W91WFU19Q0012-0001_Amendment.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to incorporate PWS changes, clause updates, and to extend the solicitation response date and time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 39

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Sep-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W91WFU19Q0012

X 9B. DATED (SEE ITEM 11)

29-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Sep-2019

CODE

RCO STUTTGART

KELLEY BARRACKS

GEB 3307 PLIENINGERSTRASSE

70567 STUTTGART

GERMANY

W91WFU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91WFU19Q0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 20-Sep-2019 04:00 PM to 23-Sep-2019 04:00 PM.

The following have been added by reference:

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun 2014)

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

United States Africa Command (USAFRICOM) Building 3312 Welcome Center IT and ESS Renovation 19 Sep 2019

Part 1

General Information

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

1.1 Description of Services/Introduction: This is a non-personal services contract to provide Information Technology (IT) and Electronic Security System (ESS) renovation for USAFRICOM Building 3312 Welcome Center.

1.2 Background: As USAFRICOM modernizes and enhances operational capabilities at Kelley Barracks in Stuttgart, Germany, the U.S. Navy’s Naval Information Warfare Center (NIWC) is providing USAFRICOM Building 3312 with modernization of Desktop IT and communications systems. Specifically, for this effort, NIWC Atlantic provides tenant systems which consist of: new or renovation of Passive and Active Inside Plant Network Infrastructure, Desktop Automated Information Systems (AIS) and voice communication systems, Electronic

Security Systems (ESS) and Audio/Visual Information Systems (AV) necessary to outfit the operational spaces within the facility.

1.3 Scope: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Building 3312 Welcome Center renovation in accordance with this PWS. The Contractor shall perform to the standards in this contract.

1.4 Objectives: The objective of this project is to upgrade Building 3312 Welcome Center with Active Infrastructure (AI), Passive Infrastructure (PI), Automated Information System (AIS), AV System and ESS upgrades. The Contractor shall accomplish a turn-key, fully functional, and tested IT / AV/ AIS / ESS installation.

The Contractor shall provide project management, design, installation, integrated logistics support, ESS system installation, and facilitation of the Government executed System Operation and Verification Test (SOVT) for the USAFRICOM Building 3312 Welcome Center.

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 ten (10) days after date of contract award {Deliverable #001}.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have three (3) 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 thirty (30) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

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

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

timelines, deadlines, and goals)?

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

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

e. How will the Contractor ensure all keys issued will remain controlled items (Paragraph 1.10 Key Control)?

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

g. 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 Optional addendum to the QCP: Reserved

1.5.1.2 Potential Issues: The Contractor shall inform the COR of issues or potential issues that might affect the performance within two (2) hours of identifying those issues. Verbal reports shall be followed up by written reports within five (5) days. {Deliverable #002}

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 workday 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 in writing. 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 in writing.

The German national and local holidays are:

New Year’s Day January 1st Three Kings Day January 6th Good Friday Varies Easter Monday Varies Labor Day May 1st Ascension Day Varies Whit Monday Varies Corpus Christ Varies Day of German Unity October 3rd All Saint Day November 1st 1st Christmas December 25th 2nd Christmas 26th

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

1.5.4.1 Government Facility Office Hours: The Government facility office hours 0730-1730 Monday thru 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 0730-1730 Monday thru 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 in writing by the COR to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0730-1730 Monday-Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. 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: USAFRICOM 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 will be performed in Stuttgart, Germany at Kelley Barracks, NIWC Atlantic Europe Office, Building 3312.

1.9 Security Requirements:

1.9.1 Security Program: Contractor personnel performing work under the base contract must have an active personnel security clearance at the SECRET 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 in accordance with the DD Form 254, “Department of Defense (DOD) Security Classification Specification”.

1.9.2 Personnel Security Clearance Requirements: Contractor personnel performing work under this PWS must have an active personnel security clearance at the SECRET level and as required in section 1.7.12 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 in accordance with (IAW) the DD Form 254. The Contractor shall ensure that Contractor employees and Subcontractor employees performing services under this contract comply with 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 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. The Contractor shall submit security clearances and Visitor Access Request of the employees requiring site access for the duration of their stay or installation. 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 precedence.

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.

Ability to perform work shall not be dependent upon the government’s ability to provide escorts within the workspace. The Contractor must maintain the ability (in both security access level and quantities of personnel) to provide their own escorts as necessary to accomplish the tasks specified in this PWS.

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.

The Contractor Program Manager and Lead Installer shall have sign-on privileges, as they are responsible for escorting and supervising subcontractors and occasional on-site prime contractor employees while on the U.S.

installation.

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: In addition, the Contractor shall provide the KO, via the COR, an Initial Installation Pass Log within thirteen (13) days after contract award {Deliverable #003}. 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.

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 three (3) days.

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 three (3) days.

1.9.4 Employment Eligibility: Reserved

1.9.5 Common Access Cards (CAC): The Contractor shall submit the Trust Associate Sponsorship System (TASS) registration request (provided by the COR) to the COR within ten (10) calendar days after award (unless circumstances require otherwise and as directed by the KO) {Deliverable #004}. The COR will determine in writing which Contractor position will require CAC within fifteen (15) business days after contract award. The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under (paragraph 1.23.5). Web site https://www.dmdc.osd.mil/tass/.

1.9.5.1 CAC Log: The Contractor shall provide a CAC Log within the first 30 calendar days after contract award and within five (5) days after changes have been made {Deliverable #005} (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.

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

1.9.6.1 U.S. Citizen: Reserved

1.9.6.2 Local Nationals and Third Country Nationals: Reserved

1.9.7 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials at the worksite shall be secured IAW the DoD 5200.01 Information Security Program and Intelligence Community Directive (ICD) 705.

1.9.8 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.

The Contractor shall immediately report suspicious activities to 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 shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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.

1.11.1 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 Program Manager (PM) 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. The Contractor shall document all meeting minutes and submit a copy to the COR within five (5) calendar days {Deliverable #006}. The Contractor shall attend meetings in-person unless otherwise approved by the COR and participate in coordination of access/survey/materials delivery/installation/testing with Government representatives, tenants, Command Security, Special Security Office (SSO), Defense Intelligence Agency (DIA), and all other stakeholders.

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: Project Manager (PM), Project Engineer (PE), Lead Installer, ESS Project/Design Engineer, ESS Lead Installer, IA SME, ESS System Administrator. The Contractor shall provide a PM who shall be responsible for the performance of the work.

The names of and contact information of key personnel, PM and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO via the COR {Deliverable #007}. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The PM or alternate shall be available between 0730-1730. Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. Qualifications for all Key Personnel are listed below:

PM/APM: Contractor PM shall have the following qualifications/certifications:

Bachelor of Science degree in Business Administration/Management, Engineering field, or equivalent military certification At least five years of experience, managing IT installation projects in DoD SECRET clearance The Contract Manager and Alternate Contract Manager shall be able read and write at English

Language Fluency level 4 (see PWS Attachment 3 for fluency level descriptions)

PE: Contractor PE shall have the following qualifications/certifications:

Bachelor of Science degree in engineering field or equivalent military certification At least six years of experience, managing IT installation projects in DoD SECRET clearance BICSI Registered Communications Distribution Designer (RCDD) or equivalent The Contract Project Engineer shall be able read and write at English Language Fluency level 4

(see PWS Attachment 3 for fluency level descriptions)

Lead Installer: Contractor Lead Installer shall have the following qualifications/certifications:

At least five years of IT installation experience, performing installs.

SECRET clearance CTS-I (Installation Specialization) The Contract Lead Installer shall be able read and write at English Language Fluency level 4 (see

PWS Attachment 3 for fluency level descriptions)

ESS Project/Design Engineer: Contractor Project/Design Engineer shall have the following qualifications/certifications:

Bachelor of Science degree in engineering field or equivalent At least five years of experience on similar DoD 5200 compliant projects Lenel VAR Certified SECRET Clearance The Contract ESS Project/Design Engineer shall be able read and write at English Language

Fluency level 4 (see PWS Attachment 3 for fluency level descriptions)

ESS Lead Installer: Contractor Lead Installer shall have the following qualifications/certifications:

At least three years of Lenel ESS installation experience, performing installs for similar DoD 5200 compliant projects compliant projects compliant projects Lenel Certified Kaba-Mas Certified SECRET clearance The Contract ESS Lead Installer shall be able read and write at English Language Fluency level 4

(see PWS Attachment 3 for fluency level descriptions)

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

1.14.1 Contractor workspace: Reserved.

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

1.15 Contractor Travel: Reserved.

1.16 Other Direct Costs (ODCs): Reserved.

1.17 Data Rights: Reserved.

1.18 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.

1.18.1 Non-Disclosure Statements: Contractor access to proprietary information is required under this PWS. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the Privacy Act, OMB M06-16 (PII) and other pertinent laws and regulations governing the confidentiality of privileged information and Safeguarding Sensitive but Unclassified (SBU) (For Official Use Only) Information. The Contractor shall ensure that all Contractor personnel having access to business or procurement sensitive information sign a Non-Disclosure Agreement (NDA) and provide it to the COR when applicable. The Contractor shall provide signed non-disclosure agreements to the Government no later than one (1) day {Deliverable #008} 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.

1.19 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5.

The Contractor shall notify the 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 #009}. 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.

1.20 Phase In /Phase Out Period: Reserved

1.21 Safety and Accident Prevention: The Contractor shall abide by the following requirements:

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 #01}. 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.

1.21.1.1 Accident Prevention: 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 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 five (5) days that such notifications were made. {Deliverable #011}

1.21.1.3 Italian Safety Law DLGS 528/99: Reserved

1.22 Environmental Compliance:

1.22.1 Environmental Compliance Plan and Program: Reserved

1.23 Required Training:

1.23.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within thirty (30) days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or thirty (30) days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the KO, if a COR is not assigned) within ten (10) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies. {Deliverable #012}

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) days after completion of the training.

1.23.2 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract. Verification of the training shall be provided to the COR within ten (10 days after completion of the training. 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 days after completion of the training. {Deliverable #013}

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

1.23.3 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance, with the results reported to the COR within thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance. Verification of the training shall be provided to the COR within five (5) days after completion of the training {Deliverable #014}.

Training slides can be found on the Army OneSource we site:

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

1.23.4 Information Assurance (IA) Training Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Training. All employees working IT/IA functions must comply with DOD and Army training requirements per DOD Directive (DODD) 8570.01, Information Assurance Training Certification and Workforce Management, DOD 8570.01-M, Information Assurance Workforce Improvement Program, and AR 25-2, Information Assurance, within thirty (30) calendar days of employment. Training is available at https://ia.signal.army.mil/DoDIAA/default.asp. All Contractor personnel and subcontractor personnel performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Contractor personnel must complete refresher training every twelve (12) months. {Deliverable #015}

1.23.4.1 Cyber Awareness Training: Reserved

1.23.4.2 Information Technology (IT)/IA: All Contractor employees, including subcontractors, performing these functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01-M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment.

{Deliverable #016}

Training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.23.4.3 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 thirty (30) days after registration. Verification of the training shall be provided to the COR within ten (10) days after completion of the training. {Deliverable #017}

1.23.5 Personally Identifiable Information (PII): Reserved

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

1.23.6 Threat Awareness and Reporting (TARP): Contractor employees, including subcontractors, performing services under this contract with access to Government installations shall complete TARP training within thirty (30) 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 five (5) calendar days after competition.

{Deliverable #018}

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

1.23.7 Network Access Training: Reserved

1.24 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.

1.24.1 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.

1.24.2 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.

1.25 Notice to Proceed: Reserved

1.26 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/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.

1.27 Government Property and Services: Reserved.

1.28 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the 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).