Attachment 1 - Special Contract Requirements.pdf

Attachment 1 - SPECIAL CONTRACT REQUIREMENTS COMPLIANCE WITH CONTRACT REQUIREMENTS. The contractor shall ensure compliance with all contract requirements. An election to perform by subcontract (at any tier) or otherwise does not relieve the prime contractor of its responsibilities to ensure compliance.

PUBLIC RELEASE OF INFORMATION. Contractor personnel shall not publicly (or privately) discuss or release information, photographs, or other documents concerning any aspects of the materials or services relating to this contract without the express written approval of the Contracting Officer.

RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL.

a. The Government and the Contractor understand and agree that the incidental services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent.

b. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

c. The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

d. Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the

Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

PERSONNEL CERTIFICATIONS AND QUALIFICATIONS. The Contractor shall ensure that Contractor personnel assigned to perform work under this contract meet the minimum stated requirements in the PWS.

INVOICING AND PAYMENT. JIATFS Contracting Office uses the Wide Area Work Flow Receipt and Acceptance (WAWF-RA) Program. You shall have the ability to comply with implementation of Wide Are Work Flow Receipt and Acceptance (WAWF-RA) for Electronic Processing of Payment Receipt/Acceptance Documents and Payment. You must be capable of accepting electronic funds payment for this procurement. You shall invoice at the end of each month.

INSURANCE REQUIREMENTS. As the contractor shall provide services in CONUS and OCONUS locations, in accordance with FAR Part 28.301 clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act) and 52.228-5 Insurance -- Work on a Government Installation, the following types of insurance are required for this contract:

52.228-3 Workers’ Compensation Insurance (Defense Base Act)

Disability Compensation Medical Benefits Death Benefits

52.228-5 Insurance -- Work on a Government Installation

Workers' Compensation (See Note) Comprehensive General Liability Insurance for Bodily Injury Comprehensive Automobile Liability

Note: Workers' Compensation shall be provided as regulated by the Division of Workers’ Compensation, issued by a Florida Department of Insurance (FDI) licensed insurer, regulated by the FDI and guaranteed by the Florida Property and Casualty Insurance Guaranty Association.

PERSONAL RECOVERY TRAINING. Requirements for Personal Recovery (PR)/Isolated Preparation Report

(ISOPREP).

a. Personal Recovery (PR) requirement is for all US Nationals Deploying or deployed contractor personnel. Please note this training is currently only required for U.S. National contractor personnel deploying within this Area of Responsibility (AOR). It is important to understand that this requirement applies to all U.S. National contractor personnel who work for the prime or any of the subcontract tier levels on this procurement. This training will be required to be taken annually.

b. In accordance with DODD 2310.2 Personnel Recovery, DA Policy-AR 350.1, and HQ AMC Policy (dated 31

March 05), Personnel Recovery Training is a mandatory pre-deployment theater entrance training and certification requirement for this contract. The Contractor is required, for all U.S. National employees, to provide instruction and assurance of certification/compliance with the following DoD, DA, and HQ AMC PR Training:

i. Personnel Recovery Training.

ii. Anti-Terrorism-Force Protection (AT/FP Level I) Training.

iii. Civilian ISOPREP Card.

c. The Contractor shall provide documentation of the PR training on a reporting basis with the 410th CSB.

Notification, frequency, and point of contact information will be provided upon contract award with a company employing U.S. Nationals. The required documentation shall include: Employee Name, Social Security Number, Date of Training, work location, estimated arrival, and departure date.

MARKING PROPRIETARY INFORMATION. All records, files, reports, and data deemed proprietary by the Contractor shall be clearly marked in accordance with applicable laws, regulations, and clauses within this solicitation. The Contractor shall be required to identify specific portions of the records, files, reports, and data that it considers proprietary by circling, underscoring, highlighting, or other appropriate identifiers, as required by, or in addition to, applicable laws, regulations, or clauses in this contract. Data not properly marked will be considered non-compliant to solicitation requirements and may be rejected under inspection and acceptance clauses of this solicitation. Data delivered for any purpose is presumed to be properly marked, and as such, rejection of improperly marked data may occur at any time upon discovery by the Contracting Officer that such data has been mislabeled or improperly marked.

COMBAT TRAFFICKING IN PERSONS (CTIP). All Contractors, contractor employees, subcontractors, and their employees, shall be subject in addition to FAR Clause 52.222-50 to the requirements delineated in FAR Clause 52.222-50 Alternate 1.

WORKING IN OCONUS LOCATIONS. Contractor employees under this contract WILL NOT fall under the purview of Status of Forces Agreements (SOFAs) between the US Government and the host nations. As such, Contractor employees are not considered “covered individuals” and ARE SUBJECT TO host nation’s laws and regulations. For instance, if Panama requires companies to have business license in order to conduct business, then the contractor shall obtain that license to do business in that country. If the Costa Rican, Government will not issue a work permit to the Contractor then the Contractor shall have to find a work around such as use of 90 day Tourist Visas or operating through local branches, joint-ventures or wholly-owned subsidiaries (Note: These are meant as work around examples, not guaranteed solutions). As the nuances of host nation laws vary in complexity, the Government highly recommends that firms seek advice and counsel from a qualified Employment/ Labor Law Attorney(s) with knowledge of the laws and regulations in the host nations.

PERFORMANCE IN SOUTHCOM AREA OF RESPONSIBILITY (AOR)

SOUTHCOM has specific requirements that must be met in order to perform contracts in the SOUTHCOM AOR.

Specifically, the following clause applies to this acquisition:

DFARS 252.225-7987 REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN

USSOUTHCOM AREA OF RESPONSIBILITY (DEVIATION 2014-O0016) DEV (Oct 2014)