Attachment_1_-_Performance_Work_Statement_dtd_24OCT2018.pdf

409th CSB Ver 5 20180730

Performance Work Statement (PWS) EUCOM Personnel Security Support and Badging

24 Oct 18

PART 1

GENERAL INFORMATION

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

1.1 Description of Services/Introduction: This PWS describes the requirements for the Contractor to provide Personnel Security support for United States European Command (EUCOM). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide the services as describe herein except as identified in Section 3, “Government Furnished Property, Equipment, and Services”. The Contractor shall perform to the standards in this contract.

1.2 Background: EUCOM maintains security capability within its cognizance. The security and badge requirement directly supports this mission.

1.3 Scope: The Contractor shall provide non-personal services for customer service and security administration to include the verification of security clearances to provide access to secure spaces and assisting with the administrative needs of inbound and outbound personnel. The Contractor shall accomplish the creation of badges to gain access to secure spaces.

1.4 Objectives: The objective of this PWS is to grant personnel access to secure spaces in accordance with the USEUCOM Personnel Security Program and to assist with the administrative requirements with inbound and outbound 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 QCP shall be submitted to the Contracting Officer (KO) via the Contracting Officer’s Representative (COR) for review within thirty (30) days after contract award (Deliverable #01)

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within fifteen (15) days. If the Government has provided comments, the Contractor shall then have ten (10) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the KO acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted through the COR to KO for acceptance no later than five (5) 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 1.10 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?

1.5.1.1 The Contractor shall inform the COR of issues or potential issues that might affect the performance within two (2) working hours of identifying those issues. Verbal reports shall be followed up by written reports within twenty-four 24 hours (Deliverable #02).

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 not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the KO. 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 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 shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the KO.

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 0730 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 of 0600 to 1800, Monday through Friday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above. The Government facility may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the KO to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support two (2) four-hour periods of customer support each day which shall be separated by one (1) hour to account for Government lunch period during normal Government facility working hours Monday through Friday, except American Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closing. While the start and end time may vary up to 3 hours (based upon mission requirements) the core hours of operation shall be 0900-1400. For example, the hours may adjust to be 0600-1500 or 0900- 1800. The Government will determine the working hours at the beginning of contract award. The Government will provide notice NLT 1600 on Thursday of the prior week if the start or end time varies from the established working hours. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6 Contractor Work Plan: Reserved

1.7 Training Holidays: United States Army Europe (USAREUR) has historically granted military personnel training holidays as compensation for time that they spent in field training. These are typically combined with regular holiday leave schedules (for example, Christmas half days or day on day off schedules). Training holidays may affect access to military operated facilities. If scheduled work or access to facilities is required, coordination with occupants will be necessary or the work in affected facilities shall be rescheduled after the training holiday. However, announced training holidays or exodus of military personnel may provide the Contractor with an opportunity for unrestricted access to facilities and areas. The Contractor shall take full advantage of such opportunities by planning maintenance or actions that are better accomplished when such areas are vacant.

1.8 Place of Performance: The work to be performed under this contract shall be performed at US Army Garrison Stuttgart, primarily at Patch Barracks.

1.9 Security Requirements:

1.9.1 Security Program: Contractor personnel performing work under this contract must have a Top Secret/Sensitive Compartmented Information (TS/SCI) clearance 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 with the Department Of Defense Contract Security Classification Specification (DD Form 254). The Contractor shall receive the DD 254 through the Army Centralized Contractor and Security (ACCS) portal which uses Army Contractor Support Element (CSE) for registration (https://accs.army.mil/registration).

1.9.1.1 Security Incident Reporting: The contractor shall report any suspected and/or verified incidents involving the unauthorized access to classified information, classified information systems and any other unauthorized disclosure of classified information to the COR and EUCOM SSO within 24 hours of learning of the potential compromise.

1.9.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract must have an active personnel security clearance at the TS/Sensitive Compartmented Information (SCI) level in the Joint Personnel Adjudication System (JPAS) 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. The Contractor shall ensure that Contractor employees and subcontractor employees performing services under this contract comply with Federal Acquisition Regulation (FAR) 52.204-2 Security Requirements when the employee has access to information classified “Confidential,” “Secret,” or “Top Secret.” The Contractor shall ensure the employee complies with the Department of Defense Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and any revisions to DoD 5220.22-M, notice of which has been furnished to the Contractor. All personnel security clearances will be passed thru the ACCS Portal. The ACCS Portal is a system that the Army uses to process and track cleared Contractors that require access to sensitive information. The Contractor Facility Security Officer (FSO) will be required to request an account from the Department of the Army Contractor Support Element (CSE). Contractor personnel performing under this contract shall not travel to OCONUS until after the clearance and suitability review package has been completed in ACCS by Army CSE.

1.9.3 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 Regulation (AER) 190-16) Installation Access Control or AER 604-1 Local National Screening Program (LNPS) in 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 AER 190-16 or AER 604-1, the regulation takes precedent.

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

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

AER 604-1 can be found on the following website:

https://media.defense.gov/2015/Aug/26/2001922060/-1/-1/0/AER604-1.pdf

AER 190-16 can be found on the following website:

https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf

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

https://media.defense.gov/2017/Apr/27/2001921547/-1/-1/0/AER190-16-G.pdf

1.9.3.1 Requiring Activity’s Security Requirements: The Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within thirty (30) days after contract award (Deliverable #03). The COR will provide format and content within ten (10) days after contract award. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable #04).

1.9.3.2 The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within 10 calendar days (Deliverable #04)

1.9.3.3 Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 10 calendar days (Deliverable #04).

1.9.4 Common Access Cards (CAC): The Contractor shall submit the Trust Associate Sponsorship System (TASS) registration request (provided by the COR) to the COR within fifteen (15) calendar days after award (unless circumstances require otherwise and as directed by the KO) (Deliverable #05). The COR will determine in writing which contractor position will require CAC within five (5) business days after contract award. The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under paragraph 1.21.5. Web site https://www.dmdc.osd.mil/tass/.

1.9.4.1 The Contractor shall provide a CAC log within the first thirty (30) calendar days after contract award and within five

(5) days after changes have been made (Deliverable #06) (unless circumstances require otherwise and as directed by the KO).

The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be monitored.

1.9.5 Background Checks: AER 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors in Germany.

1.9.5.1 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 Activities Security Manager through COR 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 Activities Security Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activities Security 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 Activities Security Manager.

1.9.5.2 Local Nationals and Third Country Nationals: Reserved

1.9.6 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW DODM 5200.01, DoD Information Security Program.

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

1.10 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the KO. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Quality Control Plan.

1.11 Post Award Conference: The Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5, if required by the KO. The designated Program Manager (PM) shall attend these meetings in person, on-site. VTC or Telecom shall be arranged for Contractor personnel that cannot attend in person.

1.11.1 Periodic Progress Meetings: The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Program Manager (PM) or his/her alternate to review the Contractor's performance. At a minimum the PM shall meet quarterly but depending on Contractor’s performance these meeting can occur more frequently. The anticipated number of meetings is four (4) per year in Stuttgart, Germany. These meetings shall be at no additional cost to the Government. A discussion on the Contractor’s performance shall be evaluated and discussed. Appropriate action items to resolve any issues shall also be discussed. An action plan to resolve any issues shall be provide to the Government depending on the severity of the issue from twenty-four (24) hour but NLT five (5) business days (Deliverable #07). The Contractor shall take and provide meeting notes for all meetings/briefings they attend. The Contractor shall provide a draft copy within five (5) business days. If the COR doesn’t respond within five (5) business days the meeting notes become final (Deliverable #07).

1.12 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the KO, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the KO. 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 KO and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.13 Key Personnel: The follow personnel are considered key personnel by the Government: Program Manager/Alternate (PM/APM). The Contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO through the COR within five (5) business days after contract award (Deliverable #08). The PM/APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM/APM be available via telephone between 8:00 a.m. to 5:00 p.m. Central European Time, Monday thru Friday except Federal holidays.

1.14 Special Qualifications: The badge operator shall have five (5) years of DoD experience in security, intelligence, or database management. The badge operator shall have two (2) year experience working with Joint Personnel Adjudication System (JPAS) and LENEL systems. The badge operator shall be certified in LENEL and proficient in JPAS prior to contract period of performance start date. The Contractor shall ensure that badge operator is knowledgeable of the most recent version of JPAS and LENEL.

1.15 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.15.1 Contractor workspace: Reserved

1.15.2 Contractor Identification Badges: Contractor personnel shall be easily identifiable through the display of badges IAW Contractor Identification AER 27-715. 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 KO prior to the contract performance date and updated as needed to reflect Contractor personnel changes.

1.16 Contractor Travel: Reserved

1.17 Other Direct Costs (ODCs): Reserved

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

1.19 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 KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS.

All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

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

1.19.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government within five (5) business days after contract award (Deliverable #09) prior to commencement of work under the contract.

Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.20 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI (Deliverable #10). The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the

OCI.

1.21 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 immediately. Phase Out shall occur during the last fifteen

(15) days of contract performance. The Contractor shall take the necessary steps to ensure a smooth and orderly transfer of performance responsibility to a successor. The Contractor shall correct or replace, as determined by the COR any damage to Government owned property caused by employee negligence or mistake, intentional or otherwise. The Contractor shall fully cooperate with the successor Contractor and the Government so as not to interfere with their work or duties. This shall include formal coordination with the Government and incoming Contractor staff and management; delivery of copies of existing policies and procedures; delivery of required metrics and statistics, and migration of databases (if required) (Deliverable #11).

1.22 Safety:

1.22.1 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 #12). 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 KO 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:

(i) Short sleeve shirt.

(ii) Long trousers.

(iii) Steel-toed safety boots.

(iv) Hard hat.

1.22.1.1 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.

1.22.1.2 Safety notifications: The Contractor shall complete and provide safety notifications required by host nation authorities and will provide documented proof to the KO via the COR, no later than 10 calendar days that such notifications were made.

1.23 Environmental Compliance: Reserved

1.23.1 Environmental Compliance Plan and Program: Reserved

1.24 Required Training:

1.24.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) business days (Deliverable #13) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) business days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable #13) for each affected Contractor employee and subcontractor employee to the COR (or to the KO, if a COR is not assigned) within ten (10) business days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training (Deliverable #13) every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within ten (10) business days after completion of the training (Deliverable #13).

1.24.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) business days of employment under this contract (Deliverable #14). Verification of the training shall be provided to the COR within ten (10) business days after completion (Deliverable #14). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months. Verification of the training shall be provided to the COR within ten (10) business days after completion of the training (Deliverable #14).

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within ten (10) business days after completion of the training (Deliverable #14).

1.24.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.

This training shall be completed within thirty (30) business days after the contract is awarded and within thirty (30) business days after new employees commence contract performance, with the results reported to the COR within forty-five (45) days after the contract is awarded (Deliverable #15). Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.24.4 Information Assurance (IA) Training: All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within thirty (30) business days (Deliverable #16) after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) business days after employment of new personnel. Verification of the training shall be provided to the COR within 30 calendar days after completion of the training (Deliverable #16). Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.24.4.1 Information Technology (IT)/IA: Reserved

1.24.4.2 Army Training Certification Tracking System (ATCTS): All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in ATCTS, the web address is https://atc.us.army.mil/iastar/index.php. Verification of registration shall be provided to the COR within 10 calendar days after registration (Deliverable #17).

1.24.5 Personally Identifiable Information (PII): (If applicable) Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within thirty (30) business days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees within five (5) business after completion (Deliverable #18). Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm.

1.24.6 Threat Awareness and Reporting (TARP): Contractor employees, including subcontractors, performing services under this contract with access to Government installations shall complete TARP training within 180 calendar days of employment. Contractor personnel must complete refresher training every twelve (12) months. The Contractor shall provide the COR a copy of the training certificate(s) within 30 calendar days calendar days after competition (Deliverable #19).

Training is available at http://iatraining.disa.mil/eta/piiv2/launchPage.htm.

1.24.7 Network Access Training: The COR will provide the Contractor with the required training for network access within 30 calendar days after contract award. Contractor shall provide training certificate(s) within 10 calendar days of completion (Deliverable #20).

1.25 Authorization to Perform Services in Germany: 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.

1.25.1 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.

1.25.2 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.

1.26 Notice to Proceed: The notice to proceed will be provided as indicated below.

XX The effective date of contract will constitute the date of notice to proceed A notice to proceed letter will be issued The date of the letter transmitting the contract will constitute the date of the notice to proceed

1.27 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2004/108/EC. 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.

1.28 Government Property and Services: Reserved

1.26 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams.

The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the KO through the COR in writing within ten (10) calendar days of completion of the inspection.

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

KO.

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 KO 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, KO’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 KO 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 KO 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).