Attachment I_Performance Work Statement (PWS).pdf

409th CSB Ver 7 20240913

PERFORMANCE WORK STATEMENT (PWS)

Maintenance and Repair of Special Purpose Vehicle (SPV), attachments and associated trailers at USAG Stuttgart

405th AFSB, BASOPS Maintenance Directorate Grafenwoehr

UNIT 28132

APO AE 09114-8132

Part 1 General Information

1. General: This is Time & Material 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 Time & Material contract to provide Maintenance and Repair of U.S.

Government owned Special Purpose Vehicle (SPV), attachments (additonal equipment to perform a particular function, snowplow, salt spreader, e.g.)and associated trailers. The Government does not exercise supervision or control over the contract service providers performing the services herein. Such contract service providers have to be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background: The contract is for maintenance and repair services of U.S. Government owned SPV as specified in this Performance Work Statement (PWS) within the USAG Stuttgart. The estimated quantities which may be ordered against the resulting contract may vary in practice, and are not guaranteed quantities/amounts.

1.3 Scope: The Contractor has to provide non-personal services for maintenance and repair services of U.S. Government owned SPV. The Contractor has to perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor has to conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 6. The Contractor has to ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. The Contractor has to perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control (monitor burn rate of associated CLIN’s), meetings, and correspondence. The Contractor has to 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.

1.4 Objectives: Maintenance and Repair of SPV, e.g. Truck Dump, Truck Service Platform, Truck Sludge, Truck Sweeper, Truck Multipurpose, Salt Spreader, Snowplow, Sweeper, and low-bed and tandem trailers of various manufacturers. See attachement 1 for a list of all SPV, SPV Attachments and Trailers. Periodic certification inspections of equipment as required by German/U.S. law.

1.5 General Information

1.5.1 Quality Control Plan (QCP): The Contractor has to develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor has to 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 has to be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award. (Deliverable #1).

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) business days. If the Government has provided comments, the Contractor has to then have three

(3) business days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the

Contracting Officer no later than thirty (30) days prior to the anticipated change and before implementation by the Contractor.

The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

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

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

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

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

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work has not to be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth Day June 20th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work has not to be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

German national and local holidays are:

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

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours are from 07:15 – 16:00, Monday through 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 between the hours of 07:15

– 16:00, Monday through Friday, except U.S. and Host Nation Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to a local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.3 Contractor Support Hours: The Contractor has to provide support between the hours of 7:15 – 16:00, Monday through Friday except U.S. and Host Nation Holidays. The Contractor has to 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 has to keep in mind that the stability and continuity of the workforce are essential. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons.

1.5.4.3.1 Contractor Work Plan: RESERVED

1.5.5 Training Holidays: USAREUR has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities has to 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 has to take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at either the contractor’s facility or at the US Government facility where the SPV and Trailers are located. The place of work performance will be determined on each individual work-order. If the repair will be performed at contractor’s facility, the contractor has to pick up the equipment and can charge the rates, as stated in this contract. If a vehicle is not operational, the contractor has to pick up the vehicle with necessary equipment to ensure a safe transport. In case that this scenario becomes effective, the contractor is authorized to charge the actual required labor hours.

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

1.6.1 Security Program: RESERVED

1.6.2 Personnel Security Clearance Requirements: RESERVED

1.6.3 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances 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 has to 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 has to 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 has to return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

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

https://www/aepups.eur.army.mil

1.6.3.1 In addition, the Contractor has to provide the Contracting Officer, through the COR, an Initial Installation Pass Log within ten (10) calendar days after contract award (Deliverable #2). The log must at a minimum contain the following information: Name of the person and the respective access to which barracks. The log has to be updated as employees are added or removed. The Updated Installation Pass Log has to be current and available at any time upon request by the Government and submitted to the COR within five (5) calendar days after any changes to the log (Deliverable #3).

1.6.3.2 The Contractor has to collect the installation access passes the same day employment of an individual has expired or has been terminated and has to return them to the issuing office within ten (10) calendar days. (Deliverable #4).

1.6.3.3 Upon termination or cancellation of this contract, the Contractor has to collect all outstanding installation access passes and return them to the issuing office within ten (10) calendar days. (Deliverable #4).

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.4 Background Checks: RESERVED

1.6.4.1 U.S. Citizen: RESERVED

1.6.4.2 Local Nationals and Third Country Nationals: RESERVED

1.6.5 Physical Security: The Contractor has to safeguard all Government equipment, information, and property provided for Contractor use. When Government owned Equipment is turned over to the contractor, the contractor assumes full responsibility and liability for the equipment by signing the work-order form upon receipt. Before accepting the equipment the contractor has to inspect the equipment for damage or missing components record this information on the work-order and notify the Government representative. Damages or missing parts not listed on the work-order will be considered as contractor’s responsibility.

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

1.7 Key Control: The Contractor has to 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 has to be duplicated. The Contractor has to develop procedures covering key control that has to be included in the Contractor’s Security Plan and the Quality Control Plan. Such procedures have to include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor has to immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor has to, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks has to 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 has to be replaced by the Government and the total cost deducted from the payment due to the Contractor.

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

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor has to 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 has to apprise the Government of problems, if any, being experienced.

Appropriate action has to be taken to resolve outstanding issues. These meetings has to be at no additional cost to the Government.

1.8.1 The Contractor has to 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 has to attend meetings as requested by the Government. Meeting attendees has to at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager and Alternate Contract Manager, Master Craftsman and Technicians (empowered journeyman). The Contractor has to provide a Contract Manager who has to be responsible for the performance of the work. The name of this person and an Alternate Contract Manager, who has to act for the Contractor when the Contract Manager is absent, has to be provided in writing to the Contracting Officer no later than five (5) days after contract award. (Deliverable #6). The Contract Manager and Alternate Contract Manager has to have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager has to be available between 07:15 – 16:00, Monday thru Friday except U.S. Holidays identified in paragraph 1.5.3.1. Qualifications for all key personnel are listed below (Deliverable #6):

a. Contract Manager and Alternate Contract Manager Contract Manager and alternate has to be able to read, write, speak and understand the English language as well as the host nation language fluently and accurately on all levels normally pertinent of professional needs. They must be able to communicate effectively and compose correspondence and other written communications about the work for which they are responsible.

b. Master Craftsman: The contractor must demonstrate a minimum of an Automotive-/Construction Equipment- /Agricultural Equipment or Machine Construction- Meister on staff. A “Meister” is a person who has a master craftsman diploma, which needs to be certified by the official Chamber of Crafts (Handwerkskammer).

c. Technicians (empowered journeyman): Contractors technician who acutally perform the repairs and/or maintenance has to have a completed apprenticeship as either an Automotive, or Construction, or Agriculture technician. It is the contractors responsibility to ensure that all required work will be performed by knowledgeable empowered journeymen only. Certificates has to be submitted to the COR at post award conference.

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 has to ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12 Contractor Identification Badges: Contractor personnel has to be easily identifiable through the display of badges The Contractor (to include subcontractors) has to provide each of their employees an easily readable identification badge.

The badge must include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts will require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor has to collect all ID Badges upon completion of the contract or termination of employee.

1.13 Contractor Travel: Contractor has to be required to travel during the performance of this contract to attend meetings, conferences, training and to perform requested maintenance and/or repairs services. Travel requirements will not be paid by the Government and are at the contractors expense.

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract has to be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government has to be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, has 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 must 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 has to 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 can’t 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 has to notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and has to promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: For any work performed at an U.S. Government installation, the contractor has to be responsible for all damages to persons or property that occur as a result of the contractor’s fault or negligence. The contractor at all times keep the work area free from accumulations of waste materials. Before completion the work, the contractor has to remove from the work and premises any rubbish, tools, scaffolding equipment, and materials that are not the property of the US Government. Upon completion the work, the contractor has to leave the work area in a clean, neat, and orderly condition satisfactory to the Government.

1.21.1 Host Nation Safety Laws and Regulations: The Contractor has to 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. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

(d) The Contractor has to discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans has to 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 has to be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work has to 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 has to 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 has to 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 has to coordinate all work at the site, including development of plans and providing advance notices.

The Contractor has to 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 has to comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor has to 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 has to prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE has to be submitted two weeks prior to mobilization. In addition, the Contractor has to 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 has to 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 has to complete and provide safety notifications required by host nation authorities and will provide documented proof to the Contracting Officer via the COR, no later than ten (10) calendar days that such notifications were made.

1.22 Environmental Compliance: The following provides information on Environmental Compliance.

1.22.1 Environmental Compliance Plan and Program: The Contractor has to ensure that all of its operations and activities conform to US Army Installations environmental policy requirements, ENV-SOP-VERS5.0_2023.

(Gefahrstoffmanagement Plan - MHEE).

The Contractor has to ensure that all contract personnel have received appropriate levels of training in the handling, use, storage, and disposal of hazardous material. The local US Fire Department needs to be notified immediately if hazardous substances as well as hazardous waste or operational substances (Diesel, hydraulic fluid etc.) are released caused by failure of vehicles or construction equipment.

-Phones:

Fire Department Stuttgart, Stuttgart Filderstadt Airfield + 49 (0) 9641-705-964237

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

1.23.1 Anti-Terrorism (AT) Level I Training: Contractor employees, including subcontractor employees, who are employed under the contract, has to complete AT Level I Training within thirty (30) days (Deliverable #7) 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 has to complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor has to submit certificates of completion (Deliverable #7) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within five (5) 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 has to complete refresher training (Deliverable #7) every twelve (12) months except AOR specific AT Level I training which has to be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor has to 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 has to be provided to the COR within five (5) after completion of the training (Deliverable #7).

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, has to complete Level I OPSEC training within thirty (30) calender days of employment under this contract. Verification of the training has to be provided to the COR within five (5) calender days after completion of the training (Deliverable #8). OPSEC Level I training is available at https://securityawareness.usalearning.gov/opsec/index.htm.

Contractor personnel must complete refresher training every 12 months. Verification of the training has to be provided to the COR within five (5) calender days after completion of the training (Deliverable #8).

If training cannot be conducted on the website, the Contractor has to 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 has to be provided to the COR within five (5) calender days after completion of the training (Deliverable #8).

1.23.3 iWATCH Training: The Contractor and all associated subcontractors has to 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 has to be completed within thirty (30) calender days after the contract is awarded and within thirty (30) calender days after new employees commence contract performance, with the results reported to the COR NLT thirty (30) calander days after the contract is awarded and within thirty (30) days after new employees commence contract performance (Deliverable #9).

Verification of the training has to be provided to the COR within five (5) calender days after completion of the training Deliverable #9). Training slides can be found on the Army OneSource we site:

https://www.youtube.com/watch?v=vlzYhQp7fPw.

1.23.4 Information Assurance (IA) Training RESERVED

1.24 Authorization to Perform Services in Germany

1.24.1 Contractors performing services in the Federal Republic of Germany (FRG) has to comply with German law. The Contractor has to determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, has to comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor has to determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor has to 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 has to 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 has to 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 furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.27 Government Property and Services: RESERVED

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: RESERVED

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 of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

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

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

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

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

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

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

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

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

Work Day – The number of hours per day the contractor provides services in accordance with the contract.

Work Week - Any Day from Monday through Friday, 07.15 – 16.00.

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

ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DA 2404 Equipment Inspection and Maintenance Worksheet DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center

DoD Department of Defense ENV-SOP-VERS5.0_2023US Army Installations Environmental Policy FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan SPV Special Purpose Vehicle TE Technical Exhibit USAREUR U.S. Army Europe UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Services: RESERVED

33.2 Facilities: The Government will provide facilities to the contractor on a space available basis in order for the contractor to perform maintenance and repairs as identified on the DA Form 2404 (Equipment Inspection and Maintenance Worksheet).

At no time has the contractor interfere with the daily operations of the Government provided facility and its employees.

3.3 Utilities: The Government will provide water and electricity when shop space is available in Government facilities. The Contractor has to instruct employees in utilities conservation practices. The Contractor has to operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves, light switches, etc. after using the required amount to accomplish tasks requiring the use of the utilities.

3.4 Equipment: RESERVED

3.5 Special Tooling and Test Equipment: RESERVED

3.6 Materials: The U.S. Government may supply material such as oil, lubricants, bulbs, batteries, cooling fluid, tires, repair or spare parts. The contractor can’t include any charges for material furnished by the U.S. Government as identified on the DA Form 2404.

3.7 Training: RESERVED

3.8 Common Access Cards (CAC): RESERVED

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor has to furnish all necessary personnel, tools, test/diagnostics equipment, materiel, repair/replacement parts and service vehicles to perform the services specified in this PWS and under this contract.

4.2 Secret Facility Clearance:…