W912PB23R3014pws.pdf

Performance Work Statement (PWS)

COLLECTION, PICKUP, TRANSPORTATION, AND

DISPOSAL OF

FOOD WASTE AND EXPIRED FOOD AT

UNITED STATES ARMY GARRISON (USAG) BAVARIA

TOWER BARRACKS GRAFENWOEHR AND

ROSE BARRACKS VILSECK

AND

COLLECTION, PICKUP, TRANSPORTATION, AND

DISPOSAL/REUTILIZATION OF

KITCHEN GREASE AND OIL AT USAG BAVARIA

HOHENFELS

Contents

1.0 Introduction

1.1 Background

1.2 Objectives

1.3 Climatic Conditions: N/A

1.4 Facility Access

1.5 Traffic Flow

1.6 Drainage: N/A

1.7 Restoration of Landscape Damage

1.8 Dust Suppression

2.0 Requirements

2.1 Description of Services

2.1.1 Non-Personal Services

2.1.2 General Information

2.1.3 Place of Performance and Hours of Operation

2.1.4 Holidays

2.1.7 Contract Administration and Management

2.1.8 COR/ACOR Functions

2.1.9 Quality Control Submittals

2.1.10 Subcontract Management

2.1.11 Contractor Employees

2.1.12 Business Relations

2.1.13 Data Rights

2.1.14 Non-Disclosure Requirements

2.1.15 Non-Disclosure Statements

2.2 Work Management: N/A

2.3 As-Builts and Geospatial Information System (GIS): N/A

2.4 Historic Property or Archaeological Site: N/A

2.5 Special Requirements

2.5.1 Security

2.5.2 Security Trainings

2.5.3 Safety

2.5.4 Training, Physical Requirements, and/or other Expertise Required

2.5.5 Environmental Requirements

2.5.6 Contingency Plans: N/A

2.5.7 Disposal of Unserviceable Material

2.6 Job Order Contract (JOC) Quality Assurance (QA)/ Inspection Support: N/A

3.0 Performance Requirements and Standards

3.1 High Level Objectives

3.1.1 Performance Task Requirements, Standards, and Acceptable Quality Levels

3.2 Transition: N/A

3.3 Service Contract Reporting

3.3.1 System for Award Management (SAM) Service Contract Report (SCR)

3.3.2 Steps for Submitting a Service Contract Report (SCR)

3.3.3 Steps for Editing a Submitted Report

4.0 Performance Requirements Summary (PRS) Matrix

4.1 Quality Assurance

4.2 Quality Control Plan (QCP)

5.0 Common Levels of Service (CLS)

6.0 Deliverables

7.0 Related Documents

7.1 Definitions and Acronyms

7.1.1 Definitions

7.1.2 Acronyms

7.2 Applicable Directives, Publications

7.2.1 Specific Host Nation and EU Laws, Regulations, Ordinances, and Rules

7.2.2 Manuals

7.3 List of Technical Exhibits (TE)

7.4 Government-Furnished Material (GFM)/ Property (GFP)/ Equipment (GFE)

7.4.1 Utilities

7.4.2 Facilities

7.5 Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE)

7.5.1 Contractor-Furnished Material and Responsibilities

7.5.2 Contractor-Furnished Items

7.5.3 Contractor Facilities

7.6 U.S. Department of Labor (DOL) Wage Determination (WD): N/A

TECHNICAL EXHIBIT 1

Estimated Workload Data

TECHNICAL EXHIBIT 2

Contract Historical Data

TECHNICAL EXHIBIT 3.1

Pickup Schedule USAG Bavaria – Grafenwoehr

TECHNICAL EXHIBIT 3.2

Pickup Schedule USAG Bavaria – Vilseck

TECHNICAL EXHIBIT 3.3

Pickup Schedule USAG Bavaria – Hohenfels

TECHNICAL EXHIBIT 4

Labeling Requirements

TECHNICAL EXHIBIT 4.1

120 Liter Container Label

TECHNICAL EXHIBIT 4.2

1100 Liter Container (1.1 CBM) Label – Cans

TECHNICAL EXHIBIT 4.3

1100 Liter Container (1.1 CBM) Label – Foil, Tetra Paks, Carton, etc

TECHNICAL EXHIBIT 4.4

600 to 800 Liter Container (0.6 to 0.8 CBM) Label – Glass

TECHNICAL EXHIBIT 4.5

100 Liter Container (0.1 CBM) Label – Grease / Oil

TECHNICAL EXHIBIT 5.1

Example of Weekly Pickup and Fill Level Control Sheet – Grafenwoehr

TECHNICAL EXHIBIT 5.2

Example of Weekly Pickup and Fill Level Control Sheet – Vilseck

TECHNICAL EXHIBIT 5.3

Example of Weekly Pickup and Fill Level Control Sheet – Hohenfels

TECHNICAL EXHIBIT 6.1

Example of Spill Reporting Procedures (English)

TECHNICAL EXHIBIT 6.2

Example of Spill Reporting Procedures (German)

1.0 Introduction

This is a non-personal services contract to provide collection, pick up, transportation, and disposal of food waste at USAG Bavaria – Tower Barracks Grafenwoehr and Rose Barracks Vilseck and collection, pickup, transportation, and disposal/reutilization of kitchen grease and oil at USAG Bavaria – Hohenfels. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this PWS. Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this PWS.

1.1 Background

The service is required in accordance with (IAW) German Circular Economy Act (Kreislaufwirtschaftsgesetz - KrWG): § 4 (2) Leftover food is to be collected and stored separately (from all other waste) in restaurants, hospitals, schools and/or communal catering facilities (generally from the commercial sector) and IAW German Commercial Waste Ordinance: § 3 and § 6 Commercial leftovers must be collected separately and may not be mixed for recycling.

The service includes delivery, placement, and cleaning of waste storage containers, labeling and maintenance of containers, pickup of food waste and disposal of food waste at USAG Bavaria – Tower Barracks Grafenwoehr and Rose Barracks Vilseck and disposal/reutilization of kitchen grease and oil at USAG Bavaria – Hohenfels IAW all current and applicable EU, Federal, State, and local laws, regulations, and directives.

Handling and unpacking of overlaid packed food items including those generated at the DECA as well as transportation and reutilization of that type of waste from miscellaneous buildings at USAG Bavaria – Tower Barracks Grafenwoehr and Rose Barracks Vilseck is also a service under this contract.

1.2 Objectives

The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal, State, and local laws, regulations, and directives to include, but not limited to, the publications described under 7.2 Applicable Directives, Publications of this PWS. The Contractor shall obtain and maintain all licenses and permits required to perform work under this contract and IAW current laws and regulations. The Contractor shall ensure that all work meets the level of service, performance standards, and/or tolerances specified in the PWS and/or in applicable referenced documents including Pickup Schedules indicated in TE 3.1, TE 3.2, and TE 3.3 labelling and documentation requirements described in this PWS and its technical exhibits.

The Contractor shall compile historical data, prepare required reports, and submit all information as specified by 6.0 Deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, transparency, and quantity specified in the PWS of this contract.

The intent is to establish work requirements that are performance-based and results-oriented. The Contractor shall determine the best and most cost-effective ways to fulfill delivery, placement and cleaning of food waste containers, labeling and maintenance of containers, pickup of food waste and disposal of food waste, emphasizing innovation and commercial best practices. 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.

1.3 Climatic Conditions: N/A

1.4 Facility Access

The Contractor will have access to all systems and equipment to be serviced under this contract during the regular operation hours as determined under Paragraph 2.1.3.1.

1.5 Traffic Flow

The Contractor shall maintain the free flow of traffic during surfaced area maintenance.

Emergency road closures shall be coordinated with the Contracting Officer Representative (COR) or Alternate Contracting Officer Representative (ACOR).

1.6 Drainage: N/A

1.7 Restoration of Landscape Damage

Trees or other landscape features damaged by the Contractor’s operations shall be restored at no additional cost to the Government. The COR and/or ACOR will decide the method of restoration for trees or whether damaged trees will be removed.

1.8 Dust Suppression

The Contractor shall perform dust suppression as requested by the COR and/or ACOR.

2.0 Requirements

2.1 Description of Services

2.1.1 Non-Personal Services

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. Non-personal service contracts are authorized by the Government IAW Federal Acquisition Regulation (FAR) Subpart 37.104, under general contracting authority, and do not require specific statutory authorization.

2.1.2 General Information

2.1.2.1 Period of Performance (PoP)

The PoP consists of five (5) years and is as follows:

1 November 2023 – 31 October 2024 (Base Year);

1 November 2024 – 31 October 2025 (First Option Year);

1 November 2025 – 31 October 2026 (Second Option Year);

1 November 2026 – 31 October 2027 (Third Option Year);

1 November 2027 – 31 October 2028 (Fourth Option Year).

2.1.3 Place of Performance and Hours of Operation

The work to be performed under this contract shall be performed at USAG Bavaria – Tower Barracks Grafenwoehr to include Netzaberg Village Center, Tactical Sites and Firing Ranges, and Rose Barracks Vilseck. The locations are listed in Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE 3.3 accordingly.

2.1.3.1 Hours of Operation

The Government's regular (normal) hours of operation are from 0730 – 1600 hours Monday through Friday except on Federal and Host Nation holidays or when the Government facility is closed due to local and/or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall conduct business during regular hours and IAW 2.1.4 Holidays (refer to 2.1.4.1 for Contractor Response Time and Support Hours).

2.1.4 Holidays

The Contractor’s performance shall be required on the U. S. Federal public holidays listed below. Generally, regular pickup days and clock hours are described in Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE 3.3. If determined pickup days coincide with U.S. holidays, pickup has to be accomplished the days of the U. S.

Federal public holidays. If required by task order and/or on-call, placement and emptying of containers e. g. for rotational training support shall be performed three (3) days a week excluding on weekends and holidays (refer to 2.1.4.1 for Contractor Response Time and Support Hours). Holidays occurring on weekends will be observed as directed by the Federal calendar (5 U.S.C. 6103).

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

The Contractor’s performance shall not be required on local Host Nation holidays occurring during the normal workweek. Generally, regular pickup days and clock hours are described in Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE

3.3. If determined pickup days coincide with Host Nation holidays, pickup has to be accomplished one day after the scheduled pickup day. If required by task order and/or on-call, placement and emptying of containers e. g. for rotational training support shall be performed three (3) days a week excluding on weekends and holidays (refer to 2.1.4.1 for Contractor Response Time and Support Hours). The Contractor shall be aware of local Host Nation Holidays of the Area/County/Country the work will be performed.

2.1.4.1 Contractor Response Time and Support Hours

Generally, the Contractor’s Program Manager or alternate(s) shall be available for telephone, fax, and electronic mail communications, including for provision of the status of all the assigned work, with the COR and/or ACOR on workdays Monday through Friday from 0730 to 1600 hours. Personal answering service is permitted at other than normal Government work days or hours, provided, response by the Program Manager or alternate(s) to the COR and/or ACOR is made not later than (NLT) at 0830 at start of next regular work day. The Contractor may conduct business outside the regular hours between 0600 and 1800 only in coordination with the COR and/or ACOR and at no additional cost to the government.

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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.1.4.2 Installation Closures

When an unforeseen installation closure occurs on a regularly scheduled day of work, the Contractor shall:

(i) Reschedule the work to be performed the following day unless the following day is a Saturday, Sunday, a legal public holiday, and when routine work is not scheduled for that day; or

(ii) Reschedule the work in coordination with COR, the Government will unilaterally determine the dates and times if no agreement can be reached.

2.1.4.3 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.

2.1.4.4 Inclement Weather Delay

If the Contractor determines unsafe weather conditions for continued operations, then the Contractor shall notify the KO through the COR and/or ACOR if inclement weather suspends operations within two (2) hours. The Contractor shall resume operations in coordination with COR and/or ACOR.

2.1.5 Notifications on Accidents

The Contractor and/or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall notify the Fire Department POC, and the KO through COR and/or ACOR immediately, NLT two (2) hours of the incident [Deliverable A.001].

2.1.6 Medical Treatment Services

The Contractor shall be responsible for the emergency medical treatment services for Contractor personnel. If in case of an accident situation the Government provided emergency medical services to a Contractor’s employee, the Contractor shall reimburse the Government for provided emergency medical services upon receipt of invoice from the medical facility. Reimbursement shall be made by the Contractor to the US Government.

2.1.7 Contract Administration and Management

2.1.7.1 Post Award Conference/Performance Evaluation Meetings

The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5. The KO and/or COR and/or ACOR may meet quarterly with the Contractor to review the Contractor's performance. Written minutes of meetings may be recorded by the Government and in this case will be signed by both the Program Manager and the attending Government representative(s). The written minutes may be distributed within five (5) work days after the meeting. If the Contractor does not concur with any portion of the minutes, recorded by the Government, the non-concurrence shall be provided in writing to the KO within two

(2) calendar days following receipt of the minutes.

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 Project 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 and/or end outside of regular duty hours.

2.1.7.2 Contractor’s Responsibilities

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination and cooperation between the Government and the Contractor.

The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S. German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed.

The Contractor shall compile historical data, prepare required reports, and submit information as specified by 6.0 Deliverables of this this PWS.

The Contractor shall provide an Installation Pass Log of all Contractor employees, subcontractors, subcontractor employees, and their vehicles including last, first, middle name of the employee (and subcontractors); copy of her/his valid personal identifier (e. g.

passport); copy of his/her valid residence permit (only for non-EU citizens); date the employee will start working on the installation included probation and training period;

criminal record certificate (polizeiliches Führungszeugnis); security questionnaire for a simple security check; registration information on privately owned vehicle (POV) used for the work at the installation: plate number, country, make, model, year, body type, and color. The log shall be updated as employees are added or removed and include last, first, middle name of the employee’s sponsor (if applicable, for the time a new employee does not have any permanent installation access) as well as contact details of the sponsor. The updated installation pass log shall be current and available at any time upon request by the Government and submitted to the COR and ACOR NLT the post award conference and within five (5) days after any changes to the log [Deliverable A.002].

2.1.7.3 Authorities

The following provides the roles and their respective authority during the performance of the contract:

2.1.7.3.1 Contracting Officer

The KO is the only person authorized to direct changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the KO. In the event the Contractor makes any change at the direction of any person other than the KO, the change shall be considered to have been made without authority and solely at the risk of the Contractor. All contract administration will be effected by the KO. Communications pertaining to contractual administrative matters shall be addressed to the KO. No changes in or deviation from the terms and conditions shall be affected, without a written modification to the contract, executed by the KO authorizing such changes. The KO may approve all submittals and plans required in this PWS.

2.1.7.3.2 Contracting Officer’s Representative (COR)

The KO will appoint a COR during the performance of this contract. Additional Government personnel may be assigned to assist in contract oversight IAW AR 70-13, Management and Oversight of Service Acquisitions. Other surveillance personnel may be designated as COR and/or ACOR, and shall be trained and appointed IAW DoDI 5000.72, DoD Standard for Contracting Officer’s Representative (COR) Certification and DFARS 201.602-2. The ACOR will serve as on-site representatives of the COR in performance of actual contract surveillance, if they meet all COR training, experience requirements, and are appointed by the KO as an ACOR. The COR and/or ACOR will provide assistance in identification and resolution of problems, conflicts in priority, subtask requirement definitions, and other operations type problems. The COR and/or ACOR will perform IAW the responsibilities and duties identified in the appointment letter.

2.1.7.3.2.1 COR Authority

A letter of designation will be issued to the COR and/or ACOR by the KO. A copy of the letter will be sent to the Contractor. The letter of designation states the responsibilities and limitations of the COR and/or ACOR, especially with regard to changes in cost, price estimates, and/or changes in delivery dates. The COR and/or ACOR is not authorized to change any of the terms and conditions with regard to cost, quantity, and/or schedule of the resulting order.

2.1.7.3.3 Contractor

The Contractor shall not in any way represent the U.S. Government, or that it has the authority to contract or procure supplies for the account of the United States of America

(USA).

2.1.8 COR/ACOR Functions

The COR/ACOR monitors all technical aspects of the contract and assists in contract administration. The COR/ACOR is authorized to perform the following functions: assure 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; monitor, document, and report Contractor's performance and notify both the KO and the Contractor of any deficiencies;

coordinate availability of Government-Furnished Property, and coordinate site entry of Contractor personnel.

2.1.9 Quality Control Submittals

Quality Control is the responsibility of the Contractor. The Contractor shall provide a Quality Control Plan (QCP) to the KO through COR and/or ACOR five (5) work days before contract start at the latest. The Government will review and may either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor. 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 KO’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the KO through COR and/or ACOR NLT 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 [Deliverable A.003]. Refer to 4.2 for Quality Control Plan.

2.1.9.1 Contracting Officer Representative Tools

Procurement Integrated Enterprise Environment (PIEE), especially Surveillance and Performance Monitoring Module (SPM) and Joint Appointment Module (JAM) shall be used for nomination, tracking, documentation, and management of CORs IAW DoDI 5000.72, DFARS 201.602-2 and PGI 201.602-2.

2.1.9.2 Identified Issues or Potential Problems

The Contractor shall inform the COR and/or ACOR of issues or potential issues that might affect the performance within twenty-four (24) hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days [Deliverable A.004].

2.1.10 Subcontract Management

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this contract and shall be responsible and accountable for subcontractor performance on this contract. The prime Contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations (FAR Subpart 9.5).

2.1.11 Contractor Employees

2.1.11.1 Key Personnel

2.1.11.1.1 Program Manager

The Contractor shall provide a Program Manager and an alternate Program Manager who are responsible for the performance of the work. The name of this person and an Alternate Contract Manager, who shall act for the Contractor when the Contract Manager is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be provided in writing to the KO with the proposal [Deliverable A.005].

The Program Manager shall conduct overall management coordination and shall be the central POC with the Government for performance of all work under the PWS. At the Post Award conference but NLT ten (10) days after contract award date, the Contractor shall submit to the COR and/or ACOR, in writing, the name, title, email address, office, and mobile working telephone number(s) of the Program Manager and the alternate Program Manager. The same information shall be submitted NLT ten (10) days after any changes of key personnel occur [Deliverable A.006]; this information shall also become a part of the QCP, refer to 4.2 for Quality Control Plan (QCP). Both the Program Manager and the alternate Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this Contract. Refer to 2.1.4.1 for Contractor Response Time and Support Hours of the Program Manager and the alternate Program Manager. The Program Manager shall have a minimum of three (3) years’ experience in the trade and shall be a certified Waste Management Specialist (Betriebsbeauftragter fuer Abfall(-wirtschaft) IAW German Circular Economy Act (KrWG). This certificate must be provided with the proposal.

2.1.11.1.1.1 Language Proficiency

The Program Manager and any individuals designated as key personnel shall be able to understand, speak, read, and write in English and German languages.

2.1.11.1.1.2 Experience and Expertise

The Contractor and/or the Contractor’s subcontractors performing relevant services shall be a certified waste management company for collection, transportation, storage, handling, recycling and disposal of food waste according to the German Circular Economy Act (KrWG). This certificate must be provided with the proposal. The Contractor’s personnel fulfilling the services using heavy duty vehicles shall have a minimum of three

(3) years’ experience in the operation of heavy duty vehicles. Contractor’s personnel operating heavy duty vehicles shall have training certificates and permits for vehicles operations IAW Host Nation laws e. g. IAW German Social Accident Insurance (DGUV) standard. The Contractor shall provide certificates, documents, and references proving the qualification of the Contractor’s company, personnel, and subcontractor’s personnel at the post award conference.

2.1.11.1.2 Common Access Card (CAC): N/A

2.1.11.1.3 Legal U.S. Residents: N/A

2.1.11.1.4 Qualification Standards

The Contractor shall perform collection, pickup, and disposal of food waste at USAG Bavaria according to Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE 3.3 as required throughout this contract utilizing properly trained, skilled, and qualified employees and/or subcontractor personnel. The Contractor shall provide to the KO for review and acceptance objective evidence that personnel conducting collection, pickup, and disposal of food waste at USAG Bavaria has at least one (1) year of experience in this field of work and is able to work in compliance with current and applicable EU, Federal, State, and local laws, regulations, and directives, refer to 2.5.4 for Training, Physical Requirements, and/or other Expertise Required.

2.1.11.1.5 Contractor Identification

All Contractor personnel attending meetings, answering Government telephones, presenting briefings, conducting or attending meetings, and seminars, and working in other situations where their Contractor status is not obvious to third parties must to distinguish themselves (e. g., badge, company logo, and/or uniform) from Government employees to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor correspondence (written, facsimile, and email display) shall include their company name. Refer to 7.5 for Contractor-Furnished Material (CFM)/ Property (CFP)/ Equipment (CFE).

2.1.11.1.6 Standards of Conduct

Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure all personnel present a professional appearance while working on the Government installation. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons and/or substance. The Contractor shall ensure all Contractor employees, providing services under this contract, conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove, from the job site, any employee for reasons of misconduct or security. The Contractor shall ensure employee conduct complies with 41 USC 423, Procurement Integrity. The Contractor shall also ensure that no Contractor employees conduct political related activities or events on the installation.

2.1.11.1.7 Contractor Hiring Restrictions

The Contractor shall not hire or sub-contract with off-duty or former Government employees whose employment would result in a conflict with AR 600-50, Standards of Conduct.

2.1.11.1.8 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 KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall submit a plan within twenty-four (24) hours after the Contractor becomes aware of potential or actual OCI to the KO via COR and/or ACOR to avoid or mitigate any such OCI [Deliverable A.007]. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO 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.

2.1.12 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement of this PWS. The Contractor shall manage the timeliness, completeness, and quality of problem identification to a degree acceptable to the Government. The Contractor shall provide to the COR and/or ACOR corrective action plans, timely identification of issues, and effective management of subcontractors within ten (10) days after identification of the issue or at a mutually agreed upon date [Deliverable A.008]. The Contractor shall ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.1.13 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 KO. 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.

2.1.14 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 PWS 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 KO. 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.

2.1.15 Non-Disclosure Statements

The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract [Deliverable A.009].

http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

2.2 Work Management: N/A

2.3 As-Builts and Geospatial Information System (GIS): N/A

2.4 Historic Property or Archaeological Site: N/A

2.5 Special Requirements

2.5.1 Security

2.5.1.1 Access and General Protection/Security Policy and Procedures

The Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and local security policies and procedures. The Contractor workforce shall comply with all personal identity verification (PIV) requirements as directed by Department of Defense (DOD), Headquarters Department of the Army (HQDA), and local policy. The COR and/or ACOR will request changes in Contractor security matters or processes if the Force Protection Condition (FPCON) at any individual facility or installation changes.

2.5.1.2 Motor Vehicle Operators: N/A

2.5.1.3 Contractor Vehicle Registration: N/A

2.5.1.4 Background Checks

The Contractor shall provide all information required for background checks to meet installation access requirements, to be accomplished by the installation Provost Marshall Office, Director of Emergency Services, or Security Office.

2.5.1.5 Physical Security

The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. The Contractor shall maintain a physical security checklist or log (e. g., Standard Form (SF) 701, Activity Security Checklist), which will be forwarded to the COR and/or ACOR, NLT the tenth (10th) of each month, following the month of surveillance. The Contractor shall secure Government facilities, equipment, and materials at the close of each work period.

2.5.2 Security Trainings

2.5.2.1 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 and/or ACOR. This training shall be completed within thirty (30) days after the contract is awarded and within five (5) days after new employees commence contract performance, with the results reported to the COR within three (3) days after completion of the training [Deliverable A.010]. Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.as px.

2.5.2.2 Anti-Terrorism (AT) Level I Training

All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees.

The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within three (3) days after completion of this training by all employees and subcontractor personnel [Deliverable A.011]. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training [Deliverable A.012] every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided within three (3) days after completion of the training.

2.5.2.3 OPSEC Training

All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be provided to the COR within three (3) days after completion of the training [Deliverable A.013]. OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx https://jkodirect.jten.mil/ http://www.cdse.edu/catalog/elearning/GS130.html refresher training every twelve (12) months. Verification of the training shall be provided to the COR within three (3) days after completion of the training [Deliverable A.014].

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within three (3) days after completion of the training.

2.5.3 Safety

The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract.

The Contractor shall comply with AR 385-10, The Army Safety Program.

2.5.3.1 Safety Plan

The Contractor shall develop and implement a safety program for its employees. The Contractor shall submit the Safety Plan to the KO via COR and/or ACOR within ten (10) days of commencement of work. Revisions shall be submitted five (5) calendar days prior to the effective date of change [Deliverable A.015].

2.5.3.2 Occupational Safety and Health

The Contractor shall comply with all applicable Federal, State, and local laws, regulations, and directives.

2.5.3.3 Accident report

The Contractor shall comply with all safety and fire regulations as prescribed in applicable US, European, and German safety and fire prevention and protection codes, regulations, rules, and ordinances. In the event of an accident or injury, the Contractor shall forward one completed copy of an accident report (local Contractors submit copy of locally required accident report; American Contractors submit copy of DA Forms 285, 285-A, 285-AB, 285-b, 285-O, 285-W, United States Army Accident Investigation Report) to the KO via COR and ACOR not later than three (3) workdays after occurrence for all personal injury accidents [Deliverable A.016].

2.5.4 Training, Physical Requirements, and/or other Expertise Required

The Contractor shall ensure all Contractor’s employees and associated subcontractors who will conduct services under this PWS are experienced, specialized, and qualified persons who have thorough knowledge of the equipment and processes they work with and aware of dangers, occupational safety measures, and accident emergency measures related to work with these systems.

2.5.5 Environmental Requirements

2.5.5.1 Green Procurement: N/A

2.5.5.2 Recycled or Recovered Products: N/A

2.5.5.3 Environmental Compliance

The Contractor shall comply with all Federal, State, local, DA, and installation environmental laws, rules, plans, and policies including air and water pollution control requirements. The Contractor shall use and store all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, State and Federal laws, and according to manufactures' recommendations. The Contractor shall be financially responsible for all fines and associated costs for hazardous waste management, transportation, and disposal of waste due to the Contractor's non-compliance. The Contractor shall submit Safety Data Sheets (SDS) to the COR and/or ACOR on all materials five (5) days before delivery of the material [Deliverable A.017]. The Contractor shall provide upon request from the COR and/or ACOR all required data to meet environmental-mandated reporting requirements (e. g., air emission data, hazardous material storage/usage, herbicide/pesticide usage, solid/hazardous waste generation).

The Contractor shall provide data to meet reporting deadlines and during compliance inspections upon request from the COR and/or ACOR [Deliverable A.018].

2.5.5.4 Spill Plan

The Contractor shall notify the Fire Department, the COR and/or ACOR within one (1) hour, if the Contractor spills or releases any hazardous substances, i. e. substances listed in 40 CFR 302, Designation, Reportable Quantities, and Notification [Deliverable A.019].

The Contractor shall establish a Spill Prevention and Cleanup Plan for handling POL, spill prevention, and spill cleanup in cooperation with the Community Spill Coordinator and the fire department and submit a Spill Plan to the KO for approval within thirty (30) days of contract award IAW Spill Prevention Control and Countermeasure Plan [Deliverable A.020]. The Contractor shall comply with the USAG Bavaria Spill Prevention and Response Plan. See TE 6.1 and 6.2 for an Example of Spill Reporting Procedures. The government reserves the right to request an adjustment of the Plan by the Contractor depending on developments in requirements, laws, and regulations. The Contractor shall conduct the adjustments IAW the requirements of the government at no cost to the government.

2.5.6 Contingency Plans: N/A

2.5.7 Disposal of Unserviceable Material

The Contractor shall be responsible for disposal of unserviceable material at an authorized disposal site outside USAG Bavaria installation and IAW host nation waste disposal laws.

Inoperable or unserviceable material and/or equipment of the Contractor as well as any waste caused by the Contractor shall be removed from the installation within twenty-four

(24) hours, including after equipment failure, at no cost to the government and disposed of by the Contractor outside the installation.

2.6 Job Order Contract (JOC) Quality Assurance (QA)/ Inspection Support: N/A

3.0 Performance Requirements and Standards

3.1 High Level Objectives

3.1.1 Performance Task Requirements, Standards, and Acceptable Quality Levels

3.1.1.1 Damage Caused by Contractor

Damages caused by Contractor employees shall be repaired at no cost to the Government. The Contractor shall notify the COR and/or ACOR and return the damaged area to its previous condition. The Contractor shall furnish all labor, materials, and equipment to perform the repair work including cultivating and applying seed, sprigging, or placing sod. The Contractor shall maintain all turf repair work to ensure successful growth.

3.1.1.1.2 Damage Report

The Contractor shall submit a damage report to the COR and/or ACOR that annotates the damage, corrective action, and date corrected NLT five (5) days after the damage took place [Deliverable B.001].

3.1.1.2 Services

The Contractor shall provide collection, pickup, and disposal of food waste at USAG Bavaria as listed in Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE 3.3. Services of the Contractor comprise all labor and incidental costs which arise for the administration, control, supervision, planning, operation, inspection, calibration, testing, transportation, maintenance, trouble-shooting, repair, and replacement of parts and material.

3.1.1.3 Recurring Services

The Contractor shall provide recurring services which shall include the following:

3.1.1.3.1 Delivery and Placement of Food Waste Container(s)

The Contractor shall supply and deliver all necessary containers during the whole life-time of the contract. For the most part, requested are standardized brown, water proof large (MGB) 120 liters plastic containers with wheels and firmly mounted cover lids. Containers other than of 120 liters shall be of the requested volume and be IAW all applicable sanitary regulations for collection and storage of food waste. The Contractor shall set up the required containers IAW Pickup Schedules of Grafenwoehr, Vilseck, and Hohenfels in TE 3.1, TE 3.2, and TE 3.3 and in coordination with COR and/or ACOR. The permanently occupied facilities, permanent customers, and the number of containers for extended period of time may be changed depending on current requirements at no cost to the government as long as the total number of permanently used containers does not go beyond 15% of the total initial number of containers indicated in TE 3.1, TE 3.2, and TE 3.3.

Placement of containers at not permanently / temporary occupied facilities and locations by request / on-call for a short period of time on a weekly basis shall be provided by the Contractor with no restrictions on the number of containers. The Contractor shall provide a cost estimate in both Euro and USD currencies (using current fiscal year budget rate provided by the COR and/or ACOR) for each on-call request to the COR and/or ACOR within twenty-four (24) hours after the request which shall include the contract number, the cost estimate date, the short description of service, the customer and the contact information of the requestor, the period of performance, the location, the number of days, the number of weeks, the number of containers, and/or all relevant ELINS with the appropriate description required for the service [Deliverable B.002].

Any containers removed for maintenance purposes are to be replaced immediately with no interruption of services. All containers will remain at the site for the duration of the contract.

3.1.1.3.2 Labeling, Maintenance, and Cleaning of Containers

The Contractor shall label all containers/bins in English with a weather resistant, self-adhesive sticker IAW TE 4, TE 4.1, TE 4.2, TE 4.3, TE 4.4, TE 4.5, and in coordination with COR and/or ACOR. The containers will remain the sole property of the Contractor and shall be kept fully functioning at all times. Damaged, unserviceable containers (i. e.

leaking bins, defective lids, broken wheels, damaged labeling, unsanitary condition bins, etc.) are to be repaired and/or replaced by the Contractor immediately. The Contractor either shall replace the containers with clean bins or bring a specialized cleaning truck to the site and clean the inside and the outside of the bins there. Also disinfection of the containers must be performed after cleaning to ensure proper sanitary conditions for the customers. It must be ensured that any cleaning will not cause any pollution at the pickup site. Any cost for maintenance of containers as well as the required labeling has to be calculated into the rental cost. The cost for the cleaning and disinfection of the bins as described above will be included in the pickup cost. In addition, the Contractor shall indicate via label the type of waste and the maximum permitted filling level of the containers to prevent any spillage during emptying and/or loading and/or unloading. The government reserves the right to request any change of the labels at no additional costs to the government.

3.1.1.3.3 Collection and Pickup of Food Waste

At each pickup day, the containers for disposal of food waste will be emptied at the pickup places and/or buildings indicated in Pickup Schedules of TE 3.1, TE 3.2, and TE 3.3. All containers provided on pickup days will be emptied completely even if they are only partially filled. Subsequently, the containers will be replaced by clean ones or cleaned immediately on place.

During wintertime it is to be considered that filled containers will be stored inside the buildings to prevent freezing of food waste. During this time, the Contractor shall report to the dining facilities to get the containers provided for emptying.