Attachment 1 - PWS (Updated 03 Aug 2023).pdf

409th CSB Ver 6 20200319

PERFORMANCE WORK STATEMENT (PWS)

SMALL ARMS MAINTENANCE COURSE (SAM31)

7th ARMY TRAINING COMMAND

COMBINED ARMS TRAINING CENTER

7ATC, CATC

1 October 2023

Part 1

General Information

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

1.1. Description of Services/Introduction: This is a non-personal services contract to provide Small Arms

Maintenance Courses (SAM31) to USAREUR-AF soldiers, who are serving or are scheduled to serve as unit armorers and allied nations with U.S. small arms. The mission of Combined Arms Training Center (CATC) under this contract is to provide instructional services for a two (2) week course in Small Arms Maintenance

(SAM31) to Government identified USAREUR-AF personnel and if authorized US Army Coalition Partners if and when required. The contractor shall provide all required staff, faculty, supervision and printed instructional material to include the student handouts/workbooks, practical exercises, PowerPoint presentations, and instructor lesson plans not otherwise provided by the Government. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the

Government.

1.2. Background: The Combined Arms Training Center (CATC) manages and conducts the USAREUR-AF

Institutional Training Program. Small Arms Maintenance is part of CATC’s contracted training program since

1985.

1.3. Scope: The contractor shall provide non-personal services. Maintain physical security of weapons in an arms room. Train and qualify soldiers to serve as unit armorers to manage the unit arms room and perform unit and field level maintenance and repair on a variety of hand-held, shoulder-fired and crew-served weapons.

This includes disassembly, re-assembly, inspection, troubleshooting, function testing, and care/cleaning of weapons IAW the Program of Instruction (POI) at Attachment 4.

1.4. Objectives: The objective of the course is to provide soldiers with the knowledge and skills to function as the unit armorer and to be knowledgeable of the arms room operations and maintenance of small arms.

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’s Representative (COR) and KO for review within thirty (30) calendar days after date of contract award (A.001).

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) calendar days. If the Government has provided comments, the

Contractor shall then have ten (10) calendar days to submit a Final QCP. After receipt of the Final QCP, the

Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than ten (10) calendar days prior to the anticipated change and before implementation by the Contractor (A.002). The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc.

timelines, deadlines, and goals)?

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

d. How will the Contractor monitor and ensure staff qualifications remain current and valid including

DOCPER processes/approvals throughout contract performance?

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.7 Key Control)?

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

Materials?

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

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

i. How will the Contractor maintain security of the Arms Room to meet regulatory requirements?

1.5.1.1. Reserved

1.5.1.2. The Contractor shall inform the COR of issues or potential issues that might affect the performance within

48 hours of identifying those issues. Verbal reports shall be followed up by written reports within ten (10) calendar days.

1.5.2. Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3. Recognized Holidays: The contractor shall perform on German and U.S. holidays.

1.5.3.1. U.S. Holidays:

New Year’s Day January 1st

Martin Luther King Day 3rd Monday in January

Presidents Day 3rd Monday of February

Memorial Day Last Monday of May

Juneteenth Day 19th Day of June

Independence Day 4th Day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11th Day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th Day of December

1.5.3.2. Host Nation Holidays: The German national and local holidays are:

New Year’s Day 01 January

Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January

Good Friday varies yearly

Easter Monday varies yearly

Labor Day 01 May

Ascension Day varies yearly

Whit Monday varies yearly

Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, Nordrhein- Westphalia,Rhineland-Palatinate, Saarland) varies

Assumption Day (Only in Saarland and Roman Catholic areas of Bavaria) 15 August

Day of German Unity 03 October

All Saints' Day (Baden-Wuerttemberg, Bavaria, North Rhine-Westphalia, Rhineland-Palatinate, Saarland) 01 Nov

1st Christmas 25 December

2nd Christmas Day 26 December

1.5.4. Operating Hours: The contractor shall establish work schedules, which will provide adequate staffing to meet all requirements of this contract. At a minimum, the contractor shall be expected to deliver courses of instruction between 0730 and 1730 hours, Monday through Friday. Hours of instruction will be determined by the schedule submitted to the contractor.

1.5.4.1. Government Facility Office Hours: The Government facility office hours are 0800 to 1700, and Monday to Friday except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2. Government Facility Operating Hours: The Government facility operating hours occur simultaneously between 0730 and 1730 hours, Monday through Friday. The Government facility is open for operations during the recognized U.S. and German Holidays identified in paragraph 1.5.3 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer’s Representative to the Contractor.

1.5.4.3. Contractor Support Hours: The Contractor shall provide support between the hours of between 0730 and 1730 hours, Monday through Friday. No full time personnel is required, but 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.

1.5.4.3.1. Contractor Work Plan: Reserved

1.5.5. Training Holidays: USAREUR-AF 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. 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: Courses shall be provided at the U.S. Army resident training site at CATC in

Vilseck, Germany.

1.5.7. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year: 1 Oct 2023 – 30 Sep 2024

Option Year I: 1 Oct 2024 – 30 Sep 2025

Option Year II: 1 Oct 2025 – 30 Sep 2026

The contractor is expected to be ready to provide the full range of services described in this PWS on the first day of contract performance. To assist a new contractor in preparing for contract performance, government personnel will be available to answer questions for 45 days prior to the contract start date.

1.5.8. Type of Contract: The government will award a USAREUR-AF-wide Firm-Fixed Price, Indefinite

Delivery Type Requirements contract. Funds will be obligated per Task Orders.

1.6. Security Requirements: Reserved

1.6.1. Security Program: Reserved

1.6.2. Personnel Security Clearance Requirements: Reserved

1.6.3. Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE)

Regulation 190-16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Germany specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-

1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control.

The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a

Contractor employee no longer requires access.

1.6.3.1. In addition, the Contractor shall provide the COR an Initial Installation Pass Log within 30 days after contract award (A.003). The log shall be updated as employees are added or removed. The Updated Installation

Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (A.003).

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 (A.004).

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 5 days (A.004).

1.6.3.4. Common Access Cards (CAC): The Contractor shall provide the following information: Last, First

Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or

Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR with 30 calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer’s Representative) (A.005). The Contractor shall ensure safeguarding of Personally

Identifiable Information (PII) and comply with requirements under 1.22.5.

1.6.3.4.1. The Contractor shall provide a CAC log within the first thirty (30) calendar days after contract award and within five (5) days after changes have been made (A.005) (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

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

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

1.6.6. Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall report suspicious activities within four (4) hours to security personnel.

Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7. Key control: The Contractor shall establish and implement methods of making sure all keys issued to the

Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The

Contractor shall develop procedures covering key control that shall be included in the Contractor’s Quality Control

Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officers

Representative (COR). In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the COR, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The

Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees.

The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

These procedures shall be included in the Quality Control Plan.

1.8. Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The

Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the

Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the

Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the

Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

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

1.9. Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the COR. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the

Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10. Key PersonnelThe following personnel are considered key personnel by the government: Contract Manager, and Lead instructor. If the Contractor changes key personnel identified in the proposal, the Contractor shall provide evidence that proposed replacement personnel have qualifications at least equal to those to be replaced at least 30 days prior of replacement (A.008). Contract Managers/Lead instructor must speak and write the English language fluently. The contractor shall identify a Contract Manager/Lead instructor for contractual matters and shall provide name, title, work phone number, cell phone number, and email address, to the COR within five (5) calendar days after contract award (A.006)

1.10.1. Contract Manager: The Contract Manager shall be responsible for all requirements listed in the PWS. The

Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. Resume shall be provided within five (5) days after contract award to the COR

(A.007)

1.10.2. Program Coordinator: Reserved.

1.10.3. Lead Instructor: The lead instructor is responsible for the coordination of delivery of services necessary to accomplish instructional and logistical activities under this contract, and is responsible for quality control of the training presented. The contractor shall identify an on-site lead instructor to serve as the POC for each training session for issues and discrepancies that may arise. Resume shall be provided within five (5) days after contract award to the COR (A.007).

1.10.3.1. The lead instructor shall possess subject matter experience with all POI subjects and all identified small arms systems.

1.10.4. Instructors: The contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this contract shall remain employees of the contractor and shall not be considered employees of the US Government.

1.10.4.1. The contractor shall ensure that all instructors are proficient in the subject matter IAW the POI subjects, and that qualified substitutes are available to meet the requirements. Instruction shall be presented in the English language, and the instructors must be clearly understood by the students.

1.10.4.2. Instructor Resumes: Instructor resumes shall be provided within five (5) days after contract award to the COR. The resumes shall document how each proposed instructor is qualified to teach the program

(A.007).

1.10.4.2.1. The Contractor shall provide resumes of replacement and substitute instructors for adherence to contract requirements. Replacement/substitute instructor must meet the level of qualification standards. (A.008).

1.10.4.2.2. The Contracting Officer reserves the right to bar from the job site(s) any contractor employee who endangers persons or property, and/or whose behavior is inconsistent with the requirements of this contract.

In such cases, the KO will advise the contractor of the reason for barring the employee. The barring of such an employee from the job site shall not relieve the contractor of the requirement to provide sufficient qualified personnel to adequately perform the services as set forth herein.

1.10.5. Contractor Qualification Standards: The offeror shall provide with the offer objective evidence documentation to the KO that demonstrates at least a minimum of three (3) years of experience in performing services of the same dollar amount scope within the last five (5) years, in the amount of no less than a total amount of $200,000 per year.

1.10.6. Lead Instructor/Instructor Qualifications: The contractor shall provide fully qualified training instructors, who, as a minimum, have at least three (3) year’s experience within the past five (5) years in the area of expertise required to instruct Small Arms Maintenance, serving as a Unit Armorer, or working in some other professional capacity that requires the management of an arms room and unit and field level maintenance and repair of a variety of handheld, shoulder-fired and crew-served weapons.

1.10.6.1. All instructors shall have at least six (6) months of instructional experience in a formal military setting.

1.11. Identification of Contractor Employees: All Contractor personnel attending meetings, answering

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

1.12.1. Reserved

1.12.2. Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification (AE Reg. 27-715).

1.13. Contractor Travel: Contractor personnel may also be required to travel in order to receive Government mandated training. Additional costs associated Government mandated training will be negotiated separately, and if approved by the KO, will result in the issuance of a firm fixed price task order. Government mandated training travel costs will be calculated in accordance with, and shall not exceed, Joint Federal Travel Regulation (JFTR) authorized limits. Contractor will be notified by the COR, at a minimum, 30 days prior required travel.

1.14. Other Direct Costs (ODCs): Reserved

1.15. Data Rights: Reserved

1.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the

Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public

Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17. The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at http://www.defenseimagery.mil/products/dodimagery/commercialuse.html The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.18. Non-Disclosure Statements: Reserved

1.19. 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 within four (4) hours whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting

Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally http://www.defenseimagery.mil/products/dodimagery/commercialuse.html 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.

1.20. Phase In /Phase Out Period: Reserved

1.21. Safety: The following provides information pertaining to Safety and Accident Prevention: At a minimum, the contractor shall follow safety recommendations and job hazard analysis IAW USAG Bavaria Safety Office Job

Hazard Analysis Standard Operating Procedures.

1.21.1. 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, see PWS section 5.2.7.5 Draw requirement.

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

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.21.1.1. In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health

Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV) (current version in effect), the

Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

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

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

(i) For all construction activities meeting the following criteria: the work is scheduled to last longer than

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

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

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

(i) Maintenance of tools and equipment.

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

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

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

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

1.21.1.2. The contractor shall adhere to the Combined Arms Training Center (CATC) Safety SOP to include completing the required Deliberate Risk Assessment Worksheets (DRAWs) for the SAM 31 Classes (A.009).

1.22. Environmental Compliance: Reserved

1.22.1. Environmental Compliance Plan and Program: The contractor shall follow USAG Bavaria

Environmental Brochure and any other applicable regulation to ensure the preservation of resources and the environment.

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

1.23.1. Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training thirty (30) day 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 (A.010) for each affected Contractor employee and subcontractor employee to the COR within 10 days after completion of this training by all employees and subcontractor personnel.

AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (A.010) 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 https://jkodirect.jten.mil/ classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.010).

1.23.2. OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (A.011). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.011). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every twelve (12) months (A.011). Verification of the training shall be provided to the COR within ten

(10) days after completion of the training (A.011).

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 ten (10) days after completion of the training (A.011).

1.23.3. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days after the contract is awarded and within thirty (30) days after new employees commence contract performance (A.012). Verification of the training shall be provided to the COR within ten (10) days after completion of the training (A.012). Training slides can be found: https://home.army.mil/bavaria/application/files/1715/7857/7112/iWatch_Trifold_English.pdf

1.23.4. Information Assurance (IA) Training:

1.23.4.1. All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within 30 days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 days after employment of new personnel. Verification of the training shall be provided to the COR within 10 days after completion of the training (A.013).

1.23.4.2. All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and

Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement

Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment.

Training is available at https://ia.signal.army.mil/DoDIAA/default.asp (A.013).

1.23.4.3. Reserved

1.23.5. Instructor Certification Program: Instructors shall complete the Combined Arms Training Center

Instructor Certification Program within six (6) months of the contract start-up date or within six (6) months for new hires. Previously experienced Combined Arms Training Center Instructors will be given constructive credit for certification requirements deemed appropriate by the COR and subsequently approved by the Branch Chief and

CATC instructor certification manager and may require a series of evaluations. Completion of both the instructor certification program and a satisfactory annual instructor evaluation by CATC Course Development and Evaluation

Auditor are conditions of employment. Contracted instructors shall adhere to the CATC Standing Operating

Procedure (SOP), Faculty and Staff Development and Certification Annex.

1.23.5.1. Common Faculty Development – Instructor Course: Contractor instructors are required to complete the CFDIC course within six (6) months after contract start or instructor hiring date. Instructors who have attended formal instructor training within the past 5 years will be verified and certified by a CATC member prior to receiving http://www.cdse.edu/catalog/elearning/GS130.html https://home.army.mil/bavaria/application/files/1715/7857/7112/iWatch_Trifold_English.pdf https://ia.signal.army.mil/DoDIAA/default.asp formal certification memo. After 5 years, all instructors are required to be recertified IAW CATC’s instructor recertification policy. In the event CFDIC is replaced by fundamentally new methodology of teaching, that training will be required in lieu of (A.014).

1.23.5.1.1 The Government will make the training available to contractor instructors. The training is two (2) weeks in length and will be conducted at Rose Barracks Vilseck, Germany.

1.23.5.1.2. Scheduling for training shall be arranged through the COR.

1.23.5.1.3. The contractor does not have to pay tuition fees for mandatory training. However, incurred expenses for time and attendance of instructors is the responsibility of the contractor.

1.23.6. Instructor Distributed Learning Training: During the period of performance the Contractor may be required to conduct training and/or testing through the Distributed Learning System (DLS). DLS provides the means for the Contractor to deliver training to a number of students simultaneously to multiple sites from Rose

Barracks Vilseck, Germany per video tele-training.

1.23.6.1. The Government will provide training to at least two (2) instructors to learn how to operate the computer equipment and get familiar with DL classroom and Blackboard procedures within 90 days after contract start.

Contracted Instructors who will teach online shall complete Blackboard 101. The course is taught online at https://www.ellc.learn.army.mil. After five (5) years, online instructors are required to complete the Blackboard

101 Recertification Course (A.015).

1.23.6.2. Scheduling for familiarization training shall be arranged through the Course Manager.

1.23.6.3. Attendance at the DLS familiarization training will be free of charge to the Contractor, all other costs

(contractor time, transportation, accommodation, etc.) shall be the responsibility of the Contractor.

1.23.7. Course Development/TDC Input The contractor personnel shall create and maintain curriculum/POI to include new/current/upgraded weapons in the course IAW TRADOC development requirements. All changes to the course curriculum shall be incorporated in Training Development Capabilities web portal (lesson plans and

POI). Contractor shall maintain course curriculum, POI and associated documents, Lesson Plans, students handouts and presentations. The Government will provide training to one (1) instructor to learn how to operate the computer equipment and get familiar with TDC web portal within ninety (90) days after contract start (A.0.16).

1.23.7.1. Scheduling for familiarization training shall be arranged through the Course Manager.

1.23.7.2. Attendance at the DLS familiarization training will be free of charge to the Contractor, all other costs

(contractor time, transportation, accommodation, etc.) shall be the responsibility of the Contractor.

1.23.7. Personally Identifiable Information (PII): Reserved

1.24. Authorization to Perform Services in Germany

1.24.1. Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law.

The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.24.2. Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles

71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.24.3. By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement.

Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.25. Notice to Proceed: Reserved

1.26. Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances provided are in compliance with the Electromagnetic Compatibility Directive

2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27. Government Property and Services: Reserved

1.28. 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 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.

1.29. Cancellation of Courses: Mission requirements may require the Government to cancel courses with short notice. The following cancellation fee schedule applies.

1.29.1. If courses are cancelled fourteen (14) or more working days prior course start, no cancellation fee will be paid.

1.29.2. If courses are cancelled five (5) to thirteen (13) working days prior course start, the contractor will be paid travel costs, if any incurred.

1.29.3. If courses are cancelled from one (1) to four (4) working days prior course start, the contractor will be paid incurred travel costs and ten (10)% of course.

1.29.4. If a course is cancelled after course start, the contractor shall be paid the incurred travel cost, ten (10)% course cost, and days worked.

1.29.5. Cancellation fee will not exceed course cost.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

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

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

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Department of Defense Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR:

“Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-

2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, contracting officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-

13, Chapter 2, paragraph 2-2g, states, in part, the following when providing support personnel to assist the COR, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the

Government. The term used in this contract refers to the prime.

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

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

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

Performance Work Statement.

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

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

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

Property Administrator – means an authorized representative…