PERFORMANCE WORK STATEMENT (PWS)

7th ATC Rental of Portable Chemical Latrine and Hand Washing Stations at Grafenwoehr Training Area (GTA), Hohenfels Training Area (HTA), and Amberg

Training Area (ATA)

Part 1 General Information

1. General: This is a non-personal services contract. The Government will not exercise any supervision or control over the contract service providers. The Contractor’s employees shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: This non-personal services contract governs the provision and maintenance of portable chemical latrines and hand washing stations to meet hygiene requirements across the Grafenwoehr (GTA), Hohenfels (HTA), and Amberg (ATA) Training Areas. The Contractor shall ensure all units remain clean, sanitary, and fully serviceable throughout their operational period of use. A detailed enumeration of all specific tasks to be performed under this contract is provided in Part 5 of this Performance Work Statement (PWS).

1.2 Background: This contract is necessary because there is a lack of permanent restroom facilities in the designated training areas. This situation presents a significant risk to personnel health and makes it difficult to maintain proper hygiene standards. By providing portable latrines and hand washing stations, this contract directly addresses those risks and ensures the health and safety of soldiers and training units.

1.3 Scope: The scope of this contract requires the Contractor to provide comprehensive, end-to-end services for portable chemical latrines and hand washing stations. As a non-personal services agreement, the Contractor shall operate as an independent entity, accountable to the Government for all performance outcomes defined herein, and will retain sole supervision and control over its service providers. The Contractor's responsibility is all-inclusive, encompassing the furnishing of all personnel, equipment, materials, supervision, and other items necessary for performance, to include all repair parts for both preventive and corrective maintenance actions.

1.4 Objectives: The principal objective of this contract is to establish and maintain a highly responsive, on-demand system for the provision of portable sanitation assets that directly supports dynamic military operations. This core objective is quantified by strict performance standards, including the delivery of new units within 24 hours of a task order and the repair or replacement of any non-serviceable unit within 48 hours of notification, seven days a week.

Furthermore, the Contractor must sustain the hygiene and serviceability of all deployed assets through a rigorous servicing schedule—daily or four times weekly as directed—which must be maintained irrespective of holidays, thereby guaranteeing uninterrupted access to essential facilities for all personnel.

1.5 General Information

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

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) and Requiring Activity (RA) Manager through the Contracting Officer’s Representative (COR) for review within 30 calendar 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 10 days. If the Government has provided comments, the Contractor shall then have 3 days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 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 the Contractor will monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

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

d. How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense Contractor Personnel (DOCPER) processes/approvals throughout contract performance?

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

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

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

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

1.5.1.1 An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be provided to the Contracting Officer and RA Manager within 30 calendar days upon completion of each option period (Deliverable #2).

1.5.1.2 The Contractor shall inform the COR and RA Manager of issues or potential issues that might affect the performance within 1 hour of identifying those issues. Verbal reports shall be followed-up by written reports within 2 business days. (Deliverable #3).

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

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer (cleaning service and repair/replacement service). When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. The Contractor is required to perform services on holidays.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth – June 19th 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: Deliveries and services shall not be performed on Sunday or local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

New Year’s Day (Neujahr) 1 January Three King’s Day (Heilige Drei Könige) 6 January Good Friday (Karfeitag) varies yearly Easter Monday (Ostermontag) varies yearly Labor Day (Tag der Arbeit) 1 May Ascension Day (Christi Himmelfahrt) varies yearly Whit Monday (Pfingstmontag) varies yearly Corpus Christi (Fronleichnam) varies yearly Assumption Day (Mariä Himmelfahrt) 15 August Day of German Unity (Tag der Deutschen Einheit) 3 October All Saints’ Day (Allerheiligen) 1 November 1st Christmas Day (1. Weihnachtsfeiertag) 25 December 2nd Christmas Day (2. Weihnachtsfeiertag) 26 December

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 0800 to 1700, 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 0800 to 1700, 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 and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0900 to 1700, Monday through Friday. Weekend services shall be coordinated with the COR and will be available during local or national emergencies, administrative closings or similar Government directed facility closings. The Contractor shall maintain an adequate workforce at all times 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 is essential.

1.5.5 Contractor Work Plan: The Contractor shall develop, implement, and maintain a comprehensive Contractor Work Plan that details the management, staffing, resource and equipment plan, operational procedures, and contract transition plan (phase-in plan) for successfully executing all requirements of this PWS. The purpose of this plan is to provide the Government with assurance that the Contractor has a clear, actionable strategy for meeting all performance objectives. The Contractor shall submit this Work Plan, and all subsequent revisions, to the U.S. Government for review and acceptance. The Government will review and either accept or return their comments to the Contractor within 10 days. The Contractor shall then have 3 days to submit a Final Work Plan. Any proposed change to the accepted Final Work Plan is required to be resubmitted via the KO for review and acceptance at a minimum thirty (30) days prior to implementation. The timeline noted above shall apply for review and acceptance for proposed changes.(Deliverable #4)

1.5.6 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 or the work in affected facilities shall be rescheduled after the training holiday.

However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.5.7 Place of Performance: The place of performance for all services required under this contract is the U.S. Army Garrison (USAG) Bavaria area of responsibility. Service delivery will be primarily concentrated within the major training areas, including the GTA, HTA, and ATA.

However, the Contractor shall be required to provide services at any specified location within the geographical boundaries of USAG Bavaria as directed by individual task orders.

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

For Contracts That Require Performance or Delivery in a Foreign Country. DFARS 252.225- 7043. The clause will be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and noncontingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task-force commander policy and directives.

1.6.1 Security Program: The security requirements are IAW with the Department Of Defense Contract Security Classification Specification (DD Form 254).

1.6.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have a Local National Screening Program “granted favorable” determination at time of the proposal submission and must maintain the level of security required for the life of the contract. The security requirements are IAW the Department of Defense Contract Security Classification Specification DD Form 254.

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 and Africa (AEA) Regulation 190-16 (AEA Reg 190-16) Installation Access Control or AEA Regulation 604-1 Local National Screening Program in Germany 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 AEA Reg 190- 16 or AEA Reg 604-1, the regulation takes precedent.

Contractors and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

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

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

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the Contracting Officer, the COR, and RA Manager an Initial Installation Pass Log within 15 calendar days after contract award. The log must at a minimum contain the following information detailing name of employee(s), passport or ID number and vehicle used by make and license number. 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 Contracting Officer, COR and RA Manager within 5 business days after any changes to the log (Deliverable #5).

1.6.3.2 Individual Termination or Expiration of Employment: 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 COR within 2 calendar days. (Deliverable #6).

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 RA Manager within 2 calendar days. (Deliverable #7).

1.6.3.4 Common Access Cards (CAC): RESERVED

1.6.4 Background Checks:

The Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation provost marshal office, director of emergency services, or security office. Contractor workforce must comply with all personal identification verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to local and stateside background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the stateside background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer and RA Manager of each favorable background check within 2 business days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #8).

The Contractor shall forward a copy to the Contracting Officer and RA Manager of each unfavorable background check within 2 business days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable #9). When the Government awards a nonpersonal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: Local national and third country national Contractors that work with or teach youths under the age of 18 years are subject to background checks as determined by the Requiring Activity Manager. As a minimum prior to beginning performance, Contractors employing local national and third country nationals shall furnish the Contracting Officer and RA Manager a Polizeiliches Fuehrungszeugnis, issued within the previous 4 months, no later than 2 business days (Deliverable #10). Forwarding correspondence from the Contractors shall identify the associated contract number. The RA Manager will determine the favorability of the Polizeiliche Fuehrungszeugnis and notify the Contractor. The Contractor shall forward a copy of unfavorable Polizeiliche Fuehrungszeugnis to the Contracting Officer and RA Manager within 2 business days of receipt (Deliverable #11), identifying such with the appropriate contract number. Local nationals and third country nationals agree to the same employee termination provisions as stated for U.S. Citizens (see paragraph 1.6.4.1 above, in particular, same requirements to replace the employee (and within timeframe noted) when results of background check are unfavorable).

1.6.5 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.7 Key Control: RESERVED

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

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

1.10 Key Personnel: The following personnel are considered key personnel by the Government: Project Manager, Alternate Project Manager and Dispatcher. The Contractor shall provide a Curriculum Vitae (CV) for each of these individuals in writing to the KO within 15 calendar days of contract award. (Deliverable #12). Qualifications for all key personnel are listed below:

The Contractor’s personnel shall meet the stipulated English proficiency levels in reading, speaking and writing (reference AE Pamphlet 690-70 Appendix H, Foreign Language Proficiency Level Definitions).

a. Project Manager and Alternate Project Manager: The Contractor shall designate a Project Manager to serve as the primary point of contact with full authority to act for the Contractor on all contractual matters. An Alternate Project Manager shall also be designated, vested with the same full authority, to act in the absence of the primary PM.

The Project Manager or Alternate Project Manager shall be available between 0900 and 1700, Monday through Friday and within 24 hours weekends and holidays. The Contractor shall not substitute either position without the prior written consent of the Contracting Officer. b. The submission requirements for the Key Personnel Listing (**Deliverable 005**) are as follows: (1) **Frequency:** The Contractor shall submit the initial listing no later than 15 calendar days after contract award. The Contractor shall submit the name and qualifications of any proposed replacement for review and acceptance at least 15 calendar days prior to the planned substitution. The Project Manager and Alternate shall have the following criteria. Within the past 5 years, 3 years of experience in contract management & supervisory, facilities services, custodial operations, or comparable service-based environments; consisting of 2 years experience in managing personnel in a multi-site or high-visibility environment. Two years’ experience as a project manager, or assistant manager for facilities services, custodial operations, or comparable service-based environments. Bachelor of Science or Bachelor of Arts in management may be substituted for two years of contract management & supervisory experience. Documentation of past performance ratings via written evaluations by managers or owners. Interagency Language Roundtable (ILR) Level 4 certificate.

b. Dispatcher: The Contractor shall designate a Dispatcher to coordinate daily service execution, personnel assignments, response to service calls to ensure timely and efficient performance of all portable latrine and handwashing services,and maintain service logs and response-time documentation. The Contractor shall not substitute the

Dispatcher without the prior written consent of the Contracting Officer. The Dispatcher shall be available between 0900 and 1700, Monday through Friday and within 24 hours weekends and holidays. The Dispatcher shall have the following criteria. Within the past 5 years, 3 years of experience in scheduling, dispatch operations, workforce coordination, logistics coordination, or service industry operations; Two years of experience coordinating field personnel in time-sensitive environment, maintaining service logs, and tracking multiple work orders simultaneously. Documentation of past performance ratings via written evaluations by managers or owners. Interagency Language Roundtable (ILR) Level 3 certificate.

Level I:

a. Speaking: Able to satisfy minimum courtesy requirements and maintain very simple face to face conversations on familiar topics.

b. Reading: Sufficient comprehension to read very simple written material.

Level II:

a. Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective. Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.

b. Reading: Able to read within a normal range of speed and with almost complete comprehension a variety of material on unfamiliar subjects. Can comprehend a variety of styles and forms pertinent to professional needs.

Rarely misinterprets texts.

Level III:

a. Speaking: Able to use the language fluently and accurately on all levels normally pertinent to professional needs. Language usage and ability to function are fully successful.

b. Reading: Able to read fluently and accurately all styles and forms of the language pertinent to professional needs.

Level IV:

a. Speaking: Possesses full professional proficiency, using the language fluently and accurately for all professional needs. Can participate in any conversation, including conferences and debates, with high precision and can effectively discuss topics that are culturally or conceptually different from their own.

b. Reading: Reads all styles and forms of the language fluently and accurately for professional needs. Understands nuance, subtlety, and the cultural or social context of texts. Can fully comprehend a wide variety of materials, including official documents and professional correspondence.

Required Levels of Proficiency for English Languages under this Contract:

ENGLISH

Contractor’s Personnel:

Read

Write

Speak

Project Manager/Alternate

4 4 4

Dispatcher 3 3 3

d. Special Qualifications: The Contractor shall inspect, repair, and maintain systems and components associated with portable latrines and handwash stations as required throughout this contract utilizing properly trained, skilled, and qualified employees or subcontractor personnel. The Contractor shall be an accredited waste management company for collection, transportation, storage, handling, recycling and disposal of waste according to the Closed- Cycle Material Management Law (former names German Waste Disposal Law). TÜV certificates or certificates from similar German authorities are required. The Contractor shall have a minimum of 3 years of experience with the handling of waste and goods. Personnel performing on-site services shall also have a minimum of 3 years of experience with the handling of waste and goods. Personnel with less than 3 years of relevant experience performing on-site services under this contract shall be accompanied by personnel with a minimum of 3 years of experience with the handling of waste material and goods. The Contractor shall provide valid certificates (issued by TÜV or similar German authorities) about transportation license for transporting waste on public roads. The Contractor shall provide valid license as certified firm for handling (transportation) and for disposal (certified disposal facility) called “Entsorgungsfachbetrieb EFB” to include all certification background documents. Documents will be provided to the Contracting Officer and RA Manager at time of offeror proposal submission. (Deliverable #13)

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where the 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. The Contractor (to include subcontractors) shall 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 shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the Contracting Officer 10 business days prior to the contract performance date and updated as needed to reflect Contractor personnel changes. (Deliverable #14)

1.13 Contractor Travel: RESERVED

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

1.16 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel, shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.17 The use of propaganda violates DoD Commercial Use of Imagery Guidelines. 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: The Contractor shall provide signed non-disclosure agreements to the Contracting Officer and RA Manager within 15 business days of contract award. (Deliverable #15). Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.19 Organizational Conflict of Interest (OCI): RESERVED

1.20 Phase In /Phase Out Period: To minimize decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention: The Contractor shall safeguard and maintain all Government and Contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, THE ARMY SAFETY AND OCCUPATIONAL HEALTH PROGRAM. The Contractor shall develop and implement a safety plan for its employees.

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 (Deliverable #16). Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

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

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

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted to the Contracting Officer and RA Manager within 30 calendar days after award of the contract.

Plans for subsequent major phases of work shall be submitted no later than 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 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 complete and provide safety notifications required by host nation authorities and shall provide documented proof to the Contracting Officer and RA Manager no later than 2 business days (Deliverable #17) that such notifications were made.

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

1.21.3 Environmental Compliance Plan and Program: The Contractor shall comply with all Federal, State, local, and installation environmental laws, rules and plans:

(a) Kreislaufwirtschaftsgesetz (KrWG) – Waste Management Act

(b) Wasserhaushaltsgesetz (WHG) – Federal Water Act & Water Protections Laws

(c) Abwasserverordnung (AbwV) – Waste Water Ordinance

(d) Bayerisches Landesamt für Umwelf (LfU) Guidance – Bavarian Environmental

Authority

(e) Bayerisches Abfellwirtschaftsgesetz (BayAbfG) – Management of Disposal of

Waste in Bavaria

The Contractor shall use, store and dispose of all materials, chemicals, and equipment used in the performance of services on the installation IAW with industry standards, local, Federal and State laws, and according to manufacturers’ recommendations. The Contractor shall be financially liable for all fines and associated costs for non-compliance with local, Federal and State laws regarding hazardous waste management including but not limited to: hazardous materials spillage, improper handling and transportation and improper waste disposal. The Contractor shall make all environmental and hazardous material records available the next duty day upon request from the KO or designated Government representative/COR.

1.21.4 All other waste generated by the Contractor shall be disposed of by a third party Contractor IAW applicable Host Nation, State and Federal Standards. All waste generation on USAG Bavaria must be handled under a single EPA ID Number per AR 200-1, Environmental Protection and Enhancement. The Contractor’s shall collect all Hazardous Waste for disposal by the 3rd party. The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Policy.

1.21.5 Environmental Management System (EMS)

Conformance with Environmental Management System (EMS): USAG Bavaria Environmental Division has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities and services. All personnel performing work for or on behalf of USAG Bavaria Military Communities must be aware of and understand USAG Bavaria Environmental Policy and Army in Europe Environmental Quality Program (AER200-1).

Upon request the policy can be obtained at:

USAG Bavaria Environmental Division, Directorate of Public Works (DPW) Tower Barracks Grafenwoehr, Building 389, Phone: 09641-83-7711.

Other Environmental Support Offices:

DPW/Environmental – Vilseck Phone: Building 140, Phone: 09641-70-599-4012 DPW/Environmental – Hohenfels, Camp Nainhof, Building 34, Phone: 09472-83-2658

The Contractor is also responsible to ensure that no goods and services used by the Contractor or any of its subcontractors deviate from USAG Bavaria Environmental Policy.

Compliance with Environmental Laws and Regulations: Contractor shall comply with all applicable Federal, State, and local environmental laws, statutes, regulations, executive orders, permits, Army regulations (with supplements), and European DIN, VDE and ISO regulations.

Contractor shall immediately report any conflicts between applicable Federal, State, local environmental laws, statutes, Executive Orders, AR 200-1, and any specifications within this contract to the KO and COR and the DPW-Environmental Division. Any questions regarding EMS may be directed to the Installation EMS Coordinator or Contracting Officer’s Representative.

The Contractor shall be prepared in case of any possible environmental violation under this contract. Any spillage caused by the contractor during work performance has to be handled, cleaned and disposed of by the contractor and to the contractor’s expense. The contractor shall notify the COR within one (1) hour upon spilling of hazardous materials. Verbal reports shall be followed-up by written reports to the Contracting Officer, COR and RA Manager within 2 business days. (Deliverable #18).

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

1.22.1 Anti-Terrorism (AT) Level I Training:

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas will complete AT Level I awareness training at least 30 calendar days prior to contract start-date and at least 5 calendar days prior to new employees commencing performance. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and RA Manager. AT Level I awareness training is available online at https://jkodirect.jten.mil.

Contractor personnel shall complete refresher training every twelve (12) months. Annual refresher training certificates shall be submitted to the COR and RA Manager within 10 business days prior to annual expiration (Deliverable #19).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within 5 days after completion of the training.

1.22.2 OPSEC Training: IAW AR 530-1, Operations Security, Contractor employees shall complete Level I OPSEC Awareness training at least 30 calendar days prior to contract start-date and at least 5 calendar days prior to new employees commencing performance. The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and RA Manager. All Contractor personnel shall complete Level I OPSEC Awareness training annually within 10 calendar days prior to annual expiration The Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and RA Manager. Level I OPSEC training is available at the following website: https://securityawareness.dcsa.mil/opsec/index.htm (Deliverable #20)

1.22.3 iWATCH Training:

Contractor and all associated subcontractors shall brief the local iWATCH program to all of Contractor’s employees and associated subcontractors on the local suspicious activity reporting program (training standards provided by the requiring activity ATO). This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the USAG Bavaria Military Communities, Police Department and the COR. This training will be completed at least 30 calendar days prior to contract start-date and 5 calendar days prior to new employees commencing performance. Certificates shall be submitted to the COR and RA Manager via email within 10 calendar days of completion (Deliverable #21). Training can be found at:

https://www.mepcom.army.mil/Home/Contractors/

1.22.4 Information Assurance (IA) Training RESERVED

1.23 Authorization to Perform Services in Germany

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

1.23.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component, or their dependents;

or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.23.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.24 Notice to Proceed: RESERVED

1.25 Electromagnetic Compatibility Directive: 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.