W912PB20Q3003 PWS Performance Work Statment.pdf

409th CSB Ver 5 20180730_PWS-FES

PERFORMANCE WORK STATEMENT (PWS)

For

Maintenance, Safety Inspection and Repair Work on Fire Extinguishing Systems at USAG Bavaria

Vilseck Rose Barracks

Grafenwoehr Tower Barracks Hohenfels

Garmisch-Partenkirchen (as of 16 DEC 2019)

Part 1 General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide maintenance, inspection and repair work on fire extinguishing systems. 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: Based on a variety of regulations and guidelines, fire-extinguishing systems are to be tested in different cycles. Otherwise the systems will pose a safety and health risk.

1.3 Scope: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives. Reference is made to Part 6 of this PWS.

The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents.

1.4 Objectives: The objective of this contract is to provide complete and full maintenance, inspection and repair work on fire extinguishing systems at USAG Bavaria. Maintenance includes all inspections, testing, routine service, and maintenance in accordance with prescribed manufacturer guidelines and intervals. All work not specifically mentioned, which is required to ensure that maintenance is complete and is within the intent of this contract, shall be performed without additional cost.

Contractor shall perform, coordinate and complete the requirements of the contract in cooperation with any other contractors or trades performing work at USAG Bavaria promptly and diligently as required by the standards of this contract.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after the date of contract award. (DeliverableA001).

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

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

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

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

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

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

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

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables, maintenance plan) shall be provided to the COR within thirty (30) days upon completion of each option period or Task Order (Deliverable #A002).

1.5.1.2 The Contractor shall inform the COR of issues or potential issues that might affect the performance of the maintenance of the fire extinguishing system within two (2) hours of identifying those issues. Verbal reports shall be followed up by written reports within two (2) days (Deliverable #A003).

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 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. Contractor is not required to work on U.S. holidays which falls on the same day as the Host Nation Holidays.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 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.

German national and local holidays are:

New Year’s Day January 1st Epiphany January 6th Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies Assumption Day August 15th Day of German Unity October 3rd All Saints’ Day November 1st 1st Christmas December 25th 2nd Christmas December 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are from 07.30 hours through 16.00 hours, Monday through Friday except U.S. Holidays identified in paragraph 1.5.3.1/ 1.5.3.2 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of 07.30 hours through 16.00 hours, Monday through Friday.

The Government facility is the Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national holidays, emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the COR to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 07.30 hours through 16.00 hours, Monday through Friday when the facility is open 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: 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.).

The Contractor’s proposed Work Plan shall be submitted to the the COR for review within three (3) days after a Post Award Conference was held or five (5) days after the date of contract start date if no Post Award Conference is held. (Deliverable #A004).

The Government will review and either accept or return their comments to the Contractor within two (2) days after receipt of the work plan. 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 at a minimum five (5) 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 at USAG Bavaria Military Communities Tower Barracks Grafenwoehr, Rose Barracks Vilseck, Hohenfels, and Garmisch-Partenkirchen

1.5.6.1 USAG Bavaria Tower Barracks Grafenwoehr is located between the towns Nürnberg and Weiden app. 70km north-east of Nürnberg, Federal Republic of Germany

1.5.6.2 USAG Bavaria Rose Barracks Vilseck is located between the towns Nürnberg and Weiden app. 50km north-east of Nürnberg, approx. 30 km south-west of Tower Barracks Grafenwoehr, Federal Republic of Germany

1.5.6.3 USAG Bavaria Hohenfels is located near the town of Hohenfels, approx. 50 km south-east of Nürnberg, in the south-east area of the Federal Republic of Germany.

1.5.6.4 USAG Bavaria Garmisch-Partenkirchen is located near town Garmisch-Partenkirchen, approx. 90 km south of Munich in the south area of the Federal Republic of Germany. USAG Garmisch also includes the following Border Stations:

1.5.6.4.1 Munich House Bldg. No 5943, Kepplerstrasse 15, 81679 München; (90 km from Garmisch)

1.5.6.4.2 Recreation Resort Frasdorf -Chiemsee, Ebnat 5, 83112 Frasdorf; (135 km from Garmisch)

1.5.6.4.3 Recreation Resort Berchtesgaden, Hinterbrand, 83471 Berchtesgaden; (210 km from Garmisch)

1.5.6.4.4 NATO School Oberammergau, Am Rainenbichl Bldg. No 612-633, 82487 Oberammergau; (25 km from Garmisch)

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

1.6.1 Security Program: The Contractor shall remove from the job site any employee working under this PWS for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. The Contractor’s employees shall be subject to dismissal from the premises upon determination by the KO that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not be the basis for a claim by the Contractor and will not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS

1.6.2 Personnel Security Clearance Requirements: Reserved

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190-16 (AE Reg 190-16) Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this Para conflict with AE Reg 190-16, the regulation takes precedence.

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

The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a Contractor employee no longer requires access.

AE Regulation 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.eur.army mil/aepubs/publications/AER190-16-G.pdf?publisheddate=20170427 http://www.eur.army.mil/aepubs/ This website is part of the IACS clause of the contract

Below is the responsible Organizational Sponsor & IACO for this contract:

Organizational Sponsor: Mr. Reinhold Meier Location: Grafenwoehr, DPW/SCMB

Building 433 DSN Phone: 475-7991 Commercial Phone: +49 9641 83 7991

Installation Access Control Office:

Location: Grafenwoehr, Building 244, Room 129 DSN Phone: 475-8414 or 8415 Commercial Phone: +49 9641 83 8414 or 8415

Location: Hohenfels

(0730 – 1130 hours) (1230 - 1600 hours) Building 770 Building 10 DSN Phone: 466-4015 466-4029 Commercial Phone: +49 9472 83 4015 +49 9472 83 4029

Location: Garmisch

Building 203, Room 003 DSN Phone: 440-3558 Commercial Phone: +49 8821-7503558

1.6.3.1 The Contractor shall provide the Initial Installation Pass Log for all employees or subcontractors employees working under this contract at the Post Award Conference. The log must at a minimum contain the following information: first and last name, date of birth and the place of residence of the employee. If no Post Award Conference will be held, contractor shall provide the Initial Installation Pass Log within ten (10) days after contract award to the COR. (Deliverable A005).

The log shall be updated as employees are added or removed and the updated installation pass log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log. (Deliverable A006).

1.6.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within five (5) working days. (Deliverable A007).

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 five (5) working days. (Deliverable A008).

1.6.3.4 Common Access Cards (CAC): Reserved(

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

1.6.4.1 U.S. Citizen: Reserved

1.6.4.2 Local National and Third Country Nationals: 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 by the contractor subject to the condition no responsible Government authority is present.

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.

1.7 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards 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 Quality Control Plan, and the Contractor’s Security 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/key cards 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 (KO), 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 the monthly payment due 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 monthly payment due the Contractor. The Contractor shall prohibit the use of Government issued keys/key cards 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 KO. 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 Contractor’s 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. If no post-award conference is conducted, contractor shall provide all Post-Award deliverables within 10 days after contracdt award.

1.9 Contracting Officer’s Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

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

1.10.1 Contract Manager (CM): The Contractor shall nominate a CM and an Alternate Contract Manager (A/CM) who shall act for the Contractor when the CM is absent. CM and A/CM shall be responsible for conducting continual overall management and coordination for all places of performance outlined in Para 1.6.6. The CM and A/CM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 07:30 to 16:00, Monday thru Friday except when the government facility is closed for administrative reasons.

1.10.2 Site Foreman (SF): The Contractor shall assign a site foreman for each individual place of performance who is the first POC for the COR and shall have the authority to act on or make decisions for the Contractor on all matters pertaining the day-to-day business of this contract and work performance. The site foreman shall be available by telephone, fax and electronic mail communications and provides 24/7 liaison with the Government. Information shall be provided at the Post Award Conference. If no conference will be held, the information shall be provided ten (10) days after contract award to the COR. (Deliverable A006)

1.10.3. Special Qualifications / Certifications:.

Prime Contractor: The work asked for in this PWS is to be accomplished by a contractor certified according to DIN ISO 9001 and DIN ISO 14001. Contractor shall provide both DIN Certifications with the submission of the bid. Both Certifications shall valid at the time of submission as well as throughout the entire contract POP. (Deliverable A009)

Prime Contractor/Subcontractor: Either the prime contractor or a Sub-Contractor to be named shall be certified IAW VdS 3813:2019 -11 (12). Valid Certification therefore shall be provided with the submission of the bid. (Deliverable A009)

Personnel: Any personnel performing under this contract shall be experienced personnel IAW VdS 38:2019-11 (12).

Years of Experience: In addition, Contractor shall provide evidence that all performing personnel have a minimum experience of five (5) years in the respective field of performing maintenance, inspection and repair at fire suppression systems specified within Technical Exhibit 1 (TE1) – Technical Exhibit 25 (TE25).

This could be confirmed with either a written confirmation of qualification from the company head, confirming a 5-year of service in the field of fire suppression maintenance, and the accompanying German Journeyman’s Certificate (Gesellenbrief) in the specific fields of electricity or plumbing. The Contractor shall provide respective evidence at the post-award conference and anytime new staff is hired. (Deliverable A010)

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

1.11.1 Reserved

1.12 Contractor Identification Badges: Reserved

1.13 Contractor Travel: Contractor shall be required to travel to locations as outlined in Para 1.6.6 during the performance of this contract to attend meetings, conferences, and training.

1.14 Other Direct Costs (ODCs): Reserved

1.15 Data Rights The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements: Reserved.

1.17 Non-Disclosure Statements: Reserved.

1.18 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. (Deliverable A011) The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer.

In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.19 Phase In /Phase Out Period: Reserved.

1.20 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.20.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), and applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel within 15 days prior initiation of work. (Deliverable A012).

Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

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

(e) 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.

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:

1.20.1.2 The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the COR, no later than five (5) working days that such notifications were made. (Deliverable # A013)

1.20.1.3 Reserved

1.21 Environmental Compliance: Reserved

1.21.1 Environmental Compliance Plan and Program: Reserved

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

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

1.22.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Contractor shall provide written confirmation that all personnel has been trained. Confirmation shall be provided to the COR within three (3) days after completion of the training (Deliverable #A014).

OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. 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 (Deliverable A015).

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.

Contractor shall provide written confirmation that all personnel has been trained. Confirmation shall be provided to the COR prior start of work. (Deliverable #A016).

Training slides can be found on the Army OneSource web site:

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

1.22.4 Information Assurance (IA) Training: Reserved

1.22.5 Personally Identifiable Information (PII): Reserved

1.23 Authorization to Perform Services in Germany Reserved

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 2004/108/EC. 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 KO through the COR in writing within ten (10) calendar days of completion of the inspection.

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

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

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

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

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 - is a sudden, unexpected, or impending situation that may cause life, health or safety hazard or damage to Government property, including loss of perishable goods, and/or interference with the normal activities of personnel and therefore, requires immediate attention and remedial action.

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

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

Government Workday - 0730 - 1600, Monday thru Friday (American and German Holidays excluded).

On-Call Services - On-Call Service is a service call for unscheduled repair and emergency placed by authorized designated personnel only. On-call Repair Services and On-Call Emergency Repair Services will be compensated by a lump sum.

The lump sum cost includes all travel costs, labor, specified labor hours on site to localize the reason for break down, as well as to define labor and material cost to provide a cost estimate for repair.

Preventive Maintenance (PM) - Preventive Maintenance are recurring maintenance measures on equipment or system components performed on an recurring schedule (annual, semiannual, quarterly, monthly, weekly or daily schedule) as recommended by the manufacturer or as directed by the COR approved standard of the industry predominant in trade in order to extend the life of the equipment and to minimize breakdowns. PM includes inspection, adjustment, cleaning, lubrication, parts replacement, calibration, testing, trouble-shooting and repair for performance.

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

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

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

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

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

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

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

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

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

Routine Repair Work (RRW) – Routine Repair is the restoration of equipment and real property and a reaction of a detected deficiency or malfunction during the performance of PM that meets the condition for an immediate routine repair and can be accomplished during the performance of the PM.

Routine Repair Services (RRS) - Routine repair services are defined as necessary repair of an equipment or an equipment component as a reaction of defects identified by either the COR, Government or Building Occupants, or the contractor during the performance of PM , that if not corrected immediately, will n o t result in permanent damage to the equipment, related equipment and perishable goods or seriously impact the ability of a user to perform his/her mission. Routine repair services will be placed and shall be accomplished during regular working days and hours.

Repair Work (RW) - RW under this contract is defined as necessary repair of an equipment or an equipment component as a reaction of defects identified by the Government operation personnel or the contractor, that is not corrected immediately, will not result in permanent damage to the equipment, related equipment and perishable goods or seriously impact the ability to perform the mission.

Repair Parts (RP) - All parts/materials normally required to perform day to day maintenance and repair work. Types of parts/materials and equipment is usually based upon the manufacturer's or supplier’s spare parts list. Types of parts/materials and supplies stocking levels for manufacturer's recommended stocking levels for reasonable level of other than equipment items, including some hardware items necessary in support of the total maintenance/repair function, is a matter of judgment based upon experience in the trade and availability of sources. "As equal" material must be approved by the COR Subcontractor – means one that enters into a contract with a prime Contractor. The Government does not have privacy of contract with the subcontractor.

Scheduled Repair Work (SRW) - SRW under this contract is defined as necessary repair due to wear and tear of an equipment or equipment component. SRW under this contract is limited to the replacement of liquid extinguishing agent, extinguishing agent bottles and specific batteries.

Work Week - Monday through Friday, unless otherwise specified.

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

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CM Contrct Manager 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 DIN ISO Inernational valid QM Regulations DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer LPTA Lowest Price Technical Acceptable OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SF Site Foreman

SM Site Manager SIGE Safety and Health Protection Plan TE Technical Exhibit USAREUR U.S. Army Europe UOM Unit of Measure VdS International valid Accident Prevention _Holding Organization

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: Reserved

3.2 Facilities: Reserved

3.3 Utilities: The Government will provide all utilities available in the stated facilities to the Contractor’s for use in performance of the tasks outlined in the PWS (e.g. electrical power, water, compressed air, sewer etc.)

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

3.4 Equipment: Reserved

3.5 Special Tooling and Test Equipment: Reserved

3.6 Materials: Reserved

3.7 Training: Reserved

3.8 Common Access Cards (CAC): Reserved

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, liquid, dry extinguishing agents, storage tanks for used extinguishing agents, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services.

4.2 Secret Facility Clearance: Reserved

4.3 Materials: Contractor shall procure and furnish…