Atch_6-_Special_Offutt_Provisions.docx

Attachment 6 Offutt Provisions

1. Compliance with Applicable State and Federal Requirements

2. Changes to this Contract/Purchase Order/Delivery Order

3. SAM.gov Registration

4. Invoice Payment Address

5. Base Entry

6. Required Insurance (IAW FAR 28-306(b)) & FAR 28.307

7. Delivery/Base Access Requirements

8. National Crime Information Center (NCIC) Background Check

9. Access to Installation/Buildings/Containers

10. Restricted Area & Controlled Area Access Requirements

11. Return of Base Restricted & Controlled Area Access ID Credentials

12. Security Requirements

13. Anti-Terrorism Information and Considerations

14. COMSEC Notice

15. Foreign Contractors

16. International Traffic in Arms Regulation

17. Motor Vehicle Operation on Base

18. Contractor Identification Requirements & Performance of Work on Government Premises

19. Contractor Personnel Administration

20. Contractor Reimbursement for Employee Travel Expenses for Temporary Duty

21. Environmental Awareness

22. Organizational Conflicts of Interest Avoidance

23. Permits and Responsibilities for Work

24. Release of Information

25. Unauthorized Representation/Work

26. Equipment/Software Modification/Substitution/Additions

27. Use of Contractor Personnel

28. Mission Essential Service and Employees

29. Associate Contractor Agreements

30. Liability

31. Disclosure of Information

32. Rights of the Government to Perform Functions with its own Personnel

33. Positions

34. Access to Contractor Records

35. Expediting Contract Closeout

36. Post Award/Pre-Performance Conference

37. Bid and Proposal Cost

38. Key Contractor Personnel

39. Subcontractor Lists

40. Reopener Clause

41. Sales Tax

42. Implementation of NDAA Section 8108 (Title 10 USC 2330a) Procurement of Services

43. Six-Month Extension

44. Government Insight

45. Use of Tobacco In DoD Facilities

46. Utility Service on Government Facility

47. Government Provided Facility

48. Conservation of Utilities

49. Quality Assurance

50. Integrated Team Process (ITP)

51. Other Direct Costs (ODCs)/Travel

52. Commercial Computer Software Licenses

1. 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). 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.

2. CHANGES TO THIS CONTRACT / PURCHASE ORDER / DELIVERY ORDER

a. The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

b. Contractual problems, of any nature, which might occur during the life of the contract must be handled in conformance with public laws and regulations and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the Contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO. Any request for contract changes/modification shall be submitted to the CO.

3. SAM.GOV REGISTRATION. Invoice payment cannot be made if a contractor has not been registered through The System for Award Management (SAM). Register at https://www.sam.gov/portal/public/SAM/ this is a single entry point for contractor’s to process System for Award Management (SAM), Online Representations and Certifications Application (ORCA) and Excluded Parties List System (EPLS). Invoices received from a contractor who fails to maintain active SAM registration are considered to be improper and may be returned. The contractor is responsible to maintain active SAM registration until final payment has been made. SAM registration must be updated and renewed annually. If the contractor chooses not to publish their information in SAM.GOV, you MUST fill out and return FAR Provision 52.212-3 Offeror Representations and Certifications – Commercial Items to include the Tax Identification Number within this Provision.

4. INVOICE PAYMENT ADDRESS. All invoice payments will be made by:

Defense Finance and Accounting Service

DFAS-FVB/LI

27 Arkansas Road Limestone, ME 04751-1500

Contact DFAS-FVB/LI to check payment status at 1-800-756-4571 or (216) 522-6998 or via website www.dfas.mil (Contractors & Vendors, then myInvoice (iRAPT)) or via the Wide Area WorkFlow website https://wawf.eb.mil.

5. BASE ENTRY. The Contractor shall be required to contact the program manager to obtain the necessary base entry procedures. All personal vehicles will require liability insurance to the levels established by the state of Nebraska. Contractor personnel shall comply with all safety and security regulations while on base to include reporting problems to the Contracting Officer and Security Desk.

6. REQUIRED INSURANCE (IAW FAR 28-306(b)) & FAR 28.307

a. Reference FAR clause entitled "Insurance . . . “ the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

b. Workmen's Compensation and Employers 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.

c. 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.

d. 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.

e. Whenever the clause 52.228-7, Insurance--Liabilty to Third Persons, 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.

7. DELIVERY / BASE ACCESS REQUIREMENTS

a. Delivery personnel must use the commercial vehicle inspection lane adjacent to the USSTRATCOM Gate off of Capehart road south of the Bellevue, Nebraska, Highway 370 exit. Report to the Pass and Registration office for base access pass issuance, and call for escort (if needed) to the final destination. Note: It is important to know the organization name, and name / phone number of the POC prior to arrival at Offutt AFB.

b. Delivery vehicles are subject to search by Security Forces personnel. All tools, including assembly tools, must be secured within a toolbox in the trailer of the vehicle and should not be transported on base in the cab of the vehicle. All personnel accessing Offutt Air Force Base will be held to safety/security rules of engagement when entering and while on base. These rules include a ban on weapons to include firearms, loaded or otherwise, and the transport of any explosive material.

8. NATIONAL CRIME INFORMATION CENTER (NCIC) BACKGROUND CHECK

a. In addition to the requirements identified in FAR 52.204-9 - Personal Identity Verification of Contractor Personnel and AFFARS 5352.242-9000 - Contractor access to Air Force installations, all contract employees require a positive NCIC background check prior to being granted access to Offutt AFB in accordance with the installation security policy. To expedite this requirement, the contractor shall make contact with the sponsoring unit/base agency POC or security manager listed above, and request a copy of the 55 SFS Contractor / Vendor Pass Request & NCIC Screening Spreadsheet (See information template below). The contractor shall provide the data requested on the spreadsheet for every employee proposed to perform work under this contract requiring physical access to Offutt AFB. The contractor shall return all completed spreadsheets to the sponsoring unit/base agency POC or security manager no later than 5 business days prior to the contract start date. See below for additional security checks needed for restricted and controlled areas.

55 SFS Contractor / Vendor NCOC Screening & Pass Request Spreadsheet Template

Note: Only use the spreadsheet provided by the base agency POC /or security manager. Input employee data as shown in the above template format. Non U.S. Citizens require additional vetting processes and must physically present their employment authorization card to the Pass & ID office before access can be granted. If airfield access is required, please allow an additional 14 days to process the Entry Authorization List (EAL). Contact base agency POC for more details.

b. If an individual is denied a base pass/access to the installation, the contractor is not prohibited from hiring that individual for work on this contract as long as the work entailed does not require the individual to have physical access to Offutt AFB or any of its facilities. Employees who refuse to complete the form will be denied access to the installation.

c. All illegal aliens are considered unauthorized individuals and will be barred from the base. Illegal aliens attempting entry or found on the installation (if incorrectly issued a pass) will be processed as an unauthorized individual and removed from the installation. In addition to notifying the contractor of the illegal alien, the Offutt AFB Security Forces will notify AF Office of Special Investigations, local police and the US Immigration and Customs Enforcement office. Contractors are prohibited from hiring illegal aliens for work on a Government contract and the other Government agencies contacted upon discovery of the illegal may seek corrective and/or punitive actions pursuant to law against the hiring organization if violations occur.

d. The below list identifies reasons why an individual, if they are identified during the NCIC check, would be denied access to Offutt AFB:

Disqualifiers that would deny contract employee’s entry/access to the installation or its facilities:

· Individual is barred from entry/access to any military installation or facility.

· Identity, US Citizenship, immigration status, or social security number cannot be verified or individual uses fraudulent credentials to attempt entry.

· Individual is wanted by federal or civil law enforcement authorities, regardless of offense or violation.

· Conviction of firearms or explosives violation within the past three years

· Incarcerated for 12 months or longer within the past three years, regardless of offense or violation.

· Conviction of espionage, sabotage, treason or terrorism, murder, sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution.

· Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity.

· Any other criminal activity identified on the NCIC check that the Wing Commander determines to be so serious as to pose a possible threat to the safety and security of base personnel and facilities.

· Name appears on any federal installation debarment list.

e. A 100% Base Pass check is required for all contractors (even if a passenger in an authorized vehicle) and contract vehicles entering the installation. Contractors are not authorized to bring guests or other contract employees onto the installation unless those individuals are personally in possession of a base pass or Government Identification card.

9. ACCESS TO INSTALLATIONS/BUILDINGS/CONTAINERS. 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 Government installations or any Government property considered to be part of the Government installation. 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.

10. RESTRICTED AREA & CONTROLLED AREA ACCESS REQUIREMENTS

a. In accordance with AFI 31-101, Integrated Defense, and the 55th Wing Integrated Defense Plan, access to controlled and restricted areas is a formal process with strict controls for approving unescorted entry. Unescorted entry to these areas should never be granted solely on the basis of convenience.

(1) Offutt AFB uses the AF Form 2586 Unescorted Entry Authorization Certificate, to document, coordinate, and approve unescorted entry authority for issuance of a base restricted area badge. Issuance of this type of credential requires additional vetting that takes place after the base access approval process.

(2) Certain projects will only require the sponsor to submit an entry authority list (EAL) for contract worker entry. Use of EALs for accessing restricted/controlled areas will require additional vetting that takes place after the base access approval process.

b. Sponsoring unit security managers determine need and suitability for access into these areas based on contractual requirements and mission needs. Security managers will coordinate all restricted area access requests to appropriate unit commander(s) for access approval.

c. Contractors must have a “Green Stripe” Common Access Card (CAC), or long term Defense Biometric Identification System (DBIDS) Card for base access prior to a restricted area badge request being initiated.

11. RETURN OF BASE RESTRICTED & CONTROLLED AREA ACCESS ID CREDENTIALS

a. AF Federal Acquisition Regulation Supplement (AFFARS) 5352.242-9000, Contractor Access to Air Force Installations, Jun 02, is incorporated in local contracts. The contractor’s failure to comply with AFFARS requirements may result in withholding of final payment

b. All contractor identification credentials issued for base access and access to restricted/controlled areas must be returned to the issuing agency once the contract is completed or upon employment termination.

12. SECURITY REQUIREMENTS

a. 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 per DD254 in Section J, Attachment 4. (Ref FAR 52.204-2)

b. The Contractor will be required to comply with all security requirements enforced at USSTRATCOM and on Offutt AFB NE. 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.

c. When directed by the Contracting Officer, the Contractor shall remove any employee who endangers national security. Removal shall be at no cost to the Government.

d. Contractor employees shall obtain and display identification/security badges to obtain access to Offutt AFB and any buildings used by the Contractor. Security Clearances will be processed IAW established procedures, and will be the responsibility of the Government.

e. 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.

f. 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 Offutt AFB (Offutt AFB includes the base proper, the USAF Hospital and Capehart Military Family Housing areas).

g. 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.

h. Contractor employees shall be required to attend an equivalent level of security education and training as currently required by USSTRATCOM military staff and civilian employees. This includes the quarterly information and computer security refresher training (approximately 1 hour per quarter), and annual anti-terrorism awareness briefings (approximately 1 hour per year). 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 subcontractors attend this required training.

i. Start of required work will not be delayed due to security clearance; however, personnel without the required clearance shall be limited to material appropriate to their current clearance.

13. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

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

b. 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, dormitories (Bldgs 324, 326, 365, 367, 400 and 402), Bldg 500 complex, and gymnasiums (Offutt Field House). Travel to and from the worksite will be made by the most direct route possible.

c. 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.

(2) Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

d. The five FPCONS are defined as the following:

(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.

e. 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.

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

g. Suspicious Activities/Stolen Equipment: Please report any suspicious activity or stolen equipment to the Law Enforcement Desk at 294-6110.

h. 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.

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

14. 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. The DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, Contractor personnel are advised that any time they place a call to, or receive a call from, an USAF organization, they are subject to COMSEC procedures. The Contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information.

15. FOREIGN CONTRACTORS

a. The use of a foreign person, as defined in the International Traffic in Arms Regulations, is prohibited unless specifically authorized by an individual task order.

b. The contractor shall notify USSTRATCOM thirty (30) calendar days prior to any new Non-US Citizen participation on this contract. The following information should be provided: First, Middle, Last name, Alias (if any), place of birth, date of birth, nationality, employer name and address, residence address, and Passport/VISA number.

16. INTERNATIONAL TRAFFIC IN ARMS REGULATION

EXPORT-CONTROLLED DATA RESTRICTIONS (AFI 61-204, 30 AUG 2002)

a. For the purpose of this clause,

(1) Foreign person is defined as any person who is not a citizen or national of the US or lawfully admitted to the US for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments.

(2) Foreign representative is defined as anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, foreign-owned or influenced firm, corporation, or person.

(3) Foreign sources are defined as those sources (vendors, subcontractors, or suppliers) owned and controlled by a foreign person; and

b. The contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause.

c. Nothing in this clause waives any requirement imposed by any other US government agency with respect to employment of foreign nationals or export controlled data and information.

d. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR, Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (CFR Section 125). The contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (Reference DOD 5220.22-M, National Industrial Security Program Operating Manual [NISPOM]).

17. MOTOR VEHICLE OPERATION ON BASE

a. Contractor personnel are advised that seat belt usage is mandatory at all times on Offutt AFB. Nebraska state law requires the use of restraints in a vehicle. Offutt AFB Instruction 31-204, 20 October 2010, Security, Motor Vehicle Traffic Supervision states that failing to utilize seat belts or other restraints while moving will result in the issuance of a 7-day driving suspension and the individual’s traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse effect on your ability to perform your contract. 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 Offutt AFB, operators and passengers must wear restraints and may be ticketed by Offutt security personnel for failure to comply. In addition, the following administrative penalties, as a minimum, will be imposed on drivers who are cited for speeding 10 mph - 15 mph over base housing posted speed limits: the first offense will result in the issuance of a 7-day driving suspension and the individual’s traffic history being assessed points. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse effect on your ability to perform your contract.

b. 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). Using a cell phone while driving, without hands free device will be considered a "primary offense", meaning that violators are subject to being stopped and ticketed solely for this offense and the individual’s traffic history on Offutt AFB being assessed points for the first offense. Repeated offenses on Offutt AFB will result in the loss of on-base driving privileges and could have an adverse effect on your ability to perform your contract.

18. CONTRACTOR IDENTIFICATION REQUIREMENTS & PERFORMANCE OF WORK ON GOVERNMENT PREMISES. Contractor personnel performing services on Department of Defense installations or other Government facilities shall ensure that they are readily identifiable as Contractor employees.

a. Contractor employees 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 the Government facility, or any other Air Force building on Offutt Air Force Base used by the Contractor's employees.

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

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

(5) All Contractor and subcontractor employees shall dress appropriately for a professional work environment.

19. 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. The Contractor shall have the right to replace, transfer or substitute personnel. Contractor personnel replacement shall be accomplished without causing delays in the performance of this contract. Any replacement personnel must meet the contract requirements, be able to comply with all security requirements, and replacement must be at no additional cost to the Government. The Contracting Officer shall be notified of any key personnel change in writing prior to such change. The Contractor is required to find a qualified replacement.

c. The 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.

d. 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.

e. 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. The Contractor shall not construe or interpret this to establish any degree of Government control inconsistent with a non-personal services contract.

f. Further information can be found in The Guide For The Government-Contractor Relationship.

20. CONTRACTOR REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES FOR TEMPORARY DUTY. Contractor employees may have occasion under this contract to travel from their regular duty locations to a temporary duty location. All Contractor travel shall be approved by the Government prior to 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. Rental cars will be limited to compact, except if prior authorization is received from the Program Manager prior to the travel taking place.

b. The Contractor shall be paid a per diem allowance for each day an employee is required to remain away overnight 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 the current Joint Travel Regulation (JTR). When Government quarters are available, 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 JTR, 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.

d. Travel within a fifty mile radius of Offutt AFB, NE will not be compensated.

21. 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. The Contractor shall ensure that all employees practice utilities conservation within Government facilities.

22. ORGANIZATIONAL CONFLICTS OF INTEREST AVOIDANCE

a. The Contractor shall acknowledge familiarity 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 organizational conflict of interest, 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 other companies coming into its possession in connection with the work under this contract for as long as it remains proprietary.

(2) To execute company-to-company written agreements with 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, and other terms and conditions to be agreed upon between the parties thereto. A copy of company-to-company agreements shall be furnished to the Contracting Officer promptly after execution of the contract.

(3) 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 Government information, a written agreement, which, in substance shall provide that the employee will not, during employment by the Contractor or thereafter, disclose any such proprietary data or classified Government information to which the employee had access in connection with the work under this contract.

(4) 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.

(5) 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.

(6) This provision shall remain in effect so long as the third party data remains proprietary and/or the Government information is classified.

b. 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 organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

c. If a Contractor determines that it, or any potential subcontractor, has an organizational conflict of interest, or a potential organizational conflict of interest, 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 organizational conflict of interest such that the full scope of work contemplated by the solicitation can be performed by the Contractor.

d. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

e. The Contracting Officer may terminate this contract for convenience, in whole or in part, if he/she deems termination necessary, to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award but did not disclose it, or misrepresented relevant information to the Contracting Officer, 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.

f. The general rules in FAR 9.505 prescribe limitations on contracting as the means of avoiding, neutralizing, or mitigating organizational conflicts of interest 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.

g. Except with the prior written consent of the Contracting Officer, 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.

23. PERMITS AND RESPONSIBILITIES FOR WORK. The Contractor shall, without additional expenses to the Government, obtain all licenses and permits required for the performance of the work. The 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.

24. RELEASE OF INFORMATION

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

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 Contracting Officer.

25. UNAUTHORIZED REPRESENTATION/WORK

a. The 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. The 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.

26. EQUIPMENT/SOFTWARE MODIFICATION/SUBSTITUTION/ADDITIONS. Contractor Supplied Equipment/Software. No items may be substituted/modified/added until the Contractor has submitted a proposal to the Contracting Officer, with adequate supporting justification, an agreement between the Contracting Officer and the Contractor is reached to affect such substitution/modification/additions and authorized by bilateral modification to the contract.

27. USE OF CONTRACTOR PERSONNEL. The Government outsources various types and levels of support. The Contractor shall cooperate with other Government support Contractors to the extent necessary to facilitate efficient, responsive provisions of service. The Contractor shall not, however, take direction from other Contractors, unless those other Contractors are designated as Government representatives, such as those working on Intra-Governmental Personnel Assignment (IPA). All modifications, realignment, or redirection of the contractor’s technical efforts and/or contract requirements shall be effected only by the written direction of the Contracting Officer. It is expressly understood that the operation of this clause is not basis for an equitable adjustment.

28. MISSION ESSENTIAL SERVICE AND EMPLOYEES. (Reference Section I, Contract Clause DFARS 252.237-7023 and 252.237-7024). Pursuant to DoDI 1100.22 dated 12 April 2010, the contractor shall identify the number of contractor employees and equivalent man-years required to perform essential services. The contractor shall develop contingency plans for those mission-essential tasks to provide reasonable assurance that the tasks would be performed during crisis. The contractor shall identify employees with military mobilization and recall commitments and develop contingency plans to replace those employees in the event of mobilization, in accordance with guidelines in DoDI 1100.22 and DoDD 1352.1. The Contracting Officer has identified a portion of the services performed under this contract as "Essential DoD Contractor Services" as identified and described in DoD Instruction 1100.22. These "Mission Essential Contractor Personnel" will be identified in the task order.

29. ASSOCIATE CONTRACTOR AGREEMENTS

a. Pursuant to its responsibilities under the contract, the contractor may find it necessary to forge relationships with companies, individuals, or organizations (hereinafter called “associate contractors (ASCONs),” to facilitate exchanges of information necessary to the performance of this contract. The contractor shall be required to support transition (phase-in and phase-out), the Integrated Team Process (ITP), and Technical Interface/Integration meetings (TIMs) with other contractors and other Government agencies. Relationships shall be identified via written Associate Contractor Agreements (ACAs).

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 shall be structured to ensure effective communication between counterparts at all levels. The contractor shall enter into an ACA for any portion of the contract requiring joint participation of two or more prime contractors to accomplish the requirements. The ACAs shall include the basis for sharing information, data, technical knowledge, expertise, and resources essential to the integration of the contract. The contractor shall write the ACAs to ensure the greatest degree of cooperation to meet the terms of the contract.

c. The intent of the ACA is to: 1. Ensure the greatest degree of cooperation to meet the terms of the Mission and 2. Protect the contractor’s and the ASCON’s proprietary information they will share with each other where such proprietary information would be required by the contractor or ASCON in the performance of their contracts. ACAs shall include the provision that any proprietary information furnished by an ASCON pursuant to the work under this contract will be protected from unauthorized release or disclosure beyond the scope of the agreements. Further, the agreements shall indemnify and hold the Government harmless from liability of any claim asserted by the ASCON arising out of the compromise, misuse or unauthorized disclosure by the contractor of an ASCON’s proprietary information.

d. The contractor will not be required to provide proprietary information to non-Government entities or personnel absent non-disclosure agreements between the contractor and those entities/personnel.

e. With allowance for changes to contracts over time the list of contractors requiring executable ACAs includes, but is not limited to:

· Other contractors associated with the requirement

f. ACAs shall include the following general information:

· Identify the associate contractors and their relationships.

· Identify the services involved and the relevant Government contracts of the associate contractors.

· Specify the categories of information to be exchanged or support to be provided.

· Include the expiration date (or event) of the ACA.

· Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

g. The Contractor shall provide a copy of each ACA to the Contracting Officer for review before execution of the document.

h. The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

i. If any conflict exists between this contract and an ACA, this contract shall take precedence.

j. All costs associated with the ACAs are included in the negotiated cost of this contract. The Government may require the contractor to amend ACAs during performance of this contract.

k. Government contractors, other contractors, or other Government agencies are not authorized to direct the contractor in any manner.

l. The contractor agrees to include a clause substantially the same as this clause in subcontracts. This agreement will not relieve the contractor of its responsibility to manage its subcontract effectively, nor is it intended to establish privity of contract between the Government and the contractor’s subcontractors.

m. This clause shall not prejudice the contractor or its subcontractors from negotiating separate organizational conflict of interest agreements with other contractors. Separate agreements shall not restrict any of the Government’s rights established through other clauses of this contract.

n. 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 ACAs, the matter shall be brought to the attention of the Contracting Officer for resolution.

30. LIABILITY

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

b. The 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.

31. DISCLOSURE OF INFORMATION. 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 Contracting Officer at least 45 days prior to the desired information release date.

32. 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.

33. POSITIONS. Individuals filling cleared positions must possess the knowledge, training, qualifications and certifications required in PWS. All required certifications must remain current at no additional cost to the Government throughout the life of the contract.

34. ACCESS TO CONTRACTOR RECORDS. The contractor shall permit the Contracting Officer or an authorized representative at any reasonable time, access to all records, data,…