FA5702-14-R-0004_12_Sep_14.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF.
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 3/2005)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITON IS
UNRESTRICTED OR
NAICS:
SIZE STANDARD:
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
EMERGING SMALL
BUSINESS
8(A)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
722310
DFAS-Limestone 27 Arkansas Road Limestone, ME 04751-6216
X
See Schedule
FA5702
SEE SCHEDULE
N/A
FA5702-14-R-0004
12-Sep-2014 Thomas Rohr 473-2048 thomas.rohr@auab.afcent.af.mil
379 ECONS
Bldg 8109
APO AE 09309
Robert Lieder III
04-Jul-2014
04-Sep-2014 05:00 PM
F67100
379 ECONS
Bldg 8109
APO AE 09309
See Schedule
See Schedule
FA5702
011-974-458-2048
STANDARD FORM 1449 (REV. 3/2005) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
CONTRACT PIIN : FA5702-14-R-0004
Supplies or Services and Price/Costs
LINE ITEM QUANTITY UNIT OF ISSUE UNIT PRICE EXTENDED
PRICE
COST
CONSTRAINTS
0001 12.0000 Months - - Firm
Option:
Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination Description: Food Service IAW PWS, Section I-IV. Not to exceed 550K meals per month. Meals served above 550K will be invoiced against CLIN 0002.
COST
CONSTRAINTS
0002 600,000.0000 Each - - Estimated
Option:
Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination Description: Price per Meal for Food Service above 550K meals per CLIN 0001
COST
CONSTRAINTS
1001 12.0000 Months - - Firm
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination above 550K will be invoiced against CLIN 1002.
COST
CONSTRAINTS
1002 600,000.0000 Each - - Estimated
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: Price per Meal for Food Service above 550K meals per CLIN 1001.
COST
CONSTRAINTS
2001 12.0000 Months - - Firm
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination above 550K will be invoiced against CLIN 2002.
PRICE
COST
CONSTRAINTS
2002 600,000.0000 Each - - Estimated
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: Price per Meal for Food Service above 550K meals per CLIN 2001.
COST
CONSTRAINTS
3001 12.0000 Months - - Firm
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination above 550K will be invoiced against CLIN 3002.
COST
CONSTRAINTS
3002 600,000.0000 Each - - Estimated
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: Price per Meal for Food Service above 550K meals per CLIN 3001
COST
CONSTRAINTS
4001 12.0000 Months - - Firm
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination Description: Food Service IAW PWS, Section I-IV. Not to exceed 550K meals per month. Meals served above
550K will be invoiced against CLIN 4002.
COST
CONSTRAINTS
4002 600,000.0000 Each - - Estimated
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
Description: Price per Meal for Food Service above 550K meals per CLIN 4001.
COST
CONSTRAINTS
5001 6.0000 Months - - Firm
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination Description: Food Service IAW PWS, Section I-IV. Not to exceed 550K meals per month. Meals served above 550K will be invoiced against CLIN 5002.
This CLIN will be exercised in accordance with clause FAR 52.217-8.
COST
CONSTRAINTS
5002 300,000.0000 Each - - Estimated
Option: Option Nomenclature:
Nsn:
Noun:
Part Number /
FSCM:
Serial Number:
Contract Type: Firm-Fixed-Price Contract ACRN: Dollars Obligated: $ PR Number: PR Line Item
Number:
CIN/SDN:
FOB: Inspection: Destination Acceptance: Destination Description: Price per Meal for Food Service above 550K meals per CLIN 5001.
This CLIN will be exercised in accordance with clause FAR 52.217-8.
Inspection and Acceptance
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government
Deliveries and Performance
Period of Performance
CLIN START DATE END DATE WORK LOCATION
(DoDAAC)
WORK LOCATION (ADDRESS)
0001 1-Mar-2015 28-Feb-2016 0002 1-Mar-2015 28-Feb-2016 1001 1-Mar-2016 28-Feb-2017 1002 1-Mar-2016 28-Feb-2017 2001 1-Mar-2017 28-Feb-2018 2002 1-Mar-2017 28-Feb-2018 3001 1-Mar-2018 28-Feb-2019 3002 1-Mar-2018 28-Feb-2019 4001 1-Mar-2019 28-Feb-2020 4002 1-Mar-2019 28-Feb-2020 5001 1-Mar-2020 30-Sep-2020 5002 1-Mar-2020 30-Sep-2020
Contract Administration Data
SECTION G – CONTRACT ADMINISTRATION DATA
G-1 ACCOUNTING AND APPROPRIATION DATA
Accounting and Appropriation data is cited in Block 25, Page 1 of the SF1449
G-2 ADMINISTRATION
Contracting Officer: The contracting officer is responsible for administration of this contract and is solely authorized to take action on behalf of the Government which may result in changes to the terms and conditions of the contract including deviations from the performance work statement (PWS), specifications, service delivery summaries, etc. Any direction the contractor takes from anyone other than the Contracting Officer will be at their own risk.
Government Inspector: The Government inspector is authorized to inspect and accept work performed under this contract.
G-3 PAYMENT
Properly prepared invoices, bearing the contract number and IBAN will be submitted to:
379 ECONS/CC
Attn: LGCC
APO, AE 09309
G-4 REMITTANCE ADDRESS
If the remittance address is different from the mailing address, enter the remittance address below.
Failure to provide this information may impact payment.
END OF SECTION G
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H-1 CONTRACTOR CHANGE OVER:
In the event that a follow on contract is awarded to other than the incumbent, the incumbent Contractor will cooperate to the extent required to permit an orderly changeover to the successor Contractor.
H-2 LIABILITY:
The Government shall 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 work. Contractor is responsible for providing proper/adequate insurance.
H-3 PERMITS AND RESPONSIBILITIES FOR WORK:
The contractor shall, without additional expense to the Government obtain all licenses and permits required for performance of work. The contractor shall be responsible for all damages to persons or property that occurs as a result of his fault or negligence in connection with the performance of work.
H-4 CONTRACTOR RESPONSIBILITY
Contractors operating on base will be responsible for briefing and ensuring the employees adhere to the traffic rules and regulations. The foreman, job site supervisor, and other personnel providing workman leadership will ensure the workers comply with these rules and regulations.
The speed limit on base is 25 KPH unless otherwise posted. Individuals are to obey all entry procedures. If instructions are given by Security Forces personnel, they shall be complied with immediately.
H-5 IMMUNITY FROM LEGAL PROCESS
The Contractor agrees to indemnify and hold harmless the United States Government against all claims and suits of whatever nature arising under, or incidental, to performance of this contract by any subcontractor against the United Sates Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.
H-6 INVOICES EXCLUSIVE OF TAXES AND DUTIES
Invoices submitted in accordance with the terms and conditions of this contract shall be excluded from all taxes and duties for which relief is available.
H-7 ESCORTS
Upon entry through the Al Udeid Gate, contractor personnel are required to be in the presence of a military escort while on the Al Udeid at all times. Escorts shall be provided by the U.S Air Force.
The contractor shall comply with escort directions. Initially the contractor shall notify the designated Project Inspector 48 hours in advance of any revised personnel/escort requirements.
The contractor shall notify the designated Project Inspector 72 hours in advance of any change in time that the escorts shall meet the contractor and/or when the number of contract workers increases or decreases. The contractor will not be able to start work until escort arrangements are made. The U.S Air Force shall not be liable for delays caused by the contractor’s failure to follow the above notification requirements.
(a) Before entry through the Al Udeid Gate, contractor personnel and vehicles shall process through the search area.
(b) Material including but not limited to concrete, asphalt emulsions, and other time critical materials will require search and surveillance by the U.S Air Force personnel from the point of origin to the search area. The contractor shall notify the designated Project Inspector five (5) days in advance of the schedule delivery. The contractor shall immediately notify the Project Inspector of changes. Changes shall require an additional five (5) days for Government personnel coordination. The U.S Air Force shall not be liable for delays resulting from the contractor’s failure to follow the above notification requirements or supplier/contractor delivery changes.
(c) Tanker truck/trailer cargo compartments shall allow for a complete visual inspection.
All tanks and the baffled sections shall have a minimum 3 ft / 1-meter diameter visual inspection port. Equipment not meeting the above requirements shall not be allowed entry onto Al Udeid Air Base. The U.S Air Force shall not be liable for delays caused by equipment not meeting the above requirements.
(d) The contractor shall be responsible for safeguarding all government property for the contractor use. At the close of each work period, government facilities, equipment and material shall be secured.
H-8 SECURITY / SEARCH
H-10.1. Upon entry to Al Udeid AB, contractor personnel and vehicles shall process through the search area. The Government shall not be liable for delays resulting from the contractor’s failure to follow the Force Protection Rules for entry to the facility.
H-10.2. TELEPHONE USE PROHIBITION: Contractor personnel working on Al Udeid AB are prohibited from using telephone instruments, (to include but not limited to, cell, mobile, land line and satellite phones, fax machines, and pagers) without expressed pre-approval of responsible security personnel. For permission to use telephones on base consult the Contracting Officer in advance.
H-9 MATERIAL SAFETY DATA SHEET
A Material Safety Data Sheet (MSDS), OSHA Form 20 or accepted equivalent, must be submitted for each hazardous or potentially hazardous material or chemical to be utilized by the contractor.
All materials must be approved by the Contracting Officer or their designated representative prior to installation.
H-10 QUALITY ASSURANCE EVALUATOR
The Contracting Officer will designate the Contracting Officer Representative (COR), who will be responsible for technical assistance to the Contracting Officer in the administration of this contract.
Duties will involve inspection surveillance reporting IAW the contract Service Delivery Summary and monthly certification of contractor performance. The COR will maintain performance records.
When deficiencies are recorded by the COR, the Contractor (or his authorized representative) will acknowledge deficiency notification by placing his/her initials on the performance record. This statement in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.
END OF SECTION H
Contract Clauses
Funds are not presently available for this effort. No award will be made under this solicitation until funds are available.
The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
Clause Title Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct-10 52.203-13 Contractor Code of Business Ethics and Conduct Apr-10 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May-11 52.204-9 Personal Identity Verification of Contractor Personnel Jan-11 52.212-4 Contract Terms and Conditions -- Commercial Items Sep-13 52.223-10 Waste Reduction Program May-11 52.225-14 Inconsistency between English Version and Translation of Contract Feb-00 52.228-3 Workers Compensation Insurance (Defense Base Act) Apr-84 52.228-5 Insurance - Work on a Government Installation. Jan-97 52.229-6 Taxes--Foreign Fixed-Price Contracts Feb-13 52.232-18 Availability of Funds Apr-84 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr-84 52.237-3 Continuity of Services Jan-91 52.242-13 Bankruptcy Jul-95 52.242-15 Stop Work Order Aug-89 52.245-1 Government Property Apr-12 52.245-9 Use and Changes Apr-12 52.247-34 FOB Destination Nov-91 252.201-7000 Contracting Officer's Representative Sep-13 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep-11 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related
Felonies Dec-08
252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep-13 252.203-7005 Representation Relating to Compensation of Former DoD Officials Mar-14 252.204-7000 Disclosure of Information Aug-13 252.204-7003 Control of Government Personnel Work Product Apr-92 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country Jan-09 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country Mar-14
252.222-7002 Compliance with Local Labor Laws (Overseas) Jun-97 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials Apr-12 252.225-7041 Correspondence in English Jun-97 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United
States Mar-06
252.225-7993 Prohibition on contracting with the Enemy in the US Central Command Theater of Operations (DEVIATION)
Jan-12
252.225-7994 Additional Access to Contractor And Subcontractor Records in the US Central Command Theater of Operations (DEVIATION)
Jan-12
252.229-7000 Invoices Exclusive Of Taxes or Duties Jun-97 252.229-7001 Tax Relief Jun-97 252.232-7008 Assignment of Claims (Overseas) Jun-97 252.232-7010 Levies on Contract Payments Dec-06 252.232-7011 Payments In Support Of Emergencies and Contingency Operations May-13 252.233-7001 Choice of Law (Overseas) Jun-97 252.243-7001 Pricing of Contract Modifications Dec-91 252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY Apr-12
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM
ADMINISTRATION
Apr-12
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL May-13 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Nov-12 5352.242-9000 Contractor Access to Air Force Installations Nov-12
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 Information Regarding Responsibility Matters (Jul 2013)
(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.
111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.
L. 111-8, and section 745 of Division D of Pub. L. 110-161).
___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.
657f).
___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
___ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
___ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
___ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
___ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
___ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L.
108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (Mar 2012) of 52.225-3.
___ (iii) Alternate II (Mar 2012) of 52.225-3.
___ (iv) Alternate III (Nov 2012) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
___ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.
3332).
_X__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
_X__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the expiration of the contract.
52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 45 days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 1/2 years.
52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC
FUNDS TRANSFER INFORMATION (JUL 2013)
(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.
(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).
(c) Designated Office:
379ECONS/LGCA APO, AE 09309
Attn: Current Contract Administrator Phone: 4458-9555 ext. 437-2048 E-Mail: Current Contract Administrator
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): HTTP://FARSITE.HILL.AF.MIL
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor’s procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the Contractor.
252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA—SUBMISSION AFTER AWARD (OCT 2010)
(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Reporting requirement. The Contractor shall submit a report in accordance with this clause, if the Contractor or a first-tier subcontractor will perform any part of this contract outside the United States and Canada that—
(1) Exceeds $650,000 in value; and
(2) Could be performed inside the United States or Canada.
(c) Submission of reports. The Contractor—
(1) Shall submit a report as soon as practical after the information is known;
(2) To the maximum extent practicable, shall submit a report regarding a first-tier subcontractor at least 30 days before award of the subcontract;
(3) Need not resubmit information submitted with its offer, unless the information changes;
(4) Shall submit all reports to the Contracting Officer; and
(5) Shall submit a copy of each report to: Deputy Director of Defense Procurement and Acquisition Policy (Contract Policy and International Contracting), OUSD(AT&L) DPAP/CPIC, Washington, DC 20301-3060.
(d) Report format. The Contractor—
(1) Shall submit reports using—
(i) DD Form 2139, Report of Contract Performance Outside the United States; or
(ii) A computer-generated report that contains all information required by DD Form 2139; and
(2) May obtain copies of DD Form 2139 from the Contracting Officer or via the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility. (DEVIATION 2014-O0018)
Use this clause, in lieu of DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, in solicitations and contracts that will require contractor personnel to perform in the United States Central Command (USCENTCOM) Area of Responsibility (AOR).
CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF
RESPONSIBILITY
(DEVIATION 2014-O0018)(JUL 2014)
(a) Definitions. As used in this clause—
“Combatant Commander” means the Commander of the United States Central Command Area of Responsibility.
“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S.
Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments).
Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.
“Designated reception site” means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.
“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.
“Non-CAAF” means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN employees who are permanent residents in the operational area or third- country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S.
Armed Forces. Government- furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.
“Subordinate joint force commander” means a sub-unified commander or joint task force commander.
(b) General.
(1) This clause applies to both CAAF and non-CAAF when performing in the United States Central
Command (USCENTCOM) Area of Responsibility (AOR)
(2) Contract performance in USCENTCOM AOR may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.
(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense.
(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).
(5) Service performed by Contractor personnel subject to this clause is not active duty or service under
38 U.S.C. 106 note.
(c) Support.
(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—
(A) The Contractor cannot obtain effective security services;
(B) Effective security services are unavailable at a reasonable cost; or
(C) Threat conditions necessitate security through military means.
(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.
(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.
(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.
(iii) Medical or dental care beyond this standard is not authorized. (3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the USCENTCOM AOR. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.
(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the USCENTCOM AOR under this contract.
(d) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR are familiar with and comply with, all applicable—
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;
(iii) United States regulations, directives, instructions, policies, and procedures; and
(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.
(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war…
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