01 - IRM-IT RFP Sections B-M.docx

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

See Attachment 1 – Performance Work Statement (PWS).

SECTION C – PERFORMANCE WORK STATEMENT

See Attachment 1 – Performance Work Statement (PWS).

SECTION D – PACKAGING AND MARKING

See Attachment 1 – Performance Work Statement (PWS).

SECTION E – INSPECTION AND ACCEPTANCE

E.1 ACCEPTABLE LEVELS OF PERFORMANCE

If the Contractor believes that mitigating circumstances precluded the Contractor from meeting the terms and conditions of the contract as it relates to the performance or administration of the contract, a waiver request can be requested. The Contractor shall provide a detailed explanation of why the contract noncompliance occurred and why this action could not have been prevented. This request should be submitted to the Government within seven (7) calendar days from receipt of notice of non-compliant performance unless otherwise approved by the Contracting Officer (CO).

E.1.1 Inspection and Acceptance (Services) Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative (COR).

E.2 Incorporation of Quality Assurance Plan Please note this Section may be modified prior to contract award to reflect quality assurance and performance metrics proposed in the Contractor’s proposal.

Quality metrics will be incorporated, by mutual agreement and in whole or in part, into the Government’s Quality Assurance Surveillance Plan (QASP).

E.3 Place of Inspection and Acceptance Inspection and acceptance will primarily occur in the country of Iraq.

E.4 Scope of Inspection All deliverables will be inspected for content, completeness, accuracy, and conformance to the contract requirements by the COR, Program Officer, or other authorized representative designated in each contract. Inspection may include validation of information or inspection of the deliverables. The COR or delegated official will provide inspection and acceptance of service.

SECTION F – DELIVERIES AND PERFORMANCE

All deliverables shall be electronic submission to the COR in original format and PDF, unless otherwise noted below or in the PWS. Reports shall not contain unnecessary proprietary or restrictive language or markings.

F.1 Deliverables

F.2 Notice Regarding Late Delivery The Contractor shall notify the COR, Program Officer, or other authorized representative designated in each contract as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery, and the project impact of the late delivery. Such notification does not limit the Government’s right to all rights and remedies, including termination.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Invoice Instructions Invoices will be submitted as follows:

1. All invoices shall be submitted through the Department of Treasury’s Invoice Processing Platform (IPP). The office responsible for reviewing invoices can be contacted at cms-amman-invoices@state.gov. All invoice supporting documents pursuant to this clause shall be submitted in IPP. The Contractor shall provide a File Transfer Protocol (FTP) where supporting documentation shall be downloaded in instances where files exceed the capacity of IPP.

2. The invoice shall list, in part, the following:

· Name and Address of the Contractor

· Unique Entity ID (generated by SAM.gov)

· Date of invoice

· Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

· Remittance Contact Information

· Shipping Terms, Ship to Address

· Payment Terms

· Total Quantity of Items

· Total Invoice Amount

· Billed total for each CLIN

· Cumulative year-to-date billed for each CLIN

· Total contract value for each CLIN

· Funded amount for each CLIN

· Requisition Number, Contract Number and Order/Award Number, with modification number, if applicable.

3. The invoice shall include a listing of each service and supply according to the CLIN structure identified in the contract. The Contractor shall submit a single invoice for each CLIN type across all sites, broken out by corresponding site specific CLIN numbers. This will result in one invoice for all labor under the contract, one invoice for all ODCs under the contract, etc. Supporting documents for each invoice shall also include an Excel file with line-item details as required further in this section.

· Labor: The Contractor shall submit a monthly invoice for all positions under the award by location. The invoice shall break down positions by labor category or position code, and corresponding employee ID. Each position shall be billed at the approved and applicable fully loaded hourly rate. Fully loaded rates shall not include Government of Iraq (GOI) taxes, which shall be billed under the separate tax CLIN. Any OT billed shall have COR approval. Unified time sheets are required for all the employees, regardless of whether they are subcontracted labor or hired direct by prime Contractor. In addition to timesheets, the Contractor shall furnish a cumulative monthly accountability report for all personnel on the contract. The program office refers to this report to verify allowability and allocability of all labor related charges. Subcontracted services shall not be billed under the labor CLIN.

· Materials, Equipment, and ODCs: For each other direct cost (ODC) and material [as defined in FAR 52.232-7 (Payments under Time-and-Materials and Labor-Hour Contracts)] under arrangements when payment is made based on actual costs incurred, the Contractor shall submit the following:

· Description of the ODC or material

· Actual incurred unit cost

· Actual incurred unit quantity

· Subtotal for each line

· Applicable provisional billing indirect cost rate

· Purchase Order within the applicable Period of Performance.

· COR approval for items above purchasing authority threshold.

· Receiving report with proof of delivery.

· Deliverables of projects, including inspections and acceptance by COR.

All ODC invoices, including subcontracted services, shall be submitted monthly. All freight/shipping invoices billed as ODCs shall include the courier service invoice, purchase orders of items shipped, receiving report, and COR approval (if applicable).

· Iraqi Taxes: All applicable taxes paid to the host nation shall be billed monthly by location, and follow the same provisions noted for Materials, Equipment, and ODCs. Local taxes shall not be included in fully loaded labor rates and billed under the labor CLIN.

· Travel: For travel costs under arrangements when payment is made based on actual costs incurred, the Contractor shall include a Travel Expense Report (TER) by trip that includes a breakdown of all incurred travel costs allowable under the contract. If multiple TERs are submitted in a single invoice, a summary spreadsheet of all individual TERs broken down by cost element shall be provided in the invoice submission. At a minimum, the breakdown shall consist of the following:

· CLIN

· Contract-specified labor category and Internal labor category, if applicable

· Traveler’s full name

· Purpose of the trip

· Dates of travel

· Number of days of travel

· Origin

· Destination

· Airfare

· Lodging cost per night (when authorized)

· Per diem (when authorized)

· Ground transportation (taxi, POV mileage)

· For cost constructed R&R travel to destination other than home of record (HOR), The Contractor shall include the price comparison evidence showing the cost-constructed travel routing is less than or equal to the HOR flight estimate.

· Subtotal

The Contractor shall note that, pursuant to FAR 31.205-46(a)(1), and where travel costs are allowable under the contract, the Contractor's costs for lodging, and meals and incidental expenses shall be based on actual costs incurred, per diem, or a combination thereof. Similarly, the Contractor’s costs for transportation shall be based on actual costs incurred, mileage rates, or a combination thereof. The Contractor shall provide certification in each TER, that FAR 31.205-46, 52.216-7, and any other applicable TO guidance was followed in incurring the costs submitted for reimbursement. If the Contractor did not use a U.S-flag air carrier, the Contractor shall, pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall submit with its invoice a memorandum citing the specific conditions which prevented it from using a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

4. Final Invoice: The Contractor shall specifically identify the last invoice as the “Final Invoice.” The final invoice shall include the remaining amounts claimed to be due under the contract. It shall include a certification that all subcontractors, suppliers, and consultants have been paid (or will be paid upon Contractor’s receipt of payment), and that all Government Furnished or Contractor Acquired Property has been disposed of in accordance with COR direction. This includes return of all ID badges, keys, and any other Government furnished property. A full and accurate inventory, accounting for all lost, stolen, or damaged property shall also be furnished to the COR before final payment is authorized. The final invoice shall include the Contractor’s Release of Claims.

G.2 Designation of Administrative Contracting Office This contract shall be administered as follows:

Contracting Officer (CO):

Jason M. Lillie Department of State Office of Acquisition Management

A/OPE/AQM/WWW/RSB

SA-06b, 1200 Wilson Blvd.

Arlington, VA 22209 Email: lilliejm@state.gov

COR:

Contract Management Office (CMO) U.S. Embassy Baghdad

G.3 Contracting Officer The CO has sole authority to modify the terms of this contract. The Contractor is responsible for ensuring that all modifications to or deviations from contract requirements are approved by the CO. The CO will appoint the usual and customary contracting representatives, such as a COR and Government Technical Monitors (GTMs) to help carry out the CO’s responsibilities under this contract.

G.4 Contracting Officer’s Representative (COR) COR responsibilities are detailed in the COR Handbook at 14 FAH-2. COR training and certification requirements are outlined on the ACM website under FAC-COR. Additional information on CORs can be found at DOSAM 601.602-2. Questions regarding the COR Program and COR requirements should be directed to FAC-COR@state.gov. The COR(s) will be identified following the contract award.

G.5 Government Technical Monitors One or more GTMs may be designated to provide technical monitoring, advice, and assistance in the monitoring and evaluation of a Contractor’s performance at separate consular locations. The GTM(s) is/are appointed by the CO.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

H.2 ORGANIZATIONAL CONFLICT OF INTEREST SPECIAL CLAUSE

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the Contractor (1) is not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "Contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint ventures, consultant, or in any similar capacity.

(1) Technical consulting and management support services.

(i) The Contractor shall be ineligible to participate in any capacity in Department contracts, subcontracts, or proposals therefore (solicited or unsolicited) which stem directly from the Contractor's performance of work under this contract for a period of three years after completion of this contract. Furthermore, unless so directed in writing by the CO, the Contractor shall not perform any technical consulting or management support services work under this contract on or relating to any of its products or services or the products or services of another firm if the Contractor is or has been substantially involved in their development or marketing.

(ii) If the Contractor under this contract prepares a complete or essentially complete statement of work or specifications to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capacity in any contractual effort which is based on such statement of work or specifications for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(2) Access to and use of information.

(i) If the Contractor, in the performance of this contract, obtains access to information such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93-579), or data which has not been released or otherwise made available to the public; the Contractor agrees that without prior written approval from the Contracting Officer it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public; (b) compete for work for the Department based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever occurs first; (c) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public; or (d) release such information unless such information has previously been released or otherwise made available to the public by the Department.

(ii) In addition, the Contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other confidential or privileged technical, business, or financial information under this contract, it shall protect this information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(iii) The Contractor shall have, subject to patent, data, and security provisions of this contract; the right to use technical data it first produces under this contract.

(c) Disclosure after award.

(1) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(2) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts of any tier which involve performance or work of the type specified in subparagraph (b)(1) of this clause or access to information of the type covered in subparagraph (b)(2) of this clause. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended subcontractor or consultant. The Contractor shall not enter into any subcontract nor engage any consultant unless the Contracting Officer shall have first notified the Contractor that there is little or no likelihood that an organizational conflict of interest exists or that despite the existence of a conflict of interest the award is in the best interest of the Government.

(e) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate the contract for default, disqualify the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract.

(f) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Contracting Officer shall grant such a waiver in writing.

(g) Modifications. Prior to any contract modification (except for the exercise of options) which (1) modifies the statement of work to add new work, (2) significantly increases the period of performance, or (3) changes the parties to the contract, the Contractor shall submit a current Organizational Conflict of Interest Certification and Disclosure.

H.3 Permits The Contractor is responsible for obtaining any and all licenses, certifications, authorizations, approvals, and permits; for complying with any applicable federal, national, state, and municipal laws, codes, and regulations; and any applicable foreign work permits, authorizations, etc., and/or visas in connection with the performance of any applicable Order issued against the contract.

H.4 IT Security Requirements The IT security requirements will be dictated by agency requirements.

H.5 Security Clearances H.5.1 The Contract and associated labor rates are inclusive of personnel and facility security clearance up to the Top-Secret level.

H.5.2 The Contract Security Classification Specification (DD Form 254 or agency equivalent) will be coordinated with the Contractor by DOS.

H.5.3 The Contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations. The Contractor will fully cooperate on all security checks and investigations by furnishing requested information to verify the Contractor employee's trustworthiness and suitability for the position. Clearances may require Special Background Investigations (SBI), Sensitive Compartmented Information (SCI) access or Special Access Programs (SAP), or agency-specific access, such as a Q clearance or clearance for restricted data.

H.6 Contractor Training The Contractor is expected to maintain the professional qualifications and certifications of its personnel through on-going training.

H.7 Government Property Any equipment, property, or facilities furnished by the Government, as well as any Contractor-acquired property, shall comply with applicable requirements, provisions and clauses required by FAR part 45. All equipment will be or remain Government Property, before, after and during the contract period of performance.

H.8 Technical Refreshment H.8.1 After contract award, the Government may implement technical refreshment of the contract scope (Section C) and/or the labor categories consistent with the appropriate changes clause in order to improve performance and/or adapt to changes in information technology.

H.9 Contractor Personnel Medical Requirements The Contractor shall submit a Staff Medical Clearance Plan which shall include, at minimum, the following elements:

H.9.1 Pre-deployment Clearance A qualified candidate shall not have a medical condition that would constitute a direct threat to the health or safety of the individual or others, or that, with or without a reasonable accommodation, would prevent the individual from performing the duties of the job. Individuals requiring maintenance medication are responsible for bringing or obtaining enough for the duration of their stay. The Contractor’s assessment of a candidate’s medical fitness to perform the duties of the job shall consider the following:

· 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 Iraq immunizations or medications;

· Conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives 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 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 sub-specialist 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;

· Renal Lithiasis, current;

· Active tuberculosis;

· Pregnancy;

· Unclosed surgical defect, such as external fixator placement;

· Requirement for medical devices using AC power;

· HIV antibody positivity;

· Psychotic and bipolar disorders.

· Other health conditions that may adversely affect an individual’s ability to operate and live in an austere environment.

NOTE: Nondisclosure of pertinent preexisting conditions or other health issues, known to the applicant but withheld from the employer, may be cause for the individual to be removed from duty. The Government will not be responsible for any costs associated with transporting the individual out of the country or paying any travel costs for the individual replacing them (See Section H.8 “Removal From Duty”). Nondisclosure of an individual’s pertinent preexisting conditions or other health issues, known to the Contractor will be considered a material breach of the requirements of this RFP and any order under which the individual is assigned. Appropriate remedies may be imposed by the Contracting Officer.

H.9.2 Periodic Health Evaluation A medical examination and clearance will remain valid for 24 months. Contractor personnel who deploy for more than 24 months total must be re-evaluated for fitness to re-deploy with a new physical examination to include blood work. The COR will perform random data calls to ensure compliance with initial and renewal medical clearance approvals and dates.

H.9.3 Motor Vehicle Operator Medical Requirements Contractor personnel operating motor vehicles are subject to the medical requirements of 14 FAM 433 - Motor Vehicle Operator and Safety Requirements.

H.10 Firearms Contractor staff are NOT authorized to possess or carry or use firearms, to include air guns, while performing under this contract.

H.11 Taxes and Duties Performance on a USG contract does not inherently grant any general or specific exemption to host country taxes, to include corporate and personal income taxes (including host country payroll withholding taxes) and any/all import or export duties, tariffs, or fees.

At the written request of the Contractor, the U.S. Government may, at its discretion, assist in obtaining duty-free entry of required materials at the place of performance for use in support of this contract. The Contractor shall submit (via email) the following information to GSO Shipping and Customs no less than ten (10) days prior to the materials’ arrival in country to facilitate this process:

1. A legible copy of the bill of lading

1. A list of items, with descriptions and values

1. The numbers of crates, pallets, or packages in the shipment

H.12 Standards of Conduct The Contractor shall develop and implement personnel policies, a code of conduct program, and ethics program that conform to U. S. Government and host country laws and DOS policies. The Contractor shall ensure that, at a minimum, personnel policies, code of conduct program and ethics program clearly explain the terms of employment, compensation structures, expectations of employees regarding behavior, discipline procedures, and employee termination procedures. The Contractor shall ensure personnel policies, code of conduct program and ethics program include any employee rights to mediation or recourse. The Contractor shall follow up promptly on any personnel or discipline matters and shall communicate regularly and promptly with the COR regarding any matters affecting contract performance including discipline, breach of code of conduct or ethics standards, or health-related conditions. Violations of standard of conduct and discipline actions shall be reported in writing to the CO and COR within 24 hours of the incident or earlier depending on the seriousness of the violation. All Contractor employees shall read and certify in writing that the Contractor policies, procedures, and contract rules have been acknowledged on an annual schedule. The COR shall conduct periodic reviews.

H.13 Personnel Policy Handbook Shall be provided in accordance with the RFP.

H.13.1 EEO and Anti-Harassment The Department of State has a Zero-Tolerance policy for harassment of any kind. The Contractor is expected to maintain an annual EEO and Anti-Harassment training program for Contractor personal in line with that which is published by DOS. DOS guidance can be found in this training video: https://www.youtube.com/watch?v=IfbQCpfK7Js

The Contractor’s Personnel Policy Handbook shall contain a description of the employee process for mediation or recourse.

On-site Contractor employees that are not in compliance with these regulations are subject to immediate and permanent removal from the site, and possible prosecution. They also may be banned from working on other DOS contracts and contracts. The USG reserves the right to modify or adjust these regulations in response to management or other considerations.

H.13.2 Removal from Duty IMPORTANT NOTE: All Contractor personnel when at a Foreign Service Mission are subject to the administrative control of the United States Ambassador or Principal Officer of that mission. If that responsible official determines that it is in the best interest of the Government for a contract individual to be removed from Post, that individual must depart as quickly as transportation will allow. The Contracting Officer, based on information provided by the COR or other Post authority, will direct the Contractor accordingly in writing, including the reasons for ordering the removal.

H.13.3 Contractor Employee Discipline The Contractor shall maintain discipline at the site and always take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or amongst those employed at the site and for the preservation of peace and protection of persons and property about the project against the same. The CO may direct that the Contractor remove any employee deemed incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the project is deemed by the CO to be contrary to the Government's interests.

The Contractor and subcontractor shall make written notification to the CO, Program Office COR, and to DS/IS/IND within 24 hours for the following: a) When any Contractor employee submits a resignation or is suspended; and b) When a Contractor employee is no longer performing on the contract due to resignation (favorable or unfavorable), termination by the Contractor or when directed by the USG, or any other reason the Contractor is no longer performing on the contract. The notification shall include in writing the who, what, where, when, and how event details.

H.13.4 Defense Base Act (DBA) Insurance DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US $3,500.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working outside the United States. (See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker. New DBA insurances policies can be purchased directly from any DOL (Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

H.14 Associate Contractor Agreement

(a) The Contractor shall enter into Associate Contractor Agreements (ACAs) for any portion of the contracts requiring joint participation in the accomplishment of the Government’s requirements. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the successful operation of the U.S. Mission, which shall ensure the greatest degree of cooperation to meet the terms of the contracts/contracts. The agreements shall provide for the timely, free, and direct exchange of information and data necessary to the performance of this contract/contract and shall be structured to ensure effective communication between counterparts at all levels from the senior corporate management to working technical staff.

(b) ACAs shall include the following general information:

(1) Identify the associate Contractors and their relationships.

(2) Identify the program involved and the relevant Government contracts/contracts of the associate Contractors.

(3) Describe the associate Contractor interfaces by general subject matter.

(4) Specify the categories of information to be exchanged or support to be provided.

(5) Identify potential conflicts between relevant Government contracts/contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

(6) Include the expiration date (or event) of the ACA.

(c) A copy of such agreement shall be provided to the Contracting Officer for review before execution of the document by the cooperating Contractors.

(d) The Contractor is not relieved of any contract/contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate Contractor.

(e) Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government.

(f) Agreements may be amended as required by the Government during the performance of this contract.

(g) All costs associated with the agreements will be allocated to Contract.

H.15 Risk Mitigation Plan This Risk Mitigation Plan Clause applies to all Contractor personnel that are not ordinarily residents of Iraq, including U.S. citizens and third country nationals (TCNs). It does not apply to local nationals (LNs), and U.S. citizens and TCNs that are ordinarily residents of Iraq.

HOUSING (Baghdad)

· Contractor personnel shall reside within the confines of a USG-owned or leased facility where Overseas Security Policy Board physical security standards apply, i.e., BEC, BDSC, and Erbil consulate.

· Should the need arise for Contractor personnel to travel within Iraq, the Contractor will coordinate with Bureau of Diplomatic Security and U.S. Mission Iraq to ensure its personnel reside on USG/facilities while traveling.

· As compound residents, Contractor personnel are required to follow U.S. Mission Iraq policies, notices, and directives.

· The Contractor is required to establish personnel accountability procedures and submit a copy to the COR. The COR will provide a copy to the Regional Security Office (RSO) for informational purposes. Additionally, the Contractor is required to report significant changes to the in-country personnel count to the COR, who will inform the RSO.

HOUSING (Erbil)

· Contractor personnel shall reside within the confines of a USG-owned or leased facility where Overseas Security Policy Board physical security standards apply.

· Should the need arise for Contractor personnel to travel within Iraq, the Contractor will coordinate with Bureau of Diplomatic Security and U.S. Mission Iraq to ensure its personnel reside on USG/facilities while traveling.

· As compound residents, Contractor personnel are required to follow U.S. Mission Iraq policies, notices, and directives.

· The Contractor is required to establish personnel accountability procedures and submit a copy to the COR. The COR will provide a copy to the RSO for informational purposes. Additionally, the Contractor is required to report significant changes to the in-country personnel count to the COR, who will inform the RSO.

MOVEMENT SECURITY & TRAVEL WITHIN COUNTRY (Baghdad)

· All travel shall be conducted in accordance with U.S. Mission Iraq’s Transportation Security and Travel Policy (TSTP).

· The Contractor will coordinate with the COR for all movements outside the confines of a U.S. government owned or leased facility.

· The Contractor may travel to Union III for administrative purposes in self-driven armored vehicles, but all ground movements off the Baghdad Embassy Complex, shall be in armored vehicles with Contractor PSD support when traveling to points within Iraq. When traveling off U.S. government compounds in the performance of duties the Contractor shall adhere to TSTP restrictions. The Contractor shall implement the following movement security guidance:

· U.S. citizen and third country personnel shall always travel in fully armored vehicles, unless otherwise specified in the TSTP.

· All armored vehicle movements will include at least one, armed individual in addition to the driver. All armored vehicles, armed personnel, and all weapons will be properly registered/licensed with the Government of Iraq.

· Advise the U.S. Embassy Baghdad’s RSO Embassy Operations Center (EOC) of planned movements, a minimum of 24 hours in advance.

· Use a vehicle and personnel tracking system with emergency duress notification capability for movements off compound that will allow the Contractor to monitor its vehicles and personnel.

· Personal protective equipment (PPE) consisting of body armor vests (standard Department approved ballistic protection are rated to stop, at minimum, a 7.62 x 39 mm round of ammunition) and helmets (standard Department approved ballistic protection rated at NIJ level IIIA) for each of the Contractor’s personnel residing on the compound and shall be available in the vehicle for each Contractor passenger riding in the vehicle.

· The Contractor shall provide individual Advanced First Aid Kits (AFAK) to personnel that meets or exceeds the following components of the Spartan Advanced Individual First Aid Kit:

· Compact IFAK Rip away Pouch with Molle

· Combat Application Tourniquet (CAT)

· Large Disposable Nitrile Gloves

· S Rolled Gauze, 4.5 x 4.1 yards

· 4” Emergency Trauma Dressing (FLAT)

· Compact Chest Seal Twin Pack

· Latex Free Robertazzi 28fr Naso Airway with Lubricant

· 5.5” EMT Shears

· Compact Survival Rescue Blanket

· Tactical Combat Casualty Care Cards

· 1 Sharpie Marker

· Vehicles shall be equipped with emergency medical equipment.

· Vehicles shall be equipped with redundant (at a minimum two) communications systems for contacting their security provider’s security manager, and the Contractor’s headquarters.

· The Contractor will contact the RSO EOC in the event of a serious incident.

· Travel into Baghdad and between Baghdad and Erbil shall be by air via Embassy Air Iraq (EA-I).

· The COR, after consultations with the RSO, may direct Contractors to alter their movement security arrangements, to include suspension of operations, if conditions become unsafe.

MOVEMENT SECURITY & TRAVEL WITHIN COUNTRY (Erbil)

· All travel shall be conducted in accordance with U.S. Mission Iraq’s Transportation Security and Travel Policy (TSTP).

· The Contractor will coordinate with the COR and RSO Tactical Operations Center (TOC) for all movements outside the confines of a USG- owned or leased facility.

· All ground movements off the Erbil Consulate Complex, shall be in armored vehicles with PSD support when traveling to points within Iraq. When traveling off USG compounds in the performance of duties the Contractor shall adhere to TSTP restrictions. The Contractor shall implement the following movement security guidance:

· U.S. citizen and third country personnel shall always travel in fully armored vehicles, unless otherwise specified in the TSTP.

· All armored vehicle movements will include at least one, armed individual in addition to the driver. All armored vehicles, armed personnel, and all weapons will be properly registered/licensed with the Government of Iraq.

· Advise the U.S. Erbil Consulate RSO TOC of planned movements, a minimum of 24 hours in advance.

· Use a vehicle and personnel tracking system with emergency duress notification capability for movements off compound that will allow the Contractor to monitor its vehicles and personnel.

· Personal protective equipment (PPE) consisting of body armor vests and helmets shall be available in the vehicle for each Contractor passenger riding in the vehicle.

· Vehicles shall be equipped with emergency medical equipment.

· Vehicles shall be equipped with redundant (at a minimum two) communications systems for contacting their security provider’s security manager, TOC, and the Contractor’s headquarters.

· The Contractor will contact the RSO TOC in the event of a serious incident.

· Travel between Baghdad and Erbil shall be by air.

· The COR, after consultations with the RSO, may direct Contractors to alter their movement security arrangements, to include suspension of operations, if conditions become unsafe.

CONTRACTOR OPERATIONS OUTSIDE U.S. GOVERNMENT FACILITIES (Baghdad)

· When the Contractor performs work in locations that are not on a U.S. government facility, including locations adjacent to USG facilities such as the “International Zone” in Baghdad, the Contractor shall take the following measures:

· As conditions warrant, and if/as U.S. Embassy mission policies change, the COR may direct Contractors to increase their security arrangements or suspend operations if conditions become unsafe.

· PPE: The Contractor will wear PPE consisting of body armor vests and helmets, whenever working outside a U.S. facility unless wearing PPE is deemed unsafe by the project safety manager.

· Coordinate with the RSO EOC: The Contractor’s security manager and/or security provider will inform the RSO EOC of all movements and serious incidents.

· Communications: Contractors working outside a USG facility will be equipped with a radio and maintain communication with their security provider in accordance with COR direction.

· The Contractor shall monitor their personnel through monitor tracking equipment.

· The Contractor’s security provider shall provide Quick Reaction Force capabilities in the event of serious incident.

LIFE SUPPORT (Baghdad)

· Contractor personnel will be included in U.S. Mission Iraq’s personnel count for on-hand food, water, fuel, and medical supplies required to sustain mission operations in the event of an unexpected interruption of the supply chain.

· U.S. Mission Iraq will provide PPE consisting of body armor vests and helmets to Contractor personnel as government furnished equipment.

· The Contractor shall develop a feasible evacuation and drawdown plan, in accordance with host nation laws. Special consideration should be given to the limited aviation capabilities in Iraq. This could have a major impact on the transit of Contractor personnel and supplies, as chartered or emergency flights may not be available. The evacuation and drawdown plan will be submitted to the COR for both COR and CO review. The COR will provide a copy of the evacuation and drawdown plan to the RSO for deconfliction with the U.S mission’s drawdown or evacuation plan.

LIFE SUPPORT (Erbil)

· Contractor personnel will be included in U.S. Mission Iraq’s personnel count for on-hand food, water, fuel, and medical supplies required to sustain mission operations in the event of an unexpected interruption of the supply chain.

· U.S. Mission Iraq will provide PPE consisting of body armor vests and helmets to Contractor personnel as government furnished equipment.

· The Contractor shall develop a feasible evacuation and drawdown plan, in accordance with host nation laws. Special consideration should be given to the limited aviation capabilities in Iraq. This could have a major impact on the transit of Contractor personnel and supplies, as chartered or emergency flights may not be available. The evacuation and drawdown plan will be submitted to the COR for both COR and CO review. The COR will provide a copy of the evacuation and drawdown plan to the RSO for information and deconfliction purposes.

MEDICAL SUPPORT (Baghdad)

· The contracting company is required to provide medically and psychologically fit Contractor personnel capable of safely and satisfactorily accomplishing tasks and duties unique to a particular position while tolerating the environmental and operational conditions of Iraq and without posing a substantial risk of significant harm to the employee and others.

· The Contractor is responsible for ensuring all prime and subcontractor personnel:

· Have “Primary Care” selected on their SPOT Letter of Authorization (LoA).

· Deploy with medical evacuation (MEDEVAC) insurance, to include MEDEVAC coverage for mental health emergencies.

· Receive appropriate health screening and immunizations required for travel to Iraq.

· Receive training on health risks specific to Iraq, such as the Centers for Disease Control and Prevention’s health information for travelers to Iraq, to avoid environmentally caused health dangers resulting from infectious diseases, animal bites, unclean water, and unsanitary living conditions.

· Contractor personnel will have access to a USG Contractor-operated medical clinic at U.S. Embassy Baghdad. These clinics will provide basic primary care for common illnesses/ailments, minor injuries, mental health services, and other non-critical trauma.

· Should a critical emergency arise, that cannot be handled by the U.S. government Contractor-operated medical clinic, the Contractor shall be responsible for MEDEVAC transport to a more suitable facility within 24 hours and is responsible for all costs associated with the MEDEVAC, including costs incurred by the USG if the government’s medical services or assets are used.

· U.S. Mission Iraq medical clearances and services are not available to Contractor personnel unless approved by the Contracting Officer, U.S. Mission Iraq, and the Executive Office of the Bureau of Near Eastern Affairs (EXO/NEA).

MEDICAL SUPPORT (Erbil)

· The contracting company is required to provide medically and psychologically fit Contractor personnel capable of safely and satisfactorily accomplishing tasks and duties unique to a particular position while tolerating the environmental and operational conditions of Iraq and without posing a substantial risk of significant harm to the employee and others.

· The Contractor is responsible for ensuring all prime and subcontractor personnel:

· Have “Primary Care” selected on their SPOT LoA.

· Deploy with medical evacuation (MEDEVAC) insurance, to include MEDEVAC coverage for mental health emergencies.

· Receive appropriate health screening and immunizations required for travel to Iraq.

· Receive training on health risks specific to Iraq, such as the Centers for Disease Control and Prevention’s health information for travelers to Iraq, to avoid environmentally caused health dangers resulting from infectious diseases, animal bites, unclean water, and unsanitary living conditions.

· Contractor personnel will have access to a USG Contractor-operated medical clinic at U.S. Consulate General Erbil. These clinics will provide basic primary care for common illnesses/ailments, minor injuries, mental health services, and other non-critical trauma.

· U.S. Mission Iraq medical clearances and services are not available to Contractor personnel unless approved by the CO, U.S. Mission Iraq, and the EXO/NEA.

TRAINING (BAGHDAD)

· The Contractor shall ensure personnel take the Department-prescribed High Threat Security Overseas Seminar for Contractors (HTSOS-C) and are retrained as required. The Contractor shall certify and maintain training records of its personnel who have received this training.

· This training is required for all Contractor personnel entering the country, regardless of length of stay.

· The HTSOS-C training course in eight separate language versions is available to vendors through the Diplomatic Security (DS) Foreign Affairs Security Training Center (FASTC). This course is designed to be instructed and tested using a facilitator, who should also be an interpreter for the non-English versions. Vendor facilitators may gain access to the HTSOS-C course through their respective COR.

· Contractor personnel who have taken the Department of State’s CT650, Foreign Affairs Counter Threat (FACT) training course and have a valid, unexpired completion certificate issued by the Bureau of Diplomatic Security, will be considered to have met this requirement.

· U.S. citizens and native English-speaking Contractor personnel may also take the Department of State’s CT401, Counter Threat Awareness Training (CTAT) online course in lieu of HTSOS-C training. To register for this course, email DS-Registrar@state.gov for further information.

· The Contractor will maintain training records of its personnel who have received HTSOS-C, FACT, or CTAT training and upon request provide certification to the COR, CO, and NEA Program Office that its personnel are fully compliant with the training requirement. HTSOS-C, FACT, CTAT are all considered valid for six years.

· Training certificates will stay valid for the entire length of the individual’s tour. If the training certificate expires before the end of the tour, the Contractor is responsible for ensuring the individual undertakes repeat training to ensure there is no lapse in training validity.

· The Contractor will provide personnel country/regional familiarization training, which will include information on Iraq’s customs, cultural norms, and physical environment.

· Contractor personnel required or expected to drive as their primary responsibility in the host country are required to complete defensive/counterterrorism driving maneuver training.

· The Contractor shall develop emergency drills and schedule and conduct those drills to ensure personnel understand emergency plans and are prepared to follow the plans. In addition, contract personnel are required to participate in all mission-wide emergency preparedness drills.

TRAINING (Erbil)

· The Contractor shall ensure personnel take the Department-prescribed High Threat Security Overseas Seminar for Contractors (HTSOS-C) and are retrained as required. The Contractor shall certify and maintain training records of its personnel who have received this training.

· This training is required for all Contractor personnel entering the country, regardless of length of stay.

· The training…