Atch 6 SPECIAL CONTRACT REQUIREMENTS.doc

Attachment 6

SPECIAL CONTRACT REQUIREMENTS

H-1 LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY

(a) Logistics support as defined in the performance work statement will be provided to authorized Contractor employees and their dependents to the extent these services are available at the location where the contract is to be performed and as authorized by current applicable Air Force and European theater regulations, by current applicable international agreements and arrangements, by current policies, and the local installation commander. Lack of availability of any of these services shall not serve as a basis for claims by a Contractor against the Government for increased cost of contract performance.

(b) An authorized Contractor employee is defined as an employee who has been hired as a consequence of this contract and is employed at least 40 hours per week on this contract. For Italy, procedures must be in accordance with the Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and The Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by U.S. Forces in Italy, signed 2 February 1995. To qualify for Civilian Personnel status in Italy, the employee must

(i) not be a stateless person;

(ii) not be a national of any State which is not a Party to the North Atlantic Treaty;

(iii) not be a national of Italy;

(iv) not be ordinarily resident in Italy; and

(v) be certified as a technical representative and issued a NATO SOFA

Identification by the United States Sending State Office (USSSO) for Italy or by a base legal office with delegated authority. The final authority to determine whether an employee qualifies for Civilian Personnel status is USSSO.

(c) United Kingdom (UK) Civilian Component Stamp. The Contractor shall be responsible for ensuring their company is registered with the Office of the Special United States Liaison Officer, American Embassy London, UK to establish eligibility for Status of Forces Agreement Civilian Component passport stampings, under the terms of the Special Memorandum of Understanding, dated 7 July 1987. If Civilian Component status is not achieved, the Contractor could be held responsible for payment of British income tax, British council tax, and import tax on privately owned vehicles. Other taxes could also pertain.

(d) Any logistic support for other than NATO countries must comply with the International Agreement of the host nation.

(e) Abuse of Privileges. The Contractor will include a provision in his employment agreement with his employees to provide for disciplinary action, or discharge for cause, of the employee for any abuse of privileges authorized to herein. The US Government retains the right to withdraw privileges as a result of Contractor employee abuse at no additional cost to the US Government. This provision in no way will prohibit disciplinary action or legal prosecution by either the US Government or the host country Government. Services or privileges may be denied an individual basis at the discretion of the Installation Commander.

(f) The Contractor shall assure that upon termination or transfer of any employee who is granted logistic support, action is taken simultaneous with the termination of employment to assure that said employee ceases to have access to the services granted under logistic support. The Contractor shall assure that identification passes or other documents pertinent to or peculiar to the contract or privileges thereunder are turned over to the issuing office upon termination or transfer of any employee. The Contractor shall require a written receipt of such return and shall immediately forward a copy to the CO.

H-2 LOGISTIC PRIVILEGES FOR TECHNICAL REPRESENTATIVES IN THE UNITED

KINGDOM, ITALY, AND TURKEY.

The following are typical services available at the various installations. Use of these facilities by Contractor personnel shall be in accordance with the Status of Forces Agreement (SOFA). Lack of availability of any of these services shall not serve as a basis for claims by the Contractor against the Government for increased cost of contract performance.

(a) Commissary (including rationed items).

(b) AAFES facilities (includes military exchange, theater, food concessions, etc.). Rationed items (tobacco and spirits) are subject to controls imposed by USAREUR Regulation 600-702.

(c) Customs exemptions and duty free importation of household goods: Not available.

(d) Local services (morale, welfare, and recreation).

(e) Military banking services.

(e) Military postal services.

(f) Mortuary services: Available on a reimbursable basis.

(g) POV license: Available upon completion of written test and locally established procedures.

(h) POV registration: Available, however, local policy and procedures apply.

(i) Petroleum and oil products (tax free): Available for purchase on US bases. NOTE: This is for use in POVs, company vehicles supporting this contract are NOT entitled tax free petroleum and oil products.

(j) Transient billets: Available on a reimbursable basis.

(k) Education services: Available, on a space-available, reimbursable basis.

(l) Chapel services.

(m) Dependent schools: Available, on a space-available, tuition-paying basis.

(n) Emergency medical and dental services: Available on a reimbursable basis.

(o) Pet registration and control: Available, local procedures apply

(p) Law enforcement: Depending on the particular installation, incidents and accidents on base may be handled by US Security Forces (SF), Military Police (MP), or by local police

H-3 PERFORMANCE IN GERMANY

Contracts to be Performed in the Federal Republic of Germany

(a) In accordance with the exchange of notes (dated 27 Mar 98) implementing the Provisions of Articles 72 and 73 of the German Supplementary Agreement (SA) to the North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA), non-German citizens of a NATO member country who perform services on US Government contracts shall not start work in Germany without meeting one of the following criteria:

(1) Technical Expert Status Accreditation (TESA)

(2) Troop Care Status Accreditation (TCSA)

(3) Analytical Support Status Accreditation (ASSA)

(4) Military Exigency (ME) via TESA or ASSA

(5) TESA/ASSA TDY

(6) Exemption from German work permit ("fax back")

(7) German work permit or compliance with European Union member nation exchange laws and regulations

(8) Certificates of limited tax liability and a German work permit

(b) In order to request status under paragraph (a)(1) through (a)(5) above, the Contractor shall submit all Sub-Contractor agreements which will be used for the Government's Contract Notification package to DoD Contractor Personnel Office (DOCPER). The Contractor shall submit Technical Expert Status Accreditation (TESA)/Troop Care Status Accreditation (TCSA)/Analytical Support Status Accreditation (ASSA) application packages for any employees for which TESA/TCSA/ASSA is sought within three business days of the individual being hired.

(c) The applications cited in paragraph (b) above shall be submitted by the Contractor, by means of the DOCPER Contractor Online Processing System (DCOPS) through the Contracting Officer's appointed representative to DOCPER. DOCPER's contact information is available at the DOCPER Internet site http://www.per.hqusareur.army.mil/cpd/docper/GermanyDefault.aspx

(d) A 10-week temporary TESA or ASSA may be granted by the US Government for purposes of Military Exigency (ME). ME is granted for time sensitive, mission critical positions for the purpose of permitting individual contract employees, who upon initial review of the application appear to meet the requirements of TESA or ASSA, to begin working in Germany prior to TESA/ASSA accreditation.

(e) Current Common Access Card (CAC) procedures:

(1) DOCPER issues the DD 1172-2.

(2) The Quality Assurance Personnel (QAP), as the Trusted Agent (TA), creates a Contractor Verification System (CVS) account for the Contractor employee to enter and complete online personal information.

(3) The employee takes a copy of the DD 1172-2 and proof of CVS entry into the database to the pass and identification issuing office to obtain CAC.

(f) In addition to AFFARS clause 5352.242-9001, CACs for Contractor Personnel, local policy directs the Contractor to turn in CACs to the issuing office and provide written/signed documentation, by the Program Manager or equivalent, of the office and date CACs were returned for any actions defined within paragraphs (d) and (e).

(g) The Contractor shall allow German Government authorities to visit the Contractor's work areas for the purpose of verifying the status of positions and personnel as Technical Expert (TE)/Troop Care (TC)/Analytical Support (AS) employees. Such visits will not excuse the Contractor from performance under this contract or result in increased costs to the Government.

(h) The contract price shall not be subject to an economic adjustment with regard to TESA/TCSA/ASSA in the event that

(1) the contract and any or all positions identified in the Contractor's proposal are disapproved for TESA/TCSA/ASSA; or

(2) any or all positions submitted for TESA/TCSA/ASSA consideration during the life of the contract are disapproved for TESA/TCSA/ASSA; or

(3) any or all Contractor employees are denied TESA/TCSA/ASSA; or

(4) TESA/TCSA/ASSA accreditation is rescinded during the life of the contract.

(i) If the Contractor's employees will be performing in the Federal Republic of Germany under the conditions identified in paragraphs (a)(6) through (a)(8) of this clause, DOCPER is not involved in the process.

H-4 INFORMATION APPLICABLE TO LAJES (PORTUGAL) – AZORES

(a) The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance:

As required by Portuguese Law

1) Insurance applicable to civil construction.

2) Portuguese Law #2127, Labor Accidents 3 Aug 65

3) Automobile liability

(b) The Contractor shall also procure and maintain during the period of performance under this contract insurance to cover injuries to persons or damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees. Reference FAR 28.306 “Insurance under Fixed-Price Contracts” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(c) 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 required Workmen’s Compensation insurance shall extent to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of “As required by Portuguese Law”.

(d) General Liability Insurance. Bodily injury liability insurance, in the minimum limits of “As required by Portuguese Law” per occurrence shall be required.

(e) Automobile Liability Insurance. This insurance shall be required 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 limit of “As required by the Portuguese Law” per person and “As required by the Portuguese Law” per occurrence for bodily injury and “As required by the Portuguese Law” per occurrence for property damage shall be required.

EMPLOYEE RECRUITING (PORTUGUESE NATIONAL):

It is the Contractor’s responsibility to comply with the following requirements for Portuguese National employees.

(a) The Contractor, using his own forms, may contract directly with, or request assistance from the Civilian Personnel Office, civilian recruitment section, Headquarters Azores Air Command (SRPC, HAAZ), in contracting Portuguese National employees. The Contractor’s contract form must include, as a minimum, the following: name, social welfare number, date and place of birth, residence (village and council), parent’s name, marital status, spouse’s maiden name, professional degree or skill, salary, meal and transportation allowances.

(b) It will be the Contractor’s responsibility once he has obtained his employees, to clear them through SRPC.

(c) The Contractor shall request on SPEC/HAAZ forms the number of passes needed. A pass will be issued to each employee. The employee will proceed with the pass directly to the Portuguese Air Police Identification Section as the main gate for proper clearance and return to SRPC/HAAZ to have the pass laminated.

(d) The Contractor shall inform SPRC/HAAZ when the contract period of performance is changed and return all passes to SPRC/HAAZ upon completion of the contract.

(e) Failure to comply with paragraph (b) or (c) of this clause may result in the denial of entrance to this installation.

(f) U.S. citizens and Third Nation personnel, who are residents of Terceira Island at the time they are hired by the Contractor, must comply with the Portuguese Law regarding work permits. It is the responsibility of the Contractor to insure compliance with these laws. Failure to do so may result in the employee being denied access to Lajes Field.

H-5 REIMBURSEMENT FOR CONTRACTOR TRAVEL (TDY)

(a) Contractor required TDY deployment travel and commercial fuel costs will only be reimbursed with an approved Letter of Identification (LOI). Other travel, lodging, and per diem will only be reimbursed if authorized on the LOI.

(b) To obtain reimbursement for TDY deployment travel and commercial fuel cost, the Contractor is required to submit all documentation necessary to justify the reimbursement to the Functional Director/Functional Commander (FD/FC) or Quality Assurance Personnel (QAP).

(c) TDY deployment travel and commercial fuel costs shall not include any profit, fee or overhead expenses. Per Diem rates shall not exceed the amounts as authorized by the Joint Travel Regulation.

(d) In no event shall the Contractor’s cumulative expenditures for mobile deployment TDY and fuel exceed the estimated amount specified in the applicable reimbursable CLIN in Section B, without written authorization from the CO. Funds allotted in each reimbursable CLIN are administratively reserved to sufficiently cover routinely incurred costs under the CLIN. Depending on actual need of these funds during each calendar year, the Government may unilaterally increase or decrease the amount administratively reserved. In the event that the amount of a CLIN is decreased, authorized expenditures incurred by the Contractor prior to receiving notice of the decrease will be covered by the Government through obligation of additional funds to the CLIN.

H-6 NOTIFICATION OF FOREIGN OWNERSHIP

Any offeror shall notify the CO if, at any time prior to the submission of proposals and/or award of this contract, the offeror is or becomes owned by a non-US entity. The Contractor shall notify the CO if, at any time during the inception of performance of this contract, the Contractor is or becomes owned by a non-US entity. Foreign ownership may affect the security requirements and DD 254 of the contract.

H-7 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

(a) In accordance with FAR Subpart 9.5, the CO will identify and evaluate actual and potential organizational conflicts of interest (OCI) prior to award. An award will be made to the apparent successful offeror unless an OCI is determined to exist that cannot be avoided, mitigated or waived.

(b) Before and after award the Contractor and the Government shall cooperate in the early identification and avoidance, mitigation or waiver of organizational conflicts of interest which may arise. This is an ongoing responsibility of both Contractor and Government.

(c) The Contractor represents that it will act in good faith and take reasonable steps to identify and disclose to the CO organizational conflicts of interest as that term is used in FAR Subpart 9.5 which exist or which may rise before and after award, as soon as they become known to the Contractor.

(d) The Contractor represents that if it discovers an OCI or potential OCI a prompt and full disclosure shall be made in writing to the CO. The disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate the OCI.

(e) If, in compliance with this provision the Contractor discovers and promptly reports an organizational conflict of interest (or potential conflict of interest), the CO will analyze the OCI or potential OCI and make a written determination and finding as to how the OCI will be resolved, taking into consideration the Contractor’s plans to avoid or mitigate the OCI. The following actions may be taken if CO determines that the OCI cannot be effectively avoided, mitigated, or waived:

1. Before award disqualify offeror(s)

2. After award, the CO may terminate the portion of the contract affected by the conflict for convenience, if such termination is determined to be in the best interests of the Government.

(f) The Contractor agrees to abide by the provisions of FAR 9.505-4 and will implement appropriate procedures for the proper handling and protection of third party proprietary and or competition sensitive information to which it is given access in the implementation of this contract.

(g) In the event that a future modification to this contract would result in an actual or potential OCI, the Contractor shall notify the CO as set forth in paragraph (e) of this provision. If the CO determines that the OCI cannot be adequately avoided, mitigated or waived, the Contractor shall have the right to decline acceptance of the modification in order to avoid the OCI.