N4034518Q0033_N4034518Q0033_PWS.pdf

PERFORMANCE WORK STATEMENT

MISSION SUPPORT SERVICES FOR

DEFENSE POW/MIA ACCOUNTING AGENCY

IN LAO PEOPLE’S DEMOCRATIC REPUBLIC

1. INTRODUCTION

This is a performance-based, Firm-Fixed-Price (FFP) Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract for supplies and services to be provided in support of Defense POW/MIA Accounting Agency (DPAA) mission in the Lao People’s Democratic Republic (Lao PDR). DPAA’s mission is to locate, confirm, and recover human remains at aircraft crash and burial sites associated with American service members missing from previous conflicts. All supplies and services required shall be ordered via individual task orders.

2. BACKGROUND

DPAA currently conducts five (5) missions per year in Lao PDR to achieve the fullest possible accounting of Americans missing as a result of previous conflicts. Three (3) missions last up to 35 days and two (2) other missions last up to 45 days. Additional missions may be added due to operational requirements with each mission being in duration up to 45 days. The various mission sites are located throughout Lao PDR. DPAA may require the supplies and services described herein to support these efforts.

3. SCOPE

The scope of this contract is for the Contractor to furnish all labor, supplies, equipment, transportation, supervision, any insurance, taxes, duties, fees, bank transaction fees, and all other services and costs necessary to provide mission support services for delivery of the supplies and tasks described in Paragraph 8.

4. PERIOD OF PERFORMANCE

The base year is from 01 December 2018 through 30 November 2019. There are two (2) option years and an option to extend for six (6) months in accordance with FAR 52.217-8.

5. HOURS OF OPERATION

Work hours are from 0800 to 1700 daily. However, the DPAA representative and the contractor may come to an agreement to allow the contractor to work different hours depending on the operational necessities of the tasks described in Paragraph 8.

6. PLACE OF PERFORMANCE

The place of performance will be at various locations within Lao PDR. Exact locations will be identified on individual task orders. Historically, operations are conducted from Savannakhet, Pakse, Vientiane, Luang Prabang, and all Lao PDR-Thailand International border crossing.

7. SECURITY

The contractor shall not disclose the nature or location of the DPAA investigative, recovery or logistics mission to anyone who does not have a need to know. Need to know means they may be given knowledge of the mission for reasons such as for approvals, access, reservations or employment. All media requests must be deferred to the Ministry of Foreign Affairs of the Government of Lao PDR. The contractor will comply with Paragraph 7, Heightened Vigilance, of the General Information Section.

8. TASKS

The work under this contract will be ordered by the issuance of task orders. The following describes the services and supplies which may be ordered.

8.1 ITEM X001 Vehicle Rental: 4x4 all-wheel drive off-road capable truck cargo, 8 ton, hard covered, lockable doors, side opened, with driver. Vehicles must be less than fifteen (15) years old from the effective date of each task order. Driver must have a valid driver’s license and have experience driving in rough terrain/unpaved roads, which may include river crossings. Inclusive of all operating expenses to include fuel, maintenance and any road or ferry boat fees for a one-way trip from Savannakhet, Pakse, Vientiane, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand to a base camp or one-way from a base camp to Savannakhet, Pakse, Vientiane, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand. The Government shall order one (1) of the following ITEMs based on the total one-way distance of the trip:

8.1.1 ITEM X001AA: Road distances up to 100 Kilometers per vehicle per trip (one-way) on rough terrain (to include crossing rivers) and/or unpaved roads

8.1.2 ITEM X001AB: Road distances up to 300 Kilometers per vehicle per trip (one-way)

8.1.3 ITEM X001AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.1.4 ITEM X001AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.1.5 ITEM X001AE: Road distances between 701 to 1,000 Kilometers per vehicle per trip (one-way)

8.1.6 ITEM X001AF: Road distances more than 1,000 Kilometers per vehicle per trip (one-way)

8.2 ITEM X002 Vehicle Rental: Off-road capable truck cargo, 10 ton, hard covered, lockable doors, side opened, with driver. Vehicles must be less than fifteen (15) years old from the effective date of each task order.

Driver must have a valid driver’s license, and have experience driving in rough terrain/rough/unpaved roads.

Inclusive of all operating expenses to include fuel, maintenance and any road or ferry boat fees for one-way trip from Savannakhet, Pakse, Vientiane, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand to a base camp or one-way from a base camp to Savannakhet, Pakse, Vientiane, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand. Based on the total one-way distance of the trip, the Government shall order one (1) of the following ITEMs:

8.2.1 ITEM X002AA: Road distances up to 100 Kilometers per vehicle per trip (one-way) on rough

8.2.2 ITEM X002AB: Road distances up to 300 Kilometers per vehicle per trip (one-way)

8.2.3 ITEM X002AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.2.4 ITEM X002AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.2.5 ITEM X002AE: Road distances between 701 to 1,000 Kilometers per vehicle per trip (one-way)

8.2.6 ITEM X002AF: Road distances more than 1,000 Kilometers per vehicle per trip (one-way)

8.3 ITEM X003 Vehicle Rental: Off-road capable truck cargo, 12 ton, hard covered, lockable doors, side opened, with driver. Vehicles must be less than fifteen (15) years old from the effective date of each task order.

Driver must have a valid driver’s license, and experience driving in rough terrain/rough/unpaved roads.

Inclusive of all operating expenses to include fuel, maintenance and any road or ferry boat fees for one one-way trip from Savannakhet, Pakse, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand to a base camp or one-way from a base camp to Savannakhet, Pakse, Vientiane, Thakhek, Luang Prabang or any place where international crossing is available between Lao PDR and Thailand.

Based on the total one-way distance of the trip, the Government shall order one (1) of the following ITEMs:

8.3.1 ITEM X003AA: Road distances up to 100 Kilometers per vehicle per trip (one-way) on rough

8.3.2 ITEM X003AB: Road distances up to 300 Kilometers per vehicle per trip (one-way)

8.3.3 ITEM X003AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.3.4 ITEM X003AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.3.5 ITEM X003AE: Road distances between 701 to 1,000 Kilometers per vehicle per trip (one-way)

8.3.6 ITEM X003AF: Road distances more than 1,000 Kilometers per vehicle per trip (one-way)

8.4 ITEM X004 Vehicle Rental: All-wheel off road capable Passenger/Cargo truck, 6 ton or larger, hard covered, lockable doors, hand-hold for each passenger, including sides and front to protect from rain for passengers in the vehicle during travel and with a driver. Vehicles must be less than ten (10) years old from the effective date of each task order. Vehicle shall also be equipped with seating for up to 25-passengers (not including driver). Seating for passengers must be cushioned seats with back rests. Inclusive of all operating expenses to include fuel, maintenance and any road or ferry boat fees. Driver must have a valid driver’s license, and have experience driving in rough terrain/unpaved roads and/or cross rivers. Contractor to provide all food and shelter for their employees at base camp. Daily trips shall be from the base camp site to a helicopter landing site, to another base camp site or excavation site and return (up to 40km). The vehicle is for the transportation of team members and/or cargo. Vehicle delivery distance could be up to 1,000 km one-way depending on the base camp site. The Government shall order one (1) of the following ITEMs:

8.4.1 ITEM X004AA: Passenger/Cargo truck, 6 ton or larger operate on pave road or unpaved road for 35 day mission

8.4.2 ITEM X004AB: Passenger/Cargo truck, 6 ton or larger operate on pave road or unpaved road for 45 day mission

8.4.3 ITEM X004AC: Passenger/Cargo truck, 6 ton or larger, all-wheel drive, operate on paved road/ unpaved road/rough terrain/off road for 35 day mission

8.4.4 ITEM X004AD: Passenger/Cargo truck, 6 ton or larger, all-wheel drive, operate on paved road/ unpaved road/rough terrain/off road for 45 day mission

8.5 ITEM X005 Vehicle Rental: Backhoe with driver. Inclusive of all expenses to include fuel, maintenance, transportation and any road or ferry boat fees. Size approximately 92” loader and 24” bucket.

Backhoe to be delivered for use at the mission site for up to 45 days. Backhoe delivery distance could be up to 1,000km one way; depending on the location of the base camp site.

8.6 ITEM X006 Fork Lift Rental: Fork lift, 5 ton or larger, include maintenance and fuel. Operate at Pakse warehouse, Pakse, Savannakhet and Luang Prabang Airports. Vehicles must be less than seven (7) years old from the effective date of each task order. The 5 ton or larger fork lift, minimum capacity to lift 5000 kgs or larger of a 463L U.S. Air Force pallet between 700-1000meters, Load center: 600mm, Lift height: 3000mm, Fork size: L*M*T: 1220*150*65mm, Mast Tilt Angle F/R :6˚/12˚ Deg : The Government shall order two (2) of the following ITEMs:

8.6.1 ITEM X006AA: Fork Lift Rental: 5 ton or larger, include maintenance and fuel to operate at Pakse Warehouse, Pakse, Savannakhet and Luang Prabang Airports.

8.6.2 ITEM X006AB : Transportation/Trailer Rental: Road distances up to 300 Kilometers, Round trip

8.6.3 ITEM X006AC: Transportation/Trailer Rental: Road distances between 301 to 500 Kilometers, Round trip

8.6.4 ITEM X006AD: Transportation/Trailer Rental: Road distances between 501 to 700 Kilometers, Round trip

8.6.5 ITEM X006AE: Transportation/Trailer Rental: Road distances between 701 to 1000 Kilometers, Round trip

8.6.6 ITEM X006AF: Transportation/Trailer Rental: Road distances between 1001 to 2,000 Kilometers, Round trip

8.7 ITEM X007 Vehicle Rental: Water tank truck, 5000 liters or larger, with driver and fuel. Driver must have a driver’s license and be capable or have experience driving in rough terrain/unpaved/off-road or crossing rivers. Inclusive of all expenses to include fuel, maintenance, any road or ferry boat fees. All wheel drive, water tank truck with minimum pump capacity of 1,325 liters per minute or 350 gallons per minute from a water source nearby including river. All machines in specific task order are to be delivered for use at the mission site for up to 45 days. Equipment delivery distance could be up to 1,000 km one-way depending on the base camp site. The Government may order up to three (3) of the following ITEMs:

8.7.1 ITEM X007AA: Water truck. All wheel drive, water tank capable contain minimum 5,000 liters or larger and with driver, rough terrain. Standby day.

8.7.2 ITEM X007AB: Water truck. All wheel drive, water tank capable contain minimum

5,000 liters or larger and with driver, rough terrain. On working day

8.7.3 ITEM X007AC: Water truck. All wheel drive, water tank capable contain minimum 5,000 liters or larger and with driver, pave or unpaved road. Standby day.

8.7.4 ITEM X007AD : Water truck. All wheel drive, water tank capable contain minimum 5,000 liters or larger and with driver, pave or unpaved road. On working day

8.7.5 ITEM X007AE: Transportation. For road distances up to 300 Kilometers, Round trip

8.7.6 ITEM X007AF: Transportation. For road distances up to 301 to 500 Kilometers, Round trip

8.7.7 ITEM X007AG: Transportation. For road distances between 501 to 700 Kilometers, Round trip

8.7.8 ITEM X007AH: Transportation. For road distances between 701 to 1000 Kilometers, Round trip

8.7.9 ITEM X007AI: Transportation. For road distances between 1001 to 2,000 Kilometers, Round trip

8.8 ITEM X008 Base camp support, Warehouse support and Airfield Operations: The Government shall order one (1) of the following ITEMs:

8.8.1 ITEM X008AA: Provide labor for the setup, breakdown, and daily operations of the base camp.

Daily operations include refueling equipment; changing propane tanks; placing property in weather protected and secured room(s) and be available when Government personnel need to remove supplies for issue. At least one (1) person shall be able to speak English proficient enough to interpret at the base camp and accompany paying agents when they purchase from local vendors. Contractor shall provide all food and shelter for their employees at the base camp.

8.8.2 ITEM X008AB: Provide labor at Warehouse, Airfield operations. Offload and/or upload up to 14,000 kilograms from/to U.S. military or U.S. contracted air carrier. Transfer property from aircraft to vehicles for onward movement. Breakdown and buildup of pallets as required. Property shall normally be on (but not always limited to) U.S. military 463L pallets which are approximately 224 centimeters long and up 275 centimeters high. Each pallet weight shall not exceed 3,000 kilograms. Occasionally, property may be floor loaded and directly secured to the floor of the aircraft. Material handling equipment must be of sufficient capacity, with extended prongs to safely move the 463L pallets. In the event the U.S. military or U.S. contracted air carrier has technical problems, the movement of cargo, equipment and supplies has to be conducted by ground transportation at the Lao PDR-Thailand International border crossing.

8.9 ITEM X009 Mission site support: Provide Supervisor/Assistant for oversight at mission site during setup, maintenance and breakdown of tents and awnings, loading and unloading supplies, issuing bottled water, block ice, fuel, and changing propane tanks and other similar services. Maintenance of generators, water pumps, chainsaws, weed eaters, and repair dry and wet screens during mission. Supervisor must have knowledge in electrical, plumbing and repair services. Contractor shall provide all food and shelter for their employees at mission site. The Government shall order one (1) of the following ITEMs:

8.9.1 ITEM X009AA: Support, Base Camp, Supervisor for oversight at mission site and daily operation

8.9.2 ITEM X009AB: Support, Base Camp, Assistant Supervisor for oversight at mission site and daily operation

8.10 ITEM X010 Drinking Water: Drinking water shall be delivered to the Base Camp as specified in the task order (including transportation). The contractor shall procure all drinking water from a U.S. DoD approved water source in Lao PDR or from a neighboring country (inclusive of handling fees and shipping costs). To see all U.S. DoD approved water sources, please go to: https://vets.amedd.army.mil/86257B8D004A4B6C/Pacific The Government shall order one (1) of the following ITEMs:

8.10.1 ITEM X010AA: 0.6 liter bottle. Twenty-four bottles per case

8.10.2 ITEM X010AB: 1.5 liter bottle. Twelve bottles per case

8.10.3 ITEM X010AC: 20 liter container.

https://vets.amedd.army.mil/86257B8D004A4B6C/Pacific

8.11 ITEM X011 Propane: Provide propane in contractor provided 15 Kg cylinders. To be delivered to the base camp as specified in the task order.

8.12 ITEM X012 Fuel: Diesel Type 2 (normally used by vehicles) and Regular unleaded (Minimum of 85 octane.) Fuel shall be in fifty-five gallon cleaned plastic or metal containers. All containers shall be free of debris. Contractor shall not use the container previously used with any agent other than same type of fuel.

Contractor shall provide filters to ensure clean fuel is being transferred. In the event of any equipment breakdown due to dirty fuel, contractor shall be liable for the cost of repair or replacement, and/or the Government may also reduce the contract price to reflect the nonconforming supplies/services performed. Fuel shall be delivered to the base camp as specified in the task order. The Government will provide the mechanical pumps to transfer fuel from drums to its usage point. The Government shall order one (1) of the following ITEMs:

8.12.1 ITEM X012AA: Fuel Regular, unleaded. Minimum of 85 octane.

8.12.2 ITEM X012AB: Diesel Type 2D, normally used by vehicles.

8.13 ITEM X013 Block of Ice: Contractor shall deliver block(s) of ice as requested. Ice will not be used for human consumption; only for medical purposes and food storage. Ice does not need to be procured from a U.S.

DoD approved water source. Delivery schedule and quantity to be delivered in each delivery will be specified as part of the task order. Ice shall be delivered to the base camp (including transportation). The Government shall order one (1) of the following ITEMs:

8.13.1 ITEM X013AA: Ice, 20Kg block

8.13.2 ITEM X013AB: Ice, 100Kg block

8.13.3 ITEM X013AC: Ice Cubes, 1Kg

8.14 ITEM X014 Plywood: Waterproof ¾”. Size: 244.5cm x 122.5cm. Specific quantity will vary each Task Order. Plywood shall be delivered to the base camp as specified in the task order.

8.15 ITEM X015 Flat bottom boat: Provide one (1) flat bottom motorized boat, enough to accommodate ten

(10) personnel (excluding boat crew) and survey gear (not to exceed 30 kg). Inclusive of all expenses to include boat crew, transportation, life jackets, fuel, maintenance and any boat fees. Boat crew must be licensed, capable of maneuvering up and down the river, and have the experience in fixing/repairing the boat.

8.15.1 ITEM X015AA: Daily support for 1-15 days

8.15.2 ITEM X015AB: Daily support for 35-40 days

8.15.3 ITEM X015AC: Daily support for 45-50 days

8.16 ITEM X016 Vehicle Rental: One (1) Bus for 45 passengers, air conditioned with driver. Travel within Lao PDR. Vehicle must be less than ten (10) years old from the effective date of each task order. Seating for passengers must be cushioned seats with back rests. Inclusive of all operating expenses to include vehicle insurance, fuel, maintenance and any road or ferry boat fees. Driver must have a valid driver’s license, and have experience driving on unpaved roads. Trips shall include traveling within the Lao PDR to transport passengers. The vehicle must have cargo area under the bus to fit one (1) camping bag pack for each passenger.

Vehicle delivery distance could be up to 1,000 km one-way depending on the requirement. The Government

8.16.1 ITEM X016AA: Road distances up to 10 Kilometers per vehicle per trip (one-way)

8.16.2 ITEM X016AB: Road distances between 10 to 300 Kilometers per vehicle per trip (one-way)

8.16.3 ITEM X016AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.16.4 ITEM X016AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.17 ITEM X017 Vehicle Rental: One (1) International Bus for 45 passengers, air conditioned with driver. Travel outside of Lao PDR. Vehicle must be less than ten (10) years old from the effective date of each task order. Seating for passengers must be cushioned seats with back rests. Inclusive of all operating expenses to include vehicle insurance, fuel, maintenance and any road, bridge or ferry boat fees. Driver must have a valid driver’s license for both Lao PDR and Thailand, and have experience driving on unpaved roads. Trips shall include traveling from Lao PDR to Thailand via any friendship bridge connected to Thailand to transport team members. The vehicle must have cargo area under the bus to fit one camping bag pack for each passenger.

Vehicle delivery distance could be up to 1,000 km one-way depending on the requirement. The Government

8.17.1 ITEM X017AA: Road distances up to 100 Kilometers per vehicle per trip (one-way)

8.17.2 ITEM X017AB: Road distances between 101 to 300 Kilometers per vehicle per trip (one-way)

8.17.3 ITEM X017AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.17.4 ITEM X017AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.17.5 ITEM X017AE: Road distances between 701 to 1,000 Kilometers per vehicle per trip (one-way)

8.17.6 ITEM X017AF: Road distances more than 1,000 Kilometers per vehicle per trip (one-way)

8.18 ITEM X018 Vehicle Rental: Provide one (1) Van for 15 passengers, air conditioned with driver.

Travel within Lao PDR. Vehicle must be less than ten (10) years old from the effective date of each task order.

Seating for passengers must be cushioned seats with back rests. Inclusive of all operating expenses to include vehicle insurance, fuel, maintenance and any road or ferry boat fees. Driver must have a valid driver’s license and have experience driving on unpaved roads. Trips shall include traveling within the Lao PDR to transport passengers. Vehicle delivery distance could be up to 1,000 km one-way depending on the requirement. The Government shall order one (1) of the following ITEMs:

8.18.1 ITEM X018AA: Road distances up to 10 Kilometers per vehicle per trip (one-way)

8.18.2 ITEM X018AB: Road distances between 10 to 300 Kilometers per vehicle per trip (one-way)

8.18.3 ITEM X018AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.18.4 ITEM X018AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.19 ITEM X019 Vehicle Rental: Provide one (1) International Van for 15 passengers, air conditioned with driver. Travel outside of Lao PDR. Vehicle must be less than ten (10) years old from the effective date of each task order. Seating for passengers must be cushioned seats with back rests. Inclusive of all operating expenses to include vehicle insurance, fuel, maintenance and any road bridge or ferry boat fees. Driver must have a valid driver’s license for both Lao PDR and Thailand, and have experience driving on unpaved roads. Trips shall include traveling from Lao PDR to Thailand via any friendship bridge connected to Thailand to transport team members. The vehicle must have cargo area in the van to fit one camping bag pack for each passenger. Vehicle delivery distance could be up to 1,000 km one-way depending on the requirement. The Government shall order one (1) of the following ITEMs:

8.19.1 ITEM X019AA: Road distances up to 100 Kilometers per vehicle per trip (one-way)

8.19.2 ITEM X019AB: Road distances between 101 to 300 Kilometers per vehicle per trip (one-way)

8.19.3 ITEM X019AC: Road distances between 301 to 500 Kilometers per vehicle per trip (one-way)

8.19.4 ITEM X019AD: Road distances between 501 to 700 Kilometers per vehicle per trip (one-way)

8.19.5 ITEM X019AE: Road distances between 701 to 1,000 Kilometers per vehicle per trip (one-way)

8.19.6 ITEM X019AF: Road distances more than 1,000 Kilometers per vehicle per trip (one-way)

8.20 ITEM X020 Other Direct Costs (ODC)

8.20.1 In the event that additional or specialized equipment, services and/or supplies are required, the Government will reimburse the Contractor only for the actual price paid for such equipment, supplies and services that are expressly identified as an Other Direct Cost (ODC) under the task order issued.

Task orders that anticipate the need for ODC's will include an ODC ITEM. Examples of services may include transportation services; Support Services may include procurement of supplies, services to clear sites, or any service which is not listed in the contract.

8.20.2 "Actual price" paid by the Contractor for such equipment, supplies and services includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. "Actual price" does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the

Contractor's purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including, but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor's purchase or provision of such supplies and services.

8.20.3 To be eligible to receive reimbursement for equipment, services and supplies identified in a task order as an ODC and obtained in support of this contract, the Contractor must obtain at least three quotes (3) for each transaction to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so.

8.20.4 The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the "Disputes" clause of the contract. It shall be the Contractor's burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

8.20.5 When the Contractor expects total funding expended for ODCs to reach 85 percent of the total funds available on each ODC ITEM, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each ODC ITEM at the time a reimbursable item is ordered.

8.20.6 The Government is not obligated to reimburse the Contractor for ODCs in excess of the funded amount stated in the Schedule under each Reimbursable ITEM.

8.20.7 The Contractor is not obligated to continue performance of any ODC work under this Contract that otherwise incurs costs for ODCs in excess of the funded amount stated in the Schedule under each ODC ITEM unless the Contracting Officer notifies the contractor that the funded amount stated in the Schedule under the applicable ODC ITEM has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

8.20.8 No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government's obligation to reimburse the Contractor.

8.20.9 Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the ODC ITEM unless they contain a statement expressly increasing the funded amount of the ODC ITEM by a sufficient amount to cover the change order.

9. SPECIAL PROVISIONS

9.1 Inspection/Acceptance

Pursuant to FAR 52.212-4(a), Inspection/Acceptance will be fully enforced. Inspection, acceptance, and rejection will be based upon compliance with the contract’s Performance Work Statement (PWS) requirements.

The Government reserves the right to conduct any inspection and tests necessary to assure that the services provided conform to all aspects of the PWS and the contract requirements. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may terminate the contract in accordance with FAR 52.212-4(m), Termination for Cause.

9.2 Breathalyze (Alcohol Testing)

Driver(s) is required to stop alcohol consumption at least eight (8) hours before each work day. The Contractor is required to breathalyze the driver(s) before the work day starts. Results will be recorded in a log and provided to the mission commander on a daily basis. Breathalyzers will be provided by the Government and the Contractor is responsible to administer the tests.

No driver(s) may report for duty or remain on duty under this contract with an alcohol concentration greater than 0.002%. All alcohol testing will be conducted by Contractor’s personnel using an Alcohol Screening Device (ASD) or Evidential Breath Testing (EBT) device provided by DPAA Detachment Lao PDR. Training to operate ASD or EBT will be provided by DPAA Detachment Lao PDR. The Contractor’s personnel must be able to read English. All drivers are required to submit to an alcohol test under this contract and if found to have an alcohol concentration above 0.002%, will be disqualified from performing under this contract.

9.3 Lao PDR licensing requirements to operate in-country

Contractor must possess a Business License registered with Lao PDR Government in Logistics and/or Transportation.

9.4 Registration of foreign workers.

Contractor is required to disclose all subcontractors and employees one week after the Ordering Officer issues a task order. Any foreign workers who operate within the Lao PDR must possess a valid form of ALL the following documentation, or they will not be permitted to be employed for any services rendered for this contract.

9.4.1 Work VISA Type LAB2

9.4.2 Labor card registered with the Lao PDR Ministry of Labor and Social Welfare

9.4.3 Work permit registered with The Department of Immigration Of Lao PDR

10. NON PERSONAL SERVICE STATEMENT

Contractor employees performing services under this contract will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the work. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor.

The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. PERFORMANCE REQUIREMENT SUMMARY

TASK PERFORMANCE

STANDARD AND

AQL

QUALITY

ASSURANCE

METHOD

INCENTIVES

Sections 8.1 thru 8.7,

8.15 thru 8.19.

Sufficient vehicles and equipment available to support the mission of

DPAA.

Necessary vehicles and equipment are fully functional and available for use on the scheduled day of services. No degradation of mission due to unavailability of vehicles or equipment.

100% of the time.

Periodic inspection by the COR and inputs from DPAA representatives and customer feedback.

Substantial factor in whether to exercise any options and factor in determining performance rating.

Sections 8.8 thru 8.14.

Contractor procured supplies/services are of the quality and type requested and has timely delivery.

Customer satisfaction.

No mission degradation due to incorrect, or late receipt of material.

100% of the time.

Periodic inspection by the COR and inputs from DPAA representatives and customer feedback.

Substantial factor in whether to exercise any options and factor in determining performance rating.

12. Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

12.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the services via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/

12.2 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/ http://www.ecmra.mil/ http://www.ecmra.mil/