1b_-_PWS__App_H_-_Add't_Terms_and_Conditions_CCAS.docx

Section H - Special Contract Requirements

SECTION H - LOCAL CLAUSES

H – 0001 PERIODIC PROGRESS MEETINGS

(a) The contracting officer, contracting officer representative (COR), and other Government personnel, as appropriate, will meet periodically with the contractor to review the contractor’s performance. At these meetings, the Government will apprise the contractor of the Government’s assessment of the contractor’s performance and the contractor will advise the Government of any problems experienced. Contractor will be responsible for documenting meeting minutes and providing copies to participants.

(b) These meetings may be held frequently during the first quarter of contract performance, and quarterly, or as needed, thereafter. Meetings are anticipated to be held via teleconferencing.

H – 0002 KEY PERSONNEL REQUIREMENTS

a. Certain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "key personnel" and were identified in the contractor’s proposal as instructed in Section L of the RFP. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the CO or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions along with the resume of the substitute. The CO or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

H – 0003 SECURITY CLASSIFICATION

a. The work contracted for is related to and is connected with National Defense. No information relating to the work shall be communicated, transmitted, or disclosed to any person not entitled to receive it. Generally, all contractor personnel assigned to work requiring access to the Local Area Network (LAN) shall require a National Agency Check with Inquiries (NAC-I) . Security clearance requirements for personnel will be identified in the PWS and DD Form 254, Contract Security Classification Specification.

b. The contractor shall be guided by and safeguard all classified information either generated by or received under the contract in accordance with the DD Form 254, provided as an attachment to the PWS. All personnel assigned to work on this contract that require access to classified materials will be required to have or be eligible to attain, at time of award, the appropriate clearance required by the DD Form 254.

H – 0004 LIABILITY

The Government shall not be held responsible for damages to property or for injuries or death to persons that might occur without fault on the part of the Government as a result of, or incident to, performance of the contractor.

H – 0005 CONTRACTOR IDENTIFICATION

a. Contractor employees shall wear a conspicuously displayed corporate identification badge for easy identification as contractor or subcontractor employees while in Government facilities. The corporate identification badges shall be worn at all times when contractor employees are collocated on a Government installation or when on temporary duty (TDY) working with other Government personnel. Subcontractor employees’ identification badges shall identify their respective prime contractor.

b. All contractor and subcontractor employees shall clearly identify themselves as a contractor at all times, including during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

c. Contractor-occupied facilities (on Hurlburt Field or other government installations) such as offices, separate rooms, or cubicles must be clearly identified with contractor supplied signs, name plates or other identification, showing that these are work areas for contractor or subcontractor personnel.

d. Government-issued badges, identification cards, passes, vehicle registration media, and admittance controls are accountable and, as such, are U.S. Government property to be accounted for, protected and returned to the Government. When a contractor employee leaves the company or moves to a different directorate for support under this contract, the employee shall clear all computer systems to which they have access, turn in all keys or other admittance hardware, and perform "outprocessing" procedures with their Contracting Officer Representative (COR). A statement certifying that all appropriate “outprocessing” has been completed shall be included in the monthly report upon departure of any contractor personnel or at the end of the performance period, to include the turn-in of the CAC Card as required by AFFARS 5352.242-9001. This responsibility extends to any subcontractors.

H – 0006 GOVERNMENT CONTRACTOR RELATIONSHIPS

The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services. The parties recognize and agree that no employer - employee relationships exist or will exist under the contract between the Government and contractor and/or between the Government and the contractor's employees. It is, therefore, in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

Contractor personnel under this contract shall not be:

- placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

- placed in a staff or policy-making position.

- placed in a position of command, supervision, administration of control over Military or Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

- used for the purpose of avoiding manpower ceilings or other personnel rules and regulations or the Civil Service Commission.

- used in administration or supervision of military procurement activities.

The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor's employees will act and exercise personal judgment and discretion on behalf of the contractor.

Rules, regulations, directions and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control, which is inconsistent with a non-personal service contract.

In no case shall signs of recognition or appreciation for exceptional performance nor any other statement or action of the Government serve as endorsement of that contractor or its employees, nor shall these actions constitute Government acceptance of the contractor's performance unless made in writing by the CO. Contractors shall not represent themselves as endorsed by the Government in any manner, including in any marketing or promotional materials.

H – 0007 ALLOWABLE TRAVEL COSTS

a. The contractor may be required to travel within the contiguous United States. The contractor shall not perform any travel without direction and approval in advance by the Government. Reimbursement for travel occurring at the direction of the Government performed in conjunction with a specific authorized trip will be under the Travel CLIN’s in Section B of the contract. Reasonable and allowable contractor costs for travel requirements will be reimbursed. AFSOC policy for rental cars is that only compact car size shall be utilized unless justification is provided in advance. Reimbursement for travel expenses shall be limited to those expenses specifically authorized at FAR 31.205-46. Billable travel costs are transportation, lodging, and per diem expenses, and receipts are required for lodging and transportation at a minimum. The contractor shall be responsible for making all travel arrangements. The contractor may be required to travel by Government-provided transportation. When commercial air travel is authorized, the contractor shall utilize coach, tourist, or similar accommodations. Government quarters shall be utilized, when available, to the greatest extent possible.

b. Pursuant to Public Law 99-234, reasonable and allowable contractor costs for transportation associated with the performance of this contract may be reimbursed based upon mileage, rates, actual costs, or a combination thereof. Lodging, meals, and incidental expenses may be based upon per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.

c. The contractor shall be reimbursed for travel and per diem expenses in accordance with the regulations cited above, not to exceed amounts allowable under the Joint Travel Regulation (JTR), excluding overhead or profit. Payment shall be made directly to the contractor on a cost-reimbursable basis upon submission of proper invoices and supporting documentation as stated in Section G.

d. Cited Federal Regulations are not incorporated in their entirety. It is the contractor’s responsibility to adhere to all provisions of cited regulations.

H – 0008 RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war, emergencies, police action, or acts of God.

H – 0009 COMMUNICATIONS AND COMPUTER SECURITY MONITORING

All communications and computer use with DOD organizations are subject to communications security (COMSEC) or computer security (COMPUSEC) review. Contractor personnel will be aware that telecommunications networks and computer networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC/COMPUSEC monitoring and recording of telephone calls/computer email and network usage originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization, and when they utilize government email or networks they are subject to COMSEC/COMPUSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees utilizing telecommunications or computer networks.

H - 0010 DISCLOSURE OR RELEASE OF INFORMATION

a. In order to comply with DFARS 252.204-7000, Disclosure of Information, copies of the information to be released are required to be mailed to the CO at least 45 days prior to the desired information release date.

b. The contractor shall not hold any discussions or release any information relating to this contract without the written consent of the CO.

c. This restriction applies to all news releases of information to the public, industry, or Government agencies, except as follows:

(1) Information for actual or potential subcontractors or vendors, necessary for the contractor’s performance of this contract.

(2) Information to be supplied to a duly authorized representative of the CO.

H – 0011 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

This contract is subject to all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and state (or other public authority). The contractor shall observe and comply with all applicable state and federal requirements as to Social Security, Workmen’s Compensation and employment, and any other matter concerning employment applicable to contract performance. The contractor shall also abide by and comply with such rules and regulations, directions, or orders, not inconsistent herewith, as may from time to time be issued by the Government. .

H - 0012 ACCESS TO SAFETY PRIVILEGE DATA

Contractors may have a legitimate requirement for access to data that is protected by safety privilege, as specified by AFI 91-204, Safety Investigations and Reports, to advance the interest of Air Force safety. To ensure all personnel covered by this contract are adequately educated to these restrictions and to document acceptance of this responsibility, the following measures will be taken:

- As determined necessary by AFSOC/SE, contractor personnel will receive initial and annual training on requirements of safety privilege using approved courseware. This training must be documented and access to safety privilege data will be granted after execution of a Non-disclosure Agreement.

- HQ AFSOC/SE will grant contractor access to privilege safety data when a validated requirement is documented. HQ AFSOC/SE will determine what data will be released to the contractor.

- All products developed by contractors using safety privilege data will be reviewed by HQ AFSOC/SE to determine if the product is a privilege document. Contractors should attempt to only produce non-safety privilege documents; if the product produced is determined to contain safety privilege information, it will be protected in accordance with the restrictions in AFI 91-204.

- All safety privilege data provided to contractors must be returned to HQ AFSOC/SE when the requirement for access is no longer needed.

H-0013 USE OF PORTABLE ELECTRONIC DEVICES

1. No Portable Electronic Device (PED), whether government, personal, corporate, or contractor owned/leased, is permitted in any AFSOC office or building where classified or Controlled Unclassified Information (CUI) is processed, stored or discussed without prior written approval from the respective Wing Information Protection Office and unit/directorate security manager.

2. Only government-owned/leased PEDs with their transmitting capability properly disabled or controlled by software/hardware counter measures may be used where classified or CUI is processed, stored or discussed. Removing the batteries, powering down or putting a PED into an "airplane mode" (device works but cellular capability is turned off) does not eliminate the threat posed by these devices and does not meet the intent of this paragraph. Proper disabling of any PED will be done by a qualified client support administrator following procedures issued by the command Information Assurance Office (IAO).

3. As used in this memorandum, PEDs include:

(a) Personal digital assistants (PDAs) (e.g., Research in Motion's Blackberry, Palm Pilot, Cassiopeia devices, etc.)

(b) Laptop/notebook/tablet personal computers (to include wireless components such as keyboards and mice).

(c) Cellular and cordless telephones or any other device incorporating cellular phone technology

(d) Pagers that have a capability to store data, record audio or to transmit information (sometimes referred to as two-way pagers).

(e) Any PED with wireless capability using any combination of the following: radio frequency (RF), infrared (IR), Bluetooth technologies.

(f) Any PED with imaging capability (still or video) to include all types of cameras and portable document scanners.

(g) Any PED with the ability to record audio or any voice memo recording capability (to include iPods MP2/3/4 players, cassette recorders, etc.)

(h) Any PED with digital storage capability (e.g., thumb/flash drives, photo flash drives, memory sticks, external hard drives, pen drives, portable gaming devices, digital photo frames, etc.)

(i) Any other PED of similar capability or design.

4. This policy excludes the following PEDs:

(a) Government-owned and issued land mobile or tactical radios.

(b) Medical, firefighting or police equipment with transmitting or recording capabilities when the bearers of these items are responding to emergencies requiring this equipment.

(c) Devices that only play prerecorded audio or video media (e.g., CD, DVD, tape cassette and video players without recording capability.

(d) Receive-only pagers, Global Positioning System receivers, remote locking devices for automobiles, hearing aids, pacemakers, other implanted medical device, or personal life support systems.

5. Meeting/conference OPRs and visitor sponsors must inform visitors, in advance, of the AFSOC PED policy and require them to leave their PEDs outside the facility.

6. All government-owned PEDs are subject to monitoring IAW AFI 10-712.

7. Enforcement: Failure to adhere to the provisions of this policy and/or AFSSI 8502/AFSOCI 33-202/USSOCOM Directive 380-19 may result in:

(a) Termination of government PED privileges and/or network access to all AFSOC and/or DoD supported networks.

(b) Confiscation or destruction of unauthorized PEDs, or

(c) Other disciplinary and legal penalties as appropriate under the UCMJ or federal law.

8. Exception:

(a) Waivers of this policy will be granted only on case-by-case basis and will be strictly limited to mission critical situations. Submit waiver request through your respective wing/group IAO to the command IAO for final approval.

(b) Video recorders/cameras may be permitted on a case-by-case basis by commanders/directors for awards and ceremonies only, but they must be controlled and the area sanitized if required.

H-0014 INCLUSION OF APPLICABLE CONTRACTORS IN THE VOLUNTARY PROTECTION PROGRAM (VPP)

a. Installation-specific Safety and Health Standards. Hurlburt Field, Kirtland AFB, Cannon AFB, are in the process of pursuing VPP recognition or have been recognized under the OSHA Voluntary Protection Program (VPP). VPP impacts all “applicable contractors” operating on Air Force Installations. It is the contractor’s responsibility to ensure its employees and managers have a comprehensive understanding of VPP as well as full compliance with OSHA requirements. Detailed information on VPP is available on the OSHA website. Contractors, whether regularly involved in routine site operations or engaged in temporary projects such as construction or repair, must follow the safety and health rules of the installation or VPP site.

b. Applicable contractors. These requirements apply only to contractors whose employees work more than 1000 hours per quarter. The contractor shall flow down these requirements to all subcontractors who qualify as applicable contractors under this contract.

c. Applicable Contractor’s Safety and Health Plan. Each applicable contractor must have a safety and health plan and corresponding site safety checklist available at the request of the CO. The safety office will assist the contracting officer to ensure that the contractor’s safety and health plan includes all required elements identified in the Performance Work Statement (PWS). The contractor’s plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety & health violations and/or uncontrolled hazards in contractor work areas. It is the contractor’s sole responsibility for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596).

d. Mishap Reporting. An applicable contractor shall ensure its employees and subcontractors promptly report pertinent facts regarding mishaps involving reportable damage or injury to the applicable Air Force Base Safety Office and cooperate (IAW AFI 91-204) in any Air Force safety investigation. Cooperation will include toxicology testing.

e. Annual Reporting Requirements. Applicable contractors are required to provide their OSHA 300 information and TCIR/DART rates by 15 January each year to the contracting officer for submission as part of the installation’s annual VPP self evaluation report.

H-0015 CONTRACT MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Air Force vial a secure data collection site. The contractor is required to completely fill in all required data fields at the Contractor Manpower Reporting Application (CMRA) site http://www.ecmra. (Select the US Air Force logo).

Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the CMRA help desk.

Uses and Safeguarding of Information: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

User Manuals: Data for Air Force service requirements must be input at the Air Force CMRA link. However, user manuals for government personnel and contractors are available at the Army CMRA link at http://www.emcra.mil.

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