A0001_Add_Security_Language.docx

22 SEPTEMBER 2016

THIS IS THE MILITARY SEALIFT COMMAND NORFOLK, STRATEGIC SEALIFT PROGRAM SUPPORT OFFICE, N103B

TO: ALL POTENTIAL OFFERORS

SUBJECT: N32205-16-R-3278, AMENDMENT 0001

REF: (A) MSC RFP N32205-16-R-3278, DATED 21 SEPTEMBER 2015

1. SUBJECT RFP IS HEREBY AMENDED AS FOLLOWS:

ADD PART (v) SECTION L (l) CONTRACTOR SECURITY (CS) - DEC 2012

1. CONTRACTOR SECURITY. THE GOVERNMENT REQUIRES THE CONTRACTOR TO FURNISH ARMED CONTRACTOR SECURITY (CS) WITH A MINIMUM OF FOUR (4) PERSONS. THE CONTRACTOR SHALL PROVIDE THE TEAM MAKEUP FOR APPROVAL BY THE GOVERNMENT PRIOR TO AWARD AND THE TEAM SHALL BE ONBOARD DURING THE DURATION OF THE VOYAGE(S)/CHARTER PERIOD UNDER THIS CONTRACT. CONTRACTOR WILL PROVIDE GOVERNMENT-APPROVED FIREARMS AND AMMUNITION FOR THE CS AS DESCRIBED BELOW (AS WELL AS ANY BODY ARMOR, TACTICAL COMMUNICATIONS SYSTEMS, OR PROTECTIVE EQUIPMENT FOR THEIR USE), AND IS RESPONSIBLE FOR DELIVERY TO AND RETRIEVAL FROM THE VESSEL OF THESE ITEMS. CONTRACTOR WILL PROVIDE BERTHING AND VICTUALS FOR THE CS IN ACCORDANCE WITH THE TERMS OF THIS CONTRACT.

2. THREAT INFORMATION. CS PERSONNEL WILL PROVIDE SECURITY ON THE VESSEL AGAINST THREATS TO THE VESSEL, ITS CREW, AND DOD MILITARY CARGO ON BOARD. IN PARTICULAR, CS PERSONNEL MUST BE PREPARED TO DEFEND AGAINST PIRATES OR TERRORISTS WHO MAY USE 2 TO 20 SMALL VESSELS, AND SIMULTANEOUSLY ATTACK BOTH SIDES OF THE VESSEL, WHILE ARMED WITH AUTOMATIC WEAPONS AND ROCKET PROPELLED GRENADES. THE CS MUST ALSO BE PREPARED TO DEFEND AGAINST SUICIDE-BOMBER ATTACKS BY PERSONS USING VESSEL-BORNE IMPROVISED EXPLOSIVE DEVICES.

3. PERMISSION FROM VESSEL'S FLAG STATE (NON-U.S. FLAG). THE CONTRACTOR WILL ADVISE THE CONTRACTING OFFICER IN WRITING AT LEAST 96 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL THAT IT HAS CONFIRMED WITH THE VESSEL'S FLAG STATE (FOR A FLAG OTHER THAN THE U.S.) THAT EMBARKATION OF ARMED CS FOR THE PURPOSES STATED IN THE CONTRACT ARE NOT IN VIOLATION OF FLAG STATE LAW.

4. RULES FOR USE OF FORCE & LEGAL COMPLIANCE. THE STANDING RULES OF ENGAGEMENT APPLICABLE TO U.S. MILITARY MEMBERS ARE NOT APPLICABLE TO CS PERSONNEL. WHEN USING FORCE, TO INCLUDE DEADLY FORCE, CS PERSONNEL WILL AT A MINIMUM COMPLY WITH THE USE OF FORCE RULES FOUND IN DOD DIRECTIVE 5210.56 (PARTICULARLY ENCLOSURE 2 THERETO), THE WARNING SHOT GUIDANCE IN UNCLASSIFIED PARAGRAPH 4 C OF ENCLOSURE M TO CJCSI 3121.01B OF 13 JUNE 2005, AND THE MOST CURRENT MSC MESSAGE ON THE RULES FOR THE USE OF FORCE BY MSC MARINERS, CURRENTLY ALMSC MESSAGE 018/12 OF 261809Z SEP 2012. THE CONTRACTOR SHALL REQUEST COPIES OF THIS GUIDANCE FROM THE CONTRACTING OFFICER IF THEY DO NOT HAVE IT. THE CONTRACTOR, ANY SUBCONTRACTOR PROVIDING CS SERVICES, AND CS PERSONNEL ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS (TO INCLUDE THE LAW OF THE FLAG STATE OF THE VESSEL) AND INTERNATIONAL TREATIES, WHICH MAY FURTHER LIMIT THE FORCE THEY MAY LAWFULLY USE. ADDITIONAL RELEVANT INFORMATION IS CONTAINED IN THE CONTRACT SECURITY (CS) ACKNOWLEDGMENT SECTION BELOW. CONTRACTOR SHALL IMMEDIATELY REPORT ANY DISCHARGE OF WEAPON(S) OR USE OF FORCE BY CS PERSONNEL TO THE SHIP'S MASTER, CONTRACTING OFFICER, AND THE MSC AREA COMMANDER, AND SHALL COOPERATE WITH AND ENSURE THAT CS PERSONNEL COOPERATE WITH ANY INVESTIGATION OF THE INCIDENT BY MSC, U.S. NAVY, DOD, OR OTHER U.S. GOVERNMENT AGENCY.

5. CONTRACTOR'S FIREARMS LIST & GOVERNMENT APPROVAL.

a. THE CS SHALL BE ARMED WITH FIREARMS AND AMMUNITION FURNISHED TO THE CS BY THE CONTRACTOR OR SUBCONTRACTOR(S), AND DELIVERED TO THE SHIP AND RETRIEVED FROM THE SHIP BY THE CONTRACTOR OR SUBCONTRACTOR(S).

b. THESE FIREARMS SHALL INCLUDE, AT A MINIMUM, ONE SEMI-AUTOMATIC OR FULLY AUTOMATIC RIFLE IN EITHER 5.56 OR 7.62 CALIBER FOR EACH TEAM MEMBER. THE CONTRACTOR SHALL PROVIDE A LIST OF FIREARMS AND AMMUNITION FOR APPROVAL BY THE GOVERNMENT PRIOR TO AWARD. ONLY FIREARMS AND AMMUNITION THAT HAVE BEEN APPROVED BY THE GOVERNMENT MAY BE USED BY THE CS.

c. AT LEAST 96 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL, CONTRACTOR SHALL PROVIDE THE CONTRACTING OFFICER WITH A WRITTEN LIST OF THE NUMBER AND TYPE OF FIREARMS THAT THE CS WILL BE ARMED WITH. INFORMATION SHALL INCLUDE GENERAL DESCRIPTION OF TYPE OF WEAPON (I.E., SEMI-AUTOMATIC RIFLE OR FULLY AUTOMATIC RIFLE), MAKE, MODEL NUMBER, AND CALIBER OF WEAPON. THE GOVERNMENT APPROVES ONLY MILITARY-STYLE FULL METAL JACKET AMMUNITION FOR FIREARMS USED BY THE CS. CONTRACTOR WILL STATE IN ITS FIREARMS LIST THAT "ONLY MILITARY-STYLE FULL METAL JACKET AMMUNITION WILL BE SUPPLIED TO AND USED BY THE CS."

d. AT LEAST 24 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL, THE CONTRACTING OFFICER WILL ADVISE THE CONTRACTOR IN WRITING OF THE FIREARMS THAT HAVE BEEN APPROVED FOR USE ON THE VESSEL.

6. CONTRACT SECURITY (CS) ACKNOWLEDGMENT, SECURITY SCREENING, & GOVERNMENT AUTHORIZATION TO BEAR ARMS.

a. AT LEAST 96 HOURS BEFORE THE SHIP IS SCHEDULED TO SAIL, CONTRACTOR WILL PROVIDE THE CONTRACTING OFFICER WITH THE "CONTRACT SECURITY (CS) ACKNOWLEDGMENT" (DISCUSSED BELOW), AND NECESSARY INFORMATION FOR MSC SECURITY SCREENING, WHICH MUST BE COMPLETED FOR PROSPECTIVE CS PERSONNEL.

b. AT LEAST 24 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL, THE CONTRACTING OFFICER WILL ADVISE THE CONTRACTOR OF THE NAMES OF THOSE CS PERSONNEL WHO ARE AUTHORIZED TO BE ARMED FOR SERVICE ON THE VESSEL. THIS WILL OCCUR AFTER THE CONTRACTING OFFICER HAS RECEIVED A TIMELY COPY OF THE CS ACKNOWLEDGMENT, AND OTHER NECESSARY INFORMATION FROM THE CONTRACTOR (AT LEAST 96 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL) TO PERMIT MSC SECURITY SCREENING, WHICH MUST BE COMPLETED FOR PROSPECTIVE CS PERSONNEL.

7. WRITTEN CONTRACT SECURITY (CS) ACKNOWLEDGMENT OF CONTRACTOR, SUBCONTRACTOR(S), & CS PERSONNEL.

a. CONTRACTOR, THE SUBCONTRACTOR(S) PROVIDING CS SERVICES (IF APPLICABLE), AND ALL CS PERSONNEL WILL SIGN A CS ACKNOWLEDGMENT THAT THE CONTRACTOR WILL PROVIDE TO THE CONTRACTING OFFICER AT LEAST 96 HOURS BEFORE THE VESSEL IS SCHEDULED TO SAIL. THE CONTRACTOR IS RESPONSIBLE FOR THE PROPER SUBMISSION OF THE CS ACKNOWLEDGMENT BY CONTRACTOR, SUBCONTRACTOR(S), AND CS PERSONNEL.

b. THE CS ACKNOWLEDGMENT TO THE CONTRACTING OFFICER WILL STATE THAT:

CONTRACT SECURITY (CS) ACKNOWLEDGMENT

THE UNDERSIGNED CONTRACTOR, CS SUBCONTRACTOR(S) (IF ANY), AND CS PERSONNEL AFFIRM BY THEIR SIGNATURES (ALONG WITH THEIR PRINTED NAMES AND DATES OF SIGNATURE) AT THE BOTTOM OF THIS ACKNOWLEDGMENT, THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS ACKNOWLEDGMENT, HAVE TRUTHFULLY PROVIDED ANY REQUIRED INFORMATION, AND WILL COMPLY WITH ALL REQUIREMENTS CONTAINED IN THIS ACKNOWLEDGMENT.

(1) CS PERSONNEL HAVE BEEN BRIEFED BY THE CONTRACTOR OR CS SUBCONTRACTOR(S) AND UNDERSTAND THEY WILL PROVIDE SECURITY ON THE VESSEL AND DEFEND AGAINST THREATS TO THE VESSEL, ITS CREW, AND DOD MILITARY CARGO ON BOARD. IN PARTICULAR, CS PERSONNEL MUST BE PREPARED TO DEFEND AGAINST PIRATES OR TERRORISTS WHO MAY USE 2 TO 20 SMALL VESSELS, AND SIMULTANEOUSLY ATTACK BOTH SIDES OF THE VESSEL, WHILE ARMED WITH AUTOMATIC WEAPONS AND ROCKET PROPELLED GRENADES. THE CS MUST ALSO BE PREPARED TO DEFEND AGAINST SUICIDE-BOMBER ATTACKS BY PERSONS USING VESSEL-BORNE IMPROVISED EXPLOSIVE DEVICES.

(2) UNLAWFUL OR OTHERWISE IMPROPER USE OF FORCE MAY SUBJECT THE CONTRACTOR, SUBCONTRACTOR(S), AND THEIR EMPLOYEES (INCLUDING CS PERSONNEL) TO CRIMINAL PROSECUTION AND/OR CIVIL LIABILITY UNDER U.S., LOCAL, OR INTERNATIONAL LAW.

(3) CS PERSONNEL HAVE BEEN BRIEFED BY THE CONTRACTOR OR CS SUBCONTRACTOR AND UNDERSTAND LIMITATIONS ON THE USE OF FORCE. IN PARTICULAR:

(a) THE STANDING RULES OF ENGAGEMENT APPLICABLE TO U.S. MILITARY MEMBERS ARE NOT APPLICABLE TO CS PERSONNEL. WHEN USING FORCE, TO INCLUDE DEADLY FORCE, CS PERSONNEL WILL AT A MINIMUM COMPLY WITH THE USE OF FORCE RULES FOUND IN DOD DIRECTIVE 5210.56 (PARTICULARLY ENCLOSURE 2 THERETO), THE WARNING SHOT GUIDANCE IN UNCLASSIFIED PARAGRAPH 4 C OF ENCLOSURE M TO CJCSI 3121.01B OF 13 JUNE 2005, AND THE MOST CURRENT MSC MESSAGE ON THE RULES FOR THE USE OF FORCE BY MSC MARINERS, CURRENTLY ALMSC MESSAGE 018/12 OF 261809Z SEP 2012. THE CONTRACTOR SHALL REQUEST COPIES OF THIS GUIDANCE FROM THE CONTRACTING OFFICER IF THE CONTRACTOR DOES NOT HAVE IT;

(b) THE CONTRACTOR, ANY SUBCONTRACTOR(S) PROVIDING CS SERVICES, AND CS PERSONNEL ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS (TO INCLUDE THE LAW OF THE FLAG STATE OF THE VESSEL) AND INTERNATIONAL TREATIES, THAT MAY FURTHER LIMIT THE FORCE THEY MAY LAWFULLY USE; AND

(c) CS PERSONNEL MAY USE DEADLY FORCE FOR THE DEFENSE OF PERSONS OTHER THAN THEMSELVES, THE VESSEL'S CREW, OR U.S. DOD PERSONNEL IN THE VICINITY, ONLY WHEN THIS IS DIRECTLY RELATED TO THE ASSIGNED MISSION OF PROVIDING SECURITY FOR THE VESSEL, ITS CREW, AND DOD CARGO ON BOARD, BUT THE CS SHALL NEVERTHELESS COMPLY WITH LOCAL LAW (TO INCLUDE THE LAW OF THE FLAG STATE OF THE VESSEL) AND INTERNATIONAL LAW, IF THEY PROHIBIT USE OF FORCE FOR THIS PURPOSE.

(4) CS PERSONNEL WILL ONLY USE U.S. GOVERNMENT-APPROVED FIREARMS AND AMMUNITION. THESE GOVERNMENT-APPROVED FIREARMS AND AMMUNITION, AS WELL AS ANY BODY ARMOR, TACTICAL COMMUNICATIONS SYSTEMS, OR PROTECTIVE EQUIPMENT, WILL BE FURNISHED TO THE CS BY THE CONTACTOR OR CS SUBCONTRACTOR(S), WHO ARE RESPONSIBLE FOR DELIVERY TO AND RETRIEVAL FROM THE VESSEL OF THESE ITEMS. THE CONTRACTING OFFICER WILL PROVIDE NOTICE OF THE GOVERNMENT'S APPROVAL OF PARTICULAR WEAPONS TO THE CONTRACTOR. ONLY MILITARY-STYLE FULL METAL JACKET AMMUNITION IS APPROVED BY THE GOVERNMENT FOR USE IN CS FIREARMS.

(5) CONTRACTOR AND SUBCONTRACTOR(S) ACKNOWLEDGE THAT THE BACKGROUND AND QUALIFICATIONS OF CS PERSONNEL HAVE BEEN INVESTIGATED AND THESE PERSONNEL ARE NOT PROHIBITED UNDER U.S. LAW TO POSSESS FIREARMS.

(6) CS PERSONNEL HAVE PROPERLY FILLED OUT AND SIGNED DD FORM 2760 (QUALIFICATION TO POSSESS FIREARMS OR AMMUNITION) and MSC SUPPLEMENT TO DD FORM 2760. CONTRACTOR SHALL PROVIDE COPIES OF THESE COMPLETED FORMS TO THE CONTRACTING OFFICER WITH THE CS ACKNOWLEDGMENT.

(7) CS PERSONNEL SHALL EACH CARRY A COPY OF THE CONTRACTING OFFICER'S WRITTEN COMMUNICATION THAT AUTHORIZES THEM TO BE ARMED WITH GOVERNMENT-APPROVED FIREARMS FOR SERVICE ON THE CS.

(8) AUTHORIZATION FOR CS PERSONNEL TO USE FIREARMS MAY BE REVOKED FOR NON-COMPLIANCE WITH ESTABLISHED RULES FOR THE USE OF FORCE.

(9) CS PERSONNEL ARE CURRENTLY QUALIFIED TO USE THE SPECIFIED CONTRACTOR/SUBCONTRACTOR-FURNISHED AND GOVERNMENT-APPROVED FIREARMS AND WILL NOT BE ISSUED ANY WEAPONS THAT THEY HAVE NOT QUALIFIED WITH (THE DATE AND TYPES OF OFFICIAL MILITARY OR POLICE FIREARMS QUALIFICATION STANDARDS THAT INDIVIDUAL CS PERSONNEL ARE IN COMPLIANCE WITH ARE SET FORTH BELOW UNDER EACH OF THEIR PRINTED NAMES).

2. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

SIGNED: LORRIE LEEDY, CONTRACTING OFFICER, N103B