Theater Express PWS_19 Mar 09.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

CENTCOM THEATER EXPRESS

CARGO TRANSPORTATION SERVICES

19 Mar 09

TABLE OF CONTENTS

1. Description of Services

1.1. Scope of Contract

1.2. Safety and Oversight Program

1.3. Defense Distribution Depot, Kuwait, Southwest Asia (DDKS) Outbound Cargo

1.4. Opportune Cargo

1.5. Aircraft Roller or Rail System

1.6. Additional Tie-down, Ramps, or Sub-flooring

1.7. Hazardous Cargo Shipments

1.8. Pre-Alert Notifications

1.9. Supply Chain Security

1.10. Loss or Damage Claims

1.11. DD Form 2400, 2401, and 2402 Requirements

1.12. Customs

1.13. Electronic Data Interchange (EDI) 214 Global Transportation Network (GTN) Interface

1.14. AMD/APCT Daily Spot Bid Process

1.15. Invoice/Billing Process

1.16. Prior Permission Request (PPRs)

2. Service Delivery Summary/Reliability

3. Government Furnished Property and Services

3.1. Government-Furnished Property – Reserved

3.2. Government-Furnished Facilities – Reserved

3.3. Government-Furnished Equipment – Reserved

3.4. Government-Furnished Training – Reserved

3.5. Government-Furnished Services

4. General Information

4.1. Contractor Personnel

4.2. Quality Program

4.3. Security

4.4. Joint Contracting Command Iraq/Afghanistan (JCC-I/A) – CENTCOM Requirements

5. Exhibit/Attachments Exhibit A – EDI 214 GTN Requirements Exhibit B – Theater Express Historical Data

1. Description of Services

1.1. Scope of Contract. The contractor shall provide all personnel, training, supervision, equipment, Prior Permission Requests (PPRs), Diplomatic Clearances (DIPS), and customs clearances procedures necessary to perform international commercial cargo transportation services within the Central Command (CENTCOM) Area of Responsibility (AOR) as required by the Air Mobility Division (AMD), Combined Air Operations Center (CAOC), Aerial Port Control Team (APCT). Transportation services include the time-definite, port-to-port pick-up and delivery with the exception of Defense Distribution Depot Kuwait, Southwest Asia DDKS outbound cargo, which will be DDKS facility-to-port, Intransit Visibility (ITV), and customs processing and clearance of 463L palletized and roll-on/roll-off cargo to CENTCOM Forward Operating Base /Forward Operating Locations (FOB/FOL).

1.1.1. The contractor must be a Civil Reserve Air Fleet (CRAF) carrier and remain in the CRAF program for the duration of this contract.

1.1.2. The contractor shall provide transportation service to/from all locations identified in Attachment 1, CENTCOM Theater Express City-Pair Location Matrix. During the period of performance, the Government reserves the right to add or delete CENTOM AOR locations as a result of changing mission requirements.

1.1.3. The contractor is required to provide service to all locations identified in Attachment 1, CENTCOM Theater Express City-Pair Location Matrix, during the contract period of performance. If the contractor fails to accept an AMD/APCT mission award/transportation order, otherwise referred to as a task order, this refusal shall be grounds for default procedures.

1.1.4. This contract is for the sole use of the AMD/APCT. The AMD/APCT is the only organization approved and validated by USTRANSCOM to place orders under this contract.

1.1.5. This contract is an air-mode only contract service requirement unless the aircraft has been forced to divert due to an emergency or otherwise specified by the AMD/APCT on the daily spot-bid requirements. For example, DDKS outbound cargo will be surface transported from the DDKS facility to Kuwait International Airport (commercial-side) or Al Mubarak (military-side) for the air segment.

1.1.6. The contractor shall deliver cargo to the specified airfield where it will be receipted for by the local aerial port or transportation office, completing the carrier’s delivery obligation. The Government will provide sufficient material handling equipment and personnel to load and unload the contractor’s Theater Express cargo with the following restrictions:

1.1.6.1. The military will not be responsible for downloading non-Theater Express AMD awarded cargo.

1.1.6.2. Military aircraft will have priority support.

1.1.7. Thecontractor is authorized to utilize their commercial transportation network to aggregate and transload cargo to meet the required delivery parameters. Carriers must ensure pallet integrity is maintained and are not authorized to breakdown, repalletize, or stack AMD palletized cargo.

1.1.8. The contractor can expect delivery requirements between 72 hrs and 120 hrs depending on the cargo transportation priority. This information will be specified during the daily spot-bid process.

1.1.9. For cargo delivery requirements greater than 72hrs, the contractor is required to pick up the cargo within 72hrs. Failure to do so may result in a demerit, suspension, or AMD/APCT no-cost cancellation notification.

1.1.10. The cargo delivery time is measured from the time of the AMD/APCT award notification.

1.1.11. If a controllable or uncontrollable situation occurs that will delay a Theater Express mission, the contractor shall be responsible to provide accurate and conclusive delayed mission email notifications to the AMD/APCT. The AMD/APCT will acknowledge the email, review the delay reason, determine if the delay is controllable or uncontrollable, and reply back to the contractor as to whether the situation is categorized as controllable or uncontrollable.

1.1.12. The contractor shall ensure all aircraft and vehicles utilized are licensed, operated, and maintained in accordance with Federal Aviation Administration (FAA), Department of Transportation (DOT), and International Air Transport Association (IATA) rules and regulations as applicable.

1.1.13. The contractor shall be responsible for load planning, weight and balance, secure fastening, and any required special handling equipment (e.g., aircraft ramps).

1.1.14. Upon the contractor’s initial acceptance of the cargo at the pick-up location, if the AMD/APCT documented shipment weight is different than actual weight, the contractor shall immediately upon discovery report the situation to the AMD/APCT. The AMD/APCT will determine whether cargo can be added or deleted to the mission to make-up the weight difference or consider other solutions.

1.1.15. The Government will prepare all hazardous cargo under this contract in accordance with AFMAN 24-204. Cargo may include hazardous material Classes 2 through 9 as defined in the International Air Transportation Association (IATA) Dangerous Goods Regulation.

1.1.16. In certain situations, the contractor will be responsible for transporting cold-chain material and maintaining the proper temperature parameters.

1.1.16.1. The contractor shall ensure the temperature for medical supplies prepared using wet-ice procedures is maintained between 2 to 8 degrees celsius/35 to 47 degrees Fahrenheit.

1.1.16.2. The contractor shall ensure the temperature for medical supplies prepared using dry-ice is maintained below 0 degrees Celsius/32 degrees Fahrenheit.

1.1.16.3. The contractor shall ensure all other medical supplies prepared for shipment at room temperature are maintained between 8 to 25 degrees celsius/47 to 77 degrees Fahrenheit.

1.1.16.4. The contractor shall not place any medical supplies in direct sunlight.

1.2. Safety and Audit Oversight Program.

1.2.1. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and subcontractors are obligated to comply with generally accepted standards of airmanship, training, and maintenance practices and procedures. All aircraft utilized by contractors and subcontractors must be licensed, operated, and maintained in accordance with generally accepted standards giving particular attention to the responsibility of the air carrier to perform air transportation with the highest degree of safety. Compliance with published standards may not, standing alone, constitute compliance with generally accepted accepted standards of airmanship, training, and maintenance.

1.2.1.1. Civil Reserve Air Fleet (CRAF) carriers (prime contractors) seeking to hold out for service by a subcontractor must assess the level of safety of the subcontractor. This assessment will be based upon a safety audit performed by the CRAF carrier and shall include, at a minimum, a review of the subcontractor’s safety programs in the following areas:

a. Personnel licensing, initial, and recurrent training

b. Operation of aircraft

c. Maintenance Procedures

d. Airworthiness of aircraft

e. The safe transport of dangerous goods by air

f. Carrier’s commitment to perform air transportation with the highest degree of safety

1.2.1.2. Following completion of this safety audit, the CRAF carrier shall issue a “Statement of Compliance” to the contracting officer affirming each subcontractor complies with the safety requirements of this paragraph. This certificate shall be valid for 24 months. The CRAF carrier must develop a subcontractor audit program that provides for an onsite audit of subcontractors at least every 24 months in order to issue subsequent “Statements of Compliance.”

1.2.1.3. The government reserves the right to inspect or test any services for acceptance, including on-site capability surveys, pre-flight and in-flight safety/quality assurance surveillance observations, ramp inspections and/or cockpit observations during flights. Quality Assurance Personnel (QAP), Contract Administrators (CAs) and/or Safety Auditors (SAs) will be duly designated and credentialed. These functions may be performed by government personnel, or by a third party contractor retained by the government. In any case, government representatives will provide credentials to the carrier’s representative before beginning inspections.

1.2.1.4. Should the government determine that any of the following conditions exist, it may suspend or place in temporary nonuse status a CRAF carrier, contractor, or subcontractor, or any combination thereof, from further performance of airlift transportation services for the DOD or the Theater Express program:

a. Contractor’s failure to meet any of the obligations imposed by the paragraphs 1.2.1.

b. Involvement of one of the contractors’ and/or subcontractors’ aircraft in a serious or fatal accident, incident, or operational occurrence (regardless of whether or not such aircraft is being used in the performance of this contract)

c. Any other condition that affects the safe operation of contractors’ flight hereunder.

1.2.2. The Government reserves the right to request a copy of the prime contractor audit report.

1.2.3. Within 30 days of contract startup, the CRAF carrier (prime contractor) shall provide the contracting officer a complete listing of all foreign flag subcontractors used in performance of this contract and a copy of the Statement of Compliance affirming each subcontractor complies with the safety requirements. The information shall include the carrier’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the prime contractor’s last audit on the subcontractor. Any subcontractor changes shall require the contractor to provide an updated list to the contracting officer within five business days.

1.3. Defense Distribution Depot, Kuwait, Southwest Asia (DDKS) Outbound Cargo.

1.3.1. DDKS outbound shipments is a surface/air transportation process. The cargo shall have a surface segment from the DDKS facility to Kuwait International Airport (commercial-side) or Al Mubarak (military-side) for the air segment to the final destination. The contractor’s rates shall include a single price per pound for both the ground and air movement.

1.3.2. The contractor shall inspect all outbound cargo prior to taking possession. Any discrepancies noted in the cargo preparation procedures should be reported to DDKS and AMD/APCT personnel prior to taking possession of the cargo.

1.3.3. The contractor shall notify DDKS representative on loss, damaged, or mis-directed DDKS shipments within 24 hours of discovery.

1.3.4. The contractor shall submit Transportation Discrepancy Report (TDR), SF-361 in accordance with the Defense Transportation Regulation (DTR), Part II, Cargo Movement section when required.

1.3.5. Al Mubarak (military-side) coordination. The contractor shall coordinate surface movements with the Al Mubarak Air Terminal Ground Handling Station (ATGHS) contractor prior to transporting cargo through this area. All cargo will be pre-staged at the vehicle staging area/cross-over checkpoint one hour prior to the aircraft arrival. The ATGHS contractor will escort the trucks to the flight line and cargo loading area and load/unload the contractor’s cargo. The Theater Express contractor will not be allowed to load and unload their aircraft on the military-side and must rely on the Government ATGHS contractor.

1.4. Opportune Cargo.

1.4.1. Under an existing AMD award, the AMD/APCT may request the contractor to accept opportune, high-priority (e.g., Super, 999, MICAP) loose cargo weighing 100 lbs or less per city-pair mission segment at the AMD awarded mission cost per pound rate. This option would be exercised only when the port determines that this would deliver cargo to destination faster than any military options available. The contractor, per coordination with the AMD/APCT, shall invoice the additional weight against an existing pallet ID listed in the AMD award.

1.4.2. Under an existing AMD awarded city-pair, the AMD/APCT may request the contractor to accept opportune high-priority (e.g., Super, 999, MICAP) palletized cargo assuming the contractor has the existing capacity on the aircraft. The contractor shall transport last-minute, opportune, high-priority palletized cargo to the next scheduled destination at the AMD awarded mission cost per pound rate. This option would be exercised only when the port determines that this would deliver cargo to destination faster than any military options available. The contractor, per coordination with the AMD/APCT, shall invoice the additional weight against an existing pallet ID listed in the AMD award.

1.5. Aircraft roller or rail system.

1.5.1. The contractor shall ensure all aircraft are equipped with a roller or rail system that is compatible for 463L configured pallets and equipment. Exception: When roll-on/roll-off cargo is the only cargo transported.

1.6. Additional Tie-down, Ramps, or Sub-Flooring.

1.6.1. When additional tie-down equipment, ramps, or sub-flooring is necessary to load/unload and secure the loaded pallet/cargo or roll-on, roll-off cargo to the aircraft, the contractor shall furnish it.

1.7. Hazardous Cargo Shipments.

1.7.1. All hazardous materials will be in air-authorized packaging and meet the type and/or quantity restrictions for cargo only aircraft and be packaged, prepared, marked/labeled and certified in accordance with AFMAN 24-204.

1.8. Pre-Alert Notification.

1.8.1. NLT 12 hrs prior to aircraft arrival, the contractor shall provide the following information to destination Aerial Port: Arriving aircraft type, cargo information, and departing cargo loading sequence by Pallet ID.

1.8.2. A contractor representative shall be available, in person or via telephone, during aircraft arrival or departure. This representative shall be responsible for providing necessary information and coordinating with Government personnel and have the authority to react to and effect necessary changes (e.g., providing support equipment, flight plans, fuel orders, documentation, etc).

1.9. Supply Chain Security.

1.9.1. The contractor shall follow their commercial surface and air security and customs procedures to safeguard all cargo against terrorism, theft, loss, tampering, or damage.

1.10. Loss or Damage Claims.

1.10.1. The contractor is liable for loss, damaged or misrouted shipments. All damaged shipments remain the property of the US government. Contractor liabilities for lost or damaged freight shall be in accordance with the Warsaw Conventions.

1.10.2. The contractor shall notify the AMD/APCT of lost, damaged, or misrouted shipments within 24 hours of discovery.

1.10.3. The AMD/APCT shall have 30 calendar days from the required delivery date to submit a claim for loss or damage.

1.10.4. Unless the AMD/APCT declares a higher value on the shipment documentation, the contractor’s liability shall be limited to their commercial liability terms and conditions.

1.11. DD Form 2400, DD Form 2401, and DD Form 2402 requirements

1.11.1. DD Form 2400, Civil Aircraft Certificate of Insurance. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and all Foreign Flag subcontractors are required to have a completed Civil Aircraft Certificate of Insurance on file with the contracting officer. Prime Contractors will provide updated forms as required.

1.11.2. DD Form 2401, Civil Aircraft Landing Permit. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and all Foreign Flag subcontractors are required to have a completed Civil Aircraft Landing Permit on file with the contracting officer. Prime Contractors will provide updated forms as required.

1.11.3. DD Form 2402, Civil Aircraft Hold Harmless Agreement. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and all Foreign Flag subcontractors are required to have a completed Civil Aircraft Hold Harmless Agreement on file with the contracting officer. Prime Contractors will provide updated forms as required.

1.12. Customs.

1.12.1. The contractor shall provide customs clearance procedures at both military-controlled and civilian-controlled airfields in accordance with their commercial procedures and the Defense Travel Regulation.

1.12.2. Customs clearance procedures and updates can be reviewed in the Defense Transportation Regulation (DTR) Part V, Department of Defense Customs/Border Clearance Policies and Procedures, which is available on the public web page at http://www.transcom.mil/j5/pt/dtr_part_v.cfm.

1.12.3. The contractor shall notify the AMD/APCT within 24 hours if government shipments are detained in customs.

1.12.4. Contractors will participate in the development and testing of DOD automated customs clearance systems by providing user feedback to the government and by inputting manifest and other shipping data to the system(s) as necessary. Upon implementation of these systems in various destination countries, the contractor will begin using electronic customs procedures to clear cargo as indicated in DTR Part V or interim instructions issued by USTRANSCOM.

1.13. Electronic Data Interchange (EDI) 214 Global Transportation Network (GTN) Interface.

1.13.1. In accordance with Exhibit A, the contractor shall provide an accurate GTN interface no later than 30 calendar days after contract award and maintain this interface throughout the contract performance period.

1.13.2. EDI compliance will be validated jointly by USTRANSCOM/JDPAC and AMC/A9. Once the contracting officer receives confirmation from both of these offices that compliance has been met, the contracting officer will notify the contractor.

1.14. AMD/APCT Daily Spot-Bid Process.

1.14.1. Only the AMD/APCT is authorized to order services under this contract. For the purposes of this contract, the AMD/APCT award email notification and attached spreadsheet will constitute the task order.

1.14.2. The AMD/APCT will email daily spot-bid requirements to contractors each morning (approximately 0715L/0415Z). The contractors have the option to review their existing capacity and respond with a daily-spot-bid rate within 75 minutes of notification unless otherwise directed by the APCT. Spot bids received after the cutoff may be considered; however, those city-pairs that have already been awarded will not be re-evaluated. The carrier must ensure the correct airframes are utilized when calculating the rates based on dimensional data provided. The carrier’s proposed daily spot-bid rate must be “equal to” or “lower than” their contracted rate. If the carrier doesn’t opt to offer a spot-bid, the APCT reserves the right to award at the contractor’s contracted rate on file. All rates must be an all-inclusive cost per pound rate.

1.14.3. For City-Pair Links/Combinations, each carrier is limited to eight links with no more than ten city-pairs in each link. Linked city-pairs and rates are submitted in the main body of the spot-bid email response. The linked rates must not be the same rate as entered on the spot-bid spreadsheet. Each part of the split is considered one city pair in a link.

1.14.4. For each AMD/APCT mission requirement where transportation costs exceed $3,000 issued under this multiple award contract, the AMD shall ensure each awardee is provided a fair opportunity to be considered for the shipment.

1.14.5. The AMD/APCT using the Best-Value Algorithm process combined with the Theater Express database program shall use best-value commercial practices to determine which contractor to select for award. Cost/price is a mandatory factor for all best-value decisions. The AMD/APCT will consider factors such as regional and overall past performance, quality of service, demerits, and the number of pallets in the carrier’s backlog (tendered, but not delivered) in the particular region.

1.15. Invoice/Billing Process.

1.15.1. The contractor shall submit Theater Express invoices using a SF Form 1113, Public Voucher for Transportation Charges, including the AMD Award Mission Number and shipment details via email to the AMD/APCT.

1.15.2. The AMD/APCT will review the contractor’s invoice and verify the delivery status.

1.15.3. Upon verification the AMD mission has been successfully delivered, the AMD/APCT will forward the contractor’s invoice and the AMD/APCT receiving report to DFAS-Limestone (via email) for payment.

1.15.4. DFAS-Limestone will review the AMD/APCT documentation and process the invoice for payment.

1.16. Prior Permission Request (PPR) Process.

1.16.1. The contractor shall adhere to the theater application process and operate in accordance with the approved PPR. It is the contractor’s responsibility to be aware of all airfield restrictions outlined in the NOTAMS.

1.16.2. The PPR application process is xxxxxxxxxxxx

1.16.3. In the event the contractor cannot comply with the approved PPR, the contractor shall immediately coordinate with the local airfield manager and the AMD/APCT.

2. Service Delivery Summary/Reliability

Deliver TP1 cargo within the standard timeframe

Deliver TP2 cargo within the standard timeframe

3. Government-Furnished Property, Facilities, Equipment, Training, and Services

3.1. Government-Furnished Property. Reserved.

3.2. Government-Furnished Facilities. Reserved.

3.3. Government-Furnished Equipment. Reserved.

3.4. Government-Furnished Training. Reserved.

3.5. Government-Furnished Services.

3.5.1. Defense Energy Supply Center (DESC) Ground and Aviation Fuel.

3.5.1.1. If the contractor intends to purchase fuel from the Defense Energy Support Center (DESC), a Fuel Purchase Agreement (FPA) must be completed. DD From 1896 DOD Fuel Identaplates will be prepared for the prime contractor (carrier) and the prime contractor may hand the identaplates out to their respective subcontractor(s). The identaplate will reflect the prime contractor’s DoDAAC account and other information needed by the contractor to identify their subcontractor. It is the responsibility of the prime contractor to manage and account for the identaplates. Cash purchases are not authorized.

3.5.1.2. Additional information can be found at http://www.desc.dla.mil/dcm/files/desc-i-3.pdf.

3.5.2. Contractor Logistical Support

3.5.2.1. Contractor Logistical Support. Logistical support varies by location as determined by the Forward Operating Base (FOB)/Forward Operating Location (FOL) Commander. The contractor shall comply with the FOB/FOL reimbursement procedures for contractor logistical support services rendered.

3.5.2.2. The contractor will be responsible to work with the local CENTCOM assigned Assistant Contracting Officer Representative (ACOR) and the USTRANSCOM Contracting Officer to comply with the Synchronized Predeployment and Operational Tracker (SPOT) requirements prior to seeking badging and contractor logistical support. Contractor personnel shall be provided the following contractor logistical support.

3.5.2.2.1. Biometric contractor badge to allow FOB access

3.5.2.2.2. Flightline access-must have flight driver’s license

3.5.2.2.3. Resuscitative (Emergency) Medical and Dental care

3.5.2.2.4. DESC fuel for aircraft, vehicles, and generators

3.5.2.3. Any exceptions to the contractor logistical support listed above will be reviewed on a case-by-case basis and must be validated by the FOB ACOR and the Contracting Officer. The contractor will be required to provide sufficient justification to warrant additional contractor logistical support. The method of reimbursement for additional logistical support will be determined by the Contracting Officer with the FOB ACOR’s assistance.

4. General Information.

4.1. Contractor Personnel.

4.1.1. The contractor shall provide a Program Manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer prior to the contract start date.

4.1.2. The contractor shall attend periodic performance review meetings (e.g., quarterly, semi-annual, or annual) at no additional charge.

4.2. Quality Program.

4.2.1. The contractor shall utilize their commercial quality control program and procedures to provide safe and reliable air transportation services.

4.3. Security.

4.3.1. While on military installations or on military portions of civil installations, contractor personnel shall comply with security regulations promulgated by the military installation commander. Security regulations are directive in nature and shall be adhered to by all contractor personnel. In addition, the contractor shall (consistent with their commercial procedures), provide a method to protect the integrity and proper functioning of all equipment and systems involved in the operation of this contract. Any equipment and information processing systems containing government information shall have security measures to protect against unauthorized disclosure. The contractor personnel shall carry proper identification at all times and easily be recognizable as a contractor.

4.4. The following CENTCOM requirements apply to this contract.

4.4.1. JCC-I/A Clause 952.222-0001, Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports (MAR 2009)

(a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

(b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

(2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language that defines the terms of their employment/compensation.

(3) Contractors shall not utilize unlicensed recruiting firms, or firms that charge illegal recruiting fees.

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor’s written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

(5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process.

(6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

4.4.2. JCC-I/A Clause 952.223-0001, Reporting Kidnappings, Serious Injuries, and Deaths (MAR 2009)

Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number Contract Description & Location Company Name Reporting party:

Name Phone number e-mail address Victim:

Name Gender (Male/Female) Age Nationality Country of permanent residence Incident:

Description Location Date and time Other Pertinent Information

4.4.3. JCC-I/A Clause 952.225-0001, Arming Requirements and Procedures for Personal Security Services Contractors and Requests for Personal Protection (MAR 2009)

General. Contractor and its subcontractors at all tiers that require arming under this contract agree to obey all laws, regulations, orders, and directives applicable to the use of private security personnel in Iraq and Afghanistan, including U.S. CENTCOM, Multi-National Force Commander and Multi-National Corps Commander orders, instructions and directives. Contractors will ensure that all employees, including employees at any tier of subcontracting relationships, armed under the provisions of this contract, comply with the contents of this clause and with the requirements set forth in the following: DODI 3020.41, Program Management for Acquisition and Operational Contract Support in Contingency Operations;

DFARS 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United States;

Class Deviation 2007-O0010, Contractor Personnel in the United States Central Command Area of Responsibility CPA Order #17, Registration Requirements for Private Security Companies, dated 27 Jun 04; U.S. CENTCOM Policy Letter, Mod 1, Personal Protection and Contract Security Service Arming, dated 7 Nov 2006

Required Government Documentation. The unit requesting the contractor security shall provide a description of the following to the arming approval authority and to the contracting officer:

The specific location where the PSC will operate;

The persons and/or property that require protection;

The anticipated threat;

The required weapon types; and The reason current security/police forces are inadequate.

Required Contractor Documentation. Contractors and their subcontractors at all tiers that require arming approval shall provide the following to the contracting officer representative (COR):

Documentation that each employee who will be armed under the contract received the following training— Weapons Qualification/Familiarization. All employees must meet the qualification requirements established by any DoD or other U.S. government agency Law of Armed Conflict (LOAC); Rules for the Use of Force (RUF), as defined in the U.S. CENTCOM Policy, dated 23 December 2005; and Distinction between the above-prescribed RUF and the Rules of Engagement (ROE), which are applicable only to military forces.

Completed DD Form 2760 (or equivalent documentation) for each armed employee, indicating that the employee is not otherwise prohibited under U.S. law from possessing the required weapon or ammunition.

One (1) copy of a business license from the Iraqi or Afghani Ministry of Trade or Interior;

One (1) copy of an operating license (or a temporary operating license) from the Ministry of Interior;

A communications plan that, at a minimum, sets forth the following: The contractor’s method of notifying military forces and requesting assistance where hostilities arise or combat action is needed; How relevant threat information will be shared between contractor security personnel and U.S. military forces; and How the contractor will coordinate transportation with appropriate military authorities. An acceptable plan for accomplishing background checks on all contractor and subcontractor employees who will be armed under the contract. The contractor shall, at a minimum, perform the following (which will be specifically addressed in its plan and which will be documented and furnished to the COR upon completion):

Use one or more of the following sources when conducting the background checks: Interpol, FBI, Country of Origin Criminal Records, Country of Origin U.S. Embassy Information Request, CIA records, and/or any other records available; Verify with MNC-I or Afghanistan RCE – CG Provost Marshal that no employee has been barred by any commander within Iraq or Afghanistan; and Certify, after completing all checks, that all persons armed under this contract are not prohibited under U.S. law from possessing a weapon or ammunition.

Required Contractor Acknowledgements. Contractors and their subcontractors at all tiers that require arming approval will provide written acknowledgement of the following to the COR: Penalties for Non-Compliance. Failure of contractor or subcontractor employee(s) to comply with the laws, regulations, orders, and rules (including those specified herein) governing the use of force may result in the revocation of weapons authorization for such employee(s). Where appropriate, such failure may also result in the total revocation of weapons authorization for the contractor (or subcontractor) and sanctions under the contract, including termination. Criminal and Civil Liability. Arming of contractor or subcontractor employees under this contract may subject the contractor, its subcontractors, and persons employed by the same, to U.S. and Host Nation prosecution and civil liability. “Host Nation” refers to the nation or nations where services under this contract are performed. Lapses in Training. Failure to successfully retrain an employee who is armed under this contract within twelve (12) months of the last training date will constitute a lapse in the employee’s authorization to possess and carry the weapon. All unauthorized employees will immediately surrender their weapon to the contractor and will remain unarmed until such time as they are retrained and the COR determines that the retraining is sufficient.

Authorized Weapon & Ammunition Types. Unless DCDRUSCENTCOM (or a designee) provides otherwise, all arming requests and authorizations for contractor or subcontractor employees under this contract shall be limited to U.S. Government approved weapons and ammunition. This restriction applies to all weapons in the possession of contractor employees, even if such weapons are required for personal protection. The following weapons and ammunition are currently authorized by the U.S. Government for use in Iraq and Afghanistan: The M9, M4, M16, or equivalent (e.g. .45 CAL, AK-47). The M9 or equivalent sidearm will be the standard personal protection weapon unless other weapons are specifically requested and approved. U.S. government Ball ammunition is the standard approved ammunition.

Requirements for Individual Weapons Possession. All employees of the contractor and its subcontractors at all tiers who are armed under this contract must: Possess only those U.S. Government-approved weapons and ammunition for which they are qualified under the training requirements of section (c); Carry weapons only when on duty or at a specific post; Not conceal any weapons, unless specifically authorized; Carry proof of authorization to be armed. Employees not possessing such proof will be deemed unauthorized and must surrender their weapon to their employer; and IAW USCENTCOM G.O. #1, consumption of alcohol in Iraq or Afghanistan is prohibited. In the event of a suspension or and exception to G.O. #1, employees shall not consume any alcoholic beverage while armed or within eight (8) hours of the next work period where they will be armed.

Weapons/Equipment Restrictions and Responsibilities. Unless otherwise provided, the U.S. Government will not provide any weapons or ammunition to contractors, their subcontractors, or any employees of the same. The Contractor will provide all weapons and ammunition to those employees that will be armed under the contract. The contractor and its subcontractors at all tiers will also provide interceptor body armor, ballistic helmets, and the Nuclear, Biological, and Chemical (NBC) protective masks to those employees that require such equipment in the performance of their duties.

Rules for the Use of Force (RUF). In addition to the RUF and ROE training referenced in paragraph (c), the contractor and its subcontractors at all tiers will monitor and report all activities of its armed employees that may violate the RUF. Prompt reporting demonstrates a desire by the contractor and its subcontractors to minimize the impact of any violations and, therefore, will be given favorable consideration. Violations of the RUF include, though are not limited to: Taking a direct part in hostilities or combat actions, other than to exercise self-defense; Failing to cooperate with Coalition and Host Nation forces; Using deadly force, other than in self-defense where there is a reasonable belief of imminent risk of death or serious bodily harm; Failing to use a graduated force approach; Failing to treat the local civilians with humanity or respect; and Detaining local civilians, other than in self-defense or as reflected in the contract terms.

Retention and Review of Records. The Contractor and all subcontractors at all tiers shall maintain records on weapons training, LOAC, RUF and the screening of employees for at least six (6) months following the expiration (or termination) of the contract. The Contractor and its subcontractors at all tiers shall make these records available to the Contracting Officer or designated representative, at no additional cost to the government, within 72 hours of a request.

Contractor Vehicles. Vehicles used by contractor and subcontractor personnel in the course of their security duties shall not be painted or marked to resemble U.S./Coalition or host nation military and police force vehicles.

Quarterly Reporting. The prime contractor will report quarterly (i.e. NLT 1 January, 1 April, 1 July and 1 October for each quarter of the calendar year) to the Contracting Officer responsible for this contract, and any other organization designated by the Contracting Officer, the following information under this contract:

The total number of armed civilians and contractors; The names and contact information of its subcontractors at all tiers; and A general assessment of the threat conditions, adequacy of force numbers, and any problems that might require a change to force levels. Note: this information is in addition to the information the contractor promises to immediately provide under the communications plan referenced at paragraph (c)(5).

4.4.4. JCC-I/A Clause 952.225-0002, Armed Personnel Incident Reports (MAR 2009)

(a) All contractors and subcontractors in the Multi-National Forces-Iraq (MNF-I) or Combined Joint Task Force (Afghanistan) theater of operations shall comply with and shall ensure that their personnel supporting MNF-I or CJTF forces are familiar with and comply with all applicable orders, directives, and instructions issued by the respective MNF-I or CJTF Commanders relating to force protection and safety.

(b) IRAQ: Contractors shall provide all incidents and use of weapons firing incidents to the MNC-I Contractor Operations Cell (CONOC) as soon as practical, based upon the situation, and submit a written report to CONOC within 4 hours. The initial report shall include the name of the company, location of the incident, time when the incident occurred, a brief description of the events leading up to the incident, and a company point of contact. A follow-up, comprehensive written report shall be provided to the CONOC within 96 hours of the incident. Reports shall be submitted to CONOC at:

mncic3conoc@iraq.centcom.mil;, DSN 318-435-2369; Iraqna 0044 203 286 9851 or 0044 203 239 5894; or Skype: MNCICONOC.

(c) AFGHANISTAN: Contractors shall report all incidents and use of weapons through their Contracting Officers who will notify the JOC Watch at Bagram AB. (JOC SHIFT DIRECTOR, DSN: 318-431-4116; SVOIP: 431-7108) Information should include: the name of the company, where the incident occurred, time when the incident occurred, a brief description of the events leading up to the incident, and a point of contact for the company. The JOC Watch duty officer will issue guidance for further reporting requirements.

(d) Contractors shall provide first aid and request MEDEVAC of injured persons, and remain available for U.S. or Coalition response forces, based upon the situation. In the event contractor personnel are detained by U.S. or Coalition Forces, prolonged detention due to lack of proper identification can be alleviated by contractor personnel possessing on their person information that includes the contractor’s name, the contract number, a contractor management POC, and the phone number of the CONOC/JOC Watch.

4.4.5. JCC-I/A Clause 952.225-0003, Fitness for Duty and Medical/Dental Care Limitations (MAR 2009)

(1) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section,and redeployment of individuals determined to be unfit. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

(2) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (ie. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiologic control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1year) of mood disorder, thought disorder, anxiety, somotoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 8 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR).

(3) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

(4) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual.

Routine dental care, examinations and cleanings are not authorized.

(5) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. In accordance with OUSD(C) Memorandum dated 4 June 2008, the following reimbursement rates will be charged for services at all DoD deployed medical facilities. These rates are in effect until changed by DoD direction.

(a) Inpatient daily rate: $2,041.00. Date of discharge is not billed unless the patient is admitted to the hospital and discharged the same day.

(b) Outpatient visit rate: $195.00. This includes diagnostic imaging, laboratory, pathology, and pharmacy provided at the medical facility.

4.4.6. JCC-I/A Clause 952.225-0005, Monthly Contractor Census Reporting (MAR 2009)

Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month. The following information shall be provided for each province in which work was performed:

(1) The total number (prime and subcontractors at all tiers) employees.

(2) The total number (prime and subcontractors at all tiers) of U.S. citizens.

(3) The total number (prime and subcontractors at all tiers) of local nationals (LN).

(4) The total number (prime and subcontractors at all tiers) of third-country nationals (TCN).

(5) Name of province in which the work was performed.

(6) The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2007-O0010.

4.4.7. JCC-I/A Clause 952.225-0010, Contractor Employee Legal Requirements (MAR 2009)

(a) The contractor shall not employ, nor allow a subcontractor to employ, any person that has ever been convicted, in any U.S. court, including a court-martial, of any crime against an Iraqi and/or an Afghan national, regardless of the place at which the crime occurred.

(b) For the purpose of this clause, “crime” is defined as: “a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties.” Further, the crime must be an offense that could be classified as a Class B misdemeanor, or any higher class up to a Class A felony, as referenced at 18 USC §3559.

(c) Contractors shall exercise effective screening processes to ensure that individuals not conforming to this standard are identified and prohibited from, or removed from (if already employed) working under this contract.

(d) Contractor employees discovered to have one of more prior convictions as described above shall be removed from the contract at the contractor’s expense.

(e) Failure to adhere to the requirements of this clause could result in a termination for cause or termination for default, in accordance with the terms and conditions of this contract.

5. Exhibit/Attachment Table of Contents

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