Attachment_2H_-_PWS_App_H_-_Add'l_Terms_and_Conditions.pdf

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RFP for Aircrew Instruction Support Services
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FA0021-16-R-0002
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Attachment 2H - PWS App H - Add'l Terms and Conditions. Removed TO references.

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PWS Appendix H Additional Terms and Conditions

I. 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 résumé 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.

(b) Waivers for experience over education will be reviewed on a case-by-case basis. If approved, the waiver shall only pertain to the employee is proposed to support and not the basic contract. It is the Government’s intent to obtain intellectual capital support, so waivers should be kept to a minimum. When a waiver is requested, a résumé with supporting rationale for the waiver will be submitted to the CO. The approval of the waiver shall be received in writing from the CO before placing the person on a task.

II. INSURANCE REQUIREMENTS – WORK ON A GOVERNMENT INSTALLATION

(a) The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a

Government Installation" are as follows (see FAR 28.307-2):

TYPE LIMIT1

Workers Compensation and Employer’s Liability2

1. Comply with applicable Federal and State workers’ compensation and occupational disease statutes.

2. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy for at least $100,000 shall be required, unless an exception applies at FAR 28.307-2.

GENERAL LIABILITY

Bodily Injury Written on the comprehensive form of policy of at least $500,000 per occurrence.

Automobile 3

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.

Aircraft public & passenger4 When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per

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Attachment 2H

9 November 2015

TYPE LIMIT1

occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Vessel5 When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

1 Contracting Officer may revise type(s) and limit(s) as required to meet specific contract conditions and or risk to the Government. Suggest legal review prior to award.

2 FAR 28.307-2(a) 3 Ref FAR 28.307-2(c) 4 Ref FAR 28.307-2(d) 5 Ref FAR 28.307-2(e)

(b) Before commencing work under this contract, the contractor shall notify the CO in writing that the required insurance has been obtained. The CO or Contract Administrator (CA) shall be identified as the Certificate Holder on the Certificate of Insurance. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective. The Certificate of Insurance shall be submitted to the CO within 30 days after contract award. The Certificate of Insurance must be kept current at all times:

1) For such period as the laws of the State in which this contract is to be performed prescribe; or

2) Until 30 days after the insurer or the contractor gives written notice to the CO, whichever period is longer.

(c) The contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the CO upon request.

III. LIABILITY

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

IV. PERSONNEL SUBSTITUTIONS

(a) If personnel substitutions are required during the period of performance, the contractor shall provide written justification for the change and résumé(s) for new personnel. The contractor shall ensure that personnel substitutions meet or exceed the stated qualifications and clearance level of the individuals originally proposed for the task.

(b) If the personnel substitution is “employee-generated,” the contractor shall provide a notice to the CO at least 10 workdays prior to the proposed replacement. If the substitution is “contractor-generated,” the contractor shall provide 30 calendar days’ advance notice. The notice shall state the date and time the position will be vacant, the reason for vacating the task, the anticipated replacement date of personnel, and what management corrective action will be taken to ensure task mission completion. All personnel substitutions shall be subject to CO approval. If the Government expends additional effort to orient new personnel and/or performance requirements are delayed or missed, the Government may recoup reasonable consideration.

FA0021-16-R-0002

(c) The Contractor shall retain the right to substitute personnel provided the substitution does not cause a break or lapse in services currently provided to the Government.

(d) Removal of Personnel at Government Request: The CO may require the removal (permanent or temporary) of personnel for violations/concerns with the following: work ethic, job performance, business ethics, security, safety, health or upon discovery of fraudulent résumé documentation. Upon receipt of notification from the CO, the prime contractor has 10 workdays to submit a replacement candidate in accordance with paragraph b.

above. A credit will be issued for vacancies in accordance with verbiage at CLIN 0001.

(e) Selected Reserve Duty Vacancies: Personnel substitutions are not required while a Contractor employee performs their scheduled 2-week annual reserve duty unless the contract requires coverage during that time. If the position requires coverage while the assigned employee performs the 2-week reserve duty, the Contractor shall submit the résumé of a qualified candidate to perform the requirement while the assigned employee performs the 2-week reserve duty. If reserve duty extends beyond the annual 2-week requirement, the Contractor shall fill the position with a qualified candidate approved by the CO. A “no-cost” Letter of Identification (LOI) shall be submitted to the COR and CO for approval 30 calendar days prior to departure of the employee to perform scheduled reserve duty.

Monthly fixed-priced labor payments will not be reduced while an employee performs their annual 2-week reserve duty unless the Contractor withholds or reduces the employee’s regular salary during the 2-week period.

If the Contractor withholds or reduces the employee’s regular salary while performing the 2-week reserve duty, a credit shall be provided to the Government in the amount withheld from the employee’s salary in accordance with the procedures in CLIN 0001 for accounting for vacancies. For reserve duty extending beyond the annual 2-week requirement, a vacancy credit shall be provided to the Government until the vacancy is filled with a qualified candidate approved by the CO.

V. GOVERNMENT CONTRACTOR RELATIONSHIPS

(a) 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.

(b) Contractor personnel under this contract shall not be:

o 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.

o placed in a staff or policy-making position.

o 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.

o used for the purpose of avoiding manpower ceilings or other personnel rules and regulations or the Civil

Service Commission.

o used in administration or supervision of military procurement activities.

(c) 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.

(d) 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.

(e) 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

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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.

VI. ALLOWABLE TRAVEL COSTS

(a) The contractor may be required to travel within the contiguous United States and overseas. 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 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. Conference fees shall be reimbursed under the Travel CLIN, with no G&A allowed. 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 and obtaining any passports and/or visas. 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, profit or fee. 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 G0002.

(d) The Government will be responsible for obtaining travel clearances and issuance of any required special orders.

Subject to availability, the Government may provide travel to and from overseas work sites via Air Mobility Command (AMC) flights. Use of AMC transportation shall be approved in advance by the CO or designee.

Letters of Authorization as outlined in the Synchronized Predeployment and Operational Tracker (SPOT) program (sample at Appendix C) shall specify the Customer Identification Code (CIC) specific for the line of accounting on the contract. The CIC and line of accounting shall be annotated on all letters that the contractor presents to the deployment processing center when traveling. This will allow direct billing to the Government of AMC flights. If the Contractor does not have the CIC number, the Letter of Authorization (LOA) in SPOT will state "special account handling: billing for military transportation will be forwarded to the contractor's address (insert Contractor's address)."

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

VII. 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.

VIII. GOVERNMENT DOWN TIME

(a) Base Closures Due to Emergencies:

1) The Wing Commander may direct a base closure of all or part of the base in response to an unforeseen emergency such as, but not limited to, adverse weather, Act of God such as tornado or hurricane, or a base disaster such as a natural gas leak or fire. When the directive is issued, contractor personnel may be

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officially dismissed. Upon dismissal, contractor personnel shall promptly and appropriately secure all Government-furnished property and evacuate in an expedient but safe manner. Once evacuated, contractor personnel shall follow the directions in paragraph b of this clause.

2) Payment Terms: (1) Labor-Hour - the contractor shall be reimbursed for actual hours worked prior to the base closure if there is no Government location to relocate to for performance of meaningful work.

Contractor personnel may perform contract work at the contractor’s off-site location, if feasible, and be paid for work performed at the awarded on-site contract labor rates. (2) Firm-Fixed Price - the Contractor shall be reimbursed at the awarded amount unless negotiations change that amount. If necessary, a time extension may be granted for each order delayed by the closure equal to the time of the closure, subject to the availability of funds. Those employees that are designated as “mission essential” may require such personnel to work despite the base being closed.

(b) Base Closure Notification Procedures:

After an official notification of a base closure at Hurlburt Field (or any other performance location specified in contract award) by the Wing Commander, the contractor is directed to listen or watch a local news programs for notification of the re-opening of the base as no other form of notification of a base re-opening will be issued by the Government. The contractor is responsible for notifying their employees of the base re-opening. If the decision to close all or part of the base is made during the duty day, the contractor shall follow the Wing Commander’s instructions as transmitted through official notification channels.

(c) Base or AFSOC Closure Due to Non-Emergencies:

The HQ AFSOC Commander or Wing Commander may elect to close all or part of the base for non-emergency reasons such as base open house, etc. In the event of a non-emergency Base or Headquarters closure, the COR and the contractor shall jointly choose a course of action within the following options:

1) If there is a need for the service during the Base or Headquarters closure and a Government employee will be present, the contractor may continue to work on-site. Billing for meaningful work shall be at the labor rates awarded.

2) If there is a requirement for work during the base or Headquarters closure but either a Government employee will not be present or access to the work area is not available, the contractor may work off-site provided meaningful work is accomplished. The contractor shall certify to the Government by letter within five (5) business days of returning to work the nature and scope of the work completed off-site. Billing for labor in performing meaningful work under Labor-Hour CLINs shall be submitted for payment. Billing for Firm Fixed Price CLINs will be paid at awarded rates.

3) If there is not a requirement for the service during the scheduled Base or Headquarters closure, the contractor shall not work on the Government site or at an off-site location. The Government may grant a time extension for each order equal to the amount of time of the closure. Billing for labor under Labor- Hour CLINs shall not be submitted for payment. Billing for Firm Fixed Price CLINs will be paid at awarded rates.

4) If a Federally mandated holiday other than those listed in Section G, Para G0005, is granted to Federal employees, contractor employees shall observe the holiday. Billing for labor under Labor-Hour CLINs shall not be submitted for payment. Billing for Firm Fixed Price CLINs will be paid at awarded rates.

IX. SUCCESSOR CONTRACTOR

(a) This contract represents a continuing need of the Government, and as such, it is anticipated that, upon completion or termination of this contract, another contract for substantially the same effort will be executed.

In the event that another contractor is selected as the "successor" contractor, it is mutually agreed and understood that the Government interests in such a case may be best served through employment by the

FA0021-16-R-0002

successor contractor of contractor employees who may be acceptable to the successor contractor and who otherwise elect to accept employment with the successor contractor.

(b) The contractor agrees to preserve and make available to the CO, upon request, copies of all records and other documentation, developed or acquired under this contract or preceding contracts for this effort, regarding performance of the work required by this contract.

(c) The contractor agrees to cooperate fully with the Government and any successor contractor to ensure an orderly transition at the end of this contract. The contractor shall:

1) Make available to the CO, upon request, the names, job titles, and duties of all employees who have worked under this contract;

2) Permit current employees to be interviewed for possible employment by a successor contractor;

3) Provide, as requested, an orientation for a maximum of 10 successor contractor employees during the final sixty (60) days of this contract;

4) Establish agreements with its employees to do one or more of the following: (1) equitably reimburse them for unused vacation time and sick leave at the end of the contract; or (2) negotiate with the successor contractor and pay to that contractor compensation for vacation time and/or sick leave balance obligations assumed by the successor contractor/employer of employees with outstanding balances; or (3) if sick leave balance entitlements have not vested, negotiate with the successor contractor and pay to that contractor compensation for vacation time balance obligations assumed by the successor contractor and transfer, without monetary consideration, employee sick leave balances, not to exceed successor contractor's sick leave limitations.

X. BASE SUPPORT AT HURLBURT FIELD OR AS SPECIFIED IN THE PWS

The Government will provide base support to the contractor in accordance with the provisions of this clause. Failure by the contractor to comply with the provisions of this clause will release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the contractor has complied with the provisions of this clause, an equitable adjustment will be made if the Government fails to provide base support by the date(s) required.

(a) Base support includes Government-controlled working space, material, equipment, services (including automated data processing), or other support (excluding use of the defense switched network), which the Government determines can be made available at, or through, any Air Force installation where this contract will be performed. All Government property in the possession of the contractor, provided through the base support clause, will be used and managed in accordance with the Government property clause.

(b) Support will be provided on a no-fee basis and the value will be part of the Government’s contract consideration.

(c) The contractor agrees to immediately report to the CO (with a copy to the COR) inadequacies, defective

Government-Furnished Property (GFP), or non-availability of support stipulated in any order issued hereunder, together with a recommended plan for obtaining the required support. The Government will determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it will be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities will not be purchased under this clause. Additionally, the contractor (or authorized representative) will not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so) without prior written approval of the CO regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

(d) The Government support to be furnished under this contract:

FA0021-16-R-0002

1) Adequate office floor space, including electricity, water, sewage, trash removal services, and HVAC.

2) Appropriate level of telephone service.

3) Access to technical library service.

4) PC terminals necessary for task accomplishment. Because of the nature and location(s) of the work performed, the value of such equipment is indeterminable.

(e) The contractor shall not incur any cost resulting from nonsupport prior to CO concurrence in accordance with the Base Support clause.

(f) The contractor agrees that in the performance of this contract or any major subcontract no direct or indirect costs for property will be incurred if the Government determines that the property is available at, or through, any Air Force or military installation where this contract will/may be performed. Only the prior written approval of the CO can relieve the contractor from this restriction.

XI. TRAINING OF CONTRACTOR EMPLOYEES

The contractor shall not bill for travel costs associated with contractor employee training unless specifically required and authorized with the CO’s approval, contractor employees may be allowed to attend Government-sponsored training at the contractor’s expense. If travel is involved, a no-cost LOI shall be completed.

XII. 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.

The contractor shall comply with, and shall ensure that its personnel and its subcontractors and subcontractor personnel at all tiers obey, all existing and future U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps fragmentary orders, instructions and directives.

Contractor employees performing in the USCENTCOM Area of Operations are under the jurisdiction of the Uniform Code of Military Justice (UCMJ). Under the UCMJ, U.S. commanders may discipline contractor employees for criminal offenses. Contractors shall advise the CO if they suspect an employee has committed an offense. Contractors shall not permit an employee suspected of a serious offense or violating the rules for the use of force to depart Iraq or Afghanistan without approval from the senior U.S. commander in the country.

Rules and regulations of Hurlburt Field apply to all contractors and their employees. Regulations include, but are not limited to, presenting valid picture identification for base entrance, obeying all posted directives, and strictly adhering to security police direction where security police have been dispatched to a particular location.

XIII. SCIENTIFIC/TECHNICAL INFORMATION – (STINFO)

If not already registered, the contractor shall register for the Defense Technical Information Center (DTIC) service.

Requests for eligibility and registration information should be addressed to DTIC-BCS, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA 22060-0944., or may be found at http://www.dtic.mil/dtic/registration/.

To avoid duplication of effort and conserve scientific and technical resources, the contractor shall search existing sources in DTIC to determine the current state-of-the-art concepts, studies, etc., when necessary.

FA0021-16-R-0002

XIV. 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.

XV. USE OF PORTABLE ELECTRONIC DEVICES

(a) 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.

(b) 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).

(c) As used in this memorandum, PEDs include:

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

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

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

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

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

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

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

8) 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.)

9) Any other PED of similar capability or design.

(d) This policy excludes the following PEDs:

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

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

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

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

(e) 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.

(f) All government-owned PEDs are subject to monitoring IAW AFI 33-219.

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

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

2) Confiscation or destruction of unauthorized PEDs, or

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

(h) Exception:

1) 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.

2) 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.

XVI. VACANCY CREDITS

When vacancies occur, monthly payments shall be reduced commensurate with reduction in Contractor Manpower Equivalent (CME) as awarded. Provide standard formula for calculating payment reductions to the CO for review and approval prior to invoicing reduced payments. Approved formula for calculating reductions shall be consistently applied when CME vacancies exist. Provide calculations used to reduce the monthly payment via e-mail to the CO/CA administering the contract prior to invoicing, and document reduction in the WAWF invoice

FA0021-16-R-0002

description by including verbiage "Monthly payment is reduced due to (Labor Category) vacancy from (dd - dd mm yy)," i.e., (Network Analyst) (1 - 10 Mar 15). Reduced monthly payments shall continue until the vacancy is filled with an equal or more qualified contractor employee approved by the CO; or other appropriate action is taken by the CO. Upon submission of potential new employee resume, the CO will approve/disapprove within 3 business days of receipt. This may also contain CMEs that have a potential for conversion to government positions at some time during the base or option years. If any CMEs are converted, these positions will also become vacancy credits.

XVII. CONTRACTOR 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.

*Reporting Period: Contractors are required to input data by 31 October of each year.

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.

(end of clause)

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