FA5707-11-R-C004.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, & 30

1. REQUISITION NUMBER PAGE 1 OF 23

2. CONTRACT NUMBER

3.AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

FA5707-11-R-C004

6. SOLICITATION ISSUE DATE

12 NOV 10

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHAMIKA N. BAILEY

b. TELEPHONE NUMBER

(No Collect Calls)

0772-555-116

8. OFFER DUE DATE/

LOCAL TIME

17-NOV-10 – 16:00L HOURS

9. ISSUED BY CODE FA5707 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB

DESTINATION UNLESS

12. DISCOUNT

TERMS

376 AEW/ECONS

TRANSIT CENTER AT MANAS

APO AE 09353

PHONE: 0772-555-116

SHAMIKA.BAILEY@MAAB.AFCENT.AF.MIL

[ ] UNRESTRICTED

[ ] 100% SET ASIDE FOR

BLOCK IS MARKED

[ ] SEE SCHEDULE

[ ] SMALL BUSINESS

[ ] SMALL DISADV

BUSINESS

[ x ] KYRGYZ HOST

NATIONAL

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

NAICS: N/A 14. METHOD OF SOLICITATION

SIZE STANDARD: N/A [ ] RFQ [ ] IFB [X] RFP

15. DELIVER TO CODE FA5707 16. ADMINISTERED BY CODE

376 AEW/ECONS

APO AE 09353

SEE BLOCK 9

17a. CONTRACTOR /

OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

CODE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED:

X SEND INVOICES TO: BLOCK 9

[ ] 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

[ ] SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE (PAGE 2)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT

[X] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [X] ARE [ ] ARE NOT ATTACHED.

[ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED.

[X] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

1 COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

AND CONDITIONS SPECIFIED HEREIN.

[ ] 29. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ALL ITEMS.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

(TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

[ ] RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

THE CONTRACT, EXCEPT AS NOTED [ ] PARTIAL

[ ] FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE [ ] COMPLETE [ ] PARTIAL [ ] FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D

(YY/MM/DD)

42d. TOTAL

CONTAINERS

mailto:SHAMIKA.BAILEY@MAAB.AFCENT.AF.MIL

SECTION SF 1449 - CONTINUATION SHEET

THE SCHEDULE

Base Period (20 November 2010 – 20 April 2011)

CLIN ITEM DESCRIPTION

UNIT

PRICE

QUANTITY

UNIT OF

ISSUE

EXTENDED

PRICE

Polar Heating Refueling Services (FFP)

In accordance with the attached Performance Work

Statement dated 5 November 2010

6 Month

TOTAL PRICE FOR BASE PERIOD

Option Period 1 (20 November 2011 – 20 April 2012)

PRICE

QUANTITY

UNIT OF

ISSUE

EXTENDED

PRICE

Polar Heating Refueling Services (FFP)

In accordance with the attached Performance Work

TOTAL PRICE FOR OPTION PERIOD 1

Option Period 2 (20 November 2012 – 20 April 2013)

PRICE

QUANTITY

UNIT OF

ISSUE

EXTENDED

PRICE

Polar Heating Refueling Services (FFP)

In accordance with the attached Performance Work

TOTAL PRICE FOR OPTION PERIOD 2

Option Period 3 (20 November 2013 – 20 April 2014)

PRICE

QUANTITY

UNIT OF

ISSUE

EXTENDED

PRICE

Polar Heating Refueling Services (FFP)

In accordance with the attached Performance Work

TOTAL PRICE FOR OPTION PERIOD 3

Option Period 4 (20 November 2014 – 20 April 2015)

PRICE

QUANTITY

UNIT OF

ISSUE

EXTENDED

PRICE

Polar Heating Refueling Services (FFP)

In accordance with the attached Performance Work

TOTAL PRICE FOR OPTION PERIOD 4

TOTAL PRICE FOR BASE PERIOD PLUS

ALL FOUR OPTION PERIODS

ASSIGNMENT OF CLAIMS

This contract is a Commercial Procurement for an overseas requirement. The United States Defense Federal Acquisition

Regulation Supplement (DFARS) 252.232-7008 Assignment of Claims (Overseas) (June 1997) applies to the above listed contract line items in this Schedule. In accordance with Federal Acquisition Regulation 52.212-4 (s), DFARS 252.232-7008 clause takes precedence.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN(s) INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

All supplies/services will be inspected and accepted by the U.S. Government at The Transit Center at Manas, APO AE 09353.

NOTE: The term ―Government‖ as used throughout this document refers to the United States Government.

DELIVERY INFORMATION

CLIN PERIOD OF PERFORMANCE SHIP TO ADDRESS

0001 20 Nov 10 – 20 Apr 11 376 AEW/ECONS

FOB: Destination

1001 20 Nov 11 – 20 Apr 12 (SAME AS PREVIOUS

LOCATION)

2001 20 Nov 12 – 20 Apr 13 (SAME AS PREVIOUS

3001 20 Nov 13 – 20 Apr 14 (SAME AS PREVIOUS

4001 20 Nov 14 – 20 Apr 15 (SAME AS PREVIOUS

CONTRACT ADMINISTRATIVE DATA

DESIGNATION OF GOVERNMENT INSPECTOR

A Government representative will be designated as the Contracting Officer Representative (COR)/Quality Assurance Personnel

(QAP) for the purpose of technical surveillance and inspection of work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.

INVOICES

Submit monthly invoices to the organization in Block 9 of the SF1449. Invoices shall include the following information, IAW

FAR 52.212-4:

1. Name and address of the Contractor

2. Invoice date and number

4. Contract number, contract line item number and, if applicable, the order number

5. Description, quantity, unit of measure, unit price and extended price of the items delivered

6. Terms of any discount for prompt payment offered

8. Name and address of official to whom payment is to be sent

9. Name, title and phone number of person to notify in event of defective invoice

10. Taxpayer Identification Number (TIN)

11. Electronic funds transfer (EFT) banking information

RECEIVING REPORTS (DD 250)

To ensure timely payment to the Contractor, receiving reports MUST be processed by the coordinator within five (5) calendar days upon completion of services or receipt of supplies, whichever is applicable.

PAYMENT

Payment by Electronic Funds Transfer (EFT) (DEC 2007)

(a) Method of payment.

(1) All payments by the US Government under this contract shall be made by electronic funds transfer (EFT). In the event the US Government is unable to release a payment by EFT, the government will authorize cash or check payment in accordance with the Prompt Payment Act.

(b) Submission of Contractor's EFT information.

(1) The Contractor is required to provide the US Government with the information required to make payment by EFT by filling in the form provided. The Contractor shall return this information directly to the payment office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the paying office.

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall provide the contract numbers to which it applies. The contractor will inform the contracting officer of previously awarded contracts for which the contractor requests EFT payment.

LIMITS OF AUTHORITY

Only the Contracting Officer is authorized to make changes to the terms and conditions of the contract.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.204-10

52.209-6

52.209-8

52.212-1

Reporting Executive Compensation and First-Tier

Subcontract Awards

Protecting the Governments Interest When Subtracting with

Contractors Debarred, Suspended, or Proposed for Debarment

Updates of Information Regarding Responsibility Matters

Instructions to Offerors–Commercial Items

JUL 2010

SEP 2006

APR 2010

JUN 2008

52.212-4 Contract Terms and Conditions–Commercial Items JUN 2010

52.214-34 Submission Of Offers In The English Language APR 1991

52.222-29

52.225-14

Notification Of Visa Denial

Inconsistency Between English Version and Translation of

Contract

JUN 2003

FEB 2000

52.229-6

52.232-17

Taxes–Foreign Fixed-Price Contracts

Interest

JUN 2003

OCT 2008

52.233-3 Protest After Award AUG 1996

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.245-1

52.245-9

252.201-7000

Government Property

Use and Charges

Contracting Officer’s Representative

JUN 2007

JUN 2007

DEC 1991

252.203-7000

252.203-7002

252.204-7003

Requirements Relating to Compensation of Former DOD

Officials

Requirement to Inform Employees of Whistleblower Rights

Control Of Government Personnel Work Product

JAN 2009

JAN 2009

APR 1992

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.225-7043

252.225-7998

252.225-7999

Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

Preference for Products or Services from Central Asia, Pakistan, or the Southern Caucasus (DEVIATION)

Requirement for Products or Services from Central Asia, Pakistan, or the Southern Caucasus (DEVIATION)

MAR 2006

NOV 2009

NOV 2009

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2008)

SOLICITATION/PROPOSAL REQUIREMENTS: In order for a proposal to be deemed complete and to be considered for award, the contractor is required to submit the following:

General Requirements

A. Completed and signed SF 1449.

B. Signed copies of all amendments.

C. Proposal submitted in two separate volumes.

1) Technical: No more than 5 pages.

2) Price: Fill out all pricing in the schedule for the CLIN structure (base period + four option periods)

D. Proposal submitted IAW page limitations for each volume, page size, spacing and font size type.

1) Font: Times New Roman, minimum font size 10

2) 1 inch margins or metric equivalent

3) Submit electronically

4) Single spaced

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS - (JAN 1999)

EVALUATION FACTORS AND SUBFACTORS:

1. This will be a lowest price technically acceptable source selection with the following factors:

a. Technical: Technical Capability (Refer to 52.212-1, Instructions to Offerors (Volume 1 – Technical

Proposal))

b. Price: (Refer to 52.212-1, Instructions to Offerors (Volume 2 – Price))

c. Preference for Products or Services from Central Asia, Pakistan or the South Caucasus, IAW Provision

252.225-7998 which states, ―(d) Evaluation. For the purpose of evaluating competitive offers, the

Contracting Officer will increase by 50 percent the prices of offers of products or services that are not products or services from Central Asia, Pakistan or the South Caucasus.”.

2. Rating Methodology: The source selection will use the lowest price technically acceptable to determine the awardee.

(a) The Government will award a Firm Fixed Priced contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation represents the lowest price that is technically acceptable. This acquisition shall be conducted using simplified acquisition procedures pursuant to the Test Program for Certain Commercial Items (FAR Subpart

13.106 and FAR Subpart 13.5). Proposals will be evaluated solely on the evaluation factors specified in the solicitation. The

Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. The Contracting Officer is the only person who will contact the offeror.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) Proposals will be evaluated for technical acceptability and price.

BASIS OF AWARD

Volume 1--Technical Proposal

Within Volume I, offerors will include a technical proposal. Initially, offers shall be evaluated independently of the price proposal evaluation to determine the offeror’s compliance with the technical requirements of the RFP. This area will be rated acceptable or unacceptable. Only offerors rated acceptable on the technical proposal (overall acceptable Technical Capability) will move on in the evaluation process. Those receiving an unacceptable rating will not be able to receive a contract award and will not be further evaluated. The Government reserves the right to make a final determination as to the rating of an offer based on the proposal, as submitted, without requesting any further information or discussion.

Technical Requirements:

Technical Proposal: To be considered technically acceptable, contractors will provide the following data, at a minimum, as their technical proposal within Volume 1 of their proposal:

The proposal shall demonstrate:

1. Manpower: The contract manager or supervisor must read and write in English and possess at least three years of experience in managing fueling operations and accountability. This individual shall act as the single point of contact concerning work performance. This manager must have a designated alternate who is also fluent in English.

2. Quality Control Program: The contractor will ensure that vehicle drivers and pumping system operators are trained to safely operate the fuel trucks. The contractor is required to submit their training plan and certification process prior to contract award. Safety plan shall be outlined and developed. This plan must address associated hazards and outline the contractor’s approach to safely performing fueling operations identified in this PWS. Contractor will include equipment and vehicle safety inspection procedures.

3. Phase-In Plan: The contractor shall provide written documentation showing their approach in transitioning into all areas described in the PWS. Documentation should show a smooth and transparent transition to ensure no interruption in the service currently being provided. Provide a written phase-in plan with a 2 day transition period.

The US Government currently fulfills this requirement.

Evaluation: Offeror’s proposals will receive an overall technical rating based on the following scale:

Acceptable – A proposal that satisfies all of the Government’s requirements, with sufficient detail to indicate feasibility of the approach and which shows a minimal understanding of the problems.

Unacceptable – A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the problems or an approach that cannot be expected to meet requirements and none of these conditions can be corrected without major revisions to the proposal.

Volume 2-- Pricing

A. Must be a separate volume

B. Fill out all Schedule pricing for each CLIN.

C. The Government may award without discussions; offerors are therefore encouraged to submit their best offer in the initial proposal.

All pricing information will be gathered from the offeror’s proposal, Volume 2 - Price. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offeror is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Factors Relative Importance:

Technical capability will be rated as acceptable or unacceptable. In the evaluation of the technical capability and price, the lowest priced offeror that has been rated technically acceptable will represent the best value to the Government.

A notice of award or acceptance of an offer will be provided electronically to the successful offeror within the time specified for acceptance, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Offerors that do not acknowledge notice of award after five (5) days will no longer be eligible for contract award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS -- COMMERCIAL ITEMS – (July 2010)

(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)).

_X_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:

_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 2010)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar

2009) (Pub. L. 111-5).

___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (8) [Reserved]

___ (9) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (10) (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.

___ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and

(3)).

___ (12) (i) 52.219-9, Small Business Subcontracting Plan (July 2010) (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.

___ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (15) (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.

___ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004) (15 U.S.C. 657 f).

___ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

___ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O.

13126).

___ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

___ (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

___ (28) (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.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (30) (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.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-

77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

_X_(33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(34) 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).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

___ (37) 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)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

_X_(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003) (31 U.S.C. 3332).

_X_ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor

Registration (May 1999) (31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (43) (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:

___ (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.).

___ (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub.

L. 110-247).

___ (8) 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 (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and

Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(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 (Jan 2009).

(xiii) 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.

(xiv) 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)

52.216-1 TYPE OF CONTRACT - (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

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 10 Days.

(End of clause)

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 3 Days; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least 5 Days prior to the expiration of the contract. 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 years.

52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) - (APR 1984)

The Contractor shall (a) provide, before commencing performance under this contract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense

Base Act.

52.232-18 AVAILABILITY OF FUNDS - (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.233-2 SERVICE OF PROTEST - (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting

Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Shamika Bailey, Contracting Officer

376 ECONS

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.237-3 CONTINUITY OF SERVICES - (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them.

The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES - (JUN 2007)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an ―as-is, where is‖ condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost, damaged or destroyed Government property.

If any or all of the Government property is lost, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government

Property clause of this contract.

(e) Government property provided under this clause:

Polar Bear Heater, 130,000 BTUH National Stock Number 4520-01-521-2076EJ

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE - (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

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):

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS - (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES - (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS - (JUN 2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export

Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United

States resident or national (other than an individual resident outside the United States and employed by other than a

United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the

Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the

Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal

Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS - (JUN 2010)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X_52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) _X_252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009)

(Section 847 of Pub. L. 110-181).

(2) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-

10d, E.O. 10582).

(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C.

2533b).

(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(11) (i)____ 252.225-7021, Trade Agreements (APR 2010) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii)____ Alternate I (SEP 2008)

(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22

U.S.C. 2755).

(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program

(JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

(19) _X_252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10

U.S.C. 2227).

(20) _X_252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section

1092 of Public Law 108-375).

(21) _X_252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL

2009) (Section 884 of Public Law 110-417).

(23)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(24) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of

Public Law 108-375).

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009)

(Section 884 of Public Law 110-417).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

252.225-7040 CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND AREA OF

RESPONSIBILITY - (DEVIATION 2007-O0010)

(a) Definitions. As used in this clause—

―Chief of mission‖ means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.

―Combatant commander‖ means the commander of a unified or specified combatant command established in accordance with

10 U.S.C. 161.

(b) General. (1) This clause applies when contractor personnel are required to perform in the United States Central Command

(USCENTCOM) Area of Responsibility (AOR), and are not covered by the clause at DFARS 252.225-7040, Contractor

Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

(2) Contract performance 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) Contractor personnel are civilians.

(i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, contractor personnel are only authorized to use deadly force in self defense.

(ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment.

(4) Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c) Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for contractor personnel engaged in this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel in the

USCENTCOM AOR are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Force protection, security, health, or safety orders, directives, and instructions issued by the Combatant Commander;

however, only the Contracting Officer is authorized to modify the terms and conditions of the contract.

(e) Preliminary personnel requirements. (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract.

(2) Before contractor personnel depart from the United States or a third country, and before contractor personnel residing in the host country begin contract performance in the USCENTCOM AOR, the Contractor shall ensure the following:

(i) All required security and background checks are complete and acceptable.

(ii) All personnel are medically and physically fit and have received all required vaccinations.

(iii) All personnel have all necessary passports, visas, entry permits, and other documents required for contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

(iv) All personnel have received theater clearance, if required by the Combatant Commander.

(v) All personnel have received personal security training. The training must at a minimum—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery.

(vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at http://www.travel.state.gov <http://www.travel.state.