Attachment 2 Draft IDIQ PWS.docx

Air Base Air Defense (ABAD) in support of:

United States Air Forces in Europe – Air Forces Africa (USAFE-AFAFRICA) Air Base Air Defense (ABAD)

Draft Performance Work Statement

SECTION 1 MISSION AND PURPOSE

The United States Air Force (USAF) directs operations from forward deployed locations worldwide and throughout the ten Geographic Commands. ABAD operations are conducted in, from, and through all domains (air, land, maritime, space and cyberspace), across all phases of operations and environments. The USAF is adapting its power-projection and defense concepts to operate under a greater threat of attack, a combination of ABAD measures, both kinetic and non-kinetic. The specific mix sensors, non-kinetic, and kinetic systems, etc. will vary depending on the political geography of the region, adversary capabilities, and U.S. objectives. Integration and fusion of multiple sensors, weapons systems across the entire spectrum of a mesh networked “Kill Web” to Find, Fix, Track, Target, Engage, and Assess (F2T2EA) a spectrum of threats, from small UAS to Hypersonics, enables Joint, Defense, National, and Coalition actionable real time information and response options for the Commander and Warfighter.

The United States Air Forces in Europe – Air Forces Africa (USAFE-AFAFRICA) is a combined Component Command for two geographic unified commands, United States European Command (USEUCOM) and the United States Africa Command (USAFRICOM). Its mission, to forward project power across air, space and cyber domains, defend United States (U.S.) interests, demonstrate warfighting readiness, and forge strong partnerships in support of USEUCOM and USAFRICOM campaign objectives. USAFE-AFAFRICA supports a range of military operations which require the ABAD capabilities identified in this contract.

This contract will provide the full spectrum of ABAD capabilities for DoD service components, like USAFE-AFAFRICA, as well as other strategic and operational partners throughout the USEUCOM and USAFRICOM area of responsibility (AOR).

SECTION 2 OBJECTIVE

The objective of this Operations & Maintenance (O&M) Indefinite Delivery Indefinite Quantity (IDIQ) service contract is to provide persistent, multi-role, cross-domain ABAD capabilities that increase deterrence/engagement options, survivability, and increase base security/defense posture. This contract will support freedom of movement, increase partnership capacity and interoperability, and foster global security and stability throughout the AORs.

SECTION 3 SCOPE

The following task are required in support of this IDIQ service contract for ABAD:

Task 1 – Program Management

Task 2 – Air Base Air Defense operations, maintenance, and logistics services

Task 3 – Air Base Air Defense Weapon Systems

Task 4 – Weapon system, sensor, and command and control integration

Task 5 – Kinetic and non-kinetic counter-threat options

Task 6 – Systems Engineering/Special Studies

Task 7 – Training and exercise support

SECTION 4 TASKS

TASK 1 – PROGRAM MANAGEMENT

The contractor shall provide program management support under this contract. This includes the management and oversight of all activities performed by contractor personnel, including subcontractors, to satisfy the requirements identified in this Performance Work Statement (PWS). This contract is in support of a multi-tenant customer environment – defined as multiple Government entities with the need to separately track project management and contract elements such as requirements, deliverables, and costs. The Government will issue Task Orders (TO) against the ABAD IDIQ contract to identify and track these separate mission and operational support needs. A TO will provide specific technical instructions and amplifying details that assist in successfully executing a requirement. The contractor shall identify a program lead for each TO.

TASK 2 – AIR BASE AIR DEFENSE OPERATIONS, MAINTENANCE, AND LOGISTICS SERVICES

The contractor shall provide a broad range of site operations, maintenance, support, and logistics services. The objective of this task area is to assist identifying, preparing, planning, activating, operating, maintaining, and decommissioning (commonly referred to as pre-deployment, deployed, post-deployment, and re-deployment site support) base defense operational sites. This task area also encompasses the logistics support services required in achieving the objectives. The support to be provided under this contract includes, but is not limited to, the following:

a. Conduct Pre-Deployment Site Surveys (PDSS) to assess site requirements and develop scope, cost estimates, resources and equipment, and transportation to activate a site.

b. Assist in procuring, transporting, installing, and maintaining site infrastructure.

c. Identify and document site inadequacies and implement improvements to existing infrastructure (e.g., runway, hardstand, power, security, mess, billeting and communications, fuel, etc.) as required.

d. Document, track, POAM, and report on progress of implementation for site support requirements.

e. Develop and maintain site-specific Standard Operating Procedures (SOP).

f. Provide shipping, transportation, and logistics support for all contract furnished equipment.

g. Identify, coordinate, and complete host nation requirements, such as, clearances, country import and export licenses, etc.

h. Comply with local base operating procedures, such as, facility, safety, security, etc.

i. Identify, coordinate, and assist in properly disposing of hazardous materials.

j. Comply with Host-Tenant Support Agreement (HTSA) as required.

k. Provide support for Government or Contractor Owned Contractor Operated (GOCO/COCO) operations.

l. Teardown, package, track, transport, and ensure all GFE and CFE is removed and returned for post-deployment/decommissioning.

m. Provide a Redeployment Technical Report that includes steps or actions required, materials and resources to be moved, and costs and schedules associated with the redeployment.

n. Utilize the Military Distribution System and DoD Activity Address Code (DoDAAC) for shipping and receiving GFE and CFE.

o. Provide a supply management system tracking all equipment, supplies, and resources in transportation to and from the site.

p. Provide onsite security personnel for site access control, site monitoring and patrol, asset protection, etc.

TASK 3 – AIR BASE AIR DEFENSE WEAPONS SYSTEMS

The contractor shall provide a broad spectrum of ABAD platforms, platform systems, and associated services that enable ABAD operations to be conducted in, from, and through all domains (air, land, maritime, space and cyberspace). The objective of this task area is to provide customers with a menu of capabilities that can satisfy the mission requirement. This primarily includes contractor-provided platforms and platform systems that can be integrated with government furnished systems. The ABAD weapons platforms and platforms systems to be provided shall support airborne, cyberspace, ground, and space-based operations. The contractor shall provide research, design, development, engineering, installation, integration, testing, upgrades, enhancements, and maintenance services in support of ABAD platforms and platform systems. The support to be provided under this task includes, but is not limited to, the following:

a. Deploy, setup, operate, maintain, and ensure availability of the ABAD platforms and platform systems.

b. Provide research and development on emerging capabilities to assist in the advancement of capabilities.

c. Assist in analyzing mission requirements and developing solutions to support the implementation of ABAD platforms and platform systems. This activity may be accompanied by a project plan that outlines the solution requirements, scope, schedule, costs, and resources for project necessary for implementation.

d. Provide lifecycle maintenance (i.e., troubleshoot, repair, replace, spares, etc.) support on platforms and platform systems including associated ground support equipment, hardware/software, and other ancillary components. This activity may be accompanied by a formal maintenance schedule.

e. Develop and deliver operational manuals as required.

f. Provide equipment specifications for platforms and platform systems as requested.

g. Design, develop, upgrade, and test software components for ABAD system and subsystems.

h. Provide installation, integration, testing, and configuration for ABAD systems. This activity may be accompanied by delivery of documentation that supports accreditation packages for DoD Information Networks and Systems.

i. Provide calibration testing, user testing, ground testing, flight testing, and other system checkouts on equipment, platforms and systems as required.

j. Ensure systems, subsystems, and payloads are fully integrated, functional, and compliant with applicable DoD data and interoperability standards.

k. Coordinate with operators to ensure platforms and systems meet the airworthy, technical, capability, and accreditation requirements for the mission.

TASK 4 – WEAPON SYSTEM, SENSOR, AND COMMAND AND CONTROL INTEGRATION

The contractor shall assist in planning and executing the full spectrum of ABAD operations. The objective of this task area is to employ ABAD capabilities in all applicable operational domains (air, land, maritime, space and cyberspace). Unless otherwise specified, the contractor is responsible for ensuring runway, hardstand, power, security, mess, billeting and communications (NIPR, SIPR, spectrum management and backhaul communications), and services effectively support operations. The support to be provided under this task includes, but is not limited to, the following:

a. Assist in operational planning and analysis, develop and refine a CONOPS, and provide recommendations that improve operations.

b. Provide ground and flight operational expertise leveraging manned, unmanned, cyber, and stationary ABAD platforms.

c. Conduct pre and post operational inspections, safety tests, system checks, etc in preparation for operations.

d. Designate the lead to assist in planning and implementing the ABAD CONOPS.

e. Plan, coordinate, and report to the Government Operations Representative as required for ABAD operations.

f. Develop Ground Operating Procedures (GOP) and Flight Operating Procedures (FOP) as required.

g. Ensure all applicable certifications, clearances, and approvals are complete (e.g. diplomatic clearances, and other host/partner nation forms and requirements, etc.).

h. Document, track, and report on requested operational metrics, such as, work/time logs, exercise data, etc.

i. Maintain and coordinate personnel proficiency training, work/time logs, and training records.

j. Complete mission and crew pre-briefings, de-briefings, and applicable risk assessments.

k. Comply with all technical orders, GOPs/FOPs, SOPs, test, and appropriate procedures.

l. Provide assessments on the mission factors, safety, and environmental conditions impacting operations and provide recommendations. This activity may be accompanied by written determination if impacting a go/no-go operational decisions.

m. Provide timely platform and system safety related alerts, data, bulletins, etc.

TASK 5 – KINETIC AND NON-KINETIC COUNTER-THREAT OPTIONS

The contractor shall provide a broad range of ABAD Kinetic and Non-Kinetic Counter-Threat options. The objective of this task area is to provide platforms and systems infrastructure that optimize the ability to sense, track, target and when required defeat a broad spectrum of potential threats. The contractor shall provide research, design, development, engineering, testing, integration, enhancements, and maintenance services associated with ABAD and its equipment and infrastructure. The support to be provided under this task includes, but is not limited to, the following:

a. Provide research and development on emerging ABAD capabilities.

b. Assist in gathering and analyzing existing and planned ABAD requirements. This activity may be accompanied by a project plan that identified the requirements/scope, cost, and resources for implementing ABAD requirements.

c. Procure, install, configure, and maintain ABAD infrastructure.

d. Monitor ABAD platform performance to determine changing infrastructure requirements and provide recommendations.

e. Maintain accountability of equipment in accordance with policies and procedures.

f. Provide architectural documentation or document specifications pertaining to ABAD.

g. Provide lifecycle maintenance support for ABAD and all associated platforms, systems, hardware/software components.

h. Develop and maintain SOPs as required.

i. Ensure ABAD systems and platforms meet applicable standards, policies, directives for the DOD.

j. Assist in providing cybersecurity and Information Assurance to protect data.

k. Assist in designing and developing interoperability and information sharing solutions for ABAD, associated systems, and ABAD networks.

TASK 6 – SYSTEMS ENGINEERING and SPECIAL STUDIES The contractor shall provide Systems Engineering and Special Studies as required. The objective of this task area is to provide research and development on emerging capabilities to support the mission requirement as required. This is to assist in gathering and analyzing mission requirements and provide recommendations on ABAD and associated systems capabilities based on the requirements. This activity may be accompanied by a project plan that identifies the requirements/scope, cost, and resources for implementing ABAD capabilities. All collected data shall be deemed U.S. Government property and shall not be used and/or released without expressed written Government consent. The activities to be provided under this task area includes, but is not limited to, the following:

a. Provide exploitation tactics, techniques, and procedures (TTP) leveraging open source information, social media, foreign language interpretation/translation, and other data sources.

b. Develop TTPs that assist in executing ABAD requirements, Request For Information (RFI), etc.

c. Document, track, POAM, and report on processes and requirements throughout the ABAD lifecycle.

d. Identify, document, and recommend solutions to address ABAD gaps.

e. Ensure all data and equipment is controlled in accordance with COMSEC requirements.

f. Develop and deliver briefs and products in support of the customer’s requirements.

TASK 7 – TRAINING & EXERCISES

The contractor shall provide assistance in training and exercise support initiatives as requested by the Government. This includes routine U.S. military training and exercises and bilateral and multilateral exercises and training involving NATO allies and partners. The objective of this task area is to provide customers with operational training in platforms, platform systems, and other capabilities in various simulated training environments. The activities to be provided under this task area includes, but is not limited to, the following:

a. Research, develop, and deliver tailored training briefs and formal courses.

b. Assist in developing, reviewing, and coordinating plans, policy, and programs related to training assets and capabilities and integrating them into operational and strategic mission requirements.

c. Provide resources and simulations to produce state-of-the-art live, virtual, constructive exercises and real-world mission rehearsals.

d. Provide subject matter expertise to instruct customers in unique areas of the operational environment, political landscape, languages, and tools and technology.

e. Participate in scheduled demonstrations and major command exercises.

f. Provide coordination for the transportation of personnel, equipment, and resources to support training and exercise events.

SECTION 5 SECURITY CLEARANCES

All contractor personnel (including subcontractors, if proposed) under this contract are required to be U.S. citizens and have the appropriate level of personnel security clearance before performing any work. Security clearance requirements for personnel are subject to change throughout the contract. The Government will provide the contractor with notice of any change in personnel clearance requirements.

At a minimum, contractor personnel shall possess a SECRET clearance or higher with exception to limited back-office or program management roles that do not require access to classified information. Designated contractor personnel requiring access to TOP SECRET/Sensitive Compartmentalized Information (TS/SCI) will be identified to the Government in advance of the operational tasking. Some of the data sources and locations of customer supported activities may require Top Secret/Specialized Compartmented Information (SCI) and Alternate Compensatory Control Measures (ACCM) access. Task DD254 will be issued to support clearance requirements. In general, all necessary facility and employee security clearances shall be at the expense of the contractor. The contractor shall comply with all security requirements.

SECTION 6 INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)

The contractor and/or its subcontractors may be required to generate, or need access to, export-controlled items. It is the responsibility of the contractor, as the exporter, to obtain the appropriate export license or exemption(s). The Government will work with the contractor post-award and assist the contractor in obtaining the appropriate export license or exemption(s). The contractor shall comply with all U.S. laws, policies, and regulations applicable to the exchange of information with foreign nationals and foreign countries, including but not limited to the ITAR, the Export Administration Regulations (EAR), and policies of the requiring activity’s foreign disclosure office, in accomplishing the requirements. The contractor shall refer to DFARS Clause 252.225-7048, Export-Controlled Items (Jun 2013) for compliance. The contractor may be required to release or exchange information with representatives of Five Eyes, NATO, and all countries/nation states within the AOR and/or AOI.

SECTION 7 CONTRACTOR IDENTIFICATION

As stated in 48 CFR 211.106, Purchase Descriptions for Service Contracts, contractor personnel shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and by displaying distinguishing badge lanyards, badges, or other visible identification for meetings with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

SECTION 8 FACILITY CLEARANCE LEVEL (FCL)

The contractor shall adhere to and comply with the security guidelines and requirements outlined in the Department of Defense (DD) Form 254 which requires the contractor to possess a TS Facility Clearance. The Government will provide appropriate Security Classification Guides (SCG) and additional instructions within the DD Form 254. The contractor shall follow instructions for Public Release requirements and Disclosure Policy references in the DD Form 254 Contract Security Classification Specification Block 12 as well as additional security guidance and requirements in Blocks 13 and 14.

SECTION 9 ADEQUATE COST ACCOUNTING SYSTEM

The adequacy of the contractor’s accounting system and its associated internal control system, as well as contractor compliance with the Cost Accounting Standards (CAS), affect the quality and validity of the contractor data upon which the Government must rely for its management oversight of the contractor and Contract performance. The contractor’s cost accounting system shall be adequate during the entire period of performance and shall permit timely development of all necessary cost data in the form required by the Contract.

SECTION 10 APPROVED PURCHASING SYSTEM

The objective of a contractor purchasing system assessment is to confirm it is a Government-approved purchasing system and evaluate the efficiency and effectiveness with which the contractor spends Government funds and complies with Government policy with subcontracting. A Government-audited and approved purchasing system (e.g., approved by DCAA or Defense Contract Management Agency (DCMA)) is a mandatory requirement.

When reviews are conducted of the purchasing system during the performance of the TO, the contractor shall provide the results of the review to the Government assigned CO within ten workdays from the date the results are known to the contractor.

SECTION 11 TRAVEL

As all contractor personnel are DoD-sponsored contractor personnel, the contractor shall ensure that all official and leisure travel complies with the requirements stipulated in the DoD Foreign Clearance Guide (FCG), host-country-specific requirements, and other applicable regulations.

SECTION 12 TRAVEL REGULATIONS

Contractor costs for travel will be reimbursed at the limits set in the following regulations (see FAR 31.205-46):

a. FTR - for travel in the contiguous U.S.

b. JTR, Volume 2, DoD Civilian Personnel, Appendix A - prescribed by the DoD, for travel in Alaska, Hawaii, and outlying areas of the U.S.

c. DSSR (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances for Foreign Areas” - prescribed by the Department of State, for travel in areas not covered in the FTR or JTR.

SECTION 13 TRAVEL AUTHORIZATION REQUESTS (TAR)

Before undertaking travel to any Government site or any other site in performance of this TO, the contractor shall have this travel approved by, and coordinated with, the Government assigned COR. Notification shall include, at a minimum, the number of persons in the party, traveler name, destination, duration of stay, purpose, and estimated cost. Prior to any long-distance travel, the contractor shall prepare a Travel Authorization Request (TAR) for Government review and approval. Long-distance travel will be reimbursed for cost of travel comparable with the FTR, JTR, and DSSR.).

Requests for travel approval shall:

a. Be prepared in a legible manner.

b. Include a description of the travel proposed including a statement as to purpose.

c. Be summarized by traveler.

d. Identify the TO number.

e. Identify the CLIN associated with the travel.

f. Be submitted in advance of the travel with sufficient time to permit review and approval.

The contractor shall use only the minimum number of travelers and rental cars needed to accomplish the task(s). Travel shall be scheduled during normal duty hours whenever possible.

SECTION 14 MATERIALS AND EQUIPMENT AND ODCs The Government may require the contractor to purchase materials and equipment and ODCs, to include hardware, software, and related supplies critical and related to the services being acquired under the TO. Such requirements will be identified at the time a TO is issued or may be identified during the course of a TO by the Government or the contractor. If the contractor initiates a purchase within the scope of the contract, the contractor shall submit to the Government assigned COR a Request to Initiate Purchase (RIP). If the prime contractor is to lose an approved purchasing system, the contractor shall submit to the Government assigned CO a Consent to Purchase (CTP). The RIP and CTP shall include the purpose, specific items, estimated cost, cost comparison, and rationale. The contractor shall not make any purchases without an approved RIP from the Government assigned COR or an approved CTP from the Government assigned CO.

SECTION 15 INTELLECTUAL PROPERTY RIGHTS

The existence of any patent, patent application, or other intellectual property right that encumbers any deliverable must be disclosed in writing on the cover letter that accompanies the delivery. If no such disclosures are provided, the data rights provisions in DFARS 252.227-7013 and 252.227-7014 apply.

SECTION 16 CONTRACTOR IDENTIFICATION

As stated in 48 CFR 211.106, Purchase Descriptions for Service Contracts, contractor personnel shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and by displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

SECTION 17 DEFENSE BASE ACT (DBA) INSURANCE

Pursuant to FAR 28.305, DBA insurance coverage provides workers’ compensation benefits (medical, disability, death) in the event of a work-related injury or illness outside the U.S.

The Government requires that employees hired by contractors and subcontractors who work internationally be protected by the DBA coverage, regardless of their assignment and/or location unless a waiver has been obtained by the U.S. Department of Labor (DoL).

DBA insurance may be charged as either a direct or indirect cost consistent with the contractor’s CAS D/S and DCAA-approved accounting system, and shall be furnished to the CO within 30 days of award of the TO. Whether DBA insurance is charged as a direct or indirect cost in accordance with the contractor’s CAS D/S, the contractor shall submit a RIP(s) prior to incurring the costs. If required and approved by the Government assigned CO, additional DBA riders may be charged as a direct cost to the Government.

SECTION 18 STATUS OF FORCES AGREEMENTS (SOFA)

A SOFA defines the legal status of DoD personnel, activities, and property in the territory of another nation and set forth rights and responsibilities between the U.S. and the host government.

Invited Contractor and Technical Representative (TR) status shall be governed by the SOFAs negotiated and implemented by DoS and DoD. The contractor shall coordinate with the Government to satisfy all requirements mandated by the governing regulations for the specified country or theater. The contractor shall be responsible for determining what requirements are applicable. It is agreed that the withdrawal of Invited Contractor or TR status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. shall not constitute grounds for excusable delay by the contractor in the performance of this contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, withdrawal of SOFA status for any reason shall not serve as a basis for the contractor filing any claims against the U.S.

There is one SOFA for NATO nations and the terms of that SOFA apply to all NATO allies and most Partnership for Peace nations. In Germany, the NATO SOFA has been supplemented by an additional international agreement, called the Supplementary Agreement (SA), signed by Germany and six “sending states” (U.S., UK, Canada, France, Belgium, and the Netherlands). The Supplementary Agreement further defines the rights and responsibilities of the sending and the receiving states. In Italy, the U.S. and Italy have signed the bilateral “Shell Agreement” of 1995, which serves to define the rights and responsibilities of the sending and the receiving states (the U.S. and Italy). Outside of NATO, the U.S. has entered into “stationing agreements” with the host country anywhere U.S. Forces are stationed.

The contractor shall coordinate with the Government assigned COR to ensure appropriate approval for all contractor personnel. The contractor shall develop an SOP that, at a minimum, details the approval process, roles and responsibilities of contractor and government personnel, and how the contractor will manage arrivals and departures of personnel for the entire performance period of the contract. This SOP shall be submitted to the Government as a part of the contractor’s Program Management Plan (PMP). The contractor shall operate in accordance with the most recent Government-approved version of the SOP/PMP.

The contractor shall notify the Government assigned COR, within 24 hours, when an individual’s status under SOFA must be terminated for any reason. This includes all subcontractor, consultant, etc. personnel supporting the contractor.

The contractor is responsible for ensuring it understands the applicable procedures, regulations, etc. applicable to each place of performance under this contract. The Government will not reimburse the contractor for any costs associated with failing to follow applicable procedures, regulations, etc. that apply to obtaining visas, permits, legal status, etc.

SECTION 19 GERMANY

The DoD Contractor Personnel Office (DOCPER) is responsible for implementing the Agreements of March 27, 1998, and the Agreements of June 29, 2001, signed by the U.S. Embassy and German Foreign Ministry, establishing bilateral implementation of Articles 72 and 73 of the SA to the NATO SOFA. These two Articles govern the use in Germany of DoD contractor employees as Technical Experts (TE), Troop Care (TC) providers, and Analytical Support (AS) contractor personnel. Because this contract proposes to employ TE and AS personnel in Germany, the contract itself and the applications of individuals seeking TE/TC/AS status under the contract are required to be submitted through DOCPER for approval before performance under the contract can commence in Germany.

The contractor shall comply with Army in Europe (AE) Regulation 715-9 (Contractor Personnel in Germany – Technical Expert, Troop Care, and Analytical Support Personnel); AE Regulation 600-700 (Identification Cards and Individual Logistics Support); and with all guidance provided by the Government, including, but not limited to, DOCPER.

DOCPER is responsible for receiving, evaluating, and approving contractor employment applications before providing those applications to the German government for final approval. Contractor personnel who receive a TE Status Accreditation (TESA) or AS Status Accreditation (ASSA) will be permitted to work in Germany under the terms and conditions of the SOFA and applicable AE regulations. The contractor shall not employ personnel without TESA or ASSA under this contract in Germany unless the request has been coordinated with the DIA/USEUCOM TPOC and Government assigned COR and approved by the Government assigned CO. The contractor shall ensure that all personnel, including subcontractors, are legally able to work in Germany. The Government will not become a party to any contractor residence or tax issues. Contractor personnel who have approved status under either Article 72 or 73 of the SA to the NATO SOFA will be eligible for Individual Logistic Support (ILS) in accordance with AE Regulation 600-700.

SECTION 20 UNITED KINGDOM (UK)

A UK visa, also commonly referred to as an “entry stamp,” “entry visa,” “entry clearance,” “entry clearance stamp,” or “entry clearance visa” shall be obtained for all contractor personnel and eligible dependents prior to relocation to the UK.

The contractor shall be responsible for ensuring their company is registered with the Office of the Special United States Liaison Officer at the U.S. Embassy in London, UK, in order to establish eligibility for SOFA Civilian Component passport stampings under the terms of the Special Memorandum of Understanding dated July 7, 1987. The contractor shall comply with all guidance provided by the Government.

SECTION 21 ITALY

The United States Sending State Office (USSSO) for Italy is the DoD diplomatic-legal office responsible for supervising the administration of the NATO SOFA in Italy. While the USSSO performs as the legal advisor to the U.S.DATT, the Office of Defense Cooperation, and the U.S. Embassy Country Team, the USSSO is primarily the legal representative in Italy for USEUCOM. The USSSO also coordinates and advocates U.S. Forces’ positions on numerous SOFA and non-SOFA issues to the Italian Government and its military, the U.S. Ambassador to Italy, and the Ambassador’s Country Team. DOCPER is responsible for processing all contractor requests for TR status on behalf of the USSSO.

The contractor shall comply with AE Regulation 550-32 (Tri-Component Directive for Italy on Personal Property, Rationed Goods, Motor Vehicles and Drivers’ Licenses, Civilian Component and Technical Representative Status) and with all guidance provided by the Government, including, but not limited to, DOCPER and USSSO. All contractor personnel (and eligible dependents) with a place of performance in Italy are required to obtain a visa issued by an Italian Consulate prior to entering Italy, there are no exceptions.

Contractor personnel who receive TR status will be permitted to work in Italy under the terms and conditions of the SOFA and applicable AE regulations. The contractor shall not employ personnel without approved TR status under this contract in Italy unless the request has been coordinated with the DIA/USEUCOM TPOC and Government assigned COR and approved by the Government assigned CO. The contractor shall ensure that all personnel, including subcontractors, are legally able to work in Italy. The Government will not become a party to any contractor residence or tax issues.

SECTION 22 RELOCATION AND REPATRIATION

The Government will reimburse the contractor for reasonable and allowable costs, as determined by the Government assigned COR and CO, associated with relocating and repatriating personnel from/to the individual’s CONUS home of record. In determining what is considered reasonable and allowable, the Government will consider FAR 31.205-35 and what is afforded to U.S. Government civilian employees under the JTR.

If the Government reimburses the contractor for an individual’s relocation expenses, that individual shall commit to a minimum 24 month service commitment, which commences when the individual arrives at the designated place of performance and begins work, under the contract and in the place of performance that the individual was relocated to at Government expense. If that individual vacates the position and/or place of performance prior to the 24 month mark, the contractor shall either refund the relocation expenses back to the Government or the contractor shall bear all costs associated with back-filling that position whichever is greater. The Government will consider exceptions to this policy on a case-by-case basis. The contractor shall address all requested exceptions with the Government assigned COR and the final decision will be made by the Government assigned COR and CO.

The contractor shall develop an SOP that outlines in detail the contractor’s processes and procedures for managing relocation and repatriation activities and the contractor’s proposed relocation and repatriation costs. This SOP shall be submitted to the Government a part of the contractor’s PMP. The contractor shall operate in accordance with the most recent Government-approved version of the SOP/PMP.

Prior to incurring any costs associated with the relocation and/or repatriation of personnel that the contractor intends to charge to the Government, the contractor shall submit an RIP that identifies the specific charges and estimate associated costs for the Government assigned COR’s review and approval.

Travel-related expenses associated with the relocation and/or repatriation of personnel shall be submitted in a TAR and charged under the travel CLIN. This includes, but is not limited to, airfare, lodging, and per diem expenses incurred prior to the individual obtaining housing and becoming eligible for Living Quarters Allowance (LQA). The Government will reimburse the contractor for lodging and per diem costs associated with relocation and/or repatriation utilizing the flat rate per diem model, at the 31 to 180 day rate regardless of how long the contractor occupies temporary housing. Reimbursement will be for one individual only regardless of family size.

SECTION 23 OCONUS ALLOWANCES

The Government will reimburse the contractor for the allowances and benefits identified by the Government assigned CO. If an allowance or benefit is not specifically identified in the contract and the contractor would like the Government to consider allowing for reimbursement, then the contractor may submit a request in writing to the Government assigned COR and CO that contains, at a minimum, a summary of the request, a justification for why it is in the Government’s best interest, and the associated estimated cost(s). Final decisions will be made by the Government assigned COR and CO and if necessary, the TO will be modified.

SECTION 24 QUARTERS ALLOWANCE

Section 100 of the DSSR outlines quarter’s allowances which include:

a. Temporary Quarters Subsistence Allowance

b. LQA

c. Extraordinary Quarters Allowance The Government will reimburse the contractor for LQA expenses only (item b. above), in accordance with DSSR Chapter 130 – Living Quarters Allowance, under this contract. The Government will not reimburse the contractor for any other quarters allowances identified in the DSSR which includes items a. and c. above. LQA will be reimbursed in accordance with the provisions of DSSR Chapter 130 – Living Quarters Allowance and at the rates established by the DSSR specific to each foreign location.

DSSR Chapter 136 – Personally Owned Quarters and DSSR Chapter 137 – Allowance for Necessary and Reasonable Initial Repairs, Alterations, and Improvements Under Unusual Circumstances are not applicable to this contract.

The contractor shall develop an SOP that outlines in detail the contractor’s processes and procedures for managing LQA. At a minimum, the SOP shall address the Government requirements identified in the contract and roles and responsibilities. This SOP shall be submitted to the Government a part of the contractor’s PMP. The contractor shall operate in accordance with the most recent Government-approved version of the SOP/PMP.

As stated in DSSR Chapter 131.1, the purpose of LQA is to reimburse the contractor for the annual cost of suitable, adequate, living quarters for the employee and his/her family. The rates established by the DSSR specific to each foreign location represent the maximum amount that may be reimbursed by the Government in a 12-month period for an individual. Key Personnel identified in the contract are eligible for reimbursement at the Quarters Group 2 rate. All other contractor personnel, determined by the Government assigned COR to be eligible for LQA reimbursement, will be reimbursed at the Quarters Group 3 rate. The Government will not reimburse any expenses and/or costs that exceed the DSSR specified maximum amount.

Contractor personnel are not eligible for LQA reimbursement from the Government until approved by the Government assigned COR. Prior to incurring any LQA costs that the contractor intends to charge to the Government, the contractor shall submit an RIP to the Government assigned COR that includes, at a minimum, the employee name, location, labor category, family size, and the requested monthly LQA amount based on the projected actual costs. Once the RIP has been approved by the Government assigned COR, the contractor is permitted to invoice at the approved monthly amount. Once the RIP has been approved, if the contractor would like to change the monthly amount for an employee(s), the contractor shall submit a new RIP that contains a justification for the change.

The LQA amounts reimbursed by the Government to the contractor shall not in any circumstances exceed the actual costs paid by the contractor. As a result, the contractor shall conduct an annual reconciliation to determine:

a. The maximum LQA amount that each contractor employee was eligible to receive in accordance with the rates established by the DSSR specific to each foreign location.

b. The actual costs incurred by each contractor employee.

c. The amount of LQA that each contractor employee received from the Government.

The annual reconciliation shall be completed for all contractor employees who received LQA during the applicable contract period of performance. In the annual reconciliation, the contractor shall determine if the Government either over- or under-paid any contractor employees. The contractor shall also determine if any adjustments to current LQA amounts, due to either gross over- or under-payment, are necessary and if so, the contractor shall submit new RIP(s) within seven workdays.

Once the Government assigned COR has accepted the annual reconciliation, the contractor may submit an invoice to the Government for any additional LQA owed. If the contractor owes the Government a credit due to over-payments, the contractor shall provide that credit within 30 calendar days of the Government assigned COR’s acceptance of the annual reconciliation. The Government reserves the right to request back-up documentation from the contractor in the form of leases, utility bills, etc. in order to verify the information presented by the contractor in the annual reconciliation.

SECTION 25 COST OF LIVING ALLOWANCE (COLA)

Section 200 of the DSSR outlines COLAs which include:

a. Post Allowance

b. Foreign Transfer Allowance

c. Home Service Transfer Allowance

d. Separate Maintenance Allowance

e. Education Allowance

f. Educational Travel The Government will reimburse the contractor for education expenses only (item e. above), in accordance with DSSR Chapter 270 – Education Allowance, under this contract. The Government will not reimburse the contractor for any other COLAs identified in the DSSR which includes items a. – d. and f. above.

Education allowances will be reimbursed in accordance with the provisions of DSSR Chapter 270 – Education Allowance and at the rates established by the DSSR specific to each foreign location. Prior to incurring any education costs that the contractor intends to charge to the Government, the contractor shall submit an RIP for each school year that lists by employee name and location, the requested education allowance(s) and associated school grade for each child.

The rates established by the DSSR specific to each foreign location represent the maximum amount that may be reimbursed by the Government. The contractor shall invoice the Government based on the actual costs incurred up to the maximum amount authorized by the DSSR specific to each foreign location.

SECTION 26 DEPLOYMENT REQUIREMENTS

The requirements of this contract have been identified by the U.S. Government as being essential to the mission and operational readiness of the U.S. Armed Services operating worldwide; therefore, the contractor may be required to perform this contract during crisis situations (including war or a state of emergency), contingencies, or exercises in the identified area of operations, also known as theatre of operations, subject to the requirements and provisions listed below. These requirements apply to all personnel deployed to the AOR, regardless if they are temporary travelers or permanently deployed/stationed.

DFARS clause 252.237-7023 has been incorporated into this contract. The services identified by the Government as essential shall be provided as an attachment to each TO. Additionally, as required by DFARS clause 252.237-7023, a final contractor provided Mission-Essential Contractor Services Plan shall be incorporated into the TO. The contractor shall provide a draft of the Mission-Essential Contractor Services Plan with its proposal. The contractor shall provide an updated Mission-Essential Contractor Services Plan at the contract Kick-Off Meeting for Government review and approval. The contractor shall maintain and update its plan as necessary.

The contractor shall be responsible for performing all requirements of this contract notwithstanding crisis situations, contingencies or exercises, including, but not limited to, the existence of any state of war, whether declared or undeclared, or state of emergency, by the U.S. or the host nation, commencement of hostilities, internal strife, rioting, civil disturbances, or activities of any type which would endanger the welfare and security of U.S. Forces in the host nation. Failure by the contractor to perform may subject the contractor to a termination of this contract for cause.

The contractor shall ensure all contractor personnel participate in any required and/or necessary pre-deployment qualification training. Contractor personnel will be integrated into Government contingency plans, and afforded the same rights, privileges, protection, and priority as U.S. Government personnel. The Government may provide security, housing, and messing facilities for contractor personnel should conditions warrant.

SECTION 27 PASSPORTS, VISAS, AND CUSTOMS

The contractor shall be responsible for obtaining all passports, visas, or other documents necessary to enter and/or exit any area(s) identified by the Government assigned COR for contractor personnel.

All contractor personnel shall be subject to the customs processing procedures, laws, agreements, and duties of the country to which they are deploying and the procedures, laws, and duties of the U.S. upon re-entry.

The contractor shall register all personnel with the appropriate U.S. Embassy or Consulate where possible.

SECTION 28 CONTRACTOR COMPLIANCE

The contractor shall ensure that all contractor personnel comply with all guidance, instructions, and general orders applicable to U.S. Armed Forces and DoD civilians and issued by the Theater Commander or his/her representative. This shall include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection, and safety.

The contractor shall comply, and shall ensure, that all deployed personnel comply, with pertinent Service and DoD directives, policies, and procedures. The contractor shall ensure compliance with all Federal statutes, judicial interpretations, and international agreements (e.g., SOFAs, Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces or U.S. citizens in the area of operations. The Government assigned CO will resolve disputes. Host Nation laws and existing SOFAs may take precedence over contract requirements.

a. The contractor shall take actions to ensure the professional conduct of its personnel.

b. The contractor shall promptly resolve, to the satisfaction of the Government assigned CO, all contractor personnel performance and conduct problems identified by the Government assigned CO or COR.

c. The Government assigned CO may require the contractor, at the contractor’s expense, to remove or replace any individual failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative.

SECTION 29 SPECIAL LEGAL CONSIDERATIONS

Public Law 106-523. Military Extraterritorial Jurisdiction Act of 2000: Amended Title 18, USC, to establish Federal Jurisdiction over certain criminal offenses committed outside the U.S. by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes.

Applicability: This Act applies to anyone who engages in conduct outside the U.S. that would constitute an offense punishable by imprisonment for more than one year, the same as if the offense had been committed within the jurisdiction of the U.S. The person must be employed by or accompanying the Armed Forces outside the U.S.

SECTION 30 ACCOUNTING FOR PERSONNEL

As required by the Government assigned CO or COR and based on instructions of the Theater Commander, the contractor shall report its personnel, including subcontractors, entering and/or leaving the area of operations by name, citizenship, location, Social Security Number (SSN), or other official identity document number.

SECTION 31 THEATER RISK ASSESSMENT AND MITIGATION

If a contractor individual departs an area of operations without contractor permission, the contractor shall ensure continued performance in accordance with the terms and conditions of the contract. If the contractor replaces an individual who departs without permission, the replacement is at contractor expense and must be in place within two business weeks or as instructed by the Government assigned CO.

For badging and access purposes, the contractor shall provide the Government assigned COR a list of all personnel (this includes subcontractors and/or local vendors being used in the area of operations) with all required identification and documentation information.

The contractor shall brief its employees regarding the potential danger, stress, physical hardships, and field living conditions.

The contractor shall require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships, and field living conditions that are possible if the employee deploys in support of military operations.

SECTION 32 FORCE PROTECTION

While performing duties in accordance with the terms and conditions of the contract, the Service/Agency (e.g., Army, Navy, Air Force, Marine, DLA) will provide force protection to contractor employees commensurate with that given to Service/Agency civilians in the operations area. Contractor employees should be made aware of force protection provided by the Government and NOT take any actions that would put themselves in harm’s way beyond what is reasonable and expected from the conditions offered by the services.

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