HTC711-16-R-R023_TASC.docx

HTC711-16-R-R023

Section SF 1449 - CONTINUATION SHEET

Basing Operations

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS. Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order.

FOB: Destination

SIGNAL CODE: A

NET AMT

PSC Code: V111

Fixed Wing Operations

Flight Operations for fixed wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

Rotary Wing Operations

Flight Operations for rotary wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

Fuel Reimbursables

COST

All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for aircraft fuel in direct support of this contract is $2,000,000.

ESTIMATED COST

Reimbursables - Other Than Fuel

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for Reimbursables – Other than Fuel is $2,000,000.

ESTIMATED COST

Ground Support

Ground Support as described in PWS 1.4. Task Order pricing shall be in accordance with the Pricing Table necessary support required by the Task Order.

NET AMT

Positioning

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include positioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

Depositioning

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

Minimum Guarantee

The minimum guarantee for this contract is $15,000.

NET AMT

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS. Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order.

NET AMT

FFP

Flight Operations for fixed wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

FFP

Flight Operations for rotary wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

COST

All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for aircraft fuel in direct support of this contract is $2,000,000.

ESTIMATED COST

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for Reimbursables – Other than Fuel is $2,000,000.

ESTIMATED COST

FFP

Ground Support as described in PWS 1.4. Task Order pricing shall be in accordance with the Pricing Table necessary support required by the Task Order.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include positioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS. Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order.

NET AMT

FFP

Flight Operations for fixed wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

FFP

Flight Operations for rotary wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

COST

All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for aircraft fuel in direct support of this contract is $2,000,000.

ESTIMATED COST

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for Reimbursables – Other than Fuel is $2,000,000.

ESTIMATED COST

FFP

Ground Support as described in PWS 1.4. Task Order pricing shall be in accordance with the Pricing Table necessary support required by the Task Order.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include positioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS. Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order.

NET AMT

FFP

Flight Operations for fixed wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

FFP

Flight Operations for rotary wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

COST

All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for aircraft fuel in direct support of this contract is $2,000,000.

ESTIMATED COST

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for Reimbursables – Other than Fuel is $2,000,000.

ESTIMATED COST

FFP

Ground Support as described in PWS 1.4. Task Order pricing shall be in accordance with the Pricing Table necessary support required by the Task Order.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include positioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Monthly Basing Fee to provide aircraft services in accordance with the PWS. Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order.

NET AMT

FFP

Flight Operations for fixed wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

FFP

Flight Operations for rotary wing aircraft. Task Order pricing shall be in accordance with the Pricing Table based on hours, miles, trips, or other operational unit of measure as required by the Task Order.

NET AMT

COST

All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for aircraft fuel in direct support of this contract is $2,000,000.

ESTIMATED COST

COST

These costs must be determined necessary by the Government and approved in advance by the Contracting Officer. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. The estimated cost for Reimbursables – Other than Fuel is $2,000,000.

ESTIMATED COST

FFP

Ground Support as described in PWS 1.4. Task Order pricing shall be in accordance with the Pricing Table necessary support required by the Task Order.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include positioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

FFP

Task Order pricing shall be in accordance with the Pricing Table based upon the aircraft required by the Task Order. The price does not include depositioning of alternate aircraft, personnel travel costs, transportation of support equipment, vehicles, etc.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-NOV-2017

DENISE E. CAMERON

508 SCOTT DR

SCOTT AFB IL 62225-5357

618-220-7031

HTC711

30-NOV-2017

PHILLIP A. SURREY

508 SCOTT DR

SCOTT AFB IL 62225-5357

618-220-7135

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2017

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2018

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2019

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2020

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

30-NOV-2021

HTC711

CLIN DELIVERY/TASK ORDER MIN

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum order value for this Indefinite Delivery/Indefinite Quantity contract is established at $15,000 for the contract base year. The minimum is satisfied when the contractor is given a task order, or multiple task orders which result in a combined value of $15,000 or more. The minimum guarnatee applies only to the IDIQ contract Base Year and does not apply to the Option Years.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and (2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(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)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 December 2016 (or date of award if subsequent thereto) through 30 May 2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $200,000,000.00

(2) Any order for a combination of items in excess of $200,000,000.00; or

(3) A series of orders from the same ordering office within one (1) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 calendar days after contract expiration.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days prior to the expiration of expiration of the existing contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years, six months.

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the USTRANSCOM Protection Branch.

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.225-7980 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES AFRICA COMMAND AREA OF RESPONSIBILITY(DEVIATION 2016-O0008) (JUN 2016)

(a) Definitions. As used in this clause— “Combatant Commander” means the Commander of the United States Africa Command (USAFRICOM).

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces in applicable operations shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander or subordinate joint force commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Designated reception site” means the designated place for the reception, staging, integration, and onward movement of contractors deploying to the USAFRICOM area of responsibility. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

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

“Non-CAAF” means personnel in applicable operations who are not designated as CAAF, such as local national employees and non-local national employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, the U.S. Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

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

“U.S. Africa Command (USAFRICOM) area of responsibility,” as used in this clause, means–

(1) The entire continent of Africa, excluding Egypt;

(2) The Atlantic Ocean east and south of the line from Antarctica at 024°W, north to 4°N/024°W, west to 30°W, then north to 21°N/030°W, then east to the African continent; and

(3) The Indian Ocean west and south of the line from Antarctica at 68°E, north to 01°40’S/068°E, and west to the African coast at 01°40’S.

(b) General.

(1) This clause applies to all contractor personnel when performing in the USAFRICOM area of responsibility.

(2) Certain requirements in paragraphs (c)(3), (e)(1), and (f) must be specified in the statement of work to be applied to non-CAAF personnel.

(3) Contract performance in the USAFRICOM area of responsibility 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.

(4) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor personnel are only authorized to use force for individual self-defense.

(5) 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).

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

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

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

(C) Threat conditions necessitate security through military means.

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

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, all non-CAAF who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

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

(iii) Medical or dental care beyond this standard is not authorized.

(3)(i) A Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer is required for certain contractor personnel to process through a deployment center or to travel to, from, or within the USAFRICOM area of responsibility. The requirement applies to CAAF and, as specified in the statement of work, non-CAAF personnel.

(ii) The letter of authorization will identify any additional authorizations, privileges, or Government support that contractor personnel are entitled to under this contract. USAFRICOM has limited capability to provide Government-furnished life-support services to contractors in the USAFRICOM area of responsibility. In instances where Government-furnished life support services are neither available nor authorized in the contract, the SPOT-generated letter of authorization, signed by the Contracting Officer, shall be annotated with “None” checked for Government-furnished life-support services.

(iii) Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the USAFRICOM area of responsibility under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USAFRICOM area of responsibility are familiar with and comply with, all applicable—

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

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

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

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

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

(3) The Contractor shall ensure that all contractor personnel are aware—

(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

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

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) This section does not create any rights or privileges that are not authorized by law or DoD policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at http://www.osi.af.mil;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html; and

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United States are aware of their rights to—

(i) Hold their own identity or immigration documents, such as passport or driver’s license;

(ii) Receive agreed upon wages on time;

(iii) Take lunch and work-breaks;

(iv) Elect to terminate employment at any time;

(v) Identify grievances without fear of reprisal;

(vi) Have a copy of their employment contract in a language they understand;

(vii) Receive wages that are not below the legal in-country minimum wage;

(viii) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and

(ix) If housing is provided, live in housing that meets host-country housing and safety standards.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF and, as specified in the statement of work, non-CAAF (specific requirements for each category will 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 such personnel deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by the Geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and

(C) Have received all required immunizations as specified in the contract.

(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public.

(2) All other immunizations shall be obtained prior to arrival at the deployment center.

(3) All such personnel, as specified in the statement of work, shall bring to the USAFRICOM area of responsibility a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731, International Certificate of Vaccination or Prophylaxis as approved by the World Health Organization, (also known as "shot record" or "Yellow Card") that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit the USAFRICOM area of responsibility and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD personnel traveling under DoD sponsorship.

(v) All deploying 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 training as follows:

(A) Basic training is required for all such personnel.