Compliance Plan and Program: N/A

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

1.22.1 Anti-Terrorism (AT) Level I Training: : The Contractor shall complete AT Level I Training within Thirty

(30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or Thirty (30) calendar days after employment of new personnel, all contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within Thirty (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies.

Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S.

based contractor employees and associated sub- contractor employees. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within ten (10) calendar 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 must complete refresher training 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 to the COR within ten (10) calendar days after completion of the training.

1.22.2 OPSEC Training: Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) calendar days of employment under this contract. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months.

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 10 calendar days after completion of the training.

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

1.22.4 Information Assurance (IA) Training

1.22.4.1 Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Training All employees working information technology (IT)/IA functions must comply with DOD and Army training requirements per DOD Directive (DODD) 8570.01, Information Assurance Training Certification and Workforce Management, DOD 8570.01-M, Information Assurance Workforce Improvement Program, and AR 25-2], Information Assurance, within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp. All Contractor personnel and subcontractor personnel performing services under this contract with access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Contractor personnel must complete refresher training every twelve (12) months.

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), 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. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within three (3) days after completion of the training.

1.22.5 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion. Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm

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: Refer to Part 3 of this PWS for Government property (GP) for this contract. For all issued GP for this contract, the Contractor shall submit a Property Management Plan to the Contracting Officer and the Property Administrator via the COR within 30 calendar days after date of contract award.

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

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

Contractor-owned or controlled structures and/or containers on U.S.