Att_18_Local_Instructions.pdf

FA4600-16-R-0012

Attachment 18

SPECIAL CONTRACT INSTRUCTIONS

1. UTILITY SERVICES

The Government will furnish utilities to the contractor without charge where existing outlets and supply are available and are adequate for the project.

2. REQUIRED INSURANCE

Work on a Government Installation (a)(S-90) Proof of Insurance. When FAR 52.228-5, Insurance-Work on a Government Installation, is included in a contract, contracting officers must request and receive proof of insurance from prime contractors before the contractor begins work on the installation. Retain proof of insurance in the contract file. Alternatively, the contracting officer may use the Notification of Compliance with Contract Insurance Requirements template to request and receive the contractor’s notification of insurance coverage in lieu of proof of insurance.

3. SYSTEM FOR AWARD MANAGEMENT (SAM) (ANNUAL REPRESENTATIONS AND

CERTIFICATIONS)

a. All offerors in response to this solicitation shall complete electronic annual representations and certifications at https://www.sam.gov in conjunction with required registration in the System for Award Management (SAM) database. (See Section K for additional applicable solicitation-specific representations and certifications).

b. Prospective contractors shall update the representations and certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM.

4. PREAWARD SITE INSPECTIONS

Contractors shall inspect job sites with Government representatives. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

5. WAWF ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS APPLIES. USE OF WAWF IS

MANDATORY

6. BASE ACCESS

Gate Passes and AF Form 103’s. See Offutt AFB Special Instructions for requirements to obtain authorized access to Offutt AFB.

7. 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.

OFFUTT AFB SPECIAL INSTRUCTIONS

Updated: 10 November 2015

A. INVOICE SUBMISSION AND PAYMENT

ELECTRONIC SUBMISSION OF INVOICES AND RECEIVING REPORTS IS

MANDATORY in accordance with DFARS 252.232-7003

1. ELECTRONIC SUBMISSION VIA WIDE AREA WORKFLOW (WAWF): Contractors must register and begin submitting electronic invoices immediately through the Wide Area Workflow Receipt and Acceptance Internet site: https://wawf.eb.mil/. On line training is available at http://www.wawftraining.com unless unable to do

so. Use the following data elements to invoice for services or supplies procured via this contract. The award document number is located in the lower right-hand corner.

2. SEE DFARS CLAUSE 252.232-7006 Wide Area Workflow Payment Instructions, in full text

3. PAYMENT 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 (800) 390-5620 or (207) 328-5620 or via website www.dfas.mil: (Commercial Pay, then Vendor Pay Inquiry System (VPIS), then Non-MOCAS System:

then Query by Contract Number, EFT Trace Number, DUNS Number or Cage Code)

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

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.

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.

C. DELIVERY / BASE ACCESS REQUIREMENTS

1. Delivery personnel must use the commercial vehicle inspection lane adjacent to the STRATCOM 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.

POC: TBA (402)________________

2. 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.

3. Per memorandum from 55WG/CC dated 1 Jun 2015, inappropriate slogans, images, or ornamentation on personally owned vehicles or materials inside of a Privately Owned Vehicle (POV) within plain view to a passerby, are not tolerated on Offutt AFB. Materials will be considered “inappropriate or unprofessional” includes materials that emphasize sexual or other inappropriate activity that is detrimental to a professional working environment i.e.

lewd bumper stickers or sexually graphic decals or hitch ornamentations. Personnel may either remove the inappropriate materials or be required to cover them as a condition to allowing the POV on the installation.

Personnel who deliberately or repeatedly violate this policy may be barred from driving a POV on the installation for an appropriate length of time.

D. NATIONAL CRIME INFORMATION CENTER (NCIC) BACKGROUND CHECK

1. 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.

2. 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.

3. 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.

4. 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:

- U.S. Citizenship, immigration status, or Social Security Account Number cannot be verified.

- 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.

U.S. Citizen

Last First, MI Year Month Day Drivers License/ID # State First 3 Last 6 Days Hrs Dates (MMDDYYYY) Yes / No Mon‐Fri 0730‐1630 04032015 ‐ 04302015 Yes

Full Name Date of Birth SSAN Work Schedule

55 SFS CONTRACTOR/VENDOR NCIC SCREENING & PASS REQUEST SPREADSHEET

Perso nally Ident ifying Info rmatio n (PII) b eing co llected by this fo rm is autho rized fo r co llect ion und er p ro vis ions o f 10 U.S.C. 8 013 , Secretary o f the Air Fo rce, Do D 52 00 .2R, Do D Personnel Security Pro gram; AFI 3 3-2 02 , Comp uter Security, Info rmat ion will b e maintained b y local Security Forces Autho rity while access requirements exis t . Info rmatio n access is res t ricted to personnel respo ns ib le fo r co ntract ad minis tratio n, o r o therwise needed in the perfo rmance o f o fficial DoD dut ies . Info rmat ion will be p ro perly d isp osed o f when it s req uired use has been conclud ed .

Pro vid ing this info rmatio n is vo luntary; however, failure to p ro vide all o f the req uired d ata sho wn on the sp read sheet will result in d enial o f ent ry to the ins tallat ion. This info rmatio n is exempt fro m OMB licens ing und er p rovis io ns o f AFI 3 3-32 4 , Info rmat ion Co llectio ns and Repo rts

Manag ement Pro gram; Contro lling Internal, Pub lic, and Interagency Air Fo rce Co llect ions , p arag rap hs 3 .16 .11 and 3 .16 .16 .3 .

Offutt AFB Sponsoring Agency / Unit: (Filled in by base sponsor) Company Name:

Base Sponsor's Name: (Filled in by sponsoring agency) Company Address:

- 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.

5. 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.

RESTRICTED AREA & CONTROLLED AREA ACCESS REQUIREMENTS

1. 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.

a. 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.

b. 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.

2. 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.

3. 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.

RETURN OF BASE / RESTRICTED & CONTROLLED AREA ACCESS IDENTIFICATION

CREDENTIALS

1. 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

2. 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.

E. MOTOR VEHICLE OPERATION ON BASE

1. 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.

2. 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.

F. ANTI-TERRORISM INFORMATION AND CONSIDERATIONS

1. 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.

2. 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, and 367), Bldg 500 complex, and the Offutt Field House gymnasium. Travel to and from the worksite will be made by the most direct route possible.

3. 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.

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.

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.

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

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

6. 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.

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

G. REQUIRED INSURANCE (IAW FAR 28-306(b))

Reference FAR clause 52.228-5 entitled “Insurance – Work on a Government Installation”, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(1) 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.

(2) 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.

(3) 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.

H. RESERVED

I. IMPLEMENTATION OF NDAA SECTION 8108, CONTRACTOR INVENTORY

**NOTE** The below Section 8108 is only applicable for service acquisitions valued greater than or equal to the Simplified Acquisition Threshold (SAT), acquired with appropriated funds, and where the Department of Defense is the requiring activity. This includes supply contracts with embedded service elements, Architect and Engineering (A&E), and Research and Development (R&D).

FY11 NDAA Section 8108, Contractor Inventory

“The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract to include all task orders for the designated period via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.ecmra.mil.

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

*Reporting Period: Contractors are required to input data by 31 October of each year, beginning with 2013.

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

Applicability: The reporting requirement applies to all contracted services, provided the organization that is receiving or benefiting from the contracted services is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. In general, the only contracted services excluded from reporting are construction and utilities

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