Attachment 11 - H Clauses.pdf

Attachment 11

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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H.1 TASK ORDERING PROCESS (AUG 2026)

Services will be procured via the award of Task Orders (TOs) issued against the basic contract. The Government intends to order services throughout the period of this contract. Special procedures apply to the TOs. These procedures are provided below.

1. Task Order Procedures

1.1 Government Requirement

When the Government has a requirement, the Contracting Officer (CO) will notify the Contractor(s) of:

(1) the work to be performed; (2) the performance period and (3) any other information considered to be of assistance to the Contractor in preparing a proposal.

Notification will be made in the form of a Fair Opportunity Proposal Request (FOPR), as further described below. The FOPR may be transmitted by any means, typically e-mail also, the standard method of transmission. The FOPR will not obligate the Government to issue a TO, nor will it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor’s receipt of a fully executed contract document.

1.2 Task Order Competition

TO proposals will be evaluated by the Government using the process described below:

Past Performance: For the initial TOs during the first 12 consecutive months, all contractors are considered “neutral” under the TO competition process. After 12 months, Contractors failing to meet contract requirements or services summary requirements may have a negative impact to past performance. Failure to receive an award or propose after the first 24 months of the ordering period will also result in negative impact to the contractor’s past performance.

Technical: The CO may ask for a technical proposal to ascertain the contractor’s understanding and capability of performing the PWS.

Price: The CO will ask for a final price. Price will be evaluated in accordance with FAR 15.404.

Best Value: The Government will award to the offeror, who has the best value, based on acceptable past performance, technical acceptability, and price. The Government may tradeoff past performance and price; or experience, qualifications and price. Education may substitute for experience and vice versa when appropriate.

Fair Opportunity Proposal Request (FOPR): The CO will issue a written FOPR and will forward it to the contract awardee for consideration.

The FOPR will include (at a minimum):

• Date of order

• Description of services – Type of CLIN(s) to be used

• Government Furnished Property (if applicable)

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• Any other pertinent data including historical labor data detailing what labor categories were used previously to meet PWS requirements

• How the Government will evaluate proposals, i.e. description of evaluation criteria as it relates to best value

Proposal Submission

Contractors are highly encouraged to submit a competitive proposal for every requirement solicited. If a Contractor does not provide a proposal in response to a FOPR, a notification statement is due to the CO not later than the proposal due date to ensure the proposal request was received. Lack of participation in TO competitions will be considered in the Government’s evaluation of the contractor’s performance.

Any questions pertaining to the FOPR shall be submitted to the CO in writing, via email, within two (2) calendar days of FOPR issuance. In the event issues pertaining to a FOPR cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw or cancel the proposed TO without award.

In such event, the contractors will be notified, via email, of the CO’s decision and this decision shall be final and conclusive and shall not be subject to the “Disputes” clause or the “Contract Disputes Act”.

The contractor’s TO proposal shall be submitted to the CO within 30 calendar days of the FOPR date of order, unless a longer period is granted by the ordering CO. If the 30th calendar day falls on a Saturday, Sunday, or a Government holiday, the contractor’s TO proposal shall be due on the first work day following the 30th calendar day. TO pricing shall be based on the Period of Performance (POP) including any Options. TO proposals shall be valid for 90 calendar days after the required submission date.

The following information and any additional information (as requested) in the FOPR shall be provided in the proposal:

1. Labor category(ies), skill levels and number of hours (CME Equivalences) number(s) of personnel.

The number of hours to be worked by each labor category with rationale.

2. Rationale why each labor category, skill level and number of personnel is necessary to perform the PWS to include knowledge and expertise required. The Contractor shall provide a sanitized resume for each candidate demonstrating that the candidate meets the PWS requirements. The Contractor shall verify all licensures, certifications and qualifications detailed in the PWS. In specific circumstances, indicated in the individual FOPRs, education may be waived by the CO if the individual has applicable experience.

3. Proposals shall meet the minimum requirements specified in the PWS.

4. An overall plan for the Contractor’s management approach and proposed technical solution, especially for unique requirements.

5. Identification of any unique Government furnished property/materials/data required for performance if not already identified in the FOPR.

6. The place of performance shall be specified and applicable onsite or offsite rates shall be used for pricing. IAW FAR 7.108, TOs using telecommuting shall specify offsite rates and shall demonstrate how requirements to access Government information/computer systems will be met at the expense of the contractor. All travel shall be IAW the Joint Travel Regulations.

7. TO specific teaming arrangement, if applicable.

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8. TO specific Organizational Conflict of Interest mitigation plan, if applicable.

9. Letters of Intent signed by both the potential employee and the company, if applicable.

Task Order Award

Upon receipt of proposals, the CO and the requiring activity will evaluate the proposals according to the evaluation criteria noted above, and issue a TO to the Offeror whose offer provides the best value to the Government, all evaluation factors considered. Upon award, a TO will be transmitted to the contractor on a DD Form 1155.

The proposed personnel shall physically begin performance no later the first business day of the TO PoP unless a later date is specified in the TO. Upon notification of TO award, the awardee shall notify the CO within 2 days if it is anticipated that any proposed candidates will not begin on the first business day of the TO PoP, or as specified in the FOPR.

1.3 Task Order Performance

When the Contractor experiences any delays in performing the requirements of the PWS, the Contractor shall notify the CO and the COR within five business days of known issue. The CO will evaluate the situation to determine if an extension of the dates is appropriate. If an extension is not approved, the Government may terminate the TO for default or seek other remedies as appropriate. After termination, the TO will be awarded to the Contractor who provided the next valid, best value offer to the Government without re-competition if within 90 days of original award or the requirement may be re-competed. Non-performing contractors will receive a negative past performance report which may impact the contractor’s ability to compete for future TOs on this contract and other Government contracts.

2. Contract Management

2.1 Recruit

In response to a FOPR, or during contractor performance, when replacing and substituting personnel, the Contractor shall recruit qualified resources from outside of the Government to fulfill the duties, qualifications, and requirements in the PWS. The Contractor shall find, conduct competency-based screening against Government minimum requirements, obtain initial background checks, and submit qualifying documentation, as part of the recruiting requirement. Failure to screen applicants prior to proposing them as a candidate, will result in a negative past performance reporting, which may impact the contractor’s ability to compete for future TOs on this contract and other Government contracts.

2.2 Place

In response to a TO award or during contractor performance, when replacing or substituting, the Contractor shall place qualified personnel to provide requested services. The Contractor shall: verify qualifications against subsequent Government minimum requirements; submit complete and accurate credentials packages on all credentialed personnel; establish appointments with the Unit Security Managers on the first duty day; ensure completion of the necessary security investigation package; and ensure personnel for initial and replacement fills remain in place or are replaced within 10 business

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days. Failure to place qualified personnel will result in negative past performance reporting, which may impact the contractor’s ability to compete for future TOs on this contract and other Government contracts.

2.3 Manage

During contract performance, the Contractor shall manage the workforce by maintaining fill and retention rates, maintaining continual qualifications without Government involvement within the timeframes specified in the Services Summary, and managing replacements and substitutions requirements that ensure no vacancy exceeds 10 consecutive business days. Failure to manage contractor employees in accordance with established company Human Resource Handbook or published procedures will result in negative past performance reporting, which may impact the contractor’s ability to secure future TOs on this contract and other Government contracts. The Contractor shall not use Government employees to record arrival or departure times, report absenteeism, sign payroll timesheets or complete corporate appraisal reports. The Contractor shall have an internal management process in place to confirm hours worked and conduct performance assessments.

2.4 Resolve Performance Issues

During contract performance, the Contractor shall resolve all performance issues identified by the Government. Failure to address performance issues will result in negative past performance reporting, which may impact the contractor’s ability to secure future TOs on this contract and other Government contracts.

2.5 Conduct

The Government may request the removal of any personnel when his/her conduct interferes with proper order or professionalism at the installation where services are performed. The Contractor shall comply with such requests. Failure to do so may be cause for action under the Termination clause in Section I, Contract Clauses.

2.6 Potential Threat

The Contractor shall not employ individuals who are potential threats to the health, safety, security, general wellbeing, or operational mission of the Department of Defense (DoD) and its population. This shall include individuals who are a potential threat because of felony convictions. The Government has wide latitude to disapprove or revoke security credentials due to disclosed or undisclosed derogatory information found during the NACI. Failure to properly vet potential candidates may impact the contractor’s ability to secure future TOs on this contract and other Government contracts. Employing individuals who are potential threats, may be cause for action under the Termination clause in Section I, Contract Clauses.

2.7 Personal Services

Some TOs will require personal services as described in Defense Federal Acquisition Regulation Supplement (DFARS) 237.104 and shall be subject to day-to-day supervision and control by Government Quality Assurance Personnel (QAP). Supervision and control is the process by which the contracted personnel receives technical guidance, direction, and approval with regard to tasks within the

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requirements of the contract. The Contractor shall provide all tools, labor, equipment and materials required to place the personnel, in accordance with the terms and conditions of this contract and all related TOs.

2.8 Licensure

All non-credentialed personnel who require a license to practice shall have and maintain an active, valid unrestricted, current medical license (with no limitations, stipulations or pending adverse actions) in a U.S. jurisdiction. All licenses and/or certifications must be unencumbered and remain in effect during contract employment.

3. Contract Data The Contractor shall maintain sufficient automated data processing equipment (ADPE) to support all TOs. In some instances, equipment will be provided by the functional area, as noted/listed in the Government Furnished Property section of the TO PWS.

The Contractor shall submit data in a format compatible with standard office software tools. Exceptions, if any, will be identified in individual PWS.

The Government shall retain unlimited rights to all data and deliverables developed at Government expense, under and for the TOs of this contract. If data is developed or gathered but not delivered to the Government as part of a TO, the Contractor shall still maintain the information in a master file, in the appropriate electronic format. The Contractor shall grant the Government unlimited or Government purpose rights to this master file information. The master file shall be organized by TO, maintained in a format consistent with regulatory and statutory rules and properly safeguarded to protect classified or sensitive information. Upon completion of any TO, the Contractor shall deliver the contents of the master file to the Government.

H.2 USE OF NON-COMPETES (AUG 2026)

The Contractor shall not prohibit their employees (by means of a non-compete, or other legal document), from obtaining employment of another Contractor during the period of performance set forth in this contract.

H.3 SERVICE CONTRACT LABOR STANDARDS (AUG 2026)

A. The Service Contract Act (SCA) of 1965 was enacted to ensure that Government contractors compensate their service workers fairly, but it does not cover bona fide executive, administrative, or professional employees. FAR Part 22 states that a wage determination is “a determination of minimum wages or fringe benefits made under sections 2(a) or 4(c) of the Act (41 U.S.C. 351(a) or 353(c)) applicable to the employment in a given locality of one or more classes of service employees.”

B. The Department of Labor issues Wage Determinations that show the minimum wages to be paid to employees in various classifications. Wage determinations for the non-professional positions governed

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by the Service Contract Act of 1965 will be incorporated at the Basic Contract level. When a Task Order is issued, the applicable Wage Determinations in effect for the contract at that time will be utilized.

Upon exercising Task Order options, the current Wage Determination in effect at the contract level will apply.

C. When a contractor believes an awarded position description has a relationship with an existing classification not currently identified above, the contractor must match (conform) the position description with the appropriate classification prior to beginning work IAW FAR 22.1019(a). For position descriptions that do not have an existing classification, the contractor must submit an SF 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer prior to the required start work date on the Task Order IAW FAR 2.1019(a).

2. Wage Adjustments A. When revised wage determinations reflect a minimum wage or health and wellness increase or decrease in wage or fringe benefits, the contractor may be due a rate adjustment to cover the change.

This process is initiated by a request from the contractor to the ordering Contracting Officer. That request for a wage adjustment must include relevant supporting documentation, including payroll records. Payroll records are key, as the contractor will not be due an adjustment when the worker has already been compensated at a rate exceeding the increased minimum wage. Also, the adjustment amount can vary depending on how benefits are provided. Keep in mind that any adjustment to the wages must be based on what is received in relation to the wage determination requirement as outlined in FAR 52.222-43(d)(1).

H.4 ORGANIZATIONAL CONFLICT OF INTEREST FOR TASK

ORDER (AUG 2026)

This clause establishes the rules that will apply to task order competitions. The purpose of this clause is to accomplish the following three objectives:

(1) to inform prospective Offerors that the 711th Human Performance Wing (HPW) presumes that award of a task order may give rise to real or apparent Organizational Conflicts of Interest (OCIs) with respect to other requirements or contracts within the HPW;

(2) to assist current contractors and prospective Offerors in developing their own business strategies regarding participation in HPW requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and

(3) to ensure that all current contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all HPW requirements consistent with the restrictions required under FAR 9.5 and all supplemented requirements; and sound business practices.

The Contractor, its parent, subsidiaries or affiliates and all of its agents (including officers, managers, employees, consultants, and subcontractors) will fully comply with FAR 9.5 and all supplemented requirements for efforts in support of HPW activities. The contractor will ensure that all confidential and

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sensitive information will be fully protected. Such information will include, but not be limited to, all source selection sensitive information, Government plans or strategies, and all proprietary information of other companies during contract performance. The disclosure of information shall not constitute a grant of any species of right, title, interest, or property in or to said information.

The purpose of this clause is to ensure the Contractor understands the absolute need to prevent conflicting roles that could or may bias its support to the HPW and its AF-wide responsibilities.

To ensure that any support provided by the Contractor, its personnel, or its agents, is free of any bias in judgment or objectivity and to preclude the Contractor, its personnel, or its agents, from any unfair competitive advantage in current or future acquisitions, the Contractor will implement at a minimum the following:

A. Organizational Isolation

B. Company Wide Policy Implementation

C. Non-Disclosure Agreements

Contractors that participated in more than one requirement or contract with HPW programs may give rise to an unfair competitive advantage or the appearance of an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information.

Furthermore, contractors that participate in more than one area may give rise to a real or apparent loss of contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

If the Contractor in the performance of this contract, assists in the preparation of a requirement, or provides information leading directly, predictably and without delay to the preparation of a requirement, it is agreed by the parties that the Contractor’s parent companies, subsidiaries, and any organization with which the Contractor is affiliated through an ownership or direct financial interest shall be ineligible to participate in any competition to obtain award of a contract or task order to perform for the Government the work described within said requirements documents.

Performing work under this contract may involve access to competition sensitive information or nonpublic information of other companies. The Contractor must limit the use of competition sensitive and nonpublic information coming from the Government or from third parties to the purposes specified in the contract or task order by:

(1) safeguarding the competition sensitive and nonpublic information from unauthorized use and disclosure;

(2) limiting access to the competition sensitive and nonpublic information to only those individuals who need it to perform services under the contract or task order;

(3) informing individuals who may have access to competition sensitive and nonpublic information about their obligations to use the information only to perform the services specified in the contract or task order and to safeguard the information from unauthorized use and disclosure;

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(4) obtaining a copy of a signed non-disclosure agreement from each individual who may have access to competition sensitive and nonpublic information and providing the non-disclosure agreement to the contracting officer upon request;

(5) reporting any violations of the requirements set forth in this paragraph to the contracting officer;

the report must include a description of the violation and what actions have been taken by the contractor in response to the violation.

Any contractors wishing to submit a proposal under this ID/IQ contract supporting the HPW must include the following as part of its offer:

A. Perform a comparative analysis of the potential new work against all current and previous work performed in support of HPW. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the contractor believes that its performance of the proposed new work would create a real or perceived OCI.

B. If the Offeror/Contractor believes that a real or perceived OCI may exist as a result of an award involving access to nonpublic information, the contractor shall also submit an OCI Avoidance or Mitigation Plan with its proposal. If, however, the offeror/contractor has assisted in writing the work statement, budget, cost estimate, or source selection plan for a proposed task order, or if the offeror/contractor is already performing under another task order or contract that would require it to evaluate its offer for or performance of a proposed task order, the offeror/contractor will be barred from competing for or participating as prime contractor or subcontractor on that proposed task order unless the Contracting Officer submits a waiver of the OCI.

The Contracting Officer may prepare a waiver for the Agency Head to approve only if no other contractor submits a qualifying, technically acceptable offer on the proposed task order.

The Contracting Officer will review the comparative analysis and the Avoidance or Mitigation Plan (if required), in accordance with FAR 9.5 and all its supplements to determine whether award to that Offeror/Contractor is consistent with the FAR requirements. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the Government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award. If the Offeror/Contractor is unaware of any OCI in accepting work under this task order, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any future award, if awarded the task order. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners, or consultants prior to involving any such party under this task order.

The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government. If the Contractor discovers an actual or potential organizational conflict of interest not previously considered or adequately mitigated under this clause or if the Contractor receives information that contains a mark indicating that the Contractor should not have received the information, prior to any additional planning, the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer.

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This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation.

The Contractor shall routinely monitor its proposed business development and shall discuss any real or perceived OCI issues with the Contracting Officer and affected customers to proactively resolve and/or mitigate those potential OCI issues. After conducting such further inquiries and discussions as may be necessary, the Contracting Officer and the Contractor shall agree on appropriate corrective action, if any, or the Contracting Officer shall direct such action, subject to the terms of this contract.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this task order, the Government may terminate this task order (if breach is identified after award), disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract. Prior to a contract modification involving a change to the PWS, or an increase in the level of effort or extension of the term of the task order, the Contractor shall submit any applicable OCI disclosure or an update of the previously submitted disclosure or representation.

OCI Considerations Checklist

The Offeror/Contractor should at a minimum review the considerations listed below in determining whether or not a conflict of interest exists:

a. Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have Unequal Access to Information? Would award to the Offeror result in the Offeror having the opportunity to access nonpublic information that may give the Offeror a competitive advantage in a later competition for a Government contract? Specifically, will the Offeror/Contractor have access to any of the following information:

i. Budget(s), or Budget Information. Acquisition Sensitive Information related to the procurement process to include, but not limited to Acquisition Plans, Requirements, Statements of Work, or Evaluation Criteria?

ii. Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have “impaired objectivity” because the Offeror’s ability to render impartial judgments may be compromised because of its conflicting role(s) on this effort and other Government contracts?

iii. Do “biased ground rules” exist? Most commonly, this would include a situation where the Offeror has, as a Government contractor, written specifications or a PWS for this effort, which could skew competition in favor of itself?

iv. Is the Offeror aware of any other information relating to this proposed contract/order, which could reasonably be construed as creating an OCI?

Organizational Isolation The Contractor will ensure that its work in support of the HPW is organizationally isolated and is independent from any business units. It is the responsibility of the corporate officers to completely

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ensure that there are no compromises of Air Force or other Government sensitive information within and among all business units of its organization. Information received by Contractor personnel shall be shared only with those Contractor personnel who must be so informed to enable Contractor to accomplish the purposes stated herein.

The Contractor and its corporate officers will have the responsibility and authority to ensure that the Confidentiality Agreements are understood and executed by all Contractor personnel (defined as consultants, employees, subcontractors and subcontractor personnel) that come in contact with HPW information or support HPW activities. In addition, upon request, Contractor’s personnel will sign program specific Non-Disclosure forms thereby prohibiting the release or use of any HPW-related information without the specific approval of the Contracting Officer.

The Contractor’s senior management and officers fully understand and respect the need for the HPW to have absolute discretion to ensure that all conflict issues are appropriately addressed to the satisfaction of the Government. Issues arising in this area must be directly elevated to the COR, the Program Manager for the Contract or the activity that the Contractor is supporting, and the Contracting Officer.

When requested by other companies involved in source selection processes or contract performance, upon request, the Contractor will enter into company-to-company agreements to protect the proprietary rights of those other companies.

Company Wide Policy Implementation All of the Contractor’s personnel supporting the 711th HPW and its activities must be briefed and familiar with Organizational Conflict of Interest (OCI) issues, policy, sensitivities, and corporate commitments. The Contractor must ensure that both new and existing personnel are briefed upon contract award and prior to performance of contract requirements. All Contractor personnel supporting the 711th Human Performance Wing must receive annual OCI Refresher Training, the same as the annual security refresher training. OCI issues must be given emphasis equal to protecting classified information and the “need to know” philosophy applies to both.

All Contractor personnel supporting the HPW and its activities are required to sign an individual Non- Disclosure Agreement (NDA) prior to supporting any Government activity. The NDA covers the protection of proprietary, programmatic, budgetary or source selection sensitive information, as well as the requirement to not transfer that same information to any person or business entity that has not been authorized to receive such information by appropriate Government personnel. These NDAs will include commitments not to solicit or accept such information from any individual including Air Force Program Managers and Senior Managers unless such information is required to perform work under this contract with the HPW or its activities.

The Contractor will establish a process for timely review of all emerging and existing Air Force business opportunities that have a potential OCI with HPW activities. Any OCI identified by the Contractor will be immediately reported to and discussed with the Contracting Officer’s Representative or appropriate Program Manager; if deemed necessary by the Contracting Officer, then further resolution/mitigation strategies will be implemented by the Contractor as required.

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When reach back capabilities are used (reach back capability is defined as non-dedicated internal corporate resources to provide short-term support to a specific requirement), the corporate resources will be deemed Contractor personnel, and are subject to the restrictions in this policy.

The Contractor will review potential OCI impacts, propose mitigation as appropriate, brief the individual(s) providing the support on the OCI requirements, and require the personnel providing reach back support to sign the NDA prior to beginning performance. Similar processes will be applied to any potential subcontractors or consultants who may provide support to HPW activities under this Contract.

No Contractor employee will participate in any source selection evaluation process or requirements drafting (i.e. writing SOWs) unless specifically requested and approved by the Source Selection Authority and the Contracting Officer, IAW with FAR 9.5 requirements. The Government and the Contractor agree that when an employee of the Contractor is involved in any activity specified in FAR 9.5 as part of this Contract, in order to preserve the integrity of the procurement process, the Contractor and its personnel will be precluded from award of any contract, subcontract, or task order resulting from that particular matter for the life of this Contract, unless the Contracting Officer determines otherwise.

The Contractor shall ensure that all its employees who are former Government employees (i.e., civilian, active duty, guard/reserve) are in compliance with post-Government employment rules as set forth in DoD 5500.7-R (Joint Ethics Regulation) and have obtained an ethics opinion from the appropriate Agency Ethics Official prior to start of work on this contract.

Cross-Teaming Mitigation Plan The Offeror shall disclose all cross-teaming arrangements and associated mitigation plans. The principle for Cross-Teaming Mitigation Plans should be to avoid all potential and actual Organizational Conflict of Interest (OCIs), and eliminate all concerns that there could be potential problems leading to inability to meet the contractual requirements. Features of an effective plan likely will include separate physical locations, separate work forces, separate management, separate computer systems, and a representation that there will be no “cross-talk” or information shared between the two affiliates in connection with all future task orders and task order proposals.

When a prospective Contractor has an unmitigated OCI conflict or the Contracting Officer cannot determine fair and reasonable pricing, the Government reserves the right to exercise some or all of the following remedies:

• Render Contractor(s) ineligible for award for the specified task order and/or future contract;

• Require prospective Contractor(s) withdrawal from at least one team when affiliates participate on two different teams in the same acquisition.

• When the Prime Offeror proposes and subcontracts with more than one Prime Contractor for the same effort the Government may evaluate the prospective proposal(s) as high risk that may result in no award.

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H.5 LIABILITY INSURANCE (AUG 2026)

Before commencing work under a contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained by the prime contractor and their teaming partners/subcontractors. The following insurance as referenced in FAR 28.306 (b)(1) and 28.307 is the minimum insurance required:

1. General liability.

Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

2. Automobile liability.

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.

3. Workers' compensation and employer's liability.

Contractors are 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 coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

H.6 RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED

PERSONNEL (AUG 2026)

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval in accordance with Title 5, USC, Section 5536, DoD 5500.7-R (1993), as amended, and service directives. The Contractor shall notify the Government if a prospective employee is the spouse or family member of a Government employee. Although not necessarily a disqualification, steps may need to be taken to prevent appearances of a conflict of interest, nepotism or other forms of favoritism in the workplace.

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H.7 CONTRACTOR EMPLOYEE STATUS (AUG 2026)

The Air Force does not dictate whether the individual workers provided under this contract would be classified by the Contractor as an “independent Contractor” or an “employee” for federal tax purposes.

This determination is made solely by the employing contractor. If the Contractor’s determination is challenged, this shall be a matter to be resolved between the contractor, the Internal Revenue Service (IRS), and the A&AS personnel. The Air Force will not consider favorably any request for equitable adjustment to the contract based upon the contractor’s receipt of an adverse action by the IRS.

H.8 CONFIDENTIALITY OF INFORMATION (AUG 2026)

Unless otherwise specified, all financial, statistical, personnel, and/or technical data which is furnished, produced or otherwise available to the contractor management staff or A&AS personnel during the performance of this contract are considered Government confidential business information and shall not be used for purposes other than performance of work under this contract. The contractor management staff and/or the A&AS personnel shall not release any of the above information without prior written consent of the Contracting Officer. All medical records, medical data and reports remain the property of the Government. Patient lists, no matter how developed, shall be treated as confidential information in accordance with the Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA). Lists and/or names of patients shall not be disclosed to or revealed in any way for any use outside the 711th Human Performance Wing, except through AFMS specified processes. All inquiries and complaints shall be brought to the attention of the Government representative, COR.

H.9 PARTNERSHIP MEETINGS (JUL 2026)

The Contracting Officer, Program Manager and other appropriate Government personnel will meet annually with the Contractor to review the Contractor’s performance. These meetings will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor will apprise the Government of problems, how the problems were resolved and successes, if any, experienced. The Contractor will also notify the Contracting Officer (in writing) of any work being performed that the Contractor considers over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be held at Wright-Patterson AFB, Dayton Ohio, at contractor expense. Reporting and tracking methods will be outlined and reported at these meetings.

The performance meeting will also cover performance measures, contractor performance, and program benchmarking and any significant events.

A. The minutes of these meetings will be documented in writing, signed by the Contracting Officer and any other signatories as deemed appropriate, and distributed to the Program Manager and the respective Contractor. Should the Contractor not concur with the minutes, the Contractor will provide written notice to the Contracting Officer identifying any areas of non-concurrence within 10 business days of the meeting.

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H.10 TASK ORDER VACANCIES (AUG 2026)

The Contractor shall replace personnel such that vacancies will not exceed 15 consecutive business days except in the case of the sudden loss due to serious illness, injury or death, where the vacancy will not exceed 15 business days. For all other cases, the consecutive business days begin when the contractor employee terminates employment. The replacement must begin work no later than 15 consecutive business days after the previous personnel departed the position. If the vacancy exceeds 15 business days, the contractor’s negotiated price may be decremented for consideration and the contractor will receive a negative past performance report which may impact the contractor’s ability to compete for future TOs on this contract and other Government contracts.

Substitute or Temporary Coverage

The Contractor will substitute personnel whenever a temporary absence is expected to exceed 15 consecutive business days. The Contractor shall notify the CO and COR within two weeks of any projected absences exceeding 15 consecutive business days and ensure no temporary absence exceeds 15 consecutive business days through the use of a qualified substitute. Contractor coverage for shorter term absences will not be required unless specified in the TO proposal request. Failure will result in price decrement and negative past performance reporting, which may impact the contractor’s ability to compete for future TOs on this contract and other Government contracts.

3. Contract Data