WPS III Section H - Special Contract Requirements - 06.17.20.docx

WPS III IDIQ

Section H- Special Contract Requirements V20200617

U.S. Department of State Worldwide Protective Services (WPS) III

IDIQ – SECTION H

Special Contract Requirements V20200617

Table of Contents

A. A facility security clearance (FCL) at the TOP SECRET level is required for contract performance in accordance with the DD Form 254, Department of Defense Contract Security Classification Specification. This FCL must be obtained within sixty (60) days of contract award.

1. The Contactor must hold a TOP SECRET FCL for the duration of the contract. If, at any time, the FCL is withdrawn, the U.S. Government reserves the right to terminate the contract.

2. If the Contactor’s company is sold, or purchased by another entity, the Contractor must report the sale to DS/IS/IND and to the Contracting Officer within five (5) business days of the sale.

B. A subcontractor performing on this contract is subject to the same FCL and security vetting requirements as the Prime Contractor, when subcontractor personnel require access to classified material or to areas where access to classified information cannot be precluded.

1. The Prime Contractor must notify DS/IS/IND and the Contracting Officer of any and all subcontracts before the subcontractor begins performance.

2. The Prime Contractor must notify DS/IS/IND and the Contracting Officer within two (2) business days when a subcontractor is no longer performing on this contract.

C. Performance of this Contract/Task Order shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification and FAR 52.204-2, Security Requirements.

H.1.2 Personnel Security Clearances/Public Trust Determinations for U.S. Citizen Personnel A. All Contractor-sponsored U.S. citizen candidates must be submitted for security vetting through the Industrial Security Division (DS/IS/IND) for either a Personnel Security Clearance or Public Trust Determination. Contractor personnel may not be submitted to DS/IS/IND for vetting until the Contractor has completed the candidate’s suitability screening, a written conditional offer for employment has been made by the Contractor and signed by the candidate, and the candidate has received bio approval from DS/OPO/WPS. The Contractor’s conditional employment offer shall state that in order for the individual to maintain the security clearance/public trust determination, employment at the TO place of performance must commence within one-hundred and eighty (180) calendar days of the granting of eligibility for a security clearance/public trust determination. DS/IS/IND serves as the clearing house and point of contact (POC) for security clearance/public trust determination data relating to U.S. citizens.

B. The Contractor shall ensure that the individual has been granted the appropriate security clearance for their position prior to deployment to the TO place of performance.

C. The security clearance or public trust determination shall remain in effect as long as the Contractor personnel is actively performing on contract with the company that submitted them for the security clearance, public trust determination, or security certification. If the Contractor personnel does not begin initial contract performance within one-hundred and eighty (180) calendar days a revalidation security package will be required prior to contract performance.

D. If the applicant resigns or is terminated for cause, the security clearance or public trust determination shall be administratively withdrawn.

E. DS/IS/IND shall make notification to the Contractor when U.S. personnel are required to submit for a periodic re-investigation for both security clearances and public trust determination. The periodic re-investigation security package must be submitted by the Contractor within 60 calendar days of receiving notification from DS/IS/IND. The frequency of periodic reinvestigations varies by level of clearance. The investigative record, to include clearances, and/or eligibility determinations shall be part of the individual’s personnel file maintained by the Contractor.

F. The Contractor shall immediately notify DS/IS/IND, DS/OPO/WPS, and DS/RSO within 72 hours via e-mail or letter when U.S. Contractor personnel permanently leaves or is removed from the position for which the clearance/certification was granted.

G. The Contractor (and its subcontractors) shall immediately submit to the Contracting Officer (CO), DS/OPO/WPS COR, DS/IS/IND, DS/SI/PSS, and DS/OPO/OSD a complete and detailed report of any adverse information pertaining to any employee or subcontractor employee assigned to this contract, in any capacity, regardless of whether the Contractor employee is removed from contract performance.

H. Circumstances may warrant contractor personnel to obtain a higher-level clearance than was initially required by the TO. In such cases, the Contractor shall ensure that affected personnel promptly complete and submit the clearance application and all of the other required forms/documents. If the completed security package is not received within 30 calendar days of eQIP initiation, or if the upgraded security clearance is not favorably adjudicated, the contractor personnel may not perform in that position requiring a higher-level clearance.

I. Candidates requiring Top Secret: Sensitive Compartmentalized Information (SCI) access must meet the SCI requirement prior to deployment. Those contractor employees must receive an in-brief prior to deployment. Those contractor personnel who have been SCI indoctrinated must be debriefed prior to separation from employment or contract performance. The SCI debriefing can be conducted by the Regional Security Officer prior to the Contractor employee’s departure from post.

J. Contractor candidates deploying to a human intelligence threat post must meet additional personnel security clearance criteria, as identified in the DD Form 254.

K. The Contractor shall ensure that all personnel assigned in support of TOs issued under this contract are trained and indoctrinated in the absolute requirement to maintain and be sensitive to operational security at all times.

H.1.2.1 Clearance Process for U.S. Citizen Personnel A. The Contractor shall obtain bio approval from DS/OPO/WPS for all contractor personnel requiring a security clearance or public trust determination for contract/TO performance. The Bio approval notification from DS/OPO/WPS shall be made part of the security vetting package (security package) submitted to DS/IS/IND. A security package that does not include the notification will be considered incomplete and will be cause for rejection of the submission.

B. The Electronic Questionnaires for Investigations Processing (e-QIP) system shall be utilized for all contractor personnel that require a security clearance or public trust determination for contract/TO performance. Contractor administrative access to the NP2 portal and to e-QIP requires that the Contractor employee be a US citizen and possess a minimum of a Moderate Risk Public Trust (MRPT) determination prior to access being granted. NP2 portal and e-QIP access and training will be provided by DS/IS/IND. If the Contractor chooses to utilize the Third-Party Data Entry (3PDE) feature in eQIP, then contractor personnel will require a minimum of a favorably adjudicated Tier 4 or Tier 5 investigation prior to being granted 3PDE access.

C. DS/IS/IND shall provide the Contractor guidance and training for the submission of security packages. Contractor personnel should be initiated for processing as quickly as possible; however, DS will not begin the security vetting process until the Contractor certifies in writing they have completed the approved pre-screening process and submitted all documentation required for the clearance being requested.

D. Those personnel who require security clearances or public trust determination shall not perform on this contract or subsequent TOs until their security clearance or public trust determination has been issued. The Department may grant an interim security clearance or public trust determination for a Contractor-sponsored candidate. An interim security clearance or public trust determination is acceptable for initial contract performance. If, at any time, the interim clearance or public trust determination is withdrawn, the Contractor employee must be removed from contract/TO performance immediately and at no cost to the U.S. Government until such time as a final favorable determination has been made.

H.1.2.2 Security Package Required Forms/Documents for U.S. Citizen Personnel The following forms and documentation are required for each employee submitted for security clearance and public trust determination processing. The U.S. Government reserves the right to require the use of different forms if deemed necessary. The Contractor will be advised if the use of different forms is required. DS/IS/IND will advise the Contractor to submit any additional documentation, as necessary. The Contractor shall ensure that personnel complete all forms necessary to process the security clearance or public trust determination. All required documentation shall be submitted to DS/IS/IND in English and must be readable.

A. Tier 3 / Tier 5 Investigations security package:

1. Checklist

2. Standard Form 86 (SF86) Questionnaire for National Security Positions completed via eQIP

3. Electronic/Digital fingerprints (FD258)

4. Signed Privacy Act Statement

5. Proof of citizenship

6. Applicant Itinerary

7. Bio Approval Notification from DS/OPO/WPS

8. Offer Letter from the company, signed and dated by the applicant

9. DD Form 214, Certificate of Release or Discharge from Active Duty or equivalent (as applicable)

10. Do Not Exercise form (as applicable)

11. DS-7601, Authorization to Conduct Criminal History Inquiry for Spouse or Cohabitants (as applicable)

12. Family Biographical Sketch (as applicable)

13. Kuwaiti Ministry of Foreign Affairs (MFA) Civil ID Number (as applicable)

14. Iqama (Saudi Arabian National ID Number) (as applicable)

15. Other Country Release of Information Forms (as applicable)

16. Certification of Education

17. Tax Record Documentation (as applicable)

18. Divorce Decree(s) (as applicable)

19. SF-85P/PS security package for Foreign National Cohabitant(s) or Spouse (as applicable) B. Tier 2 / Tier 4 Investigations security package:

1. Checklist

2. Standard Form 85P/PS (SF-85P/PS) Questionnaire for Public Trust Positions completed via eQIP

3. Signed DS-4002 Credit Release Form

4. Electronic/Digital fingerprints (FD258)

5. Signed Privacy Act Statement

6. Proof of citizenship

7. Applicant Itinerary

8. Bio Approval Notification from DS/OPO/WPS

9. Offer Letter from the company, signed and dated by the applicant

10. DD Form 214, Certificate of Release or Discharge from Active Duty or equivalent (as applicable)

11. Family Biographical Sketch (as applicable)

12. Kuwaiti Ministry of Foreign Affairs (MFA) Civil ID Number (as applicable)

13. Iqama (Saudi Arabian National ID Number) (as applicable)

14. National ID Card (copy of front and back of card) (as applicable)

15. Other Country Release of Information Forms (as applicable)

16. TCN Police Check Certification (Ugandan, Turkish, and Kenyan applicants only) (as applicable)

17. Certification of Education

18. Tax Record Documentation (as applicable)

H.1.3 Security Determinations for Non-U.S. Citizens A. All Contractor-sponsored third country national (TCN) candidates must be submitted for security vetting to DS/OPO/OSD to be forwarded to the office of Personnel Security and Suitability (DS/SI/PSS) for adjudication. Contractor personnel may not be processed for vetting until the conditional offer for employment has been made by the Contractor and signed by the candidate, and the candidate has received Bio approval from DS/OPO. The Contractor’s conditional employment offer shall state that in order for the individual to maintain the security certification, employment at the TO place of performance must commence within one-hundred and eighty (180) calendar days of the granting of eligibility for a security certification. DS/SI/PSS serves as the clearing house and point of contact (POC) for security determination data relating to TCNs.

B. Contactor-sponsored local national (LN) candidates apply and are processed for a security determination through the Regional Security Office (RSO) at the TO place of performance. This determination process will be further clarified in the task order and may include polygraph examination(s). If a favorable determination is not rendered, the candidate shall not perform under this Contract/Task Order. The RSO serves as the central repository for clearance data and point-of-contact (POC) relating to local nationals.

C. The Contractor shall ensure that the individual has been granted the appropriate security clearance for their position prior to deployment to the TO place of performance.

D. The security certification shall remain in effect as long as the Contractor personnel is actively performing on contract with the company that submitted them for security certification. If the Contractor personnel does not begin initial contract performance within one-hundred and eighty (180) calendar days a revalidation security package will be required prior to contract performance. Individuals, performing services under the WPS II IDIQ contract, with valid security determinations, will not be required to submit new vetting documentation until periodic re-investigation is required.

E. If the applicant resigns or is terminated for cause, security certification shall be administratively withdrawn.

F. DS/OPO/OSD shall make notification to the Contractor when TCN personnel are required to submit for a periodic re-investigation for security certifications. The periodic re-investigation security package must be submitted by the Contractor within 60 calendar days of receiving notification from DS/OPO/OSD. The frequency of periodic reinvestigations varies by level of clearance. The investigative record, to include clearances, and/or eligibility determinations shall be part of the individual’s personnel file maintained by the Contractor.

E. The Contractor shall immediately notify DS/OPO/OSD, DS/OPO/WPS, and DS/RSO within 72 hours via e-mail or letter when TCN and LN Contractor personnel permanently leaves or is removed from the position for which the security certification was granted.

F. The Contractor (and its subcontractors) shall immediately submit to the Contracting Officer (CO), DS/OPO/WPS COR, DS/IS/IND, DS/SI/PSS, and DS/OPO/OSD a complete and detailed report of any adverse information pertaining to any employee or subcontractor employee assigned to this contract, in any capacity, regardless of whether the Contractor employee is removed from contract performance.

H.1.3.1 Vetting Process for Non-U.S. Citizens A. Once Bio approval is granted by DS/OPO/WPS for TCN personnel, DS/OPO/OSD shall forward the overseas vetting questionnaire (OVQ), and supporting documentation, to DS/SI/PSS for vetting and adjudication. Once Bio approval is granted by DS/OPO/WPS for LN personnel, the Contractor is authorized to submit the required vetting package to the relevant RSO for vetting and adjudication.

B. The overseas vetting questionnaire shall be utilized for all TCN and LN contractor personnel receiving security determination.

C. A vetting package is not considered complete until the contractorvendor has conducted, at a minimum, the six (6) type of source interviews required by the DS vetting policy. Materials and instructions for conducting the source interviews will be provided by the Government. Any exceptions to the source interview requirement must be approved by the WPS/COR on a case-by-case basis.

H.1.3.2 Security Package Required Forms/Documents for Non-U.S. Citizen Personnel The following forms and documentation are required for each TCN and LN employee submitted for RSO vetting. The U.S. Government reserves the right to require the use of different forms if deemed necessary. The Contractor will be advised if the use of different forms is required. DS/OPO/OSD will advise the Contractor to submit any additional documentation, as necessary. The Contractor shall ensure that personnel complete all forms necessary to process the security certification. All required documentation shall be submitted to DS/OPO/OPS via HITS in English, or accompanied by a translation, and must be readable.

1. Signed OVQ Authorization for Release of Information via HITS

2. OVQ via HITS

3. Source Interviews

4. Electronic/Digital fingerprints (FD258)

5. Proof of citizenship via HITS

6. National ID Card (copy of front and back of card) (as applicable) via HITS

7. Certificate of Release or Discharge from Active Duty or equivalent (as applicable) via HITS

8. Family Biographical Sketch (as applicable)

9. Kuwaiti Ministry of Foreign Affairs (MFA) Civil ID Number (as applicable)

10. Iqama (Saudi Arabian National ID Number) (as applicable)

11. TCN Police Check Certification (Ugandan, Turkish, and Kenyan applicants only) (as applicable) via HITS

12. Other Country Release of Information Forms (as applicable)

13. Certification of Education via HITS

14. Tax Record Documentation (as applicable)

15. Other documents as required to validate security package claims as specified at the Task Order level.

The DS/OPO/WPS COR shall designate contractor personnel who require a Department of State PIV card or building pass for performance under this contract. These individuals shall coordinate with the COR and act in accordance with DOSAR 652.204-70, included below. The Contractor shall take all necessary action to comply with this requirement.

652.204-70 Department of State Personal Identification Card Issuance Procedures.

DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (FEB 2015)

a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcontracts when the Subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.

b) The DOS Personal Identification Card Policy and Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.

H.1.4.2 Other Credentials A. The Contractor shall:

1. Ensure that all contractor personnel obtain proper credentials, identification, and travel documentation (e.g., passport, visa, Department of Defense common access cards (CAC), Department PIV card, etc.) as required for entry/travel to the TO place of performance, and as required by the applicable TO. On a daily basis as CAC requests are made, submit (via e-mail) to DS/OPO/OSD a CAC request roster.

2. Submit all required documentation for OCONUS performance at least twenty (20) working days prior to the individual’s planned deployment/departure date.

B. In designated contingency operations areas, Contractor visibility and status will be tracked through the Synchronized Pre-deployment and Operational Tracker (SPOT) managed by the Office of the Secretary of Defense. The purpose of SPOT is to facilitate integration of contractor personnel, and to ensure that accountability, visibility, force protection, personnel recovery, and other related support can be accurately forecasted and provided.

C. The Contractor shall:

1. Accurately, timely and completely enter all required data into SPOT before contractor personnel are permitted to deploy to or enter a contingency operations area. DS/OPO/WPS will supply the Contractor with the required PIV certificate or other information to access SPOT: http://www.acq.osd.mil/log/PS/spot.html

2. Maintain, verify, and keep current all required contractor personnel data in SPOT.

3. Establish policies and procedures for the accountability and visibility of contractor personnel.

D. All contractor personnel working in a contingency operations area shall have a letter of authorization (LOA) issued and signed by the CO before being deployed to or entering the area. SPOT generates the LOA which is digitally signed by the Department’s CO or authorized DS/OPO/WPS COR once the Contractor has submitted the required documentation and certification that its personnel meet the deployment requirements found in WPS III IDIQ, Section C – Statement of Work and the applicable TO.

E. When an LOA request is submitted in SPOT, the Contractor shall submit (via e-mail) to DS/OPO/OSD an daily LOA request roster and the following documents:

1. HITS Bio document approval letter

2. IND Clearance Letter

3. Evidence of completion of initial firearms training on all WPS III required firearms

4. TSRs and Certs for all required WPS III training courses for the CLIN

5. Current weapons qualification record (Score Sheet, or TSR new employees)

6. Current PRT test score

7. Date of first rabies vaccine along with projected scheduled dates for the rabies series.

H.2 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 their 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 its respective TO.

B. If, in the opinion of the Contractor, any requests are made that calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall not proceed with the requested work, and shall notify the CO in writing (via e-mail) within two (2) working days after the receipt of any such instruction, with a copy to the DS/OPO/WPS COR and DS/OPO/WPS GTM.

H.3 Interdiction and Restraint Provisions A. Legal authority to detain individuals, effect arrests, or conduct other law enforcement activities (e.g., search, seizure of assets, etc.) in a foreign country, including on COM property, is reserved for host nation law enforcement personnel and U.S. Federal law enforcement personnel. Contractor personnel have no authority to make arrests or to detain individuals other than as permitted to private citizens under host country law.

B. This is distinct from contractor personnel who are conducting security operations including search/pat downs, interdiction, and restraint of individuals due to security concerns, in accordance with DS and post policy.

H.4 Permits, Licenses, and Bonds The Contractor shall secure and maintain all permits, licenses, and bonds required to perform this contract in accordance with all applicable U.S., host nation, and third country laws, decrees, and regulations. After TO award, the U.S. Government may, at its discretion, assist the Contractor in obtaining any required permits and/or licenses, however the Contractor bears principal responsibility and any associated risk of loss for obtaining such. If such U.S. Government-provided assistance is required by the Contractor, the Contractor shall submit a timely written request (via e-mail) to DS/OPO/WPS and CO. However, such U.S. Government-provided assistance is not guaranteed and does not guarantee that the Contractor will receive the necessary licenses and/or permits.

Permits, licenses, and bond requirements may be required in order to begin performance at the task order level; however, certain host nation permits, licenses, and bond requirements may be required prior to submitting a task order proposal.

H.5 Taxes and Duties A. Performance on a U.S. Government 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.

B. 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 TO place of performance 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 H.6 International Code of Conduct Compliance A. The Contractor shall be a member of the International Code of Conduct for Private Security Service Providers’ Association (ICoCA) in good standing, i.e., not currently suspended or terminated from the ICoCA. The Contractor shall operate in accordance with the principles of the International Code of Conduct for Private Security Service Providers (ICoCA).

B. The Contractor shall conform to the requirements set forth in the American National Standards Institute (ANSI) standard entitled PSC-1-2012, as revised, for the duration of their performance under this contract.

H.7 Special Government Assistance A. Under circumstances where the Contractor is unable to ship materials required by the U.S. Government to the OCONUS TO place of performance, the Department may, at its discretion, arrange for shipment through Department channels upon request.

B. Under special circumstances where the Contractor has shipped materials required by the U.S. Government to the respective OCONUS TO place of performance but the host nation customs authority is refusing to release those materials without U.S. Government intervention, the Department may, at its discretion, provide assistance in arranging that release. Nothing herein relieves the Contractor of its bearing the risk of loss for any impacts to time or money caused by or resulting from such third-party actions.

C. Upon request, the U.S. Government may, at its discretion, provide assistance to the Contractor in acquiring needed visas, permits, and licenses to provide services at the TO location.

D. The Contractor shall submit all requests, with justification and supporting documentation for special Government assistance in writing to the CO and the DS/OPO/WPS COR. The U.S. Government will refuse any request for assistance where the Contractor has not demonstrated significant effort to accomplish the task on its own. The U.S. Government provides such assistance on a case-by-case basis, and the Contractor’s having received prior assistance is no guarantee of receiving such assistance in the future.

E. The U.S. Government makes no guarantees of efficacy in cases where assistance involves host nation engagement. Furthermore, U.S. Government assistance does not absolve the Contractor of the responsibility to meet contract requirements.

H.8 Personnel and Subcontractor Personnel Salary Benefits A. The U.S. Government shall have no responsibility or liability for payment of any wages or benefits to the Contractor’s personnel and its subcontractors’ personnel, including those associated with severance pay as defined by local law.

B. The U.S. Government, its agencies, agents, and personnel and subcontractor personnel shall not be made or alleged to be part of any legal action or obligation regarding these benefits, which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, severance pay, sick or health benefits, childcare, or any other benefit, the Contractor is responsible for these payments.

H.9 Diplomatic Status Contractor personnel are not afforded diplomatic status of any kind under the Vienna Conventions on Diplomatic and Consular Relations, unless specifically and personally identified as being accorded such status by the host nation.

H.10 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 familiar with and comply with all applicable:

1. U.S., 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.

4. Force protection, security, health, or safety orders, directives, SOPs, and instructions issued by DS/OPO/WPS COR, DS/OPO/WPS GTM, DS/RSO, DS/RSO COR, and CO.

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 TO place of performance and/or the WPS III contract.

2. Contract sanctions and termination.

3. Arrest.

4. Civil and/or criminal prosecution.

H.11 Drug Free Workplace Requirements A. To protect national security, eliminate any risk to the health, welfare and safety of the public, Department personnel, and contractor personnel, and increase productivity in the workplace, the Contractor shall provide a safe and drug-free work environment at the TO place of performance.

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 personnel, 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 perform any one of the essential functions of the position the individual is holding/performing (see WPS III IDIQ – Attachment 4, Standards of Conduct).

D. As part of its standards of conduct, the Contractor shall include drug, steroid, and alcohol prohibitions, which are in accordance with or stricter than this contract’s requirements, including those found in WPS III IDIQ – Attachment 4, Standards of Conduct. The standards shall also set forth the action to be anticipated in response to identified illegal drug and/or alcohol use.

E. Prior to employment, the Contractor shall provide a notice to all Contractor applicants explaining:

1. That the individual’s position(s) has been designated as a testing position.

2. That the individual will be subject to reasonable suspicion, incident driven, random, periodic, arrival, and other drug, steroid, and alcohol testing (urine or breath) by the U.S. Government.

3. That refusal to submit to such testing will result in disciplinary action.

F. As a prerequisite to providing services under a WPS III TO, each Contractor applicant shall acknowledge in writing that:

1. The individual has received, read, and understands the notice which states that the individual’s position has been designated for reasonable suspicion, post-accident, random, periodic, return-to-duty, and other drug, steroid, and alcohol testing by the U.S. Government.

2. Refusal to submit to such testing will result in disciplinary action.

G. Signing the above notice is a requirement to working under the TO. The signed copy of the notice shall be filed in the individual’s personnel folder at the TO place of performance for U.S. Government inspection (see WPS III IDIQ – Section C.10.1.3.2- Task Order Personnel Record Keeping System).

H.12 Worker’s Compensation Insurance (Defense Base Act) A. 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.

B. 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.13 Insurance Requirements As required by FAR 52.228-5, Insurance – Work On A Government Installation (Jan 1997), the Contractor shall, at no additional cost or expense to this contract or the U.S. Government, provide and maintain, in addition to any other insurance coverage required elsewhere in this contract, the following types of insurance in the amounts specified:

1. 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 compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except 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 insurance coverage of at least $5,000,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

2. General Liability –The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form policy of at least $5,000,000 per occurrence.

3. 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 U.S. shall provide coverage of at least $2,000,000 per person and $2,000,000 per occurrence for bodily injury and $2,500,000 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.

4. 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 $2,500,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $2,000,000 multiplied by the number of seats or passengers, whichever is greater.

5. Vessel Liability – When contract performance involves use of vessels, the Contractor shall provide vessel collision liability and protection and indemnity liability insurance.

6. Medevac Insurance – The Contractor shall provide medevac insurance (non-DBA) for all employees traveling to the TO place of performance and any locations as assigned to include OCONUS training locations required to meeting training contract requirements. Coverage shall be at least $1,000,000 per person covering medical evacuation, repatriation, and repatriation of remains.

7. Medical Professional Liability Insurance – The Contractor shall provide professional liability occurrence-based (or claims-made with a pre-funded tail of not less than three years) medical malpractice insurance in an amount of $1,000,000 per occurrence / $3,000,000 aggregate with by-name inclusion of all personnel providing medical care and services under this contract or its task orders.

8. The Contractor, at no additional cost or expense to the contract or the U.S. Government, shall provide and maintain during the entire period of performance of this contract whatever insurance is legally necessary.

H.14 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 discharge of any firearms assigned to the Contractor’s personnel.

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

H.15 Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR) A. The Contractor shall comply with § 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost or expense to the contract or the U.S. Government.

B. Additionally, the Contractor shall implement formal export control compliance policies and procedures and provide a copy to the Department prior to the Initial Operating Capability phase of transition. The Contractor shall provide a point of contact to DS/OPO/WPS and the CO for compliance coordination and maintain compliance records for Department review upon request.

C. Failure to comply with AECA and ITAR by the date of commencement of contract performance as well as during the entire period of performance under this contract may result in contract termination. Any penalties imposed upon the Contractor as a direct result of being found non-compliant with AECA and ITAR shall be the responsibility of the Contractor. For additional information on AECA and ITAR, see https://www.pmddtc.state.gov/ddtc_public H.16 Key Personnel A. The U.S. Government-identified personnel positions/labor categories listed below are considered essential to the work being performed under this contract and applicable TOs.

1. Local Program Manager

2. Deputy Program Manager

3. Project Manager

4. Operational Medical Director

5. Director of Training B. Additional U.S. Government-identified essential personnel positions/labor categories may be identified in the applicable TO.

C. During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the DS/OPO/WPS COR within two (2) calendar days after the occurrence of any of these events and provide a detailed explanation of the circumstances necessitating the proposed substitution, and a complete biographical information (BIO) submission package via the High-Threat Integrated Tracking System (HITS) for the proposed substitute within ten (10) calendar days, along with any additional information requested by the DS/OPO/WPS COR. The proposed substitute must receive DS/OPO/WPS COR approval prior to providing services under this contract.

D. After the first ninety (90) days of performance, the Contractor may substitute a key person if the Contractor determines the change is necessary. However, prior to making that substitution, the Contractor shall provide a complete BIO submission package via HITS for the proposed substitute, and any additional information requested by the DS/OPO/WPS COR. The proposed substitute must receive DS/OPO/WPS COR approval prior to working/providing services under this contract.

E. The DS/OPO/WPS COR will notify the Contractor within seven (7) calendar days after receipt of all required information of the decision on the substitution. The U.S. Government will modify the contract to reflect any changes in key personnel.

F. If any Contractor key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) calendar days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify DS/OPO/WPS COR. Upon notification, the Contractor shall promptly submit a request to the DS/OPO/WPS COR to replace such personnel with personnel with at least the ability to mitigate risk and maintain continuity of operations in their area of responsibility.

G. If the DS/OPO/WPS COR determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the CO for default or for the convenience of the U.S. Government, as appropriate, or, at the discretion of the CO if he/she finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the U.S. Government for any resultant delay, impact, loss, or damages.

H.17 Vehicle Operator Requirements Contractor personnel who operate vehicles in performance of this contract shall have a current valid license issued by the state of residence or country of operation appropriate for the vehicle (class) being operated, issued by the state of residence or country of operation. All operators shall have maintained an operating record without significant traffic violations or vehicle crashes during the preceding five (5) years and during the period of performance of this contract. The exercise of common sense, good judgment, and sound discretion is required in the decision on whether a traffic violation or vehicle crash is considered significant. For example, a traffic violation resulting in loss of license, jail sentence, being found negligent in a vehicle crash which resulted in bodily injury or being fined over $500, would each be considered significant by the U.S. Government. Contractors operating vehicles at the TO place of performance are required to meet all minimum Post Motor Vehicle Policy requirements.

H.18 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, Organizational and Consultant Conflicts of Interest, 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 CO. 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 CO, the U.S. Government may terminate the contract for default.

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

H.18.1 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, organizational, 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 contract.

B. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or any of their respective successors in interest in the activities covered by this clause as a prime Contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar 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 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.

D. 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 IDIQ 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 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 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.

3. Submit an unsolicited proposal to the U.S. Government which is based 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 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.

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.18.2 Subcontractors and Consultants A. The Contractor shall obtain and provide to the Department an…