Combined_Synopsis_Solicitation_DPW_TES_Management.pdf

COMBINED SYNOPSIS/SOLICITATION

GENERAL INFORMATION

Notice Type: Combined Synopsis / Solicitation

Solicitation Number: W91WFU-16-T-0014

Posted Date: 19 July 2016

Solicitation Response Date: 18 August 2016, 10:00 AM Central European Time.

Set Aside: Full and open competition without exclusions

NAICS Code: 561730 – Landscaping Services

DESCRIPTION: This combined synopsis / solicitation is for a non-personnel services contract to provide management for threatened and endangered species (TES) habitats in the Local Training Area (LTA) Boeblingen, Germany. The contractor will perform TES management measures and provide conservation specialists, all necessary equipment and personnel as described in the Performance Work Statement (PWS).

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. Additionally, the Government will utilize simplified procedures in accordance with Subpart 13.5. This announcement constitutes the only solicitation, quotes are being requested and a separate solicitation will not be issued.

II. This solicitation is issued as a Request for Quote (RFQ) in accordance with FAR Part 12 and 13. Submit electronic quotes on RFQ reference W91WFU-16-T-0014.

III. This combined synopsis/solicitation incorporates provisions and clauses in accordance with Federal Acquisition Circular (FAC) 2005-83.

IV. Due to the overseas location of this solicitation, no set-aside will be used.

V. Attachments: Attachment 1 – Performance Work Statement (PWS) dated 28 June 2016 VI. The period of performance for this requirement shall be for (1) one Basic Year plus (2) two

Option Years starting 1 September 2016 as described in the PWS. The service is to be performed at the following address: Local Training Area (LTA) Boeblingen, Germany.

VII. The government will hold a site visit on Monday 25 July 2016 at 10:00 CET on Local Training Area Boeblingen, Germany.

VIII. The provision of FAR 52.212-1, Instructions to Offerors – Commercial Items, and the attached addendum applies to this acquisition.

IX. Contractor must be SAM registered under www.sam.gov to be eligible for award.

INSTRUCTIONS TO OFFEROR – ADDENDUM TO 52.212-1

1. Paragraph (a) Small business size standard does not apply to this solicitation

2. Paragraph (b) is modified to add the following requirements for submission in response to the solicitation:

a. Instructions for Proposal Submission:

It is the Government’s intend to award without discussions, per FAR 52.212-1(g), offerors are cautioned to reexamine the solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects.

Any exceptions made to any of the line items and conditions of the offer must be stated in a separate letter of transmittals that is to accompany your quote.

Offers submitted in response to this solicitation must delete, or by explicit language exclude, any conditions (preprinted or otherwise) appearing on the offeror’s letterhead or on the reverse thereof which may be in conflict with any of the general special conditions contained in this solicitation.

Failure to eliminate such conflicting conditions may result in rejection of the quote as unacceptable as such offer would not conform to the solicitation.

Late offers will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers”

This request does not commit the Government to pay any costs incurred in the preparation and submission of offeror’s proposal/quote or in making any necessary studies for the preparation thereof or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation for negotiations.

Submit any questions regarding the solicitation by email to Mr. Nathan Pauly at Nathan.r.pauly2.civ@mail.mil and Mrs. Birgit De Luca at birgit.deluca.LN@mail.mil. All questions must be submitted no later than 5 days prior to the solicitation closing date.

Answers to questions will be posted under the solicitation number on FBO. Offerors are responsible to monitor the website for all notifications.

b. Proposal Preparation:

Volume I- Technical: This volume shall have no reference to the offeror’s name, trademark, logo, or reference that would identify the Offeror except the cover page of the Volume. The Offeror’s proposed response to Technical Capability shall demonstrate a thorough and comprehensive understanding of the PWS to effectively integrate the tasks outlined in the PWS with the required certification and contractor provided equipment. The response shall provide the details and documentation necessary to substantiate the proposed approach. Offerors are advised to submit quotes that are fully and clearly acceptable without additional explanation of information since the Government may make a final determination as to whether a quote is acceptable or unacceptable solely on the basis of the quote as presented and submitted without requesting any further information.

Technical proposal (Volume 1) shall not exceed 10 pages. The following do not count against the page limit: cover page, table of contents, acronym lists, and compliance matrices. The pages in response must be single sided pages with no foldouts. The font must be no smaller than 11pt.

Times New Roman, and the margins must be no smaller than 1 inch on all sides. Each page must be numbered, using the format “page # of #,” in the bottom center of the page. The government will only read/evaluate the maximum number of pages allowed.

The quotes shall address the following technical factors:

i. Provide sufficient documentation to demonstrate that at least one contractor personnel has a certified landscape conservationist certified by German chamber of agriculture or German district government, one Senior biologist for field evaluation and success control and one employee with a masters degree in forest science as described in paragraph 1.6.11.a. of the PWS.

ii. Provide sufficient documentation to demonstrate that contractor can provide the necessary equipment to perform the maintenance measures as described in paragraph 4.4 of the PWS.

iii. Provide sufficient documentation that demonstrates experience in endangered plant and animal species management.

Volume II – Price: Provide pricing in the Price List – Attachment 2:

Offerors are instructed to complete price proposals in attached Price Exhibit (attachment 2 to the combined synopsis / solicitation). Offers received without completed Price Exhibits will be considered non-conforming and may not be considered for contract award. All prices should be based on the PWS requirements and Workload data as provided in the Technical Exhibits. Offers submitted in response to this solicitation shall be in EUROS.

Price Exhibit – Offerors shall complete price offer on provided Price Exhibit in .xl spreadsheet format. Complete the pricing exhibits as follows:

The contractor shall provide unit prices and estimated annual extended prices by multiplying unit prices by Government provided annual workload estimates provided on the price exhibit.

Government Estimated Workload column is used only for evaluation purposes, and is not a guarantee of future work; this column will be removed from Price Exhibit 2 in the awarded contract.

c. Proposal Submission:

These submittals shall be reviewed and analyzed by the Government IAW the evaluation criteria listed under 52.212-2 and any associated addendums. The submittal package (Volumes I, and II) must be received by the designated date and Central European Time (CET). Fax submittals will not be accepted. The Government shall not be held liable for offers not received. Quotes shall be submitted to:

Nathan.r.pauly2.civ@mail.mil and Birgit.deluca.LN@mail.mil

X. The provision of FAR 52.212-2, Evaluation – Commercial Items, and the attached addendum applies to this acquisition.

EVALUATION – ADDENDUM TO 52.212-2

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The award will be based on the Lowest Priced Technically Acceptable (LPTA) best value process.

2. Evaluation Factors and Approach: Using LPTA, the Government will evaluate price and Technical Acceptability. The LPTA process is accomplished through the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. Award will be made to the offeror who has the lowest priced technically acceptable offer. Offerors shall submit a proposal that demonstrates the ability to meet all required technical factors.

Simply restating the technical criteria within a proposal may result in an unacceptable rating and preclude the vendor from award. To achieve an overall “Acceptable” technical rating, all factors must be assessed as “Acceptable”. Failure to demonstrate the ability to meet any of the factors will result in an Unacceptable” rating. Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. Any vendor listed on the SAM (excluded Parties Listing) is prohibited from receiving Government Awards regardless of technical and pricing factor results.

The following factors shall be used to evaluate offers:

i. A staffing approach that demonstrates the employee(s) assigned to this contract meet the requirements of paragraph 1.6.11 of the PWS.

ii. Sufficient Information that demonstrates the contractor is able to provide necessary equipment as listed in paragraph 4.4 of the PWS.

iii. Documentation of 1 Project that demonstrates the experience in endangered plant and animal species management.

XI. Clauses/Provisions

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation DEC 2014 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations DEC 2014 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-2 Evaluation - Commercial Items OCT 2014 52.212-3 Offeror Representations and Certifications- Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Deviation Mar 52-217-5 Evaluation of Options 52.217-9 Option to extend the Term of the Contract MAR 2000 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification AUG 2013 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52-225-14 Inconsistency Between English Version And Translation of Contract 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. DEC 2012 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 252.201-7000 Contracting Officer’s Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-0002 Line Item Specific: Sequential ACRN Order SEP 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding of Unclassified Controlled Technical Information NOV 2013 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism DEC 2014 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014

252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform 252.225-7993 Prohibition on Contracting with the Enemy (Deviation) SEP 2014 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7006 Wide Area Workflow Payment Instructions May 2013 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing of Contract Modifications 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7000 Hardship Conditions AUG 2000 252.247-7023 Transportation of Supplies by Sea APR 2014

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the equivalent of EURO 10.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of an amount equivalent to EURO 200,000.00

(2) Any order for a combination of items in excess of an amount equivalent to EURO 200,000.00 or

(3) A series of orders from the same ordering office within three days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration of the last open Task Order.

(e) The guaranteed minimum under this contract is 10,000 Euros. The maximum value under this contract is

270 ,000,000 Euros.

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--

(1) ) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil http://www.dtic.mil/dfars

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from within the term of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government.

The following taxes or duties have been excluded from the contract price:

NAME OF TAX: VAT RATE: 19%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

CCE 204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION (March 2005)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S.

installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer.

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (March 2005)

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 also 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.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(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.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above.

Compliance with this clause 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, task order, or delivery order for default.

(End of local clause)

CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (March 2005)

(a) 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 AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

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

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

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

http://www.hq.usacce.army.mil/

CCE.233-4002 AMC-LEVEL PROTEST PROGRAM (January 2014)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)

CCE 236-4000 ACCIDENT PREVENTION - HOST NATION SAFETY LAWS AND REGULATIONS

(GERMANY) (MAR 2005)

The Contractor shall comply with FAR 52.236-13, Accident Prevention (NOV 1991), the references contained therein (e.g. 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 approved 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) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

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

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 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:

(1) Short sleeve shirt.

(2) Long trousers.

(3) Steel-toed safety boots.

(4) Hard hat.

(f) In addition to other requirements for accident prevention specified in this contract, the Contractor is responsible for compliance 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), dated 10 June 1998, the Contractor is responsible for coordination of all work at the site, including development of plans and providing advance notices. The Contractor shall indicate his 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 will assure that he complies with the non-exclusive list of duties described in this clause. If the contractor determines that additional activities are required to fully comply, the contractor shall assure that compliance with the laws is complete. The duties include:

(1) Conditions of construction and operational activities to be considered include but are not limited construction activities meeting the following criteria:

(A) The work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or

(B) The volume of work is scheduled to exceed 500 person days, or the work presents particularly hazardous 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)).

(2) 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.

(A) 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.

(B) The Contractor is responsible for completing and providing any safety notifications required by host nation authorities and will provide proof to the Contracting Officer that such notifications were made.

CCE-236-4001 PERMITS AND RESPONSIBILITIES (March 2005)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work. The Contractor shall also take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work that may have been accepted under the contract.

CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (March 2005)

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

(End of local clause)