19AQMM19R0035-A002_SIGNED.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

01/23/2019

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Alexander D. Warsaw

NAME

703-516-1965

TEL.

warsawad@state.gov

EMAIL

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM19R0035

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

01/18/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

The purpose of this amendment is to:

1. Incorporate FAR 52.225-19, Contractor Personnel in a Designated Operational Area;

2. Incorporate Section H provision entitled HTSOS Security Training; and

3. Incorporate Section H-33, Risk Mitigation Plan--DRAFT.

All other terms and conditions remain unchanged and in full effect.

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 TITLE OF CONTRACTING OFFICER (Type or print)

Alexander D. Warsaw

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

01/23/2019

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

19AQMM19R0035

Table of Contents

Section Description Page Number

2 Contract Clauses

Line Item Summary

Solicitation Number:

19AQMM19R0035

Contract Number: Title: Mogadishu Medical Services Date of Solicitation:

01/23/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

Clause Section H SPECIAL CONTRACT REQUIREMENTS was deleted or updated.

Section H SPECIAL CONTRACT REQUIREMENTS

H.1 Nonpayment for Unauthorized Work

A. No payments will be made for unauthorized supplies or services or for unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer (CO). Only a duly appointed CO is authorized to change the specifications, terms, and/or conditions of this contract and it's respective TO.

B. If, in the opinion of the Contractor, any requests are made that calls for effort outside the scope of the con-tract or is inconsistent with this requirement, the Contractor shall notify the CO immediately in writing with a copy to the COR and GTM (if applicable). If the Contractor operates outside the scope of the contract, doing so is at risk and the Government will not be liable for the Contractor operating outside of scope.

H.2 Permits, Licenses, and Bonds

The Contractor shall secure and maintain all permits, licenses, and bonds required to perform this contract in ac-cordance with all applicable host nation, and third country laws, decrees, and regulations. After TO award, the Government may assist the Contractor in obtaining any required permits and/or licenses, however the Contract-or bears principal responsibility for obtaining such. If such Government-provided assistance is required by the Contractor, the Contractor shall submit a timely written request (via e-mail) to the CO and COR. However, such Government-provided assistance is not guaranteed and does not guarantee that the Contractor will receive the necessary licenses and/or permits. The contractor shall incorporate any cost of doing business in each re-spective all-inclusive CLIN X01 and X02.

H.3 Taxes and Duties

A. Performance on a US Government contract does not inherently grant any general or specific exemption to host country taxes, to include corporate and personal income taxes and any/all import or export duties, tariffs, or fees.

B. At the written request of the Contractor, the Government may assist in obtaining duty-free entry of required materials at the TO performance location for use in support of this contract. The Contractor shall submit (via email) the following information to DS/RSO 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

2. A list of items, with descriptions and values

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

The contractor shall incorporate any cost of doing business in each respective all-inclusive CLIN X01 and X02.

H.4 Special Logistical Assistance

Under special circumstances where the Contractor cannot ship materials required by the Government to Task

Order Place of Performance, the Department may arrange for shipment through Department channels. There is no guarantee the Government will be able to assist the Contractor. Ultimately, the Contractor remains respons-ible for any and all logistics as it relates to this requirement.

H.5 Personnel and Subcontractor Personnel Salary Benefits

A. The Government shall have no responsibility or liability for payment of any wages or benefits to the Con-tractor’s personnel and Subcontractor’s personnel, including those associated with severance pay as defined by local law.

B. The Government, its agencies, agents, and personnel and Subcontractor personnel shall not be part of any legal action or obligation regarding these benefits, which may subsequently arise. Where local law requires bo-nuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sever-ance pay, sick or health benefits, childcare, or any other benefit, the Contractor is responsible for these pay-ments.

H.6 Diplomatic Status

Contractor personnel are not afforded diplomatic status of any kind under the Vienna Conventions on Diplomat-ic and Consular Relations, unless specifically and personally identified as being accorded such status by the host nation.

H.7 Compliance with Laws, Decrees, Regulations, and Policies

A. The Contractor shall comply with, and shall ensure that its personnel authorized to work on the TO are fa-miliar with and comply with all applicable:

1. US, host nation, and TCN laws, decrees, regulations, and labor standards.

2. Treaties and international agreements.

3. US federal, state, and local laws, regulations, directives, instructions, policies, and procedures.

B. Failure of the Contractor or its personnel to comply with all applicable laws, decrees, regulations, orders, standards, instructions, policies, rules, or directives may subject the Contractor or its personnel to contractual, civil, and/or criminal action including, but not limited to:

1. Removal from the IDIQ and any resultant TO.

2. Contract sanctions and termination.

3. Arrest.

4. Civil and/or criminal prosecution.

H.8 Drug Free Workplace Requirements

A. To protect our national security, eliminate any risk to the health, welfare and safety of the public, Depart-ment personnel, and Contractor personnel, and to increase productivity in the workplace, the Contractor shall provide a safe and drug-free work environment at the TO performance location.

B. It is the Department’s policy that the unlawful manufacture, distribution, dispensing, possession, or use of any controlled substances as defined by 21 CFR 1308.11, “Controlled Substances Act” by TO Contractor per-sonnel, on or off-duty is explicitly and strictly prohibited.

C. This policy also includes the use of any legal or illegal drugs that may impair the individual’s ability to per-form any one of the essential functions of the position the individual is holding/performing under the resultant

TO.

H.9 Worker’s Compensation Insurance (Defense Base Act)

A. OCONUS - The Contractor shall provide workers’ compensation insurance as required by FAR 52.228-3, “WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR1984)”, for those Contractor personnel assigned to this contract. The Contractor shall insert in all subcontracts under this contract to which the Defense Base Act (DBA) applies, a clause similar to this clause (including this sentence) imposing upon those Subcontractors this requirement to comply with the DBA.

B. The Government will not pay or reimburse for medical evacuations, escorts, or medical treatment expenses not covered by DBA, to include upgraded class airfare for medical evacuation/emergencies.

H.10 Insurance Requirements

As required by FAR 52.228-5, "INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997),” the Contractor shall, at no additional expense to this contract, provide and maintain, in addition to any other insurance coverage required elsewhere in this contract, the following types of insurance in the amounts specified:

Workers' Compensation and Employer's Liability--The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compens-able under those statutes, they shall be covered under the employer's liability section of the insurance policy, ex-cept when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

General Liability--The Contractor shall provide bodily injury liability insurance coverage written on the com-prehensive form policy of at least $500,000 per occurrence

Automobile Liability--The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Aircraft Public and Passenger Liability--When aircraft are used in connection with performing the contract, the Contractor shall provide aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Vessel Liability--When contract performance involves use of vessels, the Contractor shall provide vessel colli-sion liability and protection and indemnity liability insurance.

Medevac Insurance – The Contractor shall provide medevac insurance (non-DBA) for all employees traveling to the TO performance location. Coverage shall be at least $1,000,000 per person covering medical evacuation, repatriation, and repatriation of remains.

Medical Malpractice - The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *Not less than $1,000,000 per occurrence and $3,000,000 aggregate.

The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract whatever insurance is legally necessary.

H.11 Personal Injury, Property Loss or Damage (Liability)

A. The Contractor assumes absolute responsibility and liability for any and all personal injuries for death and property damage or losses suffered due to:

1. Negligence of the contractor’s personnel in the performance of this contract.

2. Any cause arising from accidental, careless or irresponsible acts of the Contractor's employees.

B. The Contractor’s assumption of absolute liability is independent of any insurance policies.

H.12 Personnel

All Contractor personnel are responsible to operate, at a minimum, during regular business hours, presenting themselves in a professional manner at all times befitting the high visibility of the DOS. The Contractor shall be prepared to provide staffing outside of regular working hours, on weekends, and federal and local holidays. Per-sonnel will act in a consultative manner, proactively searching for creative solutions that will improve perform-ance, provide increased value, and/or reduce cost. Contractor personnel shall also freely provide knowledge and expertise to the Government and other Contractors involved with the work.

Contractor personnel will be responsible for ensuring all services provided are in accordance with Government and COR-approved SOPs, and industry-leading standards. Contractor personnel shall provide deliverables that are clear, concise, technically accurate and complete in order to meet all reporting requirements. No required personnel position shall be left vacant for longer than 15 business days, unless an exception has been issued by the COR or Contracting Officer; absence of critical clinical capabilities called for under this contract for greater than 15 days shall represent breach, and will be addressed through appropriate correspondence from the Con-tracting Officer, up to and including providing the basis of default resulting in contract termination.

The contractor is required to provide resumes and true copies of core credentials for the clinical person-nel supporting this requirement which are subject to COR review/approval.

H.13 Removal of Individual Contractor Employees for Cause

A determination to remove a contract employee from contract performance due to misconduct or unsuitability may involve, but is not limited to, the following types of misconduct or delinquency that may be documented by the COR or RSO (if applicable).

Notoriously disgraceful conduct, to include the frequenting of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, enter-ing into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another or to create the impression of gaining or giving an improper favor.

Falsification or unlawful concealment, removal, mutilation or destruction of any document or record, or con-cealment of material facts by willful omissions from documents or records. Improper use of credentials, badges or official papers.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fight-ing. Participation in disruptive activities that interfere with the normal efficient operations of the worksite.

Theft, vandalism, immoral conduct, or any other criminal action under U.S. or host country law. Selling, con-suming or being under the influence of drugs, or other illegal substances that produce similar effects. Abuse of alcohol. Noncompliance with post/site security and reporting policies

H.14 Vehicle Operator Requirements

Contractor personnel who operate vehicles in performance of this contract shall have a current valid license is-sued by the country of operation appropriate for the vehicle (class) being operated.

H.15 Organizational Conflict of Interest - General

A. The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, “Organizational and Consultant Conflicts of Interest,” or that the Contractor has disclosed all such relevant in-formation.

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 CO. This disclosure shall include a descrip-tion 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 CO, the Government may terminate the contract for default.

D. The Contractor shall insert the substance of this section in all subcontracts.

H.15.1 Organizational Conflict of Interest Special Clause

A. 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, organization-al, or otherwise) which relate to the work under this contract.

2. Does not obtain any unfair competitive advantage over other parties by virtue of its performance of this con-tract.

B. 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 venture, consultant, or in any sim-ilar capacity.

C. 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 un-der 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.

D. If the Contractor under this contract prepares a complete or essentially complete Performance Work State-ment (PWS)to be used in a competitive acquisition, the Contractor shall be ineligible to participate in any capa-city in any contractual effort which is IDIQ'd for a period of three years after completion of this contract. The Contractor shall not incorporate its products or services in such PWS' unless so directed in writing by the CO, in which case the restriction in this subparagraph shall not apply.

E. 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 CO it shall not:

1. Use such information for any private purpose unless the information has been released or otherwise made available to the public.

2. Compete for work for the Department IDIQd 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.

3. Submit an unsolicited proposal to the Government which is IDIQd on such information until one year after such information is released or otherwise made available to the public.

4. Release such information unless such information has previously been released or otherwise made available to the public by the Department.

F. 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 inform-ation under this contract, it shall protect this information from unauthorized use or disclosure for as long as it re-mains proprietary and refrain from using the information for any purpose other than that for which it was fur-nished.

G. 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.

H. 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 CO. This disclosure shall include a descrip-tion of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

I. 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 CO, the Government may terminate the contract for default.

H.15.2 Subcontracts

A. The Contractor shall obtain for the Department an Organizational Conflict of Interest Disclosure Statement or Representation from each intended Subcontractor or consultant.

B. The Contractor shall not enter into any subcontract nor engage any consultant unless the CO 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.

H.15.3 Remedies, Waivers, and Modifications

A. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts re-quired to be disclosed concerning this contract, the Government may terminate the contract for default, disquali-fy the Contractor for subsequent related contractual efforts and pursue such other remedies as may be permitted by law or this contract.

B. Requests for waiver under this clause shall be directed in writing to the CO and shall include a full descrip-tion of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the CO shall grant such a waiver in writing.

C. 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.16 Interference with Business

The Government may undertake or award other contracts for additional work, and the Contractor shall fully co-operate with such other Contractors and/or Government staff. The Contractor shall carefully schedule work to avoid interfering with additional work or operations as may be directed by the COR. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or by Gov-ernment personnel.

H.17 Safety and Health Regulations

A. The Contractor shall take all reasonable precautions in the performance of the work under this contract to protect the safety and health of all their personnel to include personnel of Subcontractors and lessees, Govern-ment employees, and of members of the public and shall comply with all applicable safety and health regula-tions and requirements.

B. The Government reserves the right to deny access to, or the use of, unsafe, broken, and/or un-secure tools, equipment, and/or vehicles under this contract at any time. This specifically includes Contractor and/or Con-tractor Subcontractor items.

H.18 Safeguarding of Information

A. The Contractor, its personnel and Subcontractors shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the CO.

B. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the Government. Furthermore, no in-formation, article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph con-cerning any aspect of work performed under this contract shall be published or disseminated through any media (including the internet) without the prior written authorization of the CO.

C. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall in-clude the substance of this provision in all contracts of employment and in all subcontracts hereunder.

D. The Contractor and its personnel shall seek advance written authorization from the CO before making any public statements or responding to media requests, including posting or sharing to social media sites, relating to any operational incidents. Media includes multiple media for sharing information including, but not limited to, blogs, video logs (i.e. vlogs), networking sites, virtual worlds, and video- and photo-sharing sites.

H.19 Media Relations

The Contractor shall advise all management, personnel, and Subcontractors of the Department’s policy and guidelines for dealing with media, press and other inquiries about the company’s customers, business, and other information deemed important and/or business sensitive and enforce the standards of conduct.

H.20 Data Rights

The Department shall have unlimited rights in all specifications, notes, reports and other items deliverable under this contract, tangible or otherwise, developed, performed, or produced in the performance of this contract. For the purpose of this contract the Department shall also have unlimited rights in any information recorded whatso-ever.

H.21 Trafficking in Persons Prohibition

In accordance with FAR 52.222-50, “Combating Trafficking in Persons,” the Contractor shall:

1. Immediately advise COR and CO when it knows or is made aware of any incidents where its personnel, to include the Contractor, violate the human trafficking and inhumane living conditions provisions contained in this contract.

2. Only hold Contractor personnel passports and other identification documents for the shortest period of time reasonable for administrative processing purposes or upon written request by the individual. A copy of the indi-vidual’s written request shall be maintained with the respective individual’s passport for Government inspec-tion.

3. Incorporate checks of life support areas to ensure compliance with the requirements of the Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s qual-ity assurance process.

4. Provide all personnel with a signed copy of their employment contract, in English as well as the person’s native language that defines the terms of their employment/compensation.

5. Comply with applicable international laws, decrees, and regulations regarding transit/exit/entry procedures, and the requirements for work visas.

6. Follow all host nation entry and exit requirements including requirements for visas and work permits.

H.22 Death/Serious Injury Notification and Family Support Guidelines

Proper handling of deaths and serious injuries as the result of performance under this contract is paramount in maintaining an effective and efficient staff. Therefore, the Contractor and all Subcontractors shall have a Death/Serious Injury Notification Policy in place before performance begins, and provide a copy to the Depart-ment upon request.

H.22.1 Next Of Kin Notification

A. The Contractor or Subcontractors shall be responsible for in-person notification of the personnel designated next of kin of a deployed individual in the following circumstances:

1. Death of Personnel.

2. Injured Personnel (requiring evacuation).

3. Missing Personnel.

4. Captured Personnel

5. Other similar catastrophic events.

B. In all cases, the Contractor shall be responsible to immediately notify the COR in writing when such notific-ation has been performed.

H.22.2 Evacuation of Bodies

A. In the event of the death of a Contractor or Subcontractor personnel, the Contractor or Subcontractor is re-sponsible for the evacuation of the body from the point of identification to the location specified by the person-nel or next of kin, as applicable.

B. Repatriation and funeral arrangements shall be closely coordinated with next of kin. The Contractor, not the Subcontractor, shall keep the COR informed of these arrangements.

H.22.3 Serious Injury

In the event of serious injury requiring evacuation, the Contractor, not the Subcontractor, shall keep the COR informed of the individual’s general health status.

H.23 Inspections and Monitoring

A. The Government reserves its right to conduct announced and unannounced inspections, including program management reviews, of any TO-related Contractor operations and facilities at any time during the performance period and by any method to assess contract performance and compliance (e.g., examining and making copies of records, photographing, drug testing, etc.). The use of a room, table or other facilities necessary for the prop-er examination of records and inspection shall be extended by the Contractor to the Government at any time during the performance of a TO.

H.24 Phased Takeover

The Government requires that the Contractor begin full performance of the TO requirements on a specific start date, but the Contractor shall transition and/or phase-in its services prior to that date. During the Phase- In/Transition period, the Government will pay only as specified in the accepted TO proposal. Failure of the Contractor to complete the phased takeover within the time period specified in the TO, or by the start date stated in the Notice to Proceed, whichever is later, is grounds for termination of the TO for default. Actual dates will be identified in each TO.

H.25 Inform Employees of Whistleblower Rights

The Contractor shall ensure that all of its personnel are fully aware of their whistleblower protections per FAR 3.9, “Whistleblower Protections for Contractor Personnel.” The Contractor shall print and post the incorporated Whistleblower Protection Notification flyer in a clearly visible place frequented by company personnel working to support this contract. The Contractor shall preferably post the flyer in the same general area as the Depart-ment of State OIG hotline flyer. The Contractor shall translate and post the flyer in the appropriate language(s) as necessary to ensure that all of its personnel are aware of the policy.

H.26 Contractor Commitments, Warranties, and Representations

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contract-

or. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable under the default provisions for damages due to the Department under the terms of this contract. For the purpose of this contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written amendments to its proposal. Written commitment by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to performance, (2) any warranty or rep-resentation made by the Contractor described in (1) above, made in any literature descriptions, drawings, or spe-cifications accompanying or referred to in a proposal, and (3) any modification of or affirmation or representa-tion as to the above which is made by the Contractor in or during the course of negotiations, whether or not in-corporated into a formal amendment to the proposal.

H.27 Timely Submission of Invoices

Efficient financial management of this contract requires that the Contractor submit timely invoices for payment for supplies and services provided. Accordingly, at a minimum, the Contractor shall submit all invoices for supplies or services provided within a contract period (IDIQ year or option year) not later than one year after the end of that contract period. Unless the Contractor has requested and received from the Contracting Officer an extension of this deadline IDIQ on a showing of circumstances beyond the control of the contractor prevent-ing compliance, then any invoice for supplies or services provided within a contract period that is submitted more than one year after the end of the contract period shall be deemed time-barred and nonpayable. Since the purpose of this requirement is to promote efficient financial management by both the Contractor and the Gov-ernment, the Government shall not be required to demonstrate actual prejudice with respect to any untimely in-voice.

Example (dates are provided for demonstration purposes only) Last Day to Submit Invoices IDIQ Period 1/1/2015 – 12/31/2015 12/31/2016 First Option 1/1/2016 – 12/31/2016 12/31/2017 Second Option 1/1/2017 – 12/31/2017 12/31/2018 Third Option 1/1/2018 – 12/31/2018 12/31/2019 Fourth Option 1/1/2019 – 12/31/2019 12/31/2020

H.28 Semiannual Review and Reconciliation of Excess Funding

A. In accordance with FAR 42.302(a)(70), semiannually the Contractor shall reconcile allowable expenditures and contract obligations to disclose excess funds created as a result of undelivered Contract Line Items, staffing shortfalls, cost underruns, mistakes in payments, unearned incentives, withheld fees, etc. Excess funds result in unliquidated obligations that must be deobligated so that funds may be used for new requirements.

B. Semiannually, in March and September, the contractor shall notify the COR and CO of the amount of excess funds that can be deobligated from this contract/order. Upon receipt of this reconciliation report, the Govern-ment will determine the appropriate amount to deobligate by modification as soon as possible. A unilateral contract modification will be forwarded to the Contractor by the Contracting Officer to deobligate excess funds from the contract/order.

H.29 Medical Malpractice

The Contractor shall be responsible for having and maintaining institutional malpractice insurance as well as in-dividual malpractice policies covering individual clinical provides.

The Government will not be liable for malpractice allegations against contract Health Care Providers (HCPs) based upon performance of this contract. Evidence of insurance coverage shall be provided to the Contracting Officer within five days of contract definitization/award. In accordance with FAR Clause 52.237-7 (Indemnification and Medical Liability Insurance), the Contractor shall indemnify the Government for any liab-ility producing act or omission by the Contractor, its employees, its contract HCPs, and agents occurring during contract performance. If the Contractor uses a subcontractor in the performance of this contract, the Contractor is required to ensure that its subcontracts for the provisions of health care services contain the requirements of FAR clause 52.237-7, including the maintenance of medical liability insurance and acceptable tail coverage.

If any suit or action is filed or any claim is made against a contract HCP, which occurred as a result of work performed by the HCP under this contract, the HCP shall immediately notify the Contractor, the CO, and the designated clinic chief and promptly furnish them copies of all pertinent documents received.

H.30 Risk Mitigation Actions

The Contractor must recognize that U.S. missions operating within Somalia operate at the highest threat level where security concerns and conditions can change rapidly. The US Government plans to issue a risk mitigation plan. Once issued, a contract modification will be issued to reflect the change. Areas to be considered are Hous-ing; Travel/Movement within Country; Life Support; Medical; Training, Contractor Vetting; and Post Restric-tions. The requirements of this section will apply to all U.S. citizen and third country national contractors re-gardless of whether they work for the prime contractor or are a subcontractor employee. The risk mitigation plan does not apply to Local Nationals.

H.31 Uniforms

The Contractor elects to provide uniforms to employees, it will be done at the Contractor’s expense and not charged to the Government.

H.32 Performance Management

The Contractor shall establish the structures, processes, plans, schedules, reporting requirements, communica-tion channels, and quality control necessary to ensure successful completion of all contract requirements.

Quality Assurance Matrix:

Performance Objective Performance Standard PWS Para Performance Threshold Medical support capability provides reliable and high quality medical support.

The Contractor shall provide all staff, equip-ment, supplies, and facility necessary to provide primary and occupational health care services between the hours of 0600 and 1800hrs local time.

100% compliance with posted hours of operation on 90% of days each month.

Emergency medical sup-port, including ground emergency medical trans-port and provision of emer-gency medical care, provides reliable and high quality medical support

The Contractor shall provide all staff, equip-ment, supplies, and vehicles necessary to sup-port emergency medical transport at the paramedic level within the Aden Adde International Airport peri-meter on a 4 minute initial response time.

The Contractor shall provide all staff, equip-

90% of calls for emergency medical transport shall have a fully staffed ambu-lance response within 4 minutes.

100% of calls for emer-gency medical transport shall have a fully staffed ambulance response within 6 minutes.

Emergency medical care is immediately available 24 ment, supplies, and facilit-ies necessary to support emergency medical care to eligible personnel within the facility on the Interna-tional Campus of the Aden Adde International Airport.

The clinic must be continu-ously staffed, and care must be initiated immedi-ately upon arrival.

hours per day, 7 days per week, 100% of the time.

Emergency peri- operative care and surgical interven-tion is provided in a safe, reliable, and high quality manner.

The Contractor shall main-tain personnel, equipment, supply, and facility readi-ness to deliver pre-operative care within 15 minutes of notification, and begin operative interven-tion within 30 minutes of notification, for up to two patients simultaneously.

Emergency perioperative care is available within 15 minutes 24 hours per day, 7 days per week, 100% of the time.

Ancillary services, includ-ing diagnostic imaging and laboratory services, are provided in a safe, effi-cient, reliable, and high quality manner.

The Contractor shall provide all staff, equip-ment, supplies, and facilit-ies necessary to provide di-gital radiographic imaging, including but not limited to plain radiographs of the skull, facial bones, spine, chest, pelvis, spine, and ex-tremities.

The Contractor shall provide all staff, equip-ment, supplies, and facilit-ies necessary to provide bedside diagnostic ultra-sound, including, but not limited to, cardiac ultra-sound, lung, gallbladder, renal, pelvis (ovary, testicle, and appendix), and focused abdominal sono-graphy for trauma.

The Contractor shall provide all staff, equip-ment, supplies, and facilit-ies necessary to provide diagnostic laboratory ser-vices, including blood gas

Digital radiography is available, within 15 minutes of request, 24 hours per day, 7 days per week, 94% of days each month.

Bedside ultrasound is avail-able, within 15 minutes of request, 24 hours per day, 7 days per week, 94% of days each month.

Laboratory services are available, within15 minutes of request, 24 hours per day, 7 days per week, 94% of days each month.

Blood products are screened, shipped, stored, maintained, and dispensed in accordance with AABB standards in 100% of cases.

analysis, chemistry, blood count, coagulation studies, troponin, d-dimer, b- natri-uretic peptide, and lactate levels, as well as blood type and screening.

The Contractor shall provide all staff, equip-ment, supplies, and facilit-ies necessary to ship, re-ceive, inspect, store, and dispose of at least 20 units of packed red blood cells.

All blood products shall be screened for communicable diseases and managed in accordance with AABB (American Association of Blood Banks)

H.33 Risk Mitigation Plan--DRAFT CECAS: Risk Mitigation Plan--DRAFT ONLY

For countries with Department of Defense contingency operations and countries on the Department of State Critical Environments list requirements to mitigate risks to contractor safety and security will be directed at the task order level. These mitigations apply to con-tractor employees who are U.S. citizens or third country nationals who will be in country for more than 45 cumulative days annually.

Mitigations usually include requirements for housing, transportation, deployment training, and life support.

This risk mitigation plan applies to all not ordinarily resident U.S. citizen and third country national per-sonnel on the above listed contract(s). It does not apply to local national, ordinarily resident U.S. citizen, and ordinarily resident third country national personnel on the above listed contract(s).

The prime contractor will ensure that subcontractor personnel meeting the above criteria and working exclusively for this contract, in direct support of the U.S. government diplomatic mission, comply with this plan.

HOUSING

• The contractor shall establish housing for all personnel within the confines of a secure compound located on the Mogadishu International Airport Compound (MIA) that that has been reviewed by the Mission Somalia Regional Security Officer (RSO) and that meets the following compound security specifications:The con-tractor will provide contact information for its personnel to the RSO TOC within 48 hours of their arrival in country.

• A minimum of a nine foot anti-climb perimeter barrier along the entire length of the property.

• Armed perimeter security consisting of 24/7 guard patrol and/or manned fixed observation posts.

• Pedestrian and vehicle entry control point(s) that provides for vehicle and pedestrian screening, explosive detection equipment or explosive detection canines.

• Secondary means of pedestrian egress from the compound.

• Vehicle barriers that mitigate high speed approaches with speed control and provide anti-ram protection.

• Fire extinguisher that is certified, inspected and sufficient for the space.

• Indirect fire bunkers located throughout the compound.

• Setback between the perimeter wall and living quarters and other facilities used by residents sufficient to mitigate damage and injury from a blast.

• Residential living spaces must have a lockable substantial door.

• All man passable openings in residential living space must be securable

• The contractor will provide contact information for its personnel to the RSO TOC within 48 hours of their arrival in country.

• If required by the contract to travel in Somalia outside of the MIA compound, contractor personnel shall re-main overnight only at U.S. Government, United Nations or AMISOM facilities that have been coordinated with the program manager.

• The program manager after consultations with the RSO, may direct contractors to alter their living arrange-ments, to include moving to a different compound, if conditions become unsafe.

MOVEMENT SECURITY & TRAVEL WITHIN COUNTRY

• When travelling off the MIA compound in the Mogadishu area contractor personnel shall adhere to the fol-lowing movement security guidance:

• Limit travel off MIA to mission essential travel. Where possible, conduct meetings in secure, private venues.

• Contact the RSO TOC for coordination and guidance at least 48 hours in advance of travel, unless in extremis, in which case coordination should be conducted with the RSO TOC as soon as feasible.

• Provide the program manager with the planned itinerary, including housing arrangements if contractor personnel will remain overnight.

• Travel in fully armored vehicles with a minimum commercial B6 level or Department of State C level of armoring at all times.

• All armored vehicle movements off of MIA will include at least one armed individual who is not the driver. All ar-mored vehicles, armed personnel, and all weapons will be properly registered/licensed with the applicable authorit-ies.

• Personal protective equipment (PPE) consisting of body armor and helmets shall be available in the vehicle for each contractor passenger at all times including while riding in the vehicle.

• Each contractor will have an RSO approved Individual First Aid Kit (IFAK) to include a tourniquet.

• Each contractor will have a personnel tracking systems that is registered with the program manager.

• Use vehicles equipped with a tracking system with emergency duress notification capability and communications systems for contacting the, contractor’s headquarters, and advising the RSO TOC of serious incidents.

• When travelling beyond the local Mogadishu area to conduct site visits of INL programs contractor personnel shall adhere to the following movement security guidance:

• Limit travel to mission essential travel. Where possible, conduct meetings in secure, private venues.

• Contact the RSO TOC for coordination and guidance at least 48 hours in advance of travel, unless in extremis, in which case coordination should be conducted with the RSO TOC as soon as feasible.

• Provide the program manager with the planned itinerary, including housing arrangements if contractor personnel will remain overnight.

• Ensure that security provided by implementing partners is adequate, including the use of armored vehicles, armed security, and communications systems.

• Carry personal protective equipment (PPE) consisting of body armor and helmets.

• Carry RSO approved Individual First Aid Kits to include a tourniquet.

• Each contractor will have a personnel tracking systems that is registered with the program manager.

• Use vehicles equipped with a tracking system with emergency duress notification capability and communications sys-tems for contacting the, contractor’s headquarters, and advising the RSO TOC of serious incidents.

• The contracting officer’s representative (COR), after consultations with the Regional Security Office (RSO), may dir-ect contractors to alter their movement security arrangements, to include suspension of operations, if conditions be-come unsafe.

WORK SITE SECURITY

• The work site will be located on the Mogadishu International Airport compound. The contractor will im-plement the following security measures on the work site:

• Personal protective equipment (PPE) consisting of body armor and helmets shall be available for each con-tractor at all times.

• A RSO approved Individual First Aid Kits (IFAK) to include a tourniquet should be available for each con-tractor at all times.

• Communications systems for contacting the, contractor’s headquarters, and advising the RSO TOC of seri-ous incidents.

LIFE SUPPORT

• The contractor shall provide, or arrange to have provided, the following life support:

• A 14-day on-hand supply of food, water, fuel, and medical supplies required in the event of unexpected in-terruption of the supply chain.

• Personal protective equipment consisting of body armor and helmets.

• A feasible evacuation and drawdown plan, in accordance with host nation laws, in the event of an ordered evacuation of contractor personnel. Special consideration should be given to the limited aviation capabilit-ies in Somalia. This could have a major impact on the transit of contractor personnel and supplies as chartered or emergency flights may not be available. The plan will be submitted to the contracting officer’s representative (COR) for both COR and contracting officer (CO) review. The COR will provide a copy of the evacuation and drawdown plan to the U.S. Mission Somalia RSO for informational purposes.

MEDICAL

• The contractor is responsible for ensuring all prime and subcontractor personnel:

• Are medically and psychologically fit to work in the austere conditions found throughout Somalia.

• Deploy with medical…