Draft Section H L M.docx

FA4452-11-R-0013

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1 ADMINISTRATIVE AUTHORITY

a. Following award, AMC A7KQA, will administer this contract. The name, address, telephone number and fax number of the Contracting Officer (CO) and Contract Administrator is listed below:

Contracting Officer:

Contract Administrator:

b. Per Task Order, the CO will designate a Quality Assurance Personnel (QAP) to act as technical representative of the CO for the purpose of inspecting and accepting the contractor’s work and assisting the CO in the administration/surveillance of this contract. The name of this individual, duties, and limitations will be furnished to the contractor in writing prior to task order performance. However, the CO is the only individual authorized to redirect the effort or in any way amend the terms of the task order.

c. All correspondence concerning this contract and any resultant task order, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the CO.

H-2 BASE ENTRY

a. Contractor shall be required to contact the Program Manager (PM) to obtain the necessary base entry procedures.

b. All personal vehicles will require liability insurance to the levels established by the state in which place of performance occurs. Contractor personnel shall comply with all safety and security regulations while on base to include reporting problems to the Contracting Officer and Security Desk.

H-3 CONTRACT TYPE

This is an IDIQ Multiple Award Contract for Advisory & Assistance Services with Fixed Price (FP) and Labor Hour (LH) task orders.

H-4 COMPLIANCE WITH APPLICABLE STATE AND FEDERAL REQUIREMENTS

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). 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. 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-5 COMSEC NOTICE

All communications with DoD organizations are subject to communications security (COMSEC) review. Contractor personnel shall be aware that telecommunication networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DoD organizations. Contractor personnel are advised that any time they place a call to or receive a call from an USAF organization are subject to COMSEC procedures. Contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information.

H-6 CONTRACTOR IDENTIFICATION REQUIREMENTS & PERFORMANCE OF WORK ON GOVERNMENT PREMISES

Contractor personnel performing services on DoD installations or other Government facilities shall ensure that they are readily identifiable as contractor employees.

a. Contractor employees without access to a DoD or other Government Local Area Network (LAN) systems shall:

1. Identify themselves as contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of any service provision to the Government.

2. Identify themselves as contractor personnel in all recorded messages including those, which are heard by callers attempting to contact contractor employees via answering machines or voice mail.

3. Identify themselves as contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any service provision to the Government.

4. Identify themselves as contractor personnel on any correspondence, documents or reports accomplished or sent in support of any service provision to the Government, including but not limited to, correspondence sent via the U.S. Mail, facsimile or electronic mail (email) inclusive of “out-of-office” replies.

5. Wear or display contractor provided nametags, badges or attire which display, at a minimum, the name of the contractor.

b. Any work under this contract which is performed by the contractor or any of its subcontractors on premises under Government control is subject to all requirements of this contract governing such work, and the following:

1. All contractor and subcontractor personnel shall, at all times, conspicuously display a distinctive badge provided by the contractor, identifying such personnel as employees of the contractor and shall observe and otherwise be subject to such security regulations as are in effect for the particular premises involved.

2. All contractor and subcontractor personnel shall be easily recognized by wearing Government provided security badges while working in a U.S. Government facility.

3. Contractor shall provide direct supervision of its own employees but shall not supervise or accept supervision from any Government personnel.

4. Contractor shall designate in writing, an on-the-premises representative to serve as point of contact for the contractor to the Contracting Officer or their duly authorized representative.

5. All contractor and subcontractor employees shall dress appropriately for a professional work environment.

H-7 CONTRACTOR PERSONNEL ADMINISTRATION

When contractor personnel are working on a Government installation:

a. It is the contractor’s responsibility to supervise the techniques used by all personnel assigned to this contract, and to inform personnel of all improvements, changes, and methods of operation to be employed.

b. Maintaining Personnel: The Government considers maintaining a low rate of personnel turnover an important performance measure of the success of this contract (see Section 2 of the Performance Work Statement (PWS), Services Summary (SS)). It costs both the Government and the contractor significant time and money to orient and in-process new personnel. Accordingly, when replacing personnel, the contractor must ensure that the new personnel meet or exceed the stated qualification of the individual(s) originally proposed. All personnel changes will be subject to the Contracting Officer's concurrence. If the Government expends additional effort to orient new personnel and/or performance requirements are delayed or missed, the Government may recoup reasonable consideration.

c. Notice of Change in Personnel: When the prime contractor is notified that personnel have given notice that they will no longer be working on a task, the prime contractor shall notify the Contracting Officer as soon as possible but no later than one business day. The prime contractor shall provide follow-up documentation within 72 hours, stating 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.

d. Substitution: Prior to substituting personnel performing under this contract, the contractor is responsible for notifying the Contracting Officer as soon as possible but no less than two weeks in advance of the proposed substitution. Notice shall include written justification for the change and a sufficiently detailed qualification summary of proposed personnel to permit CO validation of skill sets. A resume may be submitted to satisfy this requirement.

e. Removal of Personnel at Contracting Officer’s Request: The Government may direct the removal (permanent or temporary) of personnel on a task order for violations/concerns with the following: work ethic, job performance, business ethics, security, safety, health or upon discovery of fraudulent resume documentation. Upon receipt of notification from the CO, the prime contractor has two weeks to submit a replacement candidate IAW paragraph b. above.

f. Contractor shall ensure that personnel are not placed in a position:

1. Where they appear to be appointed or employed by Government personnel, or are under the supervision, direction, or evaluation of Government personnel.

2. Of command, supervision, administration or control over military or civilian personnel, employees of other contractors on other contracts, or become part of a Government organization.

3. To establish requisitioning objectives, station stockage lists, or direct supply channels to a manufacturer, or otherwise circumvent established Department of the Air Force supply channels.

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

h. Rules, regulations, direction, and requirements issued by command authorities under their responsibility for good order, administration, and security apply to all personnel who enter the installation or who travel by Government transportation. Contractor shall not construe or interpret this to establish any degree of Government control inconsistent with a non-personal services contract.

i. Government Endorsement: There may be instances where the Government offers the contractor or contractor employee signs of recognition or appreciation for exceptional performance. In no case shall these signs 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.

j. The Guide For The Government-Contractor Relationship may be accessed at https://www.safaq.hq.af.mil.

H-8 RESUME REVIEW

The CO shall request key personnel resumes from the prime contractor performing work under task orders solely for the purpose of verifying their qualifications relative to the terms of the contract.

H-9 CONTRACTOR REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES FOR TEMPORARY DUTY

Contractor employees may have occasion under this contract to travel from their regular duty location to a temporary duty location. All contractor travel shall be approved by the QAP and authorized by the CO prior to its occurrence. Payment shall be made as follows:

a. Transportation, per diem, and lodging expenses required in the performance of temporary duty shall be reimbursed to the contractor in accordance with the Federal Acquisition Regulations (FAR) 31.205-46. Travel expenses shall be reimbursed under the Travel Contract Line Item in Section B of the contract. Reimbursement for travel shall be limited to those expenses specifically authorized by the above-referenced regulations. When commercial air travel is authorized, the contractor shall utilize coach, tourist, or similar accommodations.

b. Local travel to attend meetings within the local city or base of assignment commuting vicinity shall be considered a cost of doing business and will not be separately reimbursed. Local area travel is defined as a 30 mile radius around the base of assignment or designated place of performance. The contractor shall be paid a per diem allowance for each day an employee is required to remain overnight away from his/her normal duty station while on official temporary duty status. Payment of per diem allowance and related rates shall be in accordance with FAR 31.205-46 . When Government quarters are available and approved, the contractor employee shall use them.

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, but excluding overhead and profit. Payment shall be made directly to the contractor on a cost-reimbursable basis, upon submission of proper invoices and supporting documentation.

H-10 ENVIRONMENTAL AWARENESS

The Contractor shall maintain an awareness of the environmental conditions of the Government facilities, report anomalies to the designated Government agent, and as conditions warrant take appropriate actions to protect the Government facilities. Contractor shall ensure that all employees practice utilities conservation within Government facilities.

H-11 GOVERNMENT INSIGHT

a. In the spirit of streamlining, the Government is embracing the concept of insight into contract status and performance evaluation rather than traditional oversight. Upon receipt of written request from the CO, the contractor shall provide access within five duty days. Contractor shall permit the CO, QAP or authorized representative(s) access to all data, records, and facilities used in the performance of this contract.

b. Contractor agrees to partner with the Government to prioritize projects, and make recommendations for operating efficiencies. Budget constraints and statutory cost limitations must be considered and may significantly influence decisions. Contractor may be required to prepare briefings and participate in discussions with Government officials to support the position of the command for program prioritization.

H-12 QUALITY ASSURANCE

The Government will evaluate the contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The Government representative will evaluate the contractor’s performance through intermittent inspections of the contractor’s quality control program and receipt of complaints from base personnel. The Government may inspect each task as completed or increase the number of quality control inspections, if deemed appropriate, because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the Government may decrease the number of quality control inspections if merited by performance. The contractor shall be responsible for initially validating customer complaints. The Government will investigate the complaints received from various customers. The Government representative shall make final determination of the validity of customer complaint(s), in cases of disagreement with customer(s). The Government has unlimited rights to all deliverables under task orders. The Government shall retain custody of all records associated with contractor deliverables and shall have exclusive control in the distribution of all written deliverables.

H-13 GOVERNMENT-PROVIDED FACILITY

The Government will provide facilities for on-site personnel in performance of this contract. The Government will provide desks, chairs, telephones, computers, printers, copiers, and facsimiles for the on-site contractor's use on this contract.

H-14 LIABILITY

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

b. Contractor shall not be liable for any injury to Government personnel or damage to Government property arising from the use of products provided by the contractor, unless such injury or damage is due to the fault or negligence of the contractor.

H-15 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI) AVOIDANCE

a. To prevent conflicting roles that may bias the contractor’s judgment or objectivity, and to preclude the contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions, the contractor will be restricted as set forth below.

b. The following definitions and descriptions apply:

1. “Systems Engineering” means a combination of substantially all of the following activities: determining specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

2. “Technical Direction” includes a combination of substantially all of the following activities: developing work statements, determining parameters, directing other contractors’ operations, and resolving technical controversies.

3. “Development” includes all efforts toward solution of broadly defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

4. “Proprietary Information” includes all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted rights data, trade secrets, sensitive financial information, and computer software. Proprietary information may appear in technical data, cost and pricing data, or may involve classified information. For the purpose of this definition, proprietary information pertains to both contractor and Government information.

5. “System” means the group of related items that is the subject of acquisition or management, for which support has been ordered under this contract.

6. “System Life” means all phases of the system development, production, or sustainment.

7. “Contractor” includes the prime contractor, parent company, affiliates, divisions, and subsidiaries.

c. Contractor shall be familiar with the Federal Acquisition Regulation (FAR), Part 9, Subpart 9.5, entitled “Organizational and Consultant Conflicts of Interest,” and agrees to avoid conflicts of interest in accordance with the principles set forth in this subpart. Since the contractor under the terms of this contract will have access to Government and third party data which might place the contractor in an OCI, the contractor agrees to perform this contract as set forth below:

1. To refrain from unauthorized use or disclosure to any individual, corporation, or organization of information/data/software (referred to hereinafter as “data”) proprietary to the Government or other companies coming into its possession in connection with the work under this contract for as long as it remains proprietary.

2. To establish associate contractor relationships by executing written agreements between companies having a proprietary interest in such data. These agreements shall prescribe the scope of authorized use of such data as well as necessary safeguards against unauthorized use or disclosure. Contractor shall be responsible for maintaining copies of the written agreements promptly after execution of the contract.

3. The contractor shall formally train its employees, in regard to OCI, that they shall not divulge proprietary data obtained from other companies or from the Government to anyone except as authorized in writing. The contractor shall require its employees to execute certificates attesting to their training and understanding of the requirements to safeguard all sensitive information. Contractor shall warrant that its employees shall not use for their benefit any data, advice, trade secrets, confidential financial information, proprietary or restricted information (to include FOR OFFICIAL USE ONLY information) that the employee received in connection with this contract, during or subsequent to the term of his employment.

4. To obtain from each of its employees, whose responsibility in connection with the work under this contract may be reasonably expected to involve access to such proprietary data or classified information (Government or contractor generated), a written agreement between the company and employee, which in substance shall provide that the employee will not, during employment by the contractor or thereafter, disclose any such proprietary data or classified information to which the employee had access in connection with the work under this contract.

5. To refrain from utilizing proprietary data or classified Government information coming into its possession in connection with work under this contract for purposes other than those for which it has been furnished, unless specifically authorized by the organization providing such proprietary data or Government information.

6. To hold the Government harmless for any cost/loss resulting from the unauthorized use or disclosure of third party data or software by the contractor, its employees, subcontractors, or agents.

7. The contractor further agrees to insert a provision conforming substantially to the language of this clause, including this paragraph, in any subcontract or consultant/partnering agreement.

d. The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an OCI, as defined in FAR Subpart 9.5, or that the contractor has disclosed all such relevant information.

e. If a contractor determines that it, or any potential subcontractor, has an OCI, or a potential OCI, then the contractor shall address the conflict of interest, and shall provide a mitigation plan for the conflict of interest. The mitigation plan shall relieve the OCI such that the full scope of work contemplated by the solicitation can be performed by the contractor.

f. The contractor agrees that if an actual or potential OCI is discovered after award, the contractor shall make full disclosure in writing to the CO. This disclosure shall include a description of the actions the contractor has taken, or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict.

g. The CO may terminate this contract for convenience, in whole or in part, if he/she deems termination necessary, to avoid an OCI. If the contractor was aware of a potential OCI prior to award, or discovered an actual or potential conflict after award but did not disclose it, or misrepresented relevant information to the CO, the Government may terminate the contract for default, debar the contractor from Government contracts, or pursue other remedies as may be permitted by law or this contract.

h. The general rules in FAR 9.505 prescribe limitations on contracting as the means of avoiding, neutralizing, or mitigating OCI that might otherwise exist in the stated situations. Illustrative examples are also provided in FAR 9.508. The two underlying principles are: preventing the existence of conflicting roles that might bias a contractor’s judgment; and preventing unfair competitive advantage by a contractor competing for award.

i. Except with the prior written consent of the CO, the contractor shall not compete (as a prime contractor, subcontractor, main supplier, or consultant) during the period of this contract, including any extension thereof, and for one year thereafter, for the award of any contract for, supplies, services, or construction which was generated under this contract. This prohibition does not prohibit the contractor from competing on the follow-on to this contract.

j. When a prospective contractor has an unmitigated OCI conflict or the CO cannot determine fair pricing, the Government reserves the right to exercise some or all of the following rights:

1. Render contractor(s) ineligible for award for the specified task order and/or future contract;

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

3. When the Prime Offeror proposes and subcontracts with more than one Prime Contractor for the same effort the Government may evaluate the prospective proposal(s) as high risk that may result in non-award.

H-16 PERMITS AND RESPONSIBILITY FOR WORK

Contractor shall, without additional expenses to the Government, obtain all licenses, certifications, and permits required for the performance of the work. Contractor shall be responsible for all damages to persons or property that occurs as a result of the person’s fault or negligence in connection with the performance of the work.

H-17 REQUIRED INSURANCE

IAW FAR 28.306 (b), the contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

a. Workmen’s Compensation and Employer's Liability Insurance, as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

d. Whenever the clause 52.228-5, Insurance--Work on a Government Installation, is included in a contract, prime contractors shall be required to either provide copies of insurance certificates or certify in writing that the required insurance has been obtained before commencing work on the installation. If the contractor's certification is used in lieu of submission of insurance certificates to the contracting officer, a Certificate of Compliance with Insurance Requirements shall be used for the prime contractor. After certification by the contractor, the Certificate of Compliance shall become part of the official contract file. Reference Section J for Certificate of Compliance form.

H-18 RELEASE OF INFORMATION

a. Contractor shall not hold any discussions or release any information relating to this contract without the written consent of the CO.

b. 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-19 RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

a. The Government reserves the right to perform all contract functions with Government personnel if necessary, per Air Force Instruction 64-106, Air Force Industrial Labor Relations Activities.

b. Performance under paragraph a. above will not constitute a breach of contract by the Government.

H-20 SECURITY REQUIREMENTS

a. The CO intends to issue task orders whose scope of effort will be in support of classified programs. In order to be eligible to provide AMC support to classified programs, prime contractors (to include team members and subcontractors) must possess a Secret facility clearance at time of award. Individuals performing work under resultant tasks orders must be a United States citizen and comply with applicable program security requirements which will require personnel security clearances up to and including Secret at time of award.

b. Where classified information/data is involved, the contractor shall comply with the “National Industrial Security Program Operating Manual (NISPOM)” and the DD Form 254 (Contract Security Classification Specification) that is included as an attachment in Section J (FAR 52.204-2).

c. The contractor will be required to comply with all security requirements enforced by the applicable sponsoring Government agency. In accordance with DoD 5200.2-R, Personal Security Program, contractor personnel shall have as a minimum a favorable National Agency Check (NAC) completed before being permitted access to any Government automated information technology system.

d. When directed by the CO, the contractor shall remove any employee who endangers national security. Removal shall be at no cost to the Government.

e. Contractor employees shall obtain and display identification/security badges to obtain access to any Government installation and any buildings used by the contractor. Security clearances will be processed IAW established procedures, and will be the responsibility of the contractor.

f. The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for contractor employees. Furthermore, the Government reserves the right to grant personnel temporary security clearances in emergency situations. However, this shall incur no obligation on behalf of the Government to grant any of these personnel permanent clearances if the subsequent background investigation does not recommend the clearance.

g. The contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their contractor-owned vehicle or privately owned vehicle while on any Government installation to include Scott AFB.

h. The contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

i. Contractor employees shall be required to attend an equivalent level of security education and training as currently required by applicable Government agencies. Prior to traveling outside of the U.S. on leave or temporary duty (TDY), contractor personnel must also receive anti-terrorism awareness training and threat briefings for their intended destination. Prime contractors are responsible for ensuring that their team members/subcontractors attend this required training.

H-21 ORDERING

a. This contract is designed to meet the wide and varied needs of AMC and agencies that support the AMC mission. As such, any type of task order may be awarded hereunder. The Government will determine the most appropriate task order type for each effort. Contractor shall submit a proposal in accordance with the task order type specified by the CO in the Request For Proposal (RFP) not later than the time frame specified in the RFP. Contractor may also submit alternative pricing structure/task order type but must fully explain the terms and conditions, as well as price benefits to the Government, in its alternate proposal (see C.3. below). The Government may or may not consider the alternate approach. Contractor shall perform in accordance with the task order type selected by the CO indicated in the award document or other authorized award notification.

b. Request for Proposals: When the Government has a requirement for work to be performed, the CO shall issue a RFP to contain a performance work statement describing the program to be supported, description of the task, evaluation criteria, deliverables, an order start and completion date, and name of the QAP. An RFP shall not obligate the Government to issue a resulting task order. In the event funds have not yet been committed for a potential effort, the Government may seek to provide the contractors advance notice by disseminating a draft. Draft RFPs will be clearly marked as such.

c. Submission of Task Order Proposal:

1. Contractors are highly encouraged but not required to submit a proposal for every requirement solicited. If a contractor does not provide a proposal, they shall submit a negative response to the CO.

2. Proposals shall normally consist of a technical volume and a pricing volume. Proposals will be evaluated IAW the RFP’s instructions to offerors. All task order proposals shall contain any and all information required to conduct a price and technical evaluation. As a standard RFP practice, past performance will not be evaluated for individual task order awards. However, the Government reserves the right to utilize past performance evaluation and information on all RFPs.

(a) Technical proposals shall contain the following information:

1. Number(s) of personnel performing on each task.

1. Proposed personnel individual’s qualification summaries (may utilize resumes).

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

1. Rationale for the personnel, knowledge and skill levels and number of hours proposed.

1. An overall discussion of the contractor’s management approach, proposed technical solution, especially for unique requirements.

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

1. Provide a matrix to cross reference contractor proposal to Government evaluation criteria and PWS.

(b) Past performance shall contain the following:

1. An explanation of relevant experiences in performing the same or similar work.

1. Enough information to validate accuracy of recency and relevancy.

(c) Price proposal shall contain the following information: The Government will utilize 1920 hours as a full time equivalent for evaluation purposes. Price proposals shall contain specific information based upon the RFP task order type:

· Fixed Price: For Firm Fixed Price and Firm Fixed Price Level of Effort task order proposals, the contractor shall provide and shall be evaluated on a bottom-line price for the entire effort. In order to facilitate the technical evaluation, the contractor shall also provide a breakout of the labor categories, descriptions, and hours for all personnel (technical proposal may cross reference price proposal).

· Labor Hour (LH): For LH task order proposals, the contractor shall specify the skill set providing required services, the estimated number of hours for each position proposed, burdened hourly rates along with a general discussion of how the hours were developed. Contractor shall work closely with the QAP and CO in monitoring the “burn rate” of these type task orders to ensure adequate funding is available to meet task order requirements. Contractor shall not exceed the available funding obligated on labor CLINs.

· Travel-Cost Reimbursable: Travel cost will be based on estimated costs per the Federal Acquisition Regulation (FAR Part 31.205-46). Cost estimates will be based on number of trips, number of personnel, and location Per Diem Rate as posted on https://secureapp2.hqda.pentagon.mil/perdiem/ per individual Task Order. Contractor should use this cost estimate in its overall price proposal unless the Government has specified funding to be determined at a later date.

· Other Direct Costs (ODCs)–Cost Reimbursable: Contractor shall forward quotes from at least three vendors or a proof of cost reasonableness to the CO for review and approval prior to procurement for requirements in excess of the micro-purchase threshold. All ODCs shall be approved by the QAP and authorized by the CO prior to purchase.

3. Government Review of Task Order Proposals: Upon receipt of the proposals, the CO and the Technical Evaluation Team will conduct an integrated assessment of the proposals which may result in a task order to the Offeror whose offer provides the best value to the Government IAW the RFP. The Government reserves the right to award without discussions.

d. Fair Opportunity Exceptions: IAW FAR 16.505, Ordering, all multiple award contractors shall be provided a fair opportunity to be considered for each order in excess of $3,000 pursuant to the procedures established in this section, unless the CO determines that:

1. The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays.

2. Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized;

3. The task/delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order.

4. It is necessary to place an order to satisfy a minimum guarantee.

e. Funds and Man-hour Report for Each Task Order: The prime contractor shall prepare and maintain a Funds and Man-hour Expenditure Report for both fixed price, labor hour task orders on a monthly basis (CDRL A001). The prime contractor shall electronically submit this report to the QAP and the CO in addition to any other addressees listed in Block 14 of the order’s DD Form 1423, Contract Data Requirements List (CDRL). The Funds and Man-hour Expenditure Report will be prepared and submitted as not separately priced under CLIN X007 Data and will not be directly charged to any specific labor category.

f. Allowable Costs: In order for man-hours to be invoiced, deliverable services must have been performed in direct support of a requirement in the task order PWS. In the course of business, situations may arise where Government facilities may not be available for performance of the task order requirements (i.e., base closure due to weather, Force Protection conditions, etc.). There may also be occasions when Government support contractors are invited to participate in morale and recreational activities (i.e., holiday parties, golf outings, sports days and other various social events). Under these circumstances, contractor employees must comply with individual company policy that is in accordance with that company’s compensation system. In accordance with FAR 37.104(b) personal service contracts are prohibited. The Government does not have an employer/employee relationship with contractor employees and therefore is not authorized to grant administrative leave or expend Government resources to compensate contractor employees for hours expended on activities not included in the PWS. Submission/acceptance of non-work related time as billable under the submission of a public voucher (invoice) for payment constitutes a false claim which may lead to criminal sanctions, fines, suspension and/or debarment.

H-22 UNAUTHORIZED REPRESENTATION/WORK

a. Contractor shall not in any way represent itself, as a part or agent of the United States Government, as having the authority to contract or procure supplies or services on the credit of the United States of America, except as provided in the contract.

b. Contractor shall not accomplish work outside the scope of this contract and shall not utilize in other work, any supplies, parts, or materials acquired for use under this contract.

H-23 USE OF TOBACCO IN DOD FACILITIES

The DoD has banned smoking and the use of smokeless tobacco in Government facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking and the use of smokeless tobacco are permitted outdoors only in designated areas.

H-24 UTILITY SERVICE ON GOVERNMENT FACILITY

a. Utility service on the Government facility will be provided at no cost to the contractor for the performance of this contract. The contractor shall carefully conserve utilities furnished.

b. Class “C” telephone service will be provided.

c. For the purpose of this contract, utilities, water, electricity, and trash removal on the Government facility will be furnished at no cost to the contractor. The contractor will be required to participate in all energy conservation programs.

H-25 MOTOR VEHICLE OPERATION ON BASE

a. The prime contractor (to include team members and subcontractors) are advised that seat belt usage is mandatory at all times on Government installations. Air Force Instruction 31.204, Air Force Motor Traffic Supervision, prescribes that installation commanders must ensure drivers comply with state and local traffic laws both on and off base. Accordingly, while on any Government installation, operators and passengers must wear restraints and may be ticketed by security personnel for failure to comply. Repeated offenses may result in the loss of on-base driving privileges.

b. The contractor personnel are advised that Vehicle operators on a DoD installation and operators of Government owned vehicles will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited (DoD Joint Motor Vehicle Traffic Supervision Regulation, paragraph 4-2). Repeated offenses on Scott AFB will result in the loss of on-base driving privileges and could have an adverse affect on your ability to perform your contract.

H-26 CONTRACTOR PERFORMANCE IN SUPPORT OF WARTIME CONTINGENCY OPERATIONS

a. Contractor shall be responsible for performing all or any specifically designated portions of the functions accomplished under this contract during any wartime operations. Wartime operations are those actions, including contingency planning, which would be required to support current or any future USAF wartime requirement. Contractor personnel will be advised of those functions which will be continued during wartime-related contingencies through their involvement in the contingency planning process.

b. Contractor further agrees to:

1. Assure that formal company policies and procedures effectively address the obligations in this clause, and that all employees associated with this contract are fully aware of those specific policies, procedures, and obligations,

2. Obtain for each employee engaged in any wartime effort, connected with performance of this contract, a written agreement which states that such employee agrees to the obligations imposed by this clause, and provide copies of any and all employment agreements to the Government upon request.

H-27 ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

a. Scott Air Force Base Entry: All contractor vehicles will enter through the Main Gate and may have a proper vehicle search conducted. Exceptions to this policy will be coordinated through the contracting officer and appropriate security forces personnel.

b. Scott Air Force Base Areas Off Limits: The following areas are off limits unless given specific permission, an escort, or work is to be performed in the area listed. Restricted areas, flight line area, General’s row, and dormitories.

c. Alternate Work Locations: Contractors working at alternate work locations will adhere to the local governing directives.

d. Force Protection Conditions (FPCONS): FPCONS describe the progressive level of countermeasures in response to a terrorist threat to US military facilities and personnel. Force Protection Condition measures are used to deter terrorist attacks on DoD facilities and personnel by:

1. Varying routines.

1. Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

e. The five FPCONS are defined as the following:

1. Normal: This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture.

2. Alpha: This condition applies when a general threat of possible terrorist activity against personnel and facilities, the nature and extent of which are unpredictable.

3. Bravo: This condition applies when an increased and more predictable threat of terrorist activity exists.

4. Charlie: This condition applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

5. Delta: This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location or person is imminent.

f. Contractors may be asked to leave the base or not be allowed to enter the base when in elevated FPCONs. For further information concerning FPCONs, contact the contracting administrator or contracting officer for additional guidance.

g. Contractors identified as mission essential, have been briefed on additional duties and responsibilities associated with increased FPCONs.

h. Suspicious Activities/Stolen Equipment: Please report any suspicious activity or stolen equipment to the Law Enforcement Desk at 256-2223.

i. Searches/Spot Checks: During increased Random Force Protection Measures (RAMs) contractors and their equipment are subject to search via RAMs at any time. Spot checks may also be conducted due to RAMs.

j. Identification: Contractor personnel must keep base issued identification on their person while working on base.

H-28 ASSOCIATE CONTRACTOR RELATIONSHIP PROVISION

a. In performance of its responsibilities for AMC, the prime contractor (to include team members and subcontractors) shall enter into agreements with other contractors (hereinafter called “associate contractors (ASCONs)”, to facilitate timely exchanges of information necessary to the performance of this contract and the individual task orders.

b. The contractor shall execute written agreements with companies, individuals, and organizations identified by the Government as ASCONs. The agreements shall provide for the timely, free, and direct exchange of information and data necessary to the performance of this contract and task orders and shall be structured to ensure effective communication between counterparts at all levels. The agreements shall include the provision that any proprietary information furnished by an ASCON pursuant to the work under this task order will be protected from unauthorized release or disclosure beyond the scope of the agreements. Further, the agreements shall hold the Government harmless from liability for the unauthorized disclosure by the contractor of ASCON proprietary information.

c. If the contractor requires technical information from an ASCON, the contractor shall request and obtain any and all such information directly from the ASCON, pursuant to the written agreement with the contractor.

d. The contractor shall freely and directly exchange technical information and data on the performance of its efforts. The Government may conduct meetings to facilitate the exchange of technical information and data between and among ASCONs and other Government personnel. The contractor shall participate in such meetings, and provide program technical information and data. In the event of a disagreement as to what constitutes a permissible exchange of information or data under agreements, the matter shall be brought to the attention of the CO for resolution.

H-29 SUBCONTRACTOR/CROSS TEAMING

a. Subcontractor Lists: Prime contractors (Primes) shall provide a list of all subcontractors (team members) with their initial proposal. Any time a prime desires to add a subcontractor, the prime contractor shall provide an updated list to the CO for review and if adding a subcontractor, approval. Primes are encouraged to foster long-term relations with subs on their teams. The prime contractor is responsible for providing timely notification to the Government of any acquisition or mergers involving the prime contractor to include the potential impact on this contract.

b. Cross-Teaming:

1. Basic Contract: Cross-teaming is a teaming arrangement in which prime offerors participate as a subcontractor/team member with another Prime or team member/subcontractor and/or subcontracts/teams with more than one prime contractor. An Offeror may, for example, compete to be the prime for one team and a subcontractor for another team. FAR 9.6 notes that Contractor team arrangements can benefit the Government by enhancing capabilities, performance, cost, and delivery factors. These arrangements can provide significant business benefits to the teaming partners, such as enhanced system and subsystem capabilities, a more substantial and relevant past performance record, and greater diversity, and ability to meet small business preferences and goals.