AWARDICONTRACf NO. IS A CFR EFFECTIVE DAT E ORDER 4. REQllSiTIONIPURCHASE REQUEST !PROJECT NO. 20 Sep 2012 SCQ DELIVERY [ 1 FOB ORlaN [ X l OTHER B (s.. "'...., NET 30 DAYS CODE CODE APPROPRIATION DATA USING OTHER THAN FULL AND OPEN SEE SCHEDULE K • - (a) 1h< Go.. I'IIIII d . 0<80 " 1ionIUldy",",off~ , IUId No fIri>rf c/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 10 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and shortterm medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medicallyrelated services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website: http://comptroller.defense.gov/rates/fy2012 html (change fiscal year as applicable). (End of Clause) H-9 952.225-0004 – COMPLIANCE WITH LAWS AND REGULATIONS (DEC 2011) (a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives. (b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault. (1) Afghanistan – Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures. (2) Iraq – Contractor employees are not subject to General Order 1. Contractor employees will follow the policies or directives of the Office of Security Cooperation-Iraq (OSC-I) Installation Managers or Chief of Mission policies and directives regarding consumption of alcohol or any prohibited items for sites that they are assigned. (c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable M67854-12-D-7000 Page 37 of 68 laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee. (d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements. (e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation. (f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan). (End of Clause) H-10 952.225-0005 – MONTHLY CONTRACTOR CENSUS REPORTING (AUG 2011) Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month. The following information shall be provided for each province in which work was performed: (1) (2) (3) (4) (5) (6) The total number (prime and subcontractors at all tiers) employees. The total number (prime and subcontractors at all tiers) of U.S. citizens. The total number (prime and subcontractors at all tiers) of local nationals (LN). The total number (prime and subcontractors at all tiers) of third-country nationals (TCN). Name of province in which the work was performed. The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2011-O0004. (End of Clause) H-11 952.225-0009 – MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR) (DEC 2011) (a) Contractors and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working on bases have been screened for and do not currently have active tuberculosis (TB). (1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country of a contracted employee. M67854-12-D-7000 Page 38 of 68 (i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur. (A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST. They need the pre-employment screening with a quality CXR, BMI and symptom survey. (B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST. (ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractor’s medical provider or local economy provider who will look for interval changes from prior CXR’s and review any changes in the symptom survey. (iii) SRN’s do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required. (iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI, and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVAC’d out of theater, at the contractor’s expense, for treatment of active TB, after consultation with the Theater PM or TB Consultant. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions. (v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors’ licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request. (2) TB screening and documentation is a requirement prior to receiving badges to work in the CENTCOM Area of Operations. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center prior to issuance of base access badges. (b) Contractor employees, including subcontractors at any tier, who work in food service positions and/or water and ice production facilities, shall have current Typhoid and Hepatitis “A” (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers. (c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees’ vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees’ vaccination records for examination by the Contracting Officer. (d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening/diagnosis/treatment/isolation) is available at the contractor’s chosen health care provider for their contracted and subcontracted personnel. NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation as Supplemented, and FRAGO’s) as applicable regarding Medical Screening and Vaccination Requirements. (End of Clause) H-12 952.225-0011 – GOVERNMENT FURNISHED CONTRACTOR SUPPORT (MAY 2012) M67854-12-D-7000 Page 39 of 68 The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence. The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence. These services are only provided at the following locations: (Contracting officer must enter the names of the operating locations of the contract that the requiring activity has properly coordinated with the respective Forward Operating Base (FOB) Mayor). When contractor employees are in transit all checked blocks are considered authorized. U.S. Citizens APO/FPO/MPO/DPO/ Postal Services Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized Embassy Clinic–Afghanistan** DFACs Mil Issue Equip Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Embassy Housing, Meals** Embassy Air** MILAIR MWR Resuscitative Care Transportation All None Third-Country National (TCN) Employees N/A Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized N/A Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized DFACs Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Mil Issue Equip MILAIR MWR Resuscitative Care Transportation All None Local National (LN) Employees DFACs Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Mil Issue Equip MILAIR MWR Resuscitative Care Transportation All None * CAAF means Contractors Authorized to Accompany Forces. ** Applies to US Embassy Life Support in Afghanistan SPECIAL NOTE – US Embassy Afghanistan Life Support: The type and amount of support that the U.S. Embassy Mission in Kabul, Afghanistan, provides to contractors, if any, must be coordinated in advance between the U.S. Mission and the contracting agency in accordance with Department of State Foreign Affairs Handbook, 2-FAH-2. M67854-12-D-7000 Page 40 of 68 Contractors are not authorized to deploy personnel requiring US Mission support prior to receiving clearance from the contracting officer. (End of Clause) H-13 952.225-0016 – CONTRACTOR DEMOBILIZATION (AFGHANISTAN) (AUG 2011) (a) Full demobilization of contractors and subcontractor(s) in the Afghanistan Combined Joint Operations Area (CJOA) is critical to responsible drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 120 days prior to the end of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from theater. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from theater immediately following contract performance completion or termination. (1) Exit from Afghanistan: The prime contractor is responsible to remain cognizant of Afghan laws regarding exit from Afghanistan. Currently, all foreigners traveling out of Afghanistan airports via commercial air transportation must have exit visas. Department of Defense, U.S. Forces-Afghanistan, Letters of Authorization (LOAs), and/or Embassy Badges are not accepted means of exiting Afghanistan. All U.S. citizens and foreign national contractors exiting via commercial means must obtain an Afghanistan exit sticker before departing the country. The exit sticker may be obtained from Ministry of Interior (MOI) office. It is the prime contractor’s responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. It is to the responsibility of the contractor to work with the Embassy of Afghanistan or Afghanistan MOI as required. (2) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractor’s exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Afghanistan CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum: (i) the name of each individual requiring a new LOA; (ii) the number of days for the LOA (no more than 30 calendar days); and (iii) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period). The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the contractor is not entitled to additional compensation for this period. If approved by the Contracting Officer, this is a no cost extension of an employee’s LOA due to demobilization and in no way is an extension of the contract performance period. (3) Badging: The prime contractor is responsible to ensure all employee badges, including subcontractor employees at all tiers, are returned to the local Access Control Badging Office for de-activation and destruction. The prime contractor shall submit a Badge Termination Report to ensure each record is flagged and the badge is revoked. If a prime and/or subcontractor employee’s badge is not returned, the prime contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon re-deployment through a CONUS Replacement Center in the U.S. Failure to return employee badges in a timely manner may result in delay of final payment. (4) Contractor Controlled Facility Space: If the prime contractor has entered into a Memorandum of Understanding with the Installation Mayor or Garrison for site space, buildings, facilities, and/or Containerized Housing Units (CHU) to house prime and/or subcontractor employees (at all tiers), the prime contractor is M67854-12-D-7000 Page 41 of 68 responsible to notify the Installation Mayor or Garrison Commander of intent to vacate at least 90 calendar days prior to the end of the contract performance period. All United States Government (USG) provided property in the prime contractor’s possession must be returned to the USG in satisfactory condition. The prime contractor is responsible and liable for any and all damages to USG property caused by prime and/or subcontractor employees, and shall be further liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the USG in returning prime contractor and/or subcontractor facilities including surrounding site to a satisfactory condition, including expenses incurred in physically moving property, trash, and refuse from such premises, removing/ remediating hazardous wastes on the premises, and repairing structures, buildings, and facilities used by the prime contractor and/or subcontractor. The prime contractor shall provide notification to the Installation Mayor or Garrison Commander to perform an inspection of all facilities as soon as practicable, but no more than 30 days, after the end of the contract period. If damages are discovered, the prime contractor shall make the necessary repairs. The prime contractor shall notify the Installation Mayor or Garrison Commander for re-inspection of the facilities upon completion of the repairs. If the Installation Mayor or Garrison Commander inspects the property, site space, buildings, facilities, and/or CHUs and finds they have not been properly cleaned, cleared, and/or environmentally remediated, or if the prime contractor fails to repair any damages within 30 calendar days after the end of the contract performance period, the final contract payment shall be reduced by the amount of the specified damages/repairs or the expenses incurred by the USG to properly clean, clear, and/or environmentally remediate the premises. (5) Government Furnished Equipment/Materials: The prime contractor is responsible to return all USG furnished equipment, as defined in Federal Acquisition Regulation (FAR) Part 45, clauses 52.245-1, if included in the contract. Prime contractors who are not in compliance with the FAR, Defense Federal Acquisition Regulation Supplement, Department of Defense Directives and Instructions, policies, or procedures will be responsible and liable for damages to the government property. The prime contractor may apply for a “relief of responsibility” from the Contracting Officer anytime during the contract performance period. A joint inventory shall be conducted of the equipment by the prime contractor, USG representative, and the Contracting Officer or their representative, within 10 calendar days after the end of the contract performance period. The prime contractor shall report lost, damaged or destroyed property immediately to the Contracting Officer, but no later than the joint inventory at the end of the contract period. If the prime contractor fails to report lost, damaged or destroyed equipment or materials during the contract performance period, the prime contractor shall be responsible for the replacement and/or repair of the equipment or materials. The replaced equipment shall be new, of the same quality, and shall perform at the same functional level as the missing piece of equipment. If the prime contractor fails to repair and/or replace damaged or missing equipment, the final payment shall be reduced by the appropriate amount of the specified damages or cost to replace missing equipment with new. (6) Contractor Personal Property: The contractor is advised that all personal property left on the respective installation after the date of departure of said premises, shall be sold or otherwise disposed of in accordance with 10 U.S.C. § 2575. (i) A request for the return of the property will be honored, if feasible, and if received before the expiration of the period of time allowed to vacate the installation. (ii) If abandoned property is left on the respective installation, contractual remedies may be enforced against the contractor, (See paragraph (b) of this clause for potential contractual remedies). Additionally, even if the contractor waives its interest to all abandoned personal property, the contractor may still be liable for all costs incurred by the USG to remove or dispose of the abandoned property. (iii) The contractor hereby authorizes the USG authority to dispose of any and all abandoned personal property in any manner the USG may deem suitable and hereby releases and discharges the USG and its agents from any and all claims and demands whatsoever that could otherwise be asserted because of the disposition of said abandoned personal property. (7) Synchronized Predeployment Operational Tracker (SPOT): The prime contractor is responsible to close out the deployment of personnel, including subcontractor employees at all tiers, at the end of the contract completion period and to release the personnel from the prime contractor’s company in the SPOT database. The release of employee information must be accomplished no more than 30 calendar days after the end of the contract completion date. M67854-12-D-7000 Page 42 of 68 (8) Accountability of Prime and Subcontractor Personnel: Whether specifically written into the contract or not, it is the expectation of the USG that for any persons brought into the Afghanistan CJOA for the sole purposes of performing work on USG contracts, contract employers will return employees to their point of origin/home country once the contract is completed or their employment is terminated for any reason. If the prime contractor fails to redeploy an employee, or subcontractor employee at any tier, the USG shall notify the applicable U.S. Embassy to take appropriate action. Failure by the prime contractor to re-deploy its personnel, including subcontractor personnel at any tier, at the end of the contract completion date, could result in the contractor being placed on the Excluded Parties List System (EPLS) and not be allowed to propose on future U.S. contracts anywhere in the world. (9) Personnel Recovery: Any DoD contractor with unaccounted for employees shall follow the instructions in the “Contractor Accountability and Personnel Recovery” Clause 952.225-20. The contractor may use the Contracting Fusion Cell (CFC) as a resource to track or research employees last known location and/or to view LOA’s. (b) CENTCOM - Joint Theater Support Contracting Command (C-JTSCC) and external agencies will utilize all available contracting remedies to guarantee compliance with demobilization requirements. Such actions include, but are not limited to withholding payment, issuing a cure notice, issuing a negative Contractor Performance Assessment Reporting System (CPARS) evaluation, reduction of award fee, debarment, reimbursement of U.S. Government expenses, and/or any other legal remedy available to a contracting officer. The USG reserves the right to withhold payment from the prime contractor not in compliance with the above procedures included herein. Additionally, the Contracting Officer shall document all unresolved contractor compliance issues in CPARS, which shall have an adverse past performance affect on future contracts with the USG, anywhere in the world. (End of Clause) H-14 952.225-0020 – CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (AFGHANISTAN) (AUG 2011) (a) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the contractor accepts the risks associated with required contract performance in such operations. (1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Afghanistan for the sole purposes of performance of work on a USG contract must be accounted for at all times by their respective employers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of each of its employees’ living quarters a minimum of once a month. If a DoD contracted employee becomes missing and evidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such an event will be treated as an accountability battle drill by the employer’s chain of command or civilian equivalent. (2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in this process, contractors may use the Contracting Fusion Cell as a resource to track or research employee’s last known location and/or to view LOA’s. All missing personnel will be immediately reported to the installation division Personnel Recovery Officer (PRO), Mayor’s cell, Military Police Station and/or the Criminal Investigative Division, and the Base Defense Operations Center (BDOC). (3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the USD PRO (or USFOR-A Personnel Recovery Division (PRD) with prior coordination) will attempt to validate the missing person’s identity through the employer. The contractor shall provide the information to PRD within 12 hours of request. The required information the contractor should keep on file includes but is not limited to: copy of the individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational Tracker System (SPOT), copy of passport and visas, housing information of where the individual resides such as room number and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for known friends or associates. (b) If USFOR-A PRD determines through investigation that the unaccounted personnel have voluntarily left the installation either seeking employment with another contractor or other non-mission related reasons, PRD will notify the contractor. The contractor shall ensure that all government-related documents such as LOA’s, visas, etc. are terminated/reconciled appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) M67854-12-D-7000 Page 43 of 68 of C-JTSCC Clause 952.225-0016 entitled “Contractor Demobilization (Afghanistan)”. Contractors who fail to account for their personnel or whose employees create PR events will be held in breach of their contract and face all remedies available to the Contracting Officer. (End of Clause) H-15 952.225-0022 – VISIBILITY OF INBOUND/OUTBOUND CARGO AND CONTRACTOR EQUIPMENT CENSUS (AFGHANISTAN) (APR 2012) a. Movement and coordination of inbound and outbound cargo in Afghanistan is critical to ensuring an effective drawdown. The contractor shall provide visibility of their inbound cargo and equipment via the Synchronized Predeployment Operational Tracker (SPOT) census for their contract. This requirement includes the prime and subcontractor’s at all tiers cargo and equipment. The contractor shall report any individual piece of equipment valued at $50,000 or more. Incoming cargo and equipment census data shall be input 30 days prior to start of performance or delivery of supplies and quarterly thereafter for inbound and outbound equipment. b. This reporting is required on Rolling Stock (RS), Non Rolling Stock (RNRS), and Twenty foot Equivalent Units (TEU). The following definitions apply to these equipment/cargo categories: (1) Rolling Stock (RS): All equipment with wheels or tracks, that is self-propelled, or is un-powered and can be towed by a vehicle on a roadway. Also includes standard trailer mounted equipment such as generators, water purification equipment, and other support equipment with permanent wheels. Specific examples of R/S include Wheeled Armored Vehicles (WAVS), Mine-Resistant AmbushProtected (MRAP) family of vehicles (FOVS), and Highly Mobile Multipurpose Wheeled Vehicles (HMMWVS). (2) Non Rolling Stock (RNRS): All equipment that is not classified as Rolling Stock. Includes equipment that is not trailer-mounted or originally designed to be driven or towed over a roadway. (3) Twenty foot Equivalent Units (TEU): Standard unit for describing a ship’s cargo capacity, or a shipping terminal’s cargo handling capacity. One TEU represents the cargo capacity of a standard intermodal shipping container, 20 feet long, 8 feet wide, and 8.5 feet high. One TEU is equivalent to 4 QUADCONS and 3 TRICONS. One TEU has an internal volume of 1,166 cubic feet. c. This data will be used by United States Forces-Afghanistan (USFOR-A) to assist in tracking the drawdown of Afghanistan. The contractor is responsible for movement of their own cargo and equipment. The data provided by contractors is for informational purposes only in order to plan and coordinate the drawdown effort. The Government assumes no responsibility for contractor demobilization except as stated in individual contract terms and conditions. (End of Clause) H-16 DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (Revised June 23, 2011) (See DFARS 225.74) NOTE: Contractors shall make note of the timeline for processing deploying personnel in accordance with the instructions contained in SOW Attachment 3 –Deployment Documents. Also see the USCENTCOM Contracting site at http://www2.centcom.mil/sites/contracts/Pages/Default.aspx for the most current guidance. H-17 Incorporation of Representations and Certifications by Reference. All representations and certifications and other written statements made by the contractor in response to SECTION K at the request of the Contracting Officer, incident to the award of the contract, are hereby incorporated by reference with the same force and effect as if they were given in full text. The Offeror has completed the annual representations and certifications electronically via the Business Partner Network (BPN) web site at http://orca.bpn.gov and has submitted any changes pertaining to this specific solicitation to the Contracting Officer. These amended representation(s) and/or certifications, if any, are also incorporated in the Offeror's proposal and are current, accurate, and complete as of the date of this contract. M67854-12-D-7000 Page 44 of 68 CLAUSES INCORPORATED BY REFERENCE 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 M67854-12-D-7000 Page 45 of 68 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52.203-10 52.203-12 52.204-2 52.204-4 52.204-7 52.204-9 52.204-10 52.209-6 52.211-15 52.215-2 52.215-2 Alt I 52.215-8 52.215-10 52.215-11 52.215-12 52.215-13 52.215-14 52.215-14 Alt I 52.215-15 52.215-18 52.215-19 52.215-21 52.215-21 Alt I 52.215-21 Alt III 52.215-23 52.215-23 Alt I 52.217-7 52.217-8 52.219-8 Definitions JAN 2012 Gratuities APR 1984 Covenant Against Contingent Fees APR 1984 Restrictions On Subcontractor Sales To The Government SEP 2006 Anti-Kickback Procedures OCT 2010 Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997 Improper Activity Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions Security Requirements AUG 1996 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper Central Contractor Registration FEB 2012 Personal Identity Verification of Contractor Personnel JAN 2011 Reporting Executive Compensation and First-Tier SubcontractFEB 2012 Awards Protecting the Government's Interest When Subcontracting DEC 2010 With Contractors Debarred, Suspended, or Proposed for Debarment Defense Priority And Allocation Requirements APR 2008 Audit and Records--Negotiation OCT 2010 Audit and Records--Negotiation (Oct 2010) Alternate I MAR 2009 Order of Precedence--Uniform Contract Format OCT 1997 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 Price Reduction for Defective Certified Cost or Pricing Data-- AUG 2011 Modifications Subcontractor Certified Cost or Pricing Data OCT 2010 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 Integrity of Unit Prices OCT 2010 Integrity of Unit Prices (Oct 2010) - Alternate I OCT 1997 Pension Adjustments and Asset Reversions OCT 2010 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005 (PRB) Other than Pensions Notification of Ownership Changes OCT 1997 Requirements for Certified Cost or Pricing Data or OCT 2010 Information Other Than Certified Cost or Pricing Data-Modifications Requirements for Certified Cost or Pricing Data or OCT 2010 Information Other Than Certified Cost or Pricing Data-Modifications (Oct 2010) - Alternate I Requirements for Cost or Pricing Data or Information Other OCT 1997 Than Cost or Pricing Data--Modifications (Oct 2010) Alternate III Limitations on Pass-Through Charges OCT 2009 Limitations on Pass-Through Charges OCT 2009 Option For Increased Quantity-Separately Priced Line Item MAR 1989 Option To Extend Services NOV 1999 Utilization of Small Business Concerns JAN 2011 M67854-12-D-7000 Page 46 of 68 52.219-27 52.222-3 52.222-21 52.222-26 52.222-29 52.222-35 52.222-36 52.222-37 52.222-40 52.222-50 52.222-54 52.223-5 52.223-6 52.223-17 52.223-18 52.225-13 52.225-19 52.227-1 52.227-2 52.227-3 52.227-9 52.228-3 52.228-4 52.229-4 52.229-6 52.232-1 52.232-8 52.232-11 52.232-20 52.232-22 52.232-23 52.232-23 Alt I 52.232-25 52.232-33 52.233-1 52.233-1 Alt I 52.233-3 52.233-3 Alt I 52.233-4 52.237-2 52.237-3 52.239-1 52.242-1 52.242-2 Notice of Service-Disabled Veteran-Owned Small Business NOV 2011 Set-Aside Convict Labor JUN 2003 Prohibition Of Segregated Facilities FEB 1999 Equal Opportunity MAR 2007 Notification Of Visa Denial JUN 2003 Equal Opportunity for Veterans SEP 2010 Affirmative Action For Workers With Disabilities OCT 2010 Employment Reports on Veterans SEP 2010 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act Combating Trafficking in Persons FEB 2009 Employment Eligibility Verification JAN 2009 Pollution Prevention and Right-to-Know Information MAY 2011 Drug-Free Workplace MAY 2001 Affirmative Procurement of EPA-Designated Items in Service MAY 2008 and Construction Contracts Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving Restrictions on Certain Foreign Purchases JUN 2008 Contractor Personnel in a Designated Operational Area or MAR 2008 Supporting a Diplomatic or Consular Mission Outside the United States Authorization and Consent DEC 2007 Notice And Assistance Regarding Patent And Copyright DEC 2007 Infringement Patent Indemnity APR 1984 Refund Of Royalties APR 1984 Worker's Compensation Insurance (Defense Base Act) APR 1984 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 Federal, State, And Local Taxes (State and Local APR 2003 Adjustments) Taxes--Foreign Fixed-Price Contracts JUN 2003 Payments APR 1984 Discounts For Prompt Payment FEB 2002 Extras APR 1984 Limitation Of Cost APR 1984 Limitation Of Funds APR 1984 Assignment Of Claims JAN 1986 Assignment of Claims (Jan 1986) - Alternate I APR 1984 Prompt Payment OCT 2008 Payment by Electronic Funds Transfer--Central Contractor OCT 2003 Registration Disputes JUL 2002 Disputes (Jul 2002) - Alternate I DEC 1991 Protest After Award AUG 1996 Protest After Award (Aug 1996) - Alternate I JUN 1985 Applicable Law for Breach of Contract Claim OCT 2004 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation Continuity Of Services JAN 1991 Privacy or Security Safeguards AUG 1996 Notice of Intent to Disallow Costs APR 1984 Production Progress Reports APR 1991 M67854-12-D-7000 Page 47 of 68 52.242-3 52.242-13 52.243-1 52.243-1 Alt I 52.244-2 52.244-5 52.244-6 52.245-1 52.245-1 Alt I 52.245-9 52.246-25 52.247-63 52.248-1 52.249-2 Penalties for Unallowable Costs MAY 2001 Bankruptcy JUL 1995 Changes--Fixed Price AUG 1987 Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 Subcontracts OCT 2010 Competition In Subcontracting DEC 1996 Subcontracts for Commercial Items DEC 2010 Government Property AUG 2010 Government Property (Aug 2010) Alternate I AUG 2010 Use And Charges AUG 2010 Limitation Of Liability--Services FEB 1997 Preference For U.S. Flag Air Carriers JUN 2003 Value Engineering OCT 2010 Termination For Convenience Of The Government (FixedMAY 2004 Price) 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.250-1 Indemnification Under Public Law 85-804 APR 1984 52.250-1 Alt I Indemnification Under Public Law 85-804 (Apr 1984) APR 1984 Alternate I 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7003 Agency Office of the Inspector General DEC 2011 252.204-7000 Disclosure Of Information DEC 1991 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Export-Controlled Items APR 2010 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2012 252.227-7020 Rights In Special Works JUN 1995 252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 CLAUSES INCORPORATED BY FULL TEXT 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-- M67854-12-D-7000 Page 48 of 68 (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-(i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-(i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of clause) 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the M67854-12-D-7000 Page 49 of 68 number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2015. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days prior to the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 43 months. (End of clause) 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) ALTERNATE I (AUG 2007) (a) Definitions. As used in this clause-Coercion means-(1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Involuntary servitude includes a condition of servitude induced by means of-- M67854-12-D-7000 Page 50 of 68 (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. Severe forms of trafficking in persons means-(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not-(1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. (c) Contractor requirements. The Contractor shall-(1) Notify its employees of-(i) (A) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below: ---------------------------------------------------------------------------------------------------------------Document may be Document Title obtained from: Applies Performance to in/at: ----------------------------------------------------------------------------------------------------------------------------------------------..... ----------------------------------------------..... ------------------------------------------------------------------------------------------------------------------------------(Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the document applies.) (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. The Contractor shall inform the Contracting Officer immediately of— M67854-12-D-7000 Page 51 of 68 (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor subject to-(1) Required removal of a Contractor employee or employees from the performance of the contract; (2) Required subcontractor termination; (3) Suspension of contract payments; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. (End of clause) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond Dates identified in individual Delivery Orders. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Dates identified in individual Deliveyr Orders, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.243-7 NOTIFICATION OF CHANGES (APR 1984) (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. M67854-12-D-7000 Page 52 of 68 (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within FIVE (5) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-(1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-(i) What contract line items have been or may be affected by the alleged change; (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR. (d) Government response. The Contracting Officer shall promptly, within TEN (10) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; (2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or M67854-12-D-7000 Page 53 of 68 (4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. (e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-(i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof. (End of clause) 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006) (a) The Contractor shall submit to the address identified below, for prepayment audit, transportation documents on which the United States will assume freight charges that were paid-(1) By the Contractor under a cost-reimbursement contract; and (2) By a first-tier subcontractor under a cost-reimbursement subcontract thereunder. (b) Cost-reimbursement Contractors shall only submit for audit those bills of lading with freight shipment charges exceeding $100. Bills under $100 shall be retained on-site by the Contractor and made available for on-site audits. This exception only applies to freight shipment bills and is not intended to apply to bills and invoices for any other transportation services. (c) Contractors shall submit the above referenced transportation documents to----------------------------------------------------------------------------------[To be filled in by Contracting Officer] (End of clause) M67854-12-D-7000 Page 54 of 68 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far farsite.hill.af.mil/farsite.html www.acquisition.gov/far/index.html (End of clause) 252.216-7006 ORDERING (MAY 2011) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from _Date of award of the basic contract_ through _43 months after the award of the basic contract_. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of Clause) 252.225-7039 CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS (JUN 2012) (a) Definitions. Full cooperation-(i) Means disclosure to the Government of the information sufficient to identify the nature and extent of the incident and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' requests for documents and access to employees with information; M67854-12-D-7000 Page 55 of 68 (ii) Does not foreclose any Contractor rights arising in law, the FAR, the DFARS, or the terms of the contract. It does not require-(A) The Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (B) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney-client privilege or Fifth Amendment rights; and (C) Does not restrict the Contractor from-(1) Conducting an internal investigation; or (2) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Private security functions means the following activities engaged in by a contractor: (i) Guarding of personnel, facilities, designated sites, or property of a Federal agency, the contractor or subcontractor, or a third party. (ii) Any other activity for which personnel are required to carry weapons in the performance of their duties. (b) Requirements. The Contractor is required to-(1) Ensure that the Contractor and all employees of the Contractor who are responsible for performing private security functions under this contract comply with any orders, directives, and instructions to Contractors performing private security functions that are identified in the contract for-(i) Registering, processing, accounting for, managing, overseeing, and keeping appropriate records of personnel performing private security functions. This includes ensuring the issuance, maintenance, and return of Personal Identity Verification credentials in accordance with FAR 52.204-19, Personnel Identity Verification of Contractor Personnel, and DoD procedures, including revocation of any physical and/or logistical access (as defined by Homeland Security Presidential Directive (HSPD-12)) granted to such personnel; (ii) Authorizing and accounting for weapons to be carried by or available to be used by personnel performing private security functions; (A) All weapons must be registered in the Synchronized Predeployment Operational Tracker (SPOT) materiel tracking system. (B) In addition, all weapons that are Government-furnished property must be assigned a unique identifier in accordance with the clauses at DFARS 252.211-7003, Item Identification and Valuation, and DFARS 252.245.7001, Tagging, Labeling, and Marking of Government-Furnished Property, and physically marked in accordance with MIL-STD 130 (current version) and DoD directives and instructions. The items must be registered in the DoD Item Unique Identification (IUID) Registry (https://www.bpn.gov/iuid/); (iii) Registering and identifying armored vehicles, helicopters, and other military vehicles operated by Contractors performing private security functions; (A) All armored vehicles, helicopters, and other military vehicles must be registered in SPOT. (B) In addition, all armored vehicles, helicopters, and other military vehicles that are Government-furnished property must be assigned a unique identifier in accordance with the clauses at DFARS 252.211-7003 and DFARS 252.245.7001 and physically marked in accordance with MIL-STD 130 (current version) and DoD directives and M67854-12-D-7000 Page 56 of 68 instructions. The items must be registered in the DoD IUID Registry (https://www.bpn.gov/iuid/); and (iv) Reporting incidents in which-(A) A weapon is discharged by personnel performing private security functions; (B) Personnel performing private security functions are attacked, killed, or injured; (C) Persons are killed or injured or property is destroyed as a result of conduct by contractor personnel; (D) A weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or (E) Active, non-lethal countermeasures (other than the discharge of a weapon, including laser optical distracters, acoustic hailing devices, electromuscular TASER guns, blunt-trauma devices like rubber balls and sponge grenades, and a variety of other riot control agents and delivery systems) are employed by personnel performing private security functions in response to a perceived immediate threat; (2) Ensure that all employees of the Contractor who are responsible for personnel performing private security functions under this contract are briefed on and understand their obligation to comply with-(i) Qualification, training, screening (including, if applicable, thorough background checks), and security requirements established by DoDI 3020.50, Private Security Contractors Operating in Areas of Contingency Operations, Humanitarian or Peace Operations, or Other Military Operations or Exercises, at http://www.dtic.mil/whs/directives/corres/pdf; (ii) Applicable laws and regulations of the United States and the host country and applicable treaties and international agreements regarding performance of private security functions; (iii) Orders, directives, and instructions issued by the applicable commander of a combatant command relating to weapons, equipment, force protection, security, health, safety, or relations and interaction with locals; and (iv) Rules on the use of force issued by the applicable commander of a combatant command for personnel performing private security functions; and (3)Provide full cooperation with any Government-authorized investigation into incidents reported pursuant to paragraph (b)(1)(iv) of this clause and incidents of alleged misconduct by personnel performing private security functions by providing access to employees performing private security functions and relevant information in the possession of the Contractor regarding the incident concerned. (c) Remedies. In addition to other remedies available to the Government-(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including termination for default. Required Contractor actions include-(i) Ensuring the return of personal identity verification credentials; (ii) Ensuring the return of other equipment issued to the employee under the contract; and (iii) Revocation of any physical and/or logistical access granted to such personnel; M67854-12-D-7000 Page 57 of 68 (2) The Contractor's failure to comply with the requirements of this clause will be included in appropriate databases of past performance and may be considered in any responsibility determination or evaluation of past performance; (3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be considered in the evaluation of the Contractor's performance during the relevant evaluation period, and the Contracting Officer may treat such failure to comply as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period. (4) If the performance failures are significant, severe, prolonged, or repeated, the contracting officer shall refer the contractor to the appropriate suspension and debarment official. (d) Rule of construction. The duty of the Contractor to comply with the requirements of this clause shall not be reduced or diminished by the failure of a higher- or lower-tier Contractor to comply with the clause requirements or by a failure of the contracting activity to provide required oversight. (e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that will be performed outside the United States in areas of combat and other significant military operations designated by the Secretary of Defense, contingency operations, humanitarian or peacekeeping operations, or other military operations or exercises designated by the Combatant Commander. (End of clause) 252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (JUN 2011) (a) Definitions. As used in this clause--Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law. Subordinate joint force commander means a sub-unified commander or joint task force commander. (b) General. (1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in-(i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations or military exercises, when designated by the Combatant Commander. M67854-12-D-7000 Page 58 of 68 (2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians accompanying the U.S. Armed Forces. (i) Except as provided in paragraph (b)(3)(ii) of this clause, Contractor personnel are only authorized to use deadly force in self-defense. (ii) Contractor personnel performing security functions are also authorized to use deadly force when such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in their contract or with their job description and terms of employment. (iii) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause). (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support. (1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because-(A) The Contractor cannot obtain effective security services; (B) Effective security services are unavailable at a reasonable cost; or (C) Threat conditions necessitate security through military means. (ii) The Contracting Officer shall include in the contract the level of protection to be provided to Contractor personnel. (iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians. (2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the designated operational area are authorized to receive resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract. (3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract. (4) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, M67854-12-D-7000 Page 59 of 68 from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. (d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable-(i) United States, host country, and third country national laws; (ii) Provisions of the law of war, as well as any other applicable treaties and international agreements; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals. (2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause. (3) The Contractor shall ensure that contractor employees accompanying U.S. Armed Forces are aware-(i) Of the DoD definition of ``sexual assault'' in DoDD 6495.01, Sexual Assault Prevention and Response Program; (ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause); and (iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause). (e) Pre-deployment requirements. (1) The Contractor shall ensure that the following requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract. (i) All required security and background checks are complete and acceptable. (ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theaterspecific immunizations and/or medications not available to the general public. (iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to deploying personnel shall contain the access permissions allowed by the letter of authorization issued in accordance with paragraph (c)(4) of this clause. (iv) Special area, country, and theater clearance is obtained for personnel. Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship. (v) All personnel have received personal security training. At a minimum, the training shall-(A) Cover safety and security issues facing employees overseas; M67854-12-D-7000 Page 60 of 68 (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors. (vii) Personnel have received law of war training as follows: (A) Basic training is required for all Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The basic training will be provided through-(1) A military-run training center; or (2) A Web-based source, if specified in the contract or approved by the Contracting Officer. (B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract. (2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that-(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.); (ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and (iv) In time of declared war or a contingency operation, Contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10). (f) Processing and departure points. Deployed Contractor personnel shall-(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause; (2) Use the point of departure and transportation mode directed by the Contracting Officer; and (3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures. (g) Personnel data. (1) The Contractor shall enter before deployment and maintain data for all Contractor personnel that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause. M67854-12-D-7000 Page 61 of 68 The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, at http://www.dod.mil/bta/products/spot.html, to enter and maintain the data. (2) The Contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive this data card. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall-(i) Identify all personnel who are subject to military mobilization; (ii) Detail how the position would be filled if the individual were mobilized; and (iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential. (3) Contractor personnel shall report to the Combatant Commander or a designee, or through other channels such as the military police, a judge advocate, or an inspector general, any suspected or alleged conduct for which there is credible information that such conduct-(i) Constitutes violation of the law of war; or (ii) Occurred during any other military operations and would constitute a violation of the law of war if it occurred during an armed conflict. (i) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must-(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and (ii) Carry the written authorization with them at all times. (2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel. (4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer. (j) Weapons. M67854-12-D-7000 Page 62 of 68 (1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, paragraph 6.3.4.1 or, if the contract is for security services, paragraph 6.3.5.3. The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed. (2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons-(i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons and ammunition to specified employees; or (ii) Contractor is not authorized to carry weapons. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons-(i) Are adequately trained to carry and use them-(A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition. (4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (5) Upon redeployment or revocation by the Combatant Commander of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer. (k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area. (l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer. (m) Evacuation. (1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national Contractor personnel. (2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract. (n) Next of kin notification and personnel recovery. M67854-12-D-7000 Page 63 of 68 (1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted. (2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense. (o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in-(1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or military exercises, when designated by the Combatant Commander. (End of clause) 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION2012-O0005)(JAN 2012) (a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation. (b) The Head of the Contracting Activity (HCA) has the authority to— (1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or (2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation. (End of clause) 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012-O0005)(JAN 2012) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not— (1) Subject to extortion or corruption; or M67854-12-D-7000 Page 64 of 68 (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this Contract that have an estimated value over $100,000. (End of clause) 252.225-7997 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-O0014)(AUGUST 2010) (a) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (c) below, any alleged offenses under— (1) The Uniform Code of Military Justice (chapter 47 of title 10, United States code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or a contingency operation); or (2) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code). (b) The Contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following: (1) How and where to report an alleged crime described in paragraph (a) of this clause. (2) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (a) of this clause. (c) The appropriate investigative authorities to which suspected crimes shall be reported include the following officials-(i) US Army Criminal Investigative Division at http://www.cid.army mil/reportacrime html; (ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522; (iii) Navy Criminal Investigative Service at http://www ncis.navy mil/Pages/publicdefault.aspx; or (iv) To the command of any supported military element or the command of any base. (d) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at (800) 424-9098 or www.dodig.mil/HOTLINE/index html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office. (End of clause) 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) M67854-12-D-7000 Page 65 of 68 (a) Definitions. As used in this clause-Indian means-(1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c); and (2) Any ``Native'' as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Indian organization means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C. chapter 17. Indian-owned economic enterprise means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 percent of the enterprise. Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c). Interested party means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract. Native Hawaiian small business concern means an entity that is-(1) A small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632) and relevant implementing regulations; and (2) Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9). (b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with efficient performance of the contract. (c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to question that status. (d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to-(1) For matters relating to Indian organizations or Indian-owned economic enterprises: U.S. Department of the Interior, Bureau of Indian Affairs, Attn: Chief, Division of Contracting and Grants Administration, 1849 C Street NW, MS-2626-MIB, Washington, DC 20240-4000. The BIA will determine the eligibility and will notify the Contracting Officer. (2) For matters relating to Native Hawaiian small business concerns: Department of Hawaiian Home Lands, PO Box 1879, Honolulu, HI 96805. The Department of Hawaiian Home Lands will determine the eligibility and will notify the Contracting Officer. (e) No incentive payment will be made-- M67854-12-D-7000 Page 66 of 68 (1) While a challenge is pending; or (2) If a subcontractor is determined to be an ineligible participant. (f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance with this clause. (2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or fixed price included in the subcontract at the time of award to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (3) In the case of a subcontract for commercial items, the Contractor may receive an incentive payment only if the subcontracted items are produced or manufactured in whole or in part by an Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (4) The Contractor has the burden of proving the amount claimed and shall assert its request for an incentive payment prior to completion of contract performance. (5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract awarded to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business concern. (6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay the subcontractor the incentive amount. (g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000. (End of clause) M67854-12-D-7000 Page 67 of 68 Section J - List of Documents, Exhibits and Other Attachments ATTACHMENTS AND EXHIBITS Exhibits: Exhibit A - CONTRACT DATA REQUIREMENTS LIST (CDRL) ITEMS A001, A002, A003, A004, A005, A006, A007, Pre-Deployment Checklist Personnel Status Report Deployment Schedule After Action Report Financial Status Report Production Report SF-86 and SF-86C Attachments: Attachment 1, List of Government Property Attachment 2, DD Form 254 (DoD Contract Security Classification Specification) Page Attachments to the Statement of Work (SOW) in Section C: SOW Attachment 1, Minimum Skills Matrix SOW Attachment 2, Sample Schedule - Sample Schedule SOW Attachment 3, Deployment Documents 22 23 23 EQUIPMENT IN GOVERNMENT SPACES Attachment 1 – Government Property The government will provide access to a Marine Processing Exploitation and Dissemination (MPED) system and other hardware and software required to accomplish the tasks defined in this SOW. The following is the list of Government Property provided in this contract. Model Precision WorkStation R5400 Precision WorkStation R5400 Precision WorkStation R5400 Precision WorkStation R5400 Precision WorkStation R5400 PowerEdge 180AS RU-943 Catalyst 3750-E PowerEdge R710 PowerEdge R710 PowerEdge R710 PowerEdge R710 PowerEdge R710 PowerVault MD3000i Description Exploitation Workstation Exploitation Workstation Exploitation Workstation Exploitation Workstation Exploitation Workstation KVM Switch KMM Pullout Cisco Switch MAAS Server MAAS Server MAAS Server MAAS Server MAAS Server MAAS SAN SN#/Service Tag 9WS6VK1 8WS6VK1 CWS6VK1 BWS6VK1 6WS6VK1 379MXH1 SN A0K9 FD01342176X 5JQ4KN1 5JS5KN1 5JR4KN1 5JR3KN1 5JR5KN1 8QGNHL1 M67854-12-D-7000 Page 68 of 68 Model PowerVault MD3000i PowerVault MD3000i PowerConnect 5424 (24 Port Switch) PowerConnect 5424 (24 Port Switch) FX-100 FX-100 FX-100 FX-100 FX-100 B26-00002 B26-00002 B26-00002 D66-00069 LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi LCD 2190uXi Description MAAS SAN MAAS SAN iSCSI Right Switch iSCSI Left Switch FX100 model DITTC10 Exploit-01 FX100 model DITTC10 Exploit-02 FX100 model DITTC10 Exploit-03 FX100 model DITTC10 Exploit-04 FX100 model DITTC10 Exploit-05 Exploit Workstations keyboards Exploit Workstations keyboards Exploit Workstations keyboards Exploit Workstations mice (2) Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors Exploit Workstations Monitors SN#/Service Tag 7H16WH1 7T5PJL1 61TGFH1 HDYW7F1 412MQJ1 CN3T1G1 CF1RJN1 C22MQJ1 BC1RJN1 7691406509114 7691406503388 7691406503387 P/N X802382 96423727YA 87415712YA 89416797YA 97425430YA 97424327YA 96424027YA 96424025YA 96424024YA 97425350YA CONTRACTID CODE PAGE OF PAGES AMENDMENT OF OF CONTRACT 1 2 2 N0 3 EFFECTIVE DATE 4 REQ N0 5 PROJECTNO (Ifapplicable) P00001 10-Jan-2013 6 ISSUED BY CODE M37354 7 ADMINISTERED BY (Ifother than itan6) CODE I S2404A DCMA 10500 SUITE 210 STREET MANASSAS VA 201092342 300- QUANTICO VA 2134 - 8. NAME AND ADDRESS OF CONTRACTOR (No. Street. County, State and Zip Code) 9A- AMENDMENT OF SOLICITATION N0- PORTAL DYNAMICS, NC. (6) 5845 RICHMOND HWY STE (m 9B. DAT ED (SEE ITEM 11) ALEXANDRIA VA 223031856 10A. MOD. OF NO. IOB. DATED (SSE ITEM 13) CODE 1UHKO IFACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS 0F SOLICITATIONS DT?he above nunbered solicitation is mnded as set ?rth in Item 1 4 The hour and date speci?ed ?r receipt ofO?r is extended, is not extended O?r imst acknowledge receipt of this prior to the hour and date speci?ed in the solicitation or as by one ofthe bllowing mthods: By completing Items 8 and 15, and returning copies of the amdmt; By acknowledging receipt ofthis on each copy ofthe 0B subna'tted; or By separate letter or telegramwhich includes a re?rence to the solicitation and numbers FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIORTO THE HOUR AND DATE SPECIFIED MAY RESULTIN 0F YOUROFFER Ifby virtue ofthis you desire to change an 0B already subnitted, such change nny be made by telegramor letter, provided each telegramor letter mikes re?rence to the solicitation and this and is received prior to the opening hour and date speci?ed 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS IT EM APPLIES ONLY T0 MODIFICATIONS 0F CONT RACT IT MODIFIES THE CONTRACT NO. AS 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. 1N ITEM 10A. B. THE ABOVE NUMBERED CONTRACT IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying of?ce, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: Mitual Agreement of the Parties D. OTHER (Stecify type of modi?cation and authority) E. IMPORTANT: Contractor is not, is required to sign this document and retirn 1 copies to the issuing of?ce. 14. DESCRIPTION OF AMENDMENT MODIFICATION (Organized by UCF section headings. including solicitation/contract subject matter Where feasible.) Modi?cation Control Number: cenos131081 The purpose of this modification is to delete FAR Clauses 52.250-1 "hdemnification Under Pubic Law 85-804" and 52.250-1 Alt "hdermification Under Public Law 85804". Except as provided herein, all terns and conditions ofthe documt re?renced in Item9A or 10A. as hereto?re changed, rear-ins unchanged and in 5111 farce and e?ct 15A NAME AND TITLE OF SGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) CHRIS SDECIAUST (703)432-4210 15B. CONTRACT 15C. DATE 163. UNITED STATES OF AMERICA 16C. DATE SIGNED BY 10-Jan?201 3 (Sgnature of person authorized to sigl) (Signature of Contracting Of?cer) EXCEPTION TO SF 30 30-105-04 STANDARD FORM 30 (Rev. 10-83) APPROVED BY OIRM l?84 prescribed by GSA FAR (48 CFR) 53.243 M67854-12-D-7000 P00001 Page 2 of 2 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION I - CONTRACT CLAUSES The following have been deleted: 52.250-1 52.250-1 Alt I Indemnification Under Public Law 85-804 Indemnification Under Public Law 85-804 (Apr 1984) Alternate I (End of Summary of Changes) APR 1984 APR 1984 1. CONTRACT ID CODE AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 2. AMENDMENT/MODIFICATION NO. 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE P00002 PAGE OF P AGES S 1 2 5. P ROJECT NO.(If applicable) 12-Feb-2013 6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) M67854 MARCORSYSCOM 2200 LESTER STREET QUANTICO VA 22134 8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) TRANSVOYANT, LLC. 5845 RICHMOND HWY STE 600 ALEXANDRIA VA 22303-1868 S2404A CODE DCMA MANASSAS 10500 BATTLEVIEW PKWY, SUITE 200 MANASSAS VA 20109-2342 SCD: B 9A. AMENDMENT OF SOLICIT AT ION NO. 9B. DATED (SEE IT EM 11) MOD. OF CONTRACT/ORDER NO. X 10A. M67854-12-D-7000 CODE 10B. DAT ED (SEE ITEM 13) X 20-Sep-2012 FACILIT Y CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICIT AT IONS 1UHK0 The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer 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. ACCOUNT ING AND APPROPRIATION DATA (If required) 13. T HIS IT EM APPLIES ONLY TO MODIFICATIONS OF CONT RACT S/ORDERS. IT MODIFIES T HE CONT RACT /ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT T O: (Specify authority) THE CHANGES SET FORT H IN ITEM 14 ARE MADE IN T HE CONT RACT ORDER NO. IN ITEM 10A. X B. THE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED TO REFLECT T HE ADMINISTRAT IVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN IT EM 14, PURSUANT T O T HE AUT HORIT Y OF FAR 43.103(B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUT HORIT Y OF: D. OT HER (Specify type of modification and authority) E. IMPORT ANT: Contractor X is not, is required to sign this document and return copies to the issuing office. 14. DESCRIPT ION OF AMENDMENT /MODIFICAT ION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Modification Control Number: cenos132804 The purpose of this modification is to document the Contractor's name change from Portal Dynamics, Inc. to TransVoyant, LLC (made by ACO modification ARZ999 on 12 February 2013). 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) 16A. NAME AND T ITLE OF CONTRACTING OFFICER (Type or print) CHRIS ENOS / CONTRACT SPECIALIST TEL: (703) 432-4200 15B. CONT RACT OR/OFFEROR 15C. DATE SIGNED 16B. UNIT ED ST AT ES OF AMERICA BY (Signature of person authorized to sign) EXCEPTION T O SF 30 APPROVED BY OIRM 11-84 EMAIL: chris.enos@usmc.mil 16C. DAT E SIGNED 21-May-2013 (Signature of Contracting Officer) 30-105-04 ST ANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243 M67854-12-D-7000 P00002 Page 2 of 2 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION A - SOLICITATION/CONTRACT FORM The contractor organization has changed from PORTAL DYNAMICS, INC. WAYNE CHESLEY 5845 RICHMOND HWY STE 600 ALEXANDRIA VA 22303-1868 to TRANSVOYANT, LLC. 5845 RICHMOND HWY STE 600 ALEXANDRIA VA 22303-1868 (End of Summary of Changes) 1. CONTRACT ID CODE AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 2. AMENDMENT/MODIFICATION NO. 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE P00003 PAGE OF P AGES S 1 20 5. P ROJECT NO.(If applicable) 14-Mar-2014 6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) M67854 MARCORSYSCOM CT027 ATTN: CHARISSE JAMES 2200 LESTER STREET QUANTICO VA 22134-6050 S2404A CODE DCMA MANASSAS 10500 BATTLEVIEW PKWY, SUITE 200 MANASSAS VA 20109-2342 SCD: B 9A. AMENDMENT OF SOLICIT AT ION NO. 8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) TRANSVOYANT, LLC. 5845 RICHMOND HWY STE 600 ALEXANDRIA VA 22303-1868 9B. DATED (SEE IT EM 11) MOD. OF CONTRACT/ORDER NO. X 10A. M67854-12-D-7000 CODE 10B. DAT ED (SEE ITEM 13) X 20-Sep-2012 FACILIT Y CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICIT AT IONS 1UHK0 The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer 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. ACCOUNT ING AND APPROPRIATION DATA (If required) 13. T HIS IT EM APPLIES ONLY TO MODIFICATIONS OF CONT RACT S/ORDERS. IT MODIFIES T HE CONT RACT /ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT T O: (Specify authority) THE CHANGES SET FORT H IN ITEM 14 ARE MADE IN T HE CONT RACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED TO REFLECT T HE ADMINISTRAT IVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN IT EM 14, PURSUANT T O T HE AUT HORIT Y OF FAR 43.103(B). X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUT HORIT Y OF: MUTUAL AGREEMENT OF THE PARTIES D. OT HER (Specify type of modification and authority) E. IMPORT ANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office. 14. DESCRIPT ION OF AMENDMENT /MODIFICAT ION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Modification Control Number: jamesc141299 The purpose of this modification is to revise Section H, Special Contract Requirements, and Section I, Contract Clauses to comply w ith the required Theater Business Clearance clauses for Afghanistan and revise the Travel CLIN description. As a result of this modification, there is no change in contract price. All other terms and conditions remain unchanged. 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) 16A. NAME AND T ITLE OF CONTRACTING OFFICER (Type or print) CHRIS ENOS / CONTRACT SPECIALIST TEL: (703) 432-4200 15B. CONT RACT OR/OFFEROR 15C. DATE SIGNED 16B. UNIT ED ST AT ES OF AMERICA BY (Signature of person authorized to sign) EXCEPTION T O SF 30 APPROVED BY OIRM 11-84 EMAIL: chris.enos@usmc.mil 16C. DAT E SIGNED 14-Mar-2014 (Signature of Contracting Officer) 30-105-04 ST ANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243 M67854-12-D-7000 P00003 Page 2 of 20 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION B - SUPPLIES OR SERVICES AND PRICES CLIN 0005 The CLIN description has changed from Travel Between CONUS and Kuwait/Qatar to Travel. The CLIN extended description has changed from COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed. Covers the cost of Coach Class Commercial Airfare from the CONUS point of departure to the CENTCOM AOR and returning to the Deployment Processing Command (DPC) IAW Paragraph 4.5.3 of the Statement of Work. to COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed.. CLIN 0105 The CLIN description has changed from Travel Between CONUS and Kuwait/Qatar to Travel. The CLIN extended description has changed from COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed. Covers the cost of Coach Class Commercial Airfare from the CONUS point of departure to the CENTCOM AOR and returning to the Deployment Processing Command (DPC) IAW Paragraph 4.5.3 of the Statement of Work. to COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed.. CLIN 0205 The CLIN description has changed from Travel Between CONUS and Kuwait/Qatar to Travel. The CLIN extended description has changed from COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed. Covers the cost of Coach Class Commercial Airfare from the CONUS point of departure to the CENTCOM AOR and returning to the Deployment Processing Command (DPC) IAW Paragraph 4.5.3 of the Statement of Work. to COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed.. CLIN 0305 The CLIN description has changed from Travel Between CONUS and Kuwait/Qatar to Travel. The CLIN extended description has changed from COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed. Covers the cost of Coach Class Commercial Airfare from the CONUS point of departure to the CENTCOM AOR and returning to the Deployment Processing Command (DPC) IAW Paragraph 4.5.3 of the Statement of Work. to COST REIMBURSABLE - NO FEE. General and Administrative cost, in accordance with the company's disclosure statement, are allowed.. SECTION H - SPECIAL CONTRACT REQUIREMENTS M67854-12-D-7000 P00003 Page 3 of 20 The following have been modified: SPECIAL CONTRACT REQUIREMENTS H-1 CONTRACTING OFFICER’S REPRESENTATIVE The Contracting Officer’s Representative is: NAME: MSgt Michael A. Kirkland EMAIL: michael.a.kirkland1@usmc.mil Inspection and Acceptance of contract deliverables are the responsibility of the Contracting Officer’s Representative (COR), except as otherwise specified in the contract, under the inspection and acceptance clause or DD Form 1423, when applicable. Moreover, the COR serves in a supporting role to the Contracting Officer, providing advice and expertise on technical issues. However, only the Contracting Officer has the authority to authorize deviations from the terms and conditions of this contract, including deviations from specification requirements. In the event the contractor does deviate without written approval of the Contracting Officer, such deviation shall be at the risk of, and any costs relating thereto shall be borne by, the Contractor. H-2 CONSTRUCTIVE CHANGE ORDERS H-2.1. No order, statement, or conduct of Government personnel who might visit the Contractor’s facility or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. H-2.2. No understanding, agreement, change order, or other matter deviating from or constituting an alteration or change to the terms of this contract shall be effective or binding upon the Government unless formalized by a contract modification executed by the Contracting Officer. H-2.3. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in the contract, the said authority remains solely with the Contracting Officer. In the event that the Contractor effects any change(s) at the direction of any person other than the Contracting Officer, these change(s) will be at the Contractor’s expense. Except for a credit to the Government, no adjustment shall be made in the contract price or other contract terms and conditions, as the Contracting Officer did not approve consideration for the aforementioned unauthorized change. Further, should the unauthorized change be to the Government’s detriment, the Contractor may be held financially responsible for its correction. H-3 RESPONSIBILITY IN SUBCONTRACTING The Contractor will be fully responsible for assuring that all appropriate contractual provisions and clauses are passed down to its subcontractors, if any, and that those provisions are enforced. H-4 ORGANIZATIONAL CONFLICT OF INTEREST H-4.1. The term “Organizational Conflict of Interest” means the following: (1) Because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government; (2) or the person’s objectivity in performing the contract work is or might be otherwise impaired; (3) or a person has an unfair competitive advantage. See FAR Part 9, Subpart 9.5. H-4.2. The Contractor warrants that, to the best of its knowledge and belief, it does not have any organizational conflict of interest, as defined in FAR Part 9, Subpart 9.5. H-4.3. The Contractor agrees that, if in the performance of this contract it discovers a potential organizational conflict of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the action(s) that the Contractor has taken or proposed to take to avoid, eliminate, or neutralize the conflicts. In the event that the contractor does not disclose a known potential conflict to the Contracting Officer, the Government may terminate the contract for default. M67854-12-D-7000 P00003 Page 4 of 20 H-4.4. If the Contractor is directed by authorized Government personnel (e.g., by written task or verbal directions in a Program review or otherwise) to perform services, in which, the Contractor believes constitute a potential organizational conflict of interest; the Contractor shall notify the Contracting Officer in writing. This written notification shall include the nature of the conflict of interest, and shall be submitted to the Contracting Officer within ten (10) days after receipt of the Government directive. The Contractor shall not expend any effort towards the performance of the services in question until this determination has been made or unless otherwise directed by the Contracting Officer. H-5 COPYRIGHT RELEASE Pursuant to DFARS 252.227-7013, the contractor grants or shall obtain for the Government a royalty free, worldwide, nonexclusive, irrevocable copyright license for all copyrighted information. Moreover, the contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted data in the technical data to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in the deliverable data of the appropriate scope set forth in DFARS 252.227-7013, and has affixed a statement of the license or licenses obtained on behalf of the Government and other persons to the data transmittal document. The contractor shall furnish appropriate copyright release giving the Government permission to reproduce and use copyrighted information. When the contractor uses a manual, which covers a vendor's component(s) or a portion thereof, and the vendor's manual contains copyrighted material, the contractor shall be responsible for obtaining a copyright release from the vendor and providing the copyright release to the Government. H-6 952.222-0001 – PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (AUG 2011) (a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person. (b) Contractors are also required to comply with the following provisions: (1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes. (2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language, that defines the terms of their employment/compensation. (3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees. (4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor’s written request, Contracting Officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process. (6) Contractors shall comply with International and Host Nation laws regarding transit/exit/ entry procedures and the requirements for visas and work permits. (c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports. M67854-12-D-7000 P00003 Page 5 of 20 (d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. (End of Clause) H-7 952.223-0001 – REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS (AUG 2011) Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur. Report the following information: Contract Number Contract Description & Location Company Name Reporting party: Name Phone number e-mail address Victim: Name Gender (Male/Female) Age Nationality Country of permanent residence Incident: Description Location Date and time Other Pertinent Information (End of Clause) H-8 952.225-0003 – FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (DEC 2011) (a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy for multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15 months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations. (b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protective’s and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of M67854-12-D-7000 P00003 Page 6 of 20 coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 10 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and shortterm medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medicallyrelated services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website: http://comptroller.defense.gov/rates/fy2012.html (change fiscal year as applicable). (End of Clause) H-9 952.225-0004 – COMPLIANCE WITH LAWS AND REGULATIONS (DEC 2011) (a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives. (b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault. (1) Afghanistan – Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures. (2) Iraq – Contractor employees are not subject to General Order 1. Contractor employees will follow the policies or directives of the Office of Security Cooperation-Iraq (OSC-I) Installation Managers or Chief of Mission policies and directives regarding consumption of alcohol or any prohibited items for sites that they are assigned. (c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee. M67854-12-D-7000 P00003 Page 7 of 20 (d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements. (e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation. (f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan). (End of Clause) H-10 952.225-0005 – MONTHLY CONTRACTOR CENSUS REPORTING (AUG 2011) Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month. The following information shall be provided for each province in which work was performed: (1) (2) (3) (4) (5) (6) The total number (prime and subcontractors at all tiers) employees. The total number (prime and subcontractors at all tiers) of U.S. citizens. The total number (prime and subcontractors at all tiers) of local nationals (LN). The total number (prime and subcontractors at all tiers) of third-country nationals (TCN). Name of province in which the work was performed. The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2011-O0004. (End of Clause) H-11 952.225-0009 – MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR) (DEC 2011) (a) Contractors and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working on bases have been screened for and do not currently have active tuberculosis (TB). (1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country of a contracted employee. (i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur. M67854-12-D-7000 P00003 Page 8 of 20 (A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST. They need the pre-employment screening with a quality CXR, BMI and symptom survey. (B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST. (ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractor’s medical provider or local economy provider who will look for interval changes from prior CXR’s and review any changes in the symptom survey. (iii) SRN’s do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required. (iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI, and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVAC’d out of theater, at the contractor’s expense, for treatment of active TB, after consultation with the Theater PM or TB Consultant. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions. (v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors’ licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request. (2) TB screening and documentation is a requirement prior to receiving badges to work in the CENTCOM Area of Operations. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center prior to issuance of base access badges. (b) Contractor employees, including subcontractors at any tier, who work in food service positions and/or water and ice production facilities, shall have current Typhoid and Hepatitis “A” (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers. (c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees’ vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees’ vaccination records for examination by the Contracting Officer. (d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening/diagnosis/treatment/isolation) is available at the contractor’s chosen health care provider for their contracted and subcontracted personnel. NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation as Supplemented, and FRAGO’s) as applicable regarding Medical Screening and Vaccination Requirements. (End of Clause) H-12 952.225-0011 – GOVERNMENT FURNISHED CONTRACTOR SUPPORT (MAY 2012) The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence. M67854-12-D-7000 P00003 Page 9 of 20 The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence. These services are only provided at the following locations: (Contracting officer must enter the names of the operating locations of the contract that the requiring activity has properly coordinated with the respective Forward Operating Base (FOB) Mayor). When contractor employees are in transit all checked blocks are considered authorized. U.S. Citizens APO/FPO/MPO/DPO/ Postal Services Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized Embassy Clinic–Afghanistan** DFACs Mil Issue Equip Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Embassy Housing, Meals** Embassy Air** MILAIR MWR Resuscitative Care Transportation All None Third-Country National (TCN) Employees N/A Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized DFACs Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Mil Issue Equip MILAIR MWR Resuscitative Care Transportation All None Local National (LN) Employees N/A Authorized Weapon Billeting CAAF* Controlled Access Card (CAC) Badge Commissary Dependents Authorized DFACs Excess Baggage Fuel Authorized Govt Furnished Meals Military Banking Military Clothing Military Exchange Mil Issue Equip MILAIR MWR Resuscitative Care Transportation All None * CAAF means Contractors Authorized to Accompany Forces. ** Applies to US Embassy Life Support in Afghanistan SPECIAL NOTE – US Embassy Afghanistan Life Support: The type and amount of support that the U.S. Embassy Mission in Kabul, Afghanistan, provides to contractors, if any, must be coordinated in advance between the U.S. Mission and the contracting agency in accordance with Department of State Foreign Affairs Handbook, 2-FAH-2. Contractors are not authorized to deploy personnel requiring US Mission support prior to receiving clearance from the contracting officer. (End of Clause) H-13 252.225-7997 CONTRACTOR DEMOBILIZATION (DEVIATION 2013-O0017) (AUGUST 2013) M67854-12-D-7000 P00003 Page 10 of 20 (a) Generally, the Contractor is responsible for demobilizing all of its personnel and equipment from the Afghanistan Combined Joint Operations Area (CJOA). (b) Demobilization plan. The Contractor shall submit a demobilization plan to the Contracting Officer for approval a minimum of 120 calendar days prior to the end of the current contract performance period or as otherwise directed by the Contracting Officer. Upon acceptance of the demobilization plan by the Contracting Officer, the demobilization plan becomes a material part of the contract and the Contractor agrees to fully perform its demobilization in accordance with that plan. The demobilization plan shall address the items specified in this clause and must demonstrate the Contractor’s plans and ability to remove its personnel and equipment from the CJOA and to return Government property no later than 30 days after the expiration of the current period of performance. (c) Demobilization plan implementation. Every 30 calendar days after incorporation of the plan into the contract, or as otherwise directed by the Contracting Officer, the Contractor shall provide written information to the Contracting Officer and Contracting Officer Representative that addresses the Contractor’s progress in implementing the plan. The Contractor shall continue to provide the information in the preceding sentence until the Contractor has completely and properly demobilized. If the Contracting Officer or Contracting Officer Representative identifies deficiencies with the plan, as approved, or with the implementation of that plan, the Contractor shall submit a corrective action plan (CAP) to those officials within five calendar days to remedy those deficiencies. The Contracting Officer shall review the CAP within five calendar days to determine whether the CAP is acceptable. Upon approval by the Contracting Officer, the CAP becomes a material part of the demobilization plan. (d) Plan contents (1) The plan shall identify the method of transportation (air, ground) the Contractor intends to use to remove its personnel and equipment from the CJOA and whether that method of transportation is Government or Contractorfurnished. If Government-furnished transportation is authorized, the plan must identify the contract term or condition which authorizes Government transportation of the personnel and equipment associated with this contract. (2) The plan shall identify the number of Contractor personnel to be demobilized by category (U.S. citizens, Third Country Nationals (TCN), Local Nationals (LN)) and, for U.S. and TCN personnel, identify the point of origin or home country to which they will be transported and the timeline for accomplishing that objective. If U.S. or TCN employees have authorization to remain in the CJOA after completion of demobilization, the plan shall identify the name each individual, their nationality, their location in the CJOA, and provide a copy of the authorization. The plan shall also identify whether the Contractor needs the Contracting Officer to extend the Letters of Authorization (LOA) for any Contractor personnel to execute the demobilization plan. (3) The plan shall identify all Contractor equipment and the timeline for accomplishing its demobilization. The Contractor shall identify all equipment, whether or not it is covered by CJTSCC Acquisition Instruction Clause “Inbound / Outbound Cargo and Contractor Equipment Census.” The plan shall also specify whether the Contractor intends to leave any equipment in the CJOA, a list of all such equipment, including its location, and the reason(s) therefor. (4) The plan shall identify all Government property provided or made available to the Contractor under this contract or through any separate agreement or arrangement (e.g., Installation Mayors, Garrison Commanders). The plan shall also identify the timeline for vacating or returning that property to the Government, including proposed dates for conducting joint inspections. (e) Demobilization requirements: (1) The Contractor shall demobilize and return its personnel to their point of origin or home country according to the approved demobilization plan. (2) The Contractor is not authorized to use Government-furnished transportation unless specifically authorized in this contract. M67854-12-D-7000 P00003 Page 11 of 20 (3) The Contractor may request an extension of the LOAs only for those Contractor personnel whose presence is required to execute the approved demobilization plan. The Contractor shall submit its request no later than 30 calendar days prior to the expiration of the current period of performance. LOAs may only be extended for a period up to 30 calendar days after expiration of the current performance period. The request shall contain the following information: (i) The names of each individual requiring an extension. (ii) The required extension period. (iii) The justification for each extension (e.g., the specific function(s) the individual will perform during the demobilization period). The Contractor is not entitled to any additional compensation if LOAs are extended. (4) The Contractor shall close out their employees deployments with the proper status entered into the Synchronized Pre-Deployment Operational Tracker (SPOT) database (e.g. active, redeployed, no-shows, killed, injured) within 72 hours of their employee’s re-deployment and, if applicable, release their personnel in SPOT. (5) All Contractor equipment that is lost, abandoned or unclaimed personal property that comes into the custody or control of the Government after the demobilization period has ended may be sold or otherwise disposed of in accordance with 10 U.S.C. section 2575. Notwithstanding the previous sentence and the Government’s authority under 10 U.S.C. section 2575, the Government may exercise any other contractual rights for the Contractor’s failure to perform in accordance with its demobilization plan. (6) If the Contractor waives its interest to all lost, abandoned or unclaimed personal property, the Contractor may still be liable for all costs incurred by the Government to remove or dispose of the abandoned property. (7) The Government may dispose of any and all lost, unclaimed, or abandoned personal property in accordance with 10 U.S.C. section 2575. (8) The Contractor shall return all Government property provided or made available under this contract or through any separate agreement. The Contractor shall report all lost or damaged Government property in accordance with DFARS 52.245-1(h) unless other procedures are identified in the contract or separate agreement. If the Government inspects the property and finds that damages or deficiencies have not been reported by the end of the demobilization period, the Government may reduce payments under the contract by the amounts required to correct the damages or deficiencies or replace the loss. (9) The Contractor is liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the Government in returning a Government facility to its original condition. If damages or deficiencies are discovered during the inspection of said facility, the Contractor shall make the necessary repairs or corrections and then notify the Installation Mayor, Garrison Commander, or their designees to arrange for a re-inspection of the facility. If the Installation Mayor or Garrison Commander inspects the facility and finds that damages or deficiencies have not been repaired or corrected by the end of the demobilization period, the Government may reduce payments under the contract by the amounts required to correct the damages or deficiencies. (10) The Contractor shall ensure that all employees, including all subcontractor employees at all tiers, return installation and/or access badges to the local Access Control Badging Office for de-activation and destruction according to the approved demobilization plan. The Contractor shall submit a Badge Termination Report to ensure each record is flagged and the badge is revoked. If an employee’s badge is not returned, the Contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon redeployment through a CONUS Replacement Center in the United States. Failure to comply with these requirements may result in delay of final payment. M67854-12-D-7000 P00003 Page 12 of 20 (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. (End of Clause) H-14 952.225-0020 – CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (AFGHANISTAN) (AUG 2011) (a) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the contractor accepts the risks associated with required contract performance in such operations. (1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Afghanistan for the sole purposes of performance of work on a USG contract must be accounted for at all times by their respective employers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of each of its employees’ living quarters a minimum of once a month. If a DoD contracted employee becomes missing and evidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such an event will be treated as an accountability battle drill by the employer’s chain of command or civilian equivalent. (2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in this process, contractors may use the Contracting Fusion Cell as a resource to track or research employee’s last known location and/or to view LOA’s. All missing personnel will be immediately reported to the installation division Personnel Recovery Officer (PRO), Mayor’s cell, Military Police Station and/or the Criminal Investigative Division, and the Base Defense Operations Center (BDOC). (3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the USD PRO (or USFOR-A Personnel Recovery Division (PRD) with prior coordination) will attempt to validate the missing person’s identity through the employer. The contractor shall provide the information to PRD within 12 hours of request. The required information the contractor should keep on file includes but is not limited to: copy of the individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational Tracker System (SPOT), copy of passport and visas, housing information of where the individual resides such as room number and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for known friends or associates. (b) If USFOR-A PRD determines through investigation that the unaccounted personnel have voluntarily left the installation either seeking employment with another contractor or other non-mission related reasons, PRD will notify the contractor. The contractor shall ensure that all government-related documents such as LOA’s, visas, etc. are terminated/reconciled appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) of C-JTSCC Clause 952.225-0016 entitled “Contractor Demobilization (Afghanistan)”. Contractors who fail to account for their personnel or whose employees create PR events will be held in breach of their contract and face all remedies available to the Contracting Officer. (End of Clause) H-15 952.225-0022 – VISIBILITY OF INBOUND/OUTBOUND CARGO AND CONTRACTOR EQUIPMENT CENSUS (AFGHANISTAN) (APR 2012) a. Movement and coordination of inbound and outbound cargo in Afghanistan is critical to ensuring an effective drawdown. The contractor shall provide visibility of their inbound cargo and equipment via the Synchronized Predeployment Operational Tracker (SPOT) census for their contract. This requirement includes the prime and subcontractor’s at all tiers cargo and equipment. The contractor shall report any individual piece of equipment valued at $50,000 or more. Incoming cargo and equipment census data shall be input 30 days prior to start of performance or delivery of supplies and quarterly thereafter for inbound and outbound equipment. b. This reporting is required on Rolling Stock (RS), Non Rolling Stock (RNRS), and Twenty foot Equivalent Units (TEU). The following definitions apply to these equipment/cargo categories: M67854-12-D-7000 P00003 Page 13 of 20 (1) Rolling Stock (RS): All equipment with wheels or tracks, that is self-propelled, or is un-powered and can be towed by a vehicle on a roadway. Also includes standard trailer mounted equipment such as generators, water purification equipment, and other support equipment with permanent wheels. Specific examples of R/S include Wheeled Armored Vehicles (WAVS), Mine-Resistant AmbushProtected (MRAP) family of vehicles (FOVS), and Highly Mobile Multipurpose Wheeled Vehicles (HMMWVS). (2) Non Rolling Stock (RNRS): All equipment that is not classified as Rolling Stock. Includes equipment that is not trailer-mounted or originally designed to be driven or towed over a roadway. (3) Twenty foot Equivalent Units (TEU): Standard unit for describing a ship’s cargo capacity, or a shipping terminal’s cargo handling capacity. One TEU represents the cargo capacity of a standard intermodal shipping container, 20 feet long, 8 feet wide, and 8.5 feet high. One TEU is equivalent to 4 QUADCONS and 3 TRICONS. One TEU has an internal volume of 1,166 cubic feet. c. This data will be used by United States Forces-Afghanistan (USFOR-A) to assist in tracking the drawdown of Afghanistan. The contractor is responsible for movement of their own cargo and equipment. The data provided by contractors is for informational purposes only in order to plan and coordinate the drawdown effort. The Government assumes no responsibility for contractor demobilization except as stated in individual contract terms and conditions. (End of Clause) H-16 DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (Revised June 23, 2011) (See DFARS 225.74) NOTE: Contractors shall make note of the timeline for processing deploying personnel in accordance with the instructions contained in SOW Attachment 3 –Deployment Documents. Also see the USCENTCOM Contracting site at http://www2.centcom.mil/sites/contracts/Pages/Default.aspx for the most current guidance. H-17 Incorporation of Representations and Certifications by Reference. All representations and certifications and other written statements made by the contractor in response to SECTION K at the request of the Contracting Officer, incident to the award of the contract, are hereby incorporated by reference with the same force and effect as if they were given in full text. The Offeror has completed the annual representations and certifications electronically via the Business Partner Network (BPN) web site at http://orca.bpn.gov and has submitted any changes pertaining to this specific solicitation to the Contracting Officer. These amended representation(s) and/or certifications, if any, are also incorporated in the Offeror's proposal and are current, accurate, and complete as of the date of this contract. SECTION I - CONTRACT CLAUSES The following have been added by reference: 52.225-26 Contractors Performing Private Security Functions Outside the United States JUL 2013 M67854-12-D-7000 P00003 Page 14 of 20 The following have been added by full text: 252.225-7993 (DEV 2014-O0008) 252.225-7993 Prohibition on Contracting with the Enemy (DEVIATION 2014O0008) PROHIBITION ON CONTRACTING WITH THE ENEMY (DEVIATION2014-O0008)(FEB 2014) (a) The Contractor shall exercise due diligence to ensure that none of the funds received under this contract are provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. (b) The Contractor shall exercise due diligence to ensure that none of their subcontracts are associated with a person or entities listed in “NDAA FY2012 Section 841/FY2014 Section 831 Identified Entities” list posted at http://www.acq.osd.mil/dpap/pacc/cc/policy.html. (c) The Head of the Contracting Activity (HCA) has the authority to — (1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) and (b) of this clause; or (2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. (d) The substance of this clause, including this paragraph (d), is required to be included in subcontracts under this contract that have an estimated value over $50,000. (End of clause) 252.225-7994 (DEV 2014-O0008) 252.225-7994 Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION 2014-O0008) ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2014-O0008)(FEB 2014) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not — (1) Subject to extortion or corruption; or M67854-12-D-7000 P00003 Page 15 of 20 (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000. (End of clause) 252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (DEVIATION 2013-O0015)(JUN 2013) (a) Definitions. As used in this clause— “Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. “Designated operational area” means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. “Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law. “Subordinate joint force commander” means a sub-unified commander or joint task force commander. (b) General. (1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in— (i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations or military exercises, when designated by the Combatant Commander. (2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians accompanying the U.S. Armed Forces. (i) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense. (ii) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause). (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support. (1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because— (A) The Contractor cannot obtain effective security services; (B) Effective security services are unavailable at a reasonable cost; or (C) Threat conditions necessitate security through military means. (ii) The Contracting Officer will include in the contract the level of protection to be provided to Contractor personnel. (iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians. (2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the designated operational area are authorized to receive resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. M67854-12-D-7000 P00003 Page 16 of 20 (ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract. (3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract. (4) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. (d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable— (i) United States, host country, and third country national laws; (ii) Provisions of the law of war, as well as any other applicable treaties and international agreements; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals. (2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause. (3) The Contractor shall ensure that contractor employees accompanying U.S. Armed Forces are aware— (i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program; (ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and (iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause). (4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under— (i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or (ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code). (5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following: (i) How and where to report an alleged crime described in paragraph (d)(4) of this clause. (ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause. (6) The appropriate investigative authorities to which suspected crimes shall be reported include the following— (i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html; (ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522; (iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx; (iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html; (v) To any command of any supported military element or the command of any base. (7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office. (8) The Contractor shall ensure that Contractor employees accompanying the U.S. Armed Forces are aware of their rights to— (A) Hold their own identity or immigration documents, such as passport or driver’s license; (B) Receive agreed upon wages on time; (C) Take lunch and work-breaks; (D) Elect to terminate employment at any time; (E) Identify grievances without fear of reprisal; M67854-12-D-7000 P00003 Page 17 of 20 (F) Have a copy of their employment contract in a language they understand; (G) Receive wages that are not below the legal in-country minimum wage; (H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and (I) If housing is provided, live in housing that meets host-country housing and safety standards. (e) Pre-deployment requirements. (1) The Contractor shall ensure that the following requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract. (i) All required security and background checks are complete and acceptable. (ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theaterspecific immunizations and/or medications not available to the general public. (iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to deploying personnel shall contain the access permissions allowed by the letter of authorization issued in accordance with paragraph (c)(4) of this clause. (iv) Special area, country, and theater clearance is obtained for personnel. Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship. (v) All personnel have received personal security training. At a minimum, the training shall— (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors. (vii) Personnel have received law of war training as follows: (A) Basic training is required for all Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The basic training will be provided through— (1) A military-run training center; or (2) A web-based source, if specified in the contract or approved by the Contracting Officer. (B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract. (2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that— (i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.); (ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and (iv) In time of declared war or a contingency operation, Contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10). (f) Processing and departure points. Deployed Contractor personnel shall— (1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause; (2) Use the point of departure and transportation mode directed by the Contracting Officer; and (3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures. (g) Personnel data. M67854-12-D-7000 P00003 Page 18 of 20 (1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system to enter and maintain the data for all Contractor personnel that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause. (2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their intheater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT Business Rules. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall— (i) Identify all personnel who are subject to military mobilization; (ii) Detail how the position would be filled if the individual were mobilized; and (iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential. (3) Contractor personnel shall report to the Combatant Commander or a designee, or through other channels such as the military police, a judge advocate, or an inspector general, any suspected or alleged conduct for which there is credible information that such conduct— (i) Constitutes violation of the law of war; or (ii) Occurred during any other military operations and would constitute a violation of the law of war if it occurred during an armed conflict. (i) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must— (i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and (ii) Carry the written authorization with them at all times. (2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel. (4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer. (j) Weapons. (1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for personal protection, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, enclosure 2, paragraph 4.e.(2). The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed. (2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons— (i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons and ammunition to specified employees; or (ii) The [Contracting Officer to specify the appropriate individual, e.g., Contracting Officer’s Representative, Regional Security Officer] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons— (i) Are adequately trained to carry and use them— (A) Safely; M67854-12-D-7000 P00003 Page 19 of 20 (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition. (4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer. (k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area. (l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer. (m) Evacuation. (1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national Contractor personnel. (2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract. (n) Next of kin notification and personnel recovery. (1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted. (2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense. (o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in— (1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or military exercises, when designated by the Combatant Commander. (End of clause) The following have been deleted: 252.225-7039 252.225-7040 Contractors Performing Private Security Functions Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States 252.225-7993 (Dev) Prohibition on Contracting with the Enemy in the United States Central Command Theater of Operations 252.225-7994 (Dev) Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations JUN 2012 JUN 2011 JAN 2012 JAN 2012 M67854-12-D-7000 P00003 Page 20 of 20 252.225-7997 (Dev) Additional Requirements and Responsibilities Relating to Alleged Crimes by or Against Contractor Personnel in Iraq and Afghanistan (Deviation) (End of Summary of Changes) AUG 2010 I CODII Ill? AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT I 2 I. NU. DA -I. KLQI REC). 5. XI HII'appIndhlul 25-Jan_2012 SEE SCHEDULE 6. (mn- m7354 7. In ?hum-1m." when ['0th 32404A PM TBS SUITE 20'! 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HE ABOVE CONT TD REFLECT TI-IE ADMINISTRATIVE CI as. Chilling in musing uppml'n?iulinn alum- HIST FORTH IN ITEM HI TO THE AUTHORITY OF FAR 43.116: BI. C. THISSIJPPLEMENTAI. ALREEMENT IS ENTERED INTO TU AUTHORITY OF: D. OTHER ISpuciI} Iypc UT uml T1. C'nnlruclw' El Ix II. required In sign uml 1 In Ell-:- inauing l-I. acciinn headings. including mlicilutimn?cmnruul allhjecl muIIur Whitleya121589 Add detailed specia? payment Instruct'lnn clauses in Sect'lon of the contract Iixccl" irI Ir-tml'J-N In ?Nu-h and ISA. NAME AND TITLE OF SIGNIER ITijt? or print; 16A. NAME AND TITLE OF CONTRACTING OFFICER I Type or prInII 5141 WI-IFTLEY - Tli FOG-43.24156 EMAIL am: mum-3mm? ISB. EROR SIGNED IEIB. Of? AMERICA DATE SIGNED I: Jr: l- BY 25?Jan-201 2 ISigrmuIrc UT pun-sun uuLIInI-Imd In si gn I ISigImIIn-e uI' (?nnLrIICIing Ufi?iucru EXCEPTION T0 5F Ins?m 31mm. ?um APPROVED BY UIRM I I #514 PI'uwriIm-IJ (55A FAR I43 CI-RI 53.243