Att_02_Local_Requirements.pdf

FA4600-17-R-0008

ATTACHMENT 2

LOCAL REQUIREMENTS

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. 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.

4. 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.

5. 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.

6. 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

55 SFS CONTRACTOR/VENDOR NCIC SCREENING & PASS REQUEST SPREADSHEET

Personally Identifying Info rmation (PII) being collected by this form is authorized for collection under p rovisions of 10 U.S.C. 8013 , Secretary of the Air Force, Do D 5200 .2 R, Do D Personnel Security Program; AFI 33 -202 , Computer Security, Info rmation will be maintained by lo cal Security

Forces Authority while access requirements exist. Info rmation access is restricted to personnel responsible fo r contract adminis tratio n, o r o therwis e needed in the performance o f o fficial Do D duties. Info rmat io n will be p roperly disposed of when it s required use has been concluded.

Provid ing this info rmatio n is vo luntary; however, failure to p rovid e all o f the required data shown on the spreadsheet will result in denial o f entry to the ins tallat ion. This info rmatio n is exempt from OMB licens ing under provis io ns of AFI 33 -324 , Info rmat io n Co llectio ns and Reports

Management Program; Contro lling Internal, Pub lic, and Interagency Air Force Co llect io ns, paragraphs 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:

Base Sponsor's Phone #: (Work/Cell) (Filled in by base sponsor) Company Representative Name:

Request Date: (Filled in by base sponsor) Company Representative Phone Number:

Full Name Date of Birth SSAN Work Schedule 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

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. Ohe 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.

- 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.

RESTRICTED AREA & CONTROLLED AREA ACCESS REQUIREMENTS

f. 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.

g. 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.

h. 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.

i. 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.

j. 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

k. 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.

l. 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.

7. 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.

8. 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, 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.

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:

d. Varying routines.

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

(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.

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.

9. 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

2 013.

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 http://www.ecmra.mil/

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.

http://www.ecmra.mil/