USC-7 Amend 4 3 Feb 12.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to accomplish the follow ing:

1.) Extend the Offer Due Date FROM 30 JAN 2012 4:00 PM CST TO 20 FEB 2012 4:00 PM CST. 2.) Revise Table of Contents. 3.) Make revisions to the RFP and clauses. 4.) Make revisions to Exhibit 1, Addenda to FAR Provisions. 5.) Make revisions to Exhibit 2, Additional

Clauses. 6.) Make revisions to Attachment 2 to Exhibit 1 (Linehaul-Rates-Breakdow n). 7.) Make revisions to Exhibit 3, Performance Work

Statement. 8.) Make revisions to Attachment 6 of Exhibit 3, Invoicing and Payment. 9.) Make revisions to Attachment 7 of Exhibit 3, Reports and Formats. 10.) Make revisions to Attachment 11 of Exhibit 3, Rate Rules. 11.) Added Attachment 12 to Exhibit 3, Vendor Assessment

Guidelines for Tw enty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (CAG). 12.) Make revisions to the Carrier Analysis & Rate Evaluation System, Service Module (CARE II SM).

1. CONTRACT ID CODE PAGE OF PAGES

K 1 43

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Feb-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-11-R-W004

X 9B. DATED (SEE ITEM 11)

29-Nov-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Feb-2012

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-11-R-W 004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 30-Jan-2012 04:00 PM to 20-Feb-

2012 04:00 PM.

SUPPLIES OR SERVICES AND PRICES

Global Changes

CLIN 0001 -- CLIN 2003

The contract type has changed from FFP to FP-EPA.

The IDC type has changed from N/A to Indefinite Quantity.

CLIN 0001

The CLIN description has changed from Base Year (01 Jun 12 - 31 May 13) to Base Year (01 Jul 12 – 30

Jun 13).

The cost constraint EST has been deleted.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot

Base Year (01 Jul 12 – 30 Jun 13)

FP-EPA

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation

System)

FOB: Destination

SIGNAL CODE: A

MAX NET AMT

CLIN 0002

The unit of issue has changed from Lot to Lump Sum.

UNIT UNIT PRICE MAX AMOUNT

0002 4 Lump

Sum

Container Detention

FP-EPA

Facilitate payment of detention on containers at time of container purchase.

Payment will be made by issuing a Delivery Order against this CLIN. The detention costs will be negotiated between the Government and Carrier.

CLIN 0003

UNIT UNIT PRICE MAX AMOUNT

0003 4 Lump

Container Purchase

Facilitate purchase of containers to cease detention. Purchase will be made by issuing a Delivery Order against this CLIN. Purchase cost will be IAW prices listed in the PWS.

CLIN 0004

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lot

Minimum Guarantee

FP-EPA

This CLIN is to facilitate payment of Contract Minimum Guarantee. Payment of

Minimum Guarantee will be made via Delivery order if Min imum is not met v ia ordering of transportation services.

CLIN 1001

The CLIN description has changed from Option Period 1 (01 Jun 13 - 31 May 14) to Option Period 1 (01

Jul 13 – 30 Jun 14).

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lot

OPTION Option Period 1 (01 Jul 13 – 30 Jun 14)

FP-EPA

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation

System)

CLIN 1002

UNIT UNIT PRICE MAX AMOUNT

1002 4 Lump

OPTION Container Detention

Facilitate payment of detention on containers at time of container purchase.

Payment will be made by issuing a Delivery Order against this CLIN. The detention costs will be negotiated between the Government and Carrier.

CLIN 1003

UNIT UNIT PRICE MAX AMOUNT

1003 4 Lump

OPTION Container Purchase

Facilitate purchase of containers to cease detention. Purchase will be made by issuing a Delivery Order against this CLIN. Purchase cost will be IAW prices listed in the PWS.

CLIN 2001

The CLIN description has changed from Option Period 1 (01 Jun 14 - 31 May 15) to Option Period 2 (01

Jul 14 – 30 Jun 15).

UNIT UNIT PRICE MAX AMOUNT

2001 1 Lot

OPTION Option Period 2 (01 Jul 14 – 30 Jun 15)

FP-EPA

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation

System)

CLIN 2002

UNIT UNIT PRICE MAX AMOUNT

2002 4 Lump

OPTION Container Detention

Facilitate payment of detention on containers at time of container purchase.

Payment will be made by issuing a Delivery Order against this CLIN. The detention costs will be negotiated between the Government and Carrier.

CLIN 2003

UNIT UNIT PRICE MAX AMOUNT

2003 4 Lump

OPTION Container Purchase

Facilitate purchase of containers to cease detention. Purchase will be made by issuing a Delivery Order against this CLIN. Purchase cost will be IAW prices listed in the PWS.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

POP 01-JUN-2012 TO

31-MAY-2013

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

SEE

SCHEDU

To:

POP 01-JUL-2012 TO

30-JUN-2013

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 0002 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 0003 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 0004 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 1001 has been changed from:

POP 01-JUN-2013 TO

31-MAY-2014

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

POP 01-JUL-2013 TO

30-JUN-2014

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 1002 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 1003 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 2001 has been changed from:

POP 01-JUN-2014 TO

31-MAY-2015

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

POP 01-JUL-2014 TO

30-JUN-2015

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 2002 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following Delivery Schedule item for CLIN 2003 has been changed from:

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

The following have been added by reference:

52.209-9 Updates of Publicly Available Informat ion Regard ing

Responsibility Matters

JAN 2012

252.203-7003 Agency Office of the Inspector General DEC 2011

252.229-7006 Value Added Tax Exclusion (United Kingdom) DEC 2011

The following have been added by full text :

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provis ions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisit ion 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 Comptro ller 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 Retent ion, of the other clauses of this contract. If this contract is completely or part ially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relat ing to appeals under the disputes clause or to lit igation or the settlement of claims arising under or relating to this contract shall be made availab le 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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, Utilizat ion of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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 Elig ible

Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilit ies (JUN 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notificat ion of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Serv ice 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 Applicat ion 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 Elig ibility 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 o f additional clauses necessary to satisfy its contractual obligations.

(End of clause)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN

2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub.

L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and admin istrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for co llect ing the tax liability, where the award ing agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal v iolation under any Federal law within the preceding 24 months, where the awarding agency is aware o f the conviction, unless the agency has considered suspension or deb arment of the corporation and made a determination that this action is not necessary to protect the interest of the Government.

(b) The Offeror represents that—

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liab ility that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for co llect ing the tax liability,

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violat ion under a Federal law within the preceding 24 months.

(End of provision)

252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES

DEPLOYED OUTSIDE THE UNITED STATES (JUN 2011)

(a) Definit ions. As used in this clause--Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander fo r the conduct or support of specified military operations.

Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual cit izens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

Subordinate joint force commander means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in--

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States 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 accompanying the U.S. Armed Forces.

(i) Except as provided in paragraph (b)(3)(ii) 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 such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in their contract or with their job description and terms of employment.

(iii) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(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. (1)(i) The Combatant Commander will develop a security plan for p rotection of Contractor personnel in locations where there is not sufficient or legit imate civ il authority, when the Combatant Commander decides it is in the interests of the Government to provide security because--

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) The Contracting Officer shall include in the contract the level of protection to be provided to Contractor personnel.

(iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the designated operational area are authorized to receive resuscitative care, stabilization, hospitalizat ion at level III military treatment facilit ies, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or t ransportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract.

(4) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or with in the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable --

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

(ii) Prov isions of the law of war, as well as any other applicable treaties and international agreements;

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

(iv) Orders, direct ives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war train ing in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that contractor employees accompanying U.S. Armed Forces are aware--

(i) Of the DoD definit ion of ``sexual assault'' in DoDD 6495.01, Sexual Assault Prevention and Response Program;

(ii) That many of the offenses addressed by the definition are covered under the Uniform Code of Military Justice

(see paragraph (e)(2)(iv) o f this clause); and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause).

(e) Pre-deployment requirements .

(1) The Contractor shall ensure that the following requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract.

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

(ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizat ions as specified in the contract. The Government will provide, at no cost to the Contractor, any theater-specific immunizat ions and/or medications not available to the general public.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to deploying personnel shall contain the access permissions allowed by the letter of authorizat ion issued in accordance with paragraph (c)(4) of this clause.

(iv) Special area, country, and theater clearance is obtained for personnel. Clearance requirements are in DoD

Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide.

Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship.

(v) All personnel have received personal security training. At a minimum, the training shall--

(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, in accordance with DoD

Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(vii) Personnel have received law of war train ing as follows:

(A) Basic training is required for all Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The basic training will be provided through--

(1) A military -run train ing center; or

(2) A Web-based source, if specified in the contract or approved by the Contracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinar ily resident in the host country, that--

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment fo r more than one year if the conduct had been engaged in within the special marit ime and territorial ju risdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000

(18 U.S.C. 3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S.

diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, Contractor personnel authorized to accompany U.S. Armed

Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(f) Processing and departure points. Deployed Contractor personnel shall--

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting

Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief

Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall enter before deployment and maintain data for all Contractor personnel that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b )(1) o f this clause.

The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web -based system, at http://www.dod.mil/bta/products/spot.html, to enter and maintain the data.

(2) The Contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency

Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive this data card.

(h) Contractor personnel.

(1) The Contracting Officer may d irect the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or v iolate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall--

(i) Identify all personnel who are subject to military mobilizat ion;

(ii) Detail how the position would be filled if the individual were mobilized; and

(iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential.

(3) Contractor personnel shall report to the Combatant Commander or a designee, or through other channels such as the military police, a judge advocate, or an inspector general, any suspected or alleged conduct for which there is credible information that such conduct--

(i) Constitutes violation of the law of war; or

(ii) Occurred during any other military operations and would constitute a violation of the law of war if it occurred during an armed conflict.

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohib ited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must --

(i) Wear d istinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all t imes.

(2) Contractor personnel may wear military-unique organizat ional clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, b iological, o r chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the

Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, paragraph 6.3.4.1 or, if the contract is for security services, paragraph 6.3.5.3. The

Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons--

(i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons and ammunition to specified employees; or

(ii) The (Contracting Officer to specify the appropriate individual, e.g., Contracting Officer's Representative, Regional Security Officer) may issue Government-furn ished weapons and ammunition to the Contractor for issuance to specified Contractor employees.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons --

(i) Are adequately trained to carry and use them--

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander;

and

(C) In compliance with applicable agency policies, agreements, rules, regulat ions, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition.

(4) Whether or not weapons are Government-furn ished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the

Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent availab le, to United States and third country national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writ ing by the Contracting Officer, the

Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense.

(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Po licy.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting

Officer may, at any time, by written order identified as a change order, make changes in the place of performance or

Government-furnished facilit ies, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed outside the

United States in--

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the Combatant Commander.

252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES

CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012-O0005) (JAN 2012)

(a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirect ly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalit ion forces in a contingency operation.

(b) The Head of the Contracting Activity (HCA) has the authority to—

(1) Terminate this contract for default, in whole or in part, if the HCA determines in wr iting that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this

Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalit ion forces in a contingency operation.

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE

UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012 -O0005) (JAN

2012)

(a) In addit ion to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this Contract are not-

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this

Contract that have an estimated value over $100,000.

952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS,

AND WITHHOLDING OF EMPLOYEE PASSPORTS (AUG 2011)

(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 immigrat ion document, or any other actual or purported government identificat ion document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawfu l authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person.

(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 liv ing space per employee.

Upon contractor’s written request, Contracting Officers may grant a waiver in writ ing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the Con tracting 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 and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmat ive duty to advise the Contracting Officer if they learn o f 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.

(End of Clause)

952.225-0001 ARMING REQUIREMENTS AND PROCEDURES FOR PERSONAL SECURITY SERVICES

CONTRACTORS AND FOR REQUESTS FOR PERSONAL PROTECTION (DEC 2011)

(a) General. Contractor and its subcontractors at all t iers 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, Office of Security Cooperation-Iraq (OSC-I) and United States Forces - Afghanistan

(USFOR-A) Commander orders, instructions, polices 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:

(1) DODI 3020.50, Private Security Contractors (PSCs) Operating in Contingency Operations;

(2) DODI 3020.41, Operat ional Contract Support

(3) DODI 5210.56, Carry ing of Firearms and the Use of Force by DoD Personnel Engaged in Security, Law and

Order, or Counterintelligence Activit ies;

(4) DFARS 252.225-7039, Contractors Performing Private Security Functions;

(5) DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States;

(6) Class Deviation 2011-O0004, Contractor Personnel in the United States Central Command Area o f

Responsibility (DFARS 252.225-7995);

(7) USFOR-A, FRAGO 11-128, Outlines Management of Armed Contractors and Private Security Companies

Operating in the Combined Jo int Operations Area - Afghanistan (CJOA-A);

(8) OSC-I OPORD 11-01, Annex C, Appendix 20;

(9) U.S. CENTCOM Policy and Delegation of Authority for Personal Protection and Contract Security Service

Arming of DoD Civ ilian Personnel, dated 18 Jan 2011;

(10) Office of Security Cooperation-Iraq (OSC-I) Policy Memorandum #14 – Civilian Arming Program (CAP), dated 23 November 2011;

(b) Required Contractor Documentation. Contractors and their subcontractors at all tiers that require arming approval shall provide to the arming approval authority via the COR consistent documentation (signed and dated b y the employee and employer as applicable) for each of their employees who will seek authorization to be armed under the contract as follows:

(1) Weapons Qualification/Familiarization. All employees must meet the weapons qualification requirements on the requested weapon(s) 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 applicab le only to military forces.

(2) 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 ammunit ion.

(3) Written acknowledgement by the individual of the fulfillment of training responsibilities and the conditions for the authorizat ion to carry firearms. This document includes the acknowledgement of the distinctions between the

ROE applicable to military forces and RUF that control the use of weapons by DoD civ ilians, DoD contractors and

PSCs.

(4) Written acknowledgement signed by both the armed employee and by a representative of the employing company that use of weapons could subject both the individual and company to U.S. and host nation prosecution and civil liability.

(5) A copy of the contract between the contractor’s company and the U.S. Government that verifies the individual’s employment and addresses the need to be armed.

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

(7) One (1) copy of a license to operate as a PSC (or a temporary operating license) from the Ministry of Interior.

(c) Communication Plan. The contractor will submit to the COR a communicat ions plan that, at a minimum, sets forth the following:

(1) The contractor’s method of notifying the OSC-I Base Defense Operations Center (BDOC) (Iraq) and military forces (Afghanistan) requesting assistance where hostilit ies arise, combat action is needed, or serious incidents have been observed.

(2) How relevant threat informat ion will be shared between contractor security personnel and U.S. military forces.

(3) How the contractor will coordinate transportation with appropriate OSC-I or USFOR-A authorities.

(d) Plan for Accomplishing Employee Vetting. The contractor will submit to the COR an acceptable plan fo r vetting all contractor and subcontractor local national and third country national employees. The contractor shall, at a min imum, perform the fo llowing (which will be specifically addressed in its plan):

(1) Local Nat ionals: Perform Local and National Agency background checks in accordance with Host Nation

Government policies and protocols.

(2) Use one or more of the fo llowing sources when conducting the background checks on Third Country Nationals:

Interpol, FBI, Country of Origin Criminal Records, Country of Orig in U.S. Embassy Informat ion Request, or CIA records.

(3) All local nationals and third country nationals will voluntarily submit to fu ll biometric enro llment in accordance with theater biometric policies prior to submitting arming requests. All local nationals and third country nationals will voluntarily submit to routine biometric screening in accordance with local installat ion policies and procedures.

The contractor will immediately notify the COR, local installat ion Force Protection agency, and the theater arming approval authority of any individuals who are revealed as potential security risks during biometric processing.

(4) The Contractor shall provide to the COR official written certification of candidate(s) suitability for employment.

This certification may address mult iple employees on a single certification but must clearly state each employee was vetted in accordance with the Contractor’s plan for accomplishing employee vetting.

(e) Penalt ies for Non-Compliance. Failu re of contractor or subcontractor employee(s) to comply with the laws, regulations, orders, and rules (including those specified herein) governing the use of force, training, arming authorization, and incident reporting requirements 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 authorizat ion for the contractor (or subcontractor) and sanctions under the contract, including termination.

(f) Criminal and Civil Liab ility. Arming of contractor or subcontractor employees under this contract may subject the contractor, its subcontractors, and persons employed by the same to the civil and criminal jurisdiction of the U.S.

and Host Nation. ―Host Nation‖ refers to the nation or nations where services under this contract are performed.

Additionally, the arming authority’s authorization letter is valid for a maximum of twelve (12) months from the date of the prior letter (unless authorization is earlier invalidated by a lapse in train ing).(Afghanistan only)

(g) Lapses in Training or Authorizat ion. Failure to successfully retrain an employee who has been properly authorized to be 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 and authorization letter to the contractor and will remain unarmed until such time as they are retrained and newly approved by the arming authority.

(h) Authorized Weapon & Ammunit ion Types. Unless the BDOC for Iraq or the Deputy Commander of

USCENTCOM (DCDRUSCENTCOM) (or a designee) for Afghanistan expressly provides otherwise, all arming requests and authorizat ions for contractor or subcontractor employees under this contract shall be limited to U.S.

Government-approved weapons and ammunit ion. Notwithstanding Host Nation laws or regulat ions that would allow use of heavier weapons by contract security/PSC, all DoD security service / PSC contractors must have weapons approved by the RSO or DCDRUSCENTCOM (or a designee) before use. 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 arming authority for use in Iraq and

Afghanistan:

(1) The M9, M4, M16, or equivalent (equivalency determination by the appropriate arming authority).

(2) The M9 or equivalent sidearm will be the standard personal protection weapon unless other weapons are specifically requested and approved.

(3) Standard authorized weapons are selectable fire semi-automatic weapons only. All Non-U.S. and Non-standard weapons must be submitted to the theater arming authority for review and approval. Non -standard weapons are classified as any machine gun, belt- fed or crew served weapon or any weapon utilizing ammunit ion greater than

7.62mm X 51mm NATO. Contractors must also provide scorecards and criteria for qualificat ion appropriate to the

Non-standard weapon’s caliber.

(4) U.S. government Ball ammunit ion is the standard approved ammunit ion.

(i) Requirements for Individual Weapons Possession. All employees of the contractor and its subcontractors at all tiers who are authorized to be armed under this contract must:

(1) Possess only those U.S. Govern ment-approved weapons and ammunition for which they are qualified under the training requirements of…