N62645-18-R-0039.docx

N62645-18-R-0039 Combined Synopsis/Solicitation for Certified Athletic Trainer Services Single Award Task Order Contract

COMBINED SYNOPSIS SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR 16.504 Indefinite-Quantity Contracts, as supplemented with additional information included in this notice, and FAR 15, Contracting by Negotiation. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at http://farsite.hill.af.mil/

The NAICS code is 621340, with a business size standard of $7.5 million.

This Request for Proposal (RFP) is on behalf of the Naval Medical Logistics Command (NMLC). This requirement is for Certified Athletic Trainer services to support service members of the Marine Corps Operating Forces (OPFOR) and Entry Level Training (ELT) locations in support of the Sports Medicine and Injury Prevention (SMIP) Program at various locations within the contiguous United States (CONUS) and outside the contiguous United States (OCONUS).

The solicitation number is N62645-18-R-0039.

This solicitation will result in one firm fixed price, indefinite delivery/indefinite quantity (IDIQ) price contract with a four year ordering period from 30 September 2018 – 29 September 2022. This requirement will be solicited under full and open competition.

The scope of the requirement is listed in the Performance Work Statement.

The closing date of the solicitation can be found in ADDENDUM TO 52.212-1-- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.

Section SF 1449 - CONTINUATION SHEET

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

29-SEP-2022

SEE DO/TO

SEE DELIVERY/TASK ORDERS

FOR SHIP TO/ PAYMENT INSTRUCTIONS

SEE DO/TO MD

SEE ORDER

FOB: Destination N62645

29-SEP-2022

N62645

29-SEP-2022

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29-SEP-2022

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29-SEP-2022

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29-SEP-2022

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Exhibit/Attachment Table of Contents

PAGES

PERFORMANCE

1. PERIOD OF PERFORMANCE

Periods of Performance shall be detailed in individual Task Orders written under the contract awarded as a result of this solicitation.

The contracts awarded as a result of this solicitation will have an ordering period starting 30 September 2018. The Contracting Officer reserves the right to adjust the start date of service based on the actual award date. No single Task Order shall exceed 12 months in duration, unless options are exercised. The contract ordering period shall not exceed 48 months.

2. PLACE OF PERFORMANCE

Places of performance shall be detailed in individual Task Orders written under the contract awarded as a result of this solicitation.

SPECIAL CONTRACT REQUIREMENTS

TASK ORDER CONTRACT.

The Government intends this solicitation to result in award of single award task order (SATO), indefinite delivery indefinite quantity (ID/IQ), contract. Services will be procured via the award of Task Orders issued against the basic contract. Task Orders will be awarded on a firm fixed price basis. Task Orders will be issued via a SF Form 1449 signed by the Contracting Officer and will be transmitted electronically via e-mail.

The resultant contract shall be performed in accordance with detailed obligations to which the contractor committed itself to in its proposal dated (To be filled in at contract award) in response to NMLC Combined Synopsis/Solicitation N62645-18-R-0039.

The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their Business proposal to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the Business and Technical proposals shall not be made under the resultant contract without prior written consent of the Contracting Officer.

The Contractor shall furnish qualified workers in accordance with the Performance Work Statement, individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted workers shall be filled in response to Task Orders issued by the Government against the contract.

The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command Acquisition Management and Analytics Directorate, Code 05 693 Neiman Street Fort Detrick, MD 21702

Each Task Order will contain at a minimum the following information:

1. The date of order

1. Contract number and order number

1. Description of services (position qualifications, place of performance, hours of operation, and quantity required)

1. The unit price

1. The period of performance

1. Option periods may be included as appropriate.

1. Accounting and appropriation data

1. Payment office address

1. Invoicing and acceptance instructions

1. Name of the Contracting Officer’s Representative (COR)

1. Any other pertinent data

Location of services.

In the event that performance is required at a particular location other than those listed in Attachment 6, Potential Work Locations, the Task Order will prescribe the associated region for pricing purposes.

Maximum Quantities. All available quantities for this contract are given in Contract Line Item Numbers (CLINs) 0001, 0002, 0003, and 0004 of the contract. The maximum quantities for CLINs 0005 (Travel) and 0006 (Relocation) are undefined.

The estimated ordering period is for 48 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

Pricing for task orders shall include all overage and holiday pay.

Ceiling Rates. The Ceiling Rates for each region (Western U.S., Southeastern U.S., Hawaii, and Japan) proposed by the successful offeror will be incorporated into the contract. Ceiling Unit Prices are the maximum monthly rate the government will pay to the contractor for any 1 Full Time Equivalent worker (FTE) level of effort. The historical the level of effort for one Full Time Equivalent worker (FTE) is 1920 hours per year. Each contract worker may be required to work an additional 80 hours per year and up to 2 federal holidays. The contractor shall not bill the government a higher unit price than the corresponding ceiling unit price for any 1 FTE level of effort. Ceiling Rates will be evaluated with consideration to Reasonableness. The offerors’ proposed ceiling rates will be examined to determine the degree to which the proposed rates compare to the rates a reasonable prudent person would expect to incur for the same or similar services. An offeror shall not receive award of the SATO contract if all ceiling rates are not determined to be fair and reasonable.

AWARD OF INITIAL REQUIREMENTS / MINIMUM GUARANTEE

Initial requirements will be awarded under task orders after the basic contract has been awarded. Only the offeror that is selected for a SATO IDIQ contract award will be awarded the initial requirements (Minimum Guarantee). Initial requirements represent all known requirements at the time the combined Synopsis/Solicitation is released. Initial requirements are outlined in the Performance Work Statement and the electronic pricing workbook. The Government reserves the right to adjust the initial requirements based on need and/or available funding.

The Pricing volume submitted in response to solicitation N62645-18-R-0039 will be evaluated with consideration to Reasonableness. The offeror’s proposed prices for initial requirements will be examined to determine the degree to which the proposed prices compare to the prices a reasonable prudent person would expect to incur for the same or similar services. An offeror shall not receive award of the SATO contract if all prices for initial requirements are not determined to be fair and reasonable.

TASK ORDER PROCEDURES FOR SUBSEQUENT TASK ORDER AWARDS

After award of initial task orders, all additional requirements will be issued under the procedures set forth in this Section.

When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score offers, post notice on the Federal Business Opportunities (FedBizOpps) web site or hold discussions or negotiations with the contractor. Even though the Contracting Officer is not required to comply with the competition rules in Part 6 of the Federal Acquisition Regulation and is not required to conduct discussions before issuing an order, there will be an internal record of a fair and reasonableness determination for each Task Order.

Task Order Proposal Request (TOPR).

The Contracting Officer will issue a written Task Order Proposal Request (TOPR) to the contractor.

The TOPR will include as a minimum the following information:

· The due date for proposal submission (generally between 7 and 14 days following the date of the TOPR).

· A description of the services, including minimum qualification requirements and specific factors.

· The place of performance.

· The period of performance including the quantity required.

· Option periods may be included as appropriate.

· Any additional instructions for proposal submission not contained in this section.

· Any other information deemed appropriate by the Contracting Officer.

Proposal Submission.

If the contractor is unable to submit a proposal, they must notify the Contracting Officer in writing as soon as practicable. A written statement as to why the contractor is unable to submit a proposal is required. Failure to submit a Task Order proposal without sufficient justification may be considered as negative Past Performance information which may jeopardize the award of future Task Orders.

Proposal Evaluation.

The Contracting Officer has broad discretion in determining if the contractor shall receive a Task Order. Every proposal will be evaluated for price reasonableness.

Reasonableness. The degree to which the proposed prices (base period and any option periods) compare to the prices a reasonably prudent person would expect to incur for the same or similar services. No requirement shall be awarded unless the contractor has determined that the contractor’s proposed price(s) is considered reasonable.

Task Order Award.

Upon completion of the evaluation of a Task Order Proposal, the Contracting Officer will issue a Task Order to the contractor.

In the event issues pertaining to a proposed Task Order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw or cancel the proposed Task Order. In such event, the contractor will be notified, via letter or email, of the Contracting Officer's decision and this decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

Commencement of Performance.

Upon award, a Task Order will be transmitted to the contractor on an SF Form 1449. After execution of the Task Order by the Contracting Officer, approved workers will generally be required to begin performance between 30 and 60 days. Urgent requirements may require expedited processing and a shortened performance start up period. Conversely, some difficult to fill positions may require a longer performance start up period. If a candidate(s) is not available to begin performance on the Task Order, the contractor must notify the Contracting Officer immediately.

Failure to begin performance with the approved worker(s) may result in termination of the Task Order. The contractor may or may not be given the opportunity to propose a new worker. The Government reserves the right to terminate the contract for default if the contractor fails to begin performance.

Option Periods Under Task Orders

The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract”.

Option periods will be exercised in writing by the issuance of Task Order modifications.

Task Order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 have been provided within the timeframes listed therein.

Task Order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9 have not been met.

Provision 52.217-5 and clause 52.217-9 are listed below for the purposes of inclusion in the Task Order if the Contracting Officer determines options are applicable.

The Contracting Officer may negotiate an increase in services to be executed as a modification if the additional services do not exceed the scope of the contract. Typically, increases of up to one full time equivalent position or 25% of the level of effort, whichever is greater, will be determined to be within scope. However, the Contracting Officer has discretion to determine what is within scope of each individual task order.

1. PERFORMANCE BY FOREIGN NATIONALS OR FOREIGN OWNERSHIP, CONTROL OR INFLUENCE (FOCI) ORGANIZATIONS

1.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

1.2. Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of employment status.

1.3. Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

Individual’s Name Date/place of birth Citizenship Date and Location of the Visit Purpose of the Visit Passport Number Employer’s Verification of Work Authorization

1.4. This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

1.5. The offeror shall disclose if the company (or individual) is a FOCI organization. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign-owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI organization if the parent corporation is a FOCI organization. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is a FOCI organization. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI persons for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI organization or person.

2. PRIVACY ACT AND HIPAA

2.1. The contractor shall ensure that all Protected Health Information (PHI) is protected in accordance with the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) mandated safeguards to ensure confidentiality of health information. All contractor personnel are required to complete HIPAA training within one (1) year prior to the provision of services under this contract. Contractor personnel must complete HIPAA refresher training annually.

3. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

4. CONTRACTOR'S PROPOSAL

4.1. Performance of this contract by the contractor shall be conducted and performed in accordance with detailed obligations to which the contractor committed itself in proposal dated (To be filled in at contract award).

5. ENVIRONMENTAL AND ENERGY CONSERVATION OBJECTIVES

5.1. If performance of any work under this contract is required at a Government facility, the Contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of ANY work under this contract. Please contact the Contracting Officer Representative (COR) for the applicable task order for contact information for the office having overall governance concerning safety.

5.2. Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal and/or Department of Defense regulations protecting the environment, contractor workers, and persons who live and work in and around contractor and/or federal facilities.

6. STANDARD LIABILITY INSURANCE

6.1. The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, Insurance--Work on a Government Installation and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: N/A.

7. WORKERS' COMPENSATION INSURANCE OVERSEAS is required for all service contracts in Japan. FAR 52.228-4(a) applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C. 1651, et. Seq). In accordance with FAR 52.228-4(a) the Contractor shall (1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or the equivalent as the laws of the country of which these workers are national may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing those subcontractors this requirement to provide such workers’ compensation insurance coverage.

8. CONTRACTS TO BE PERFORMED IN JAPAN

8.1. The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its workers shall be subject to all the laws and regulations of Japan, including the US-Japan SOFA. Certain contractor workers and their dependents not accorded privileges under SOFA Article XIV may be accorded status under SOFA Article I(b) with potential eligibility for logistic support. Dependents of contractors or of contractor workers who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents. The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its workers, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well as United States Forces Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

8.2. SOFA ARTICLE XIV STATUS

(a) Awardee may apply for Article XIV status under the United States – Japan Status of Forces Agreement (SOFA).

Offers shall be prepared based on the assumption that SOFA Article XIV status will be granted by Government in consultation with the Government of Japan. If the Government determines that Awardee does not qualify for SOFA Article XIV status or that SOFA Article XIV status is otherwise inappropriate, an equitable adjustment shall be made to the cost/price and other appropriate terms of the contract. Persons, including corporations organized under the laws of the United States, and their workers who are ordinarily a resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV. Such contractors and contractor workers are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Neither SOFA Article XIV nor SOFA Article I(b) status and privileges extend to dependents of SOFA Article XIV contractors or contractor workers.

(b) Procedures.

(1) Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor’s place of operation in Japan has been determined.

(2) A contractor seeking SOFA Article XIV status for itself and its workers shall submit the following to the Contracting Officer as part of its offer: (i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces; and (ii) Proof that the contractor’s workers are persons ordinarily a resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.

(3) The Contracting Officer shall make the initial determination whether the contractor qualifies for SOFA Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, United States Forces, Japan, ATTN: USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor, and relevant documentation. See USFJ Instruction 64-102 for further details.

(4) HQ USFJ shall make the final determination on the contractor’s SOFA Article XIV status upon consultation with the Government of Japan.

(5) Upon receipt of HQ USFJ approval, the Contracting Officer shall issue Letters of Identification indicating SOFA Article XIV status has been granted to the contractor and contractor workers.

(6) Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be redesignated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

(c) SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, paragraphs 3 through 8, upon certification by appropriate United States authorities as to their identity, such persons and their workers shall be accorded the following benefits of the SOFA. Note: Privileges and benefits afforded under SOFA Article XIV do not extend to dependents/family members.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraph 3;

(4) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other nonappropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(5) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(6) The use of postal facilities as provided for in SOFA Article XXI;

(7) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

(8) Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts referenced in subparagraph (a);

(9) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article XIV;

(10) Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the Government of the United States in connection with the construction, maintenance or operation of any of the facilities or area covered by the SOFA. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources;

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

8.3. SOFA ARTICLE I(b) STATUS

(a) SOFA Article I(b) status. Individuals including, but not limited to, technical advisors, consultants, entertainers serving under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may acquire SOFA status in Japan as part of the civilian component under Article I(b) of the SOFA. Note SOFA Article I(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the corporation employing the individual). To qualify for SOFA status under SOFA Article I(b), such individuals must be:

(1) United States nationals,

(2) not ordinarily resident in Japan (or if ordinarily resident in Japan, receive permission from the GOJ to change status following the procedures set out in USFJI 36-2611, Changes of Status by Person in Japan to One of the Categories

(3) present in Japan at the invitation of the United States, and solely for the purpose of executing contracts for the benefit of the United States armed forces (including Foreign Military Sales contracts), and, Authorized by the Status of Forces Agreement),

(4) not contractors, workers of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

(b) SOFA Article I(b) procedures. Contractor personnel must obtain a Letter of Identification from Contracting Officer to authorize entry into Japan under SOFA Article I(b) and to identify which Article I(b) privileges and benefits will be provided to each worker/dependent. Contractor shall, in writing, identify all contractor personnel and accompanying dependents eligible for SOFA Article I(b) status to the Contracting Officer.

c) SOFA Article 1(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article I(b) and their dependents (defined as spouse, children under 21, and, if dependent for over half their support upon an individual having SOFA Article I(b) status, parents and children over 21) shall be accorded the following benefits of the SOFA. These privileges are personal to the worker/dependent and to not inure to the employer.

(1) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(2) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(3) Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan Operator’s Permit for Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation;

(4) Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraphs 2 and 3;

(5) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, paragraph 7, except that such exemption shall not apply to the employment of local nationals in Japan;

(6) Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article XIII. The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources;

(7) If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers and other nonappropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(8) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(9) The use of postal facilities as provided for in SOFA Article XXI;

(10) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan.

(11) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

9. LOGISTIC SUPPORT

9.1. Contractor (if awarded Article XIV status), contractor personnel, and in the case of contractor personnel granted SOFA Article I(b) status, dependents, shall, subject to availability as determined by the installation commander or designee, be provided logistic support including, but not limited to, the items below

(a) Navy, Base or Post Exchange, exchange service stations, theaters, and commissary (Article I(b) personnel/dependents and Article XIV personnel only);

(b) Laundry and dry cleaning;

(c) Military banking facilities (Article I(b) personnel/dependents and Article XIV personnel only);

(d) Transient billeting facilities;

(e) Open mess (club) membership, as determined by each respective club (Article I(b) personnel/dependents and Article XIV personnel only);

(f) Casualty assistance (mortuary services) on a reimbursable basis;

(g) Routine medical care on a reimbursable basis for U.S. citizens and emergency medical care on a reimbursable basis for non-U.S. citizens;

(h) Dental care, limited to relief of emergencies on a reimbursable basis;

(i) Department of Defense Dependent Schools on a space-available and tuition-paying basis;

(j) Postal support, as authorized by military postal regulations (Article I(b) personnel/dependents and Article XIV personnel only);

(k) Local recreation services on a space-available basis;

(l) Issuance of U.S. Forces, Japan Operator’s Permit (Article I(b) personnel/dependents and Article XIV personnel only);

(m) Issuance of vehicle license plates (Article I(b) personnel/dependents and Article XIV personnel only).

10. RELOCATION COSTS FOR SERVICES PERFORMED IN JAPAN

10.1. Relocation costs will be reimbursed in accordance with the JTR current at the time. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice (as specified by the facility) to the COR. The Government will reimburse the contractor only for authorized relocation expenses deemed reasonable as stated in the current JTR. The contractor will be compensated for relocation costs per a Contract Line Item Number in the contract. The Government reserves the right to require additional documentation, including memoranda from the contract worker performing the relocation. If a contract/task order is terminated at the Government’s convenience or if services are ordered that do not allow for the relocation time frames set below to be met, relocations costs may be negotiated.

(a) The Government will pay the contractor to relocate contract workers from the United States to OCONUS locations. The contractor shall send the COR an email with the entire amount of relocation costs incurred upon the contract worker’s start of services. The COR will divide the total authorized amount into four increments, payable upon completion of services on a quarterly basis. For example, after three months of services, the contractor shall submit an invoice for the first quarter of funds for relocation costs and the Government will certify the invoice. Should the contract worker remain for a 12-month period, all of the funds for the relocation costs will be released to the contractor. Relocation costs from the United States to OCONUS locations will be paid as follows:

Upon completion of 3 months of performance: 25% of relocation costs may be authorized.

Upon completion of 6 months of performance: 50% of relocation costs may be authorized.

Upon completion of 9 months of performance: 75% of relocation costs may be authorized.

Upon completion of 12 months of performance: 100% of relocation costs may be authorized.

(b) The Government will pay the contractor to relocate contract workers (who relocated from the United States to OCONUS locations for performance under this contract) to relocate back to the United States. Relocation costs back to the United States will only be considered upon the successful completion of at least 15 months of performance as follows:

Upon completion of 15 months of performance: 25% of relocation costs may be authorized.

Upon completion of 18 months of performance: 50% of relocation costs may be authorized.

Upon completion of 21 months of performance: 75% of relocation costs may be authorized.

Upon completion of 24+ months of performance: 100% of relocation costs may be authorized.

In the event the contract task order period of performance is less than 24 months, the contract workers relocation costs reimbursement schedule will be authorized based on the truncated schedule. The truncated schedule will allow for 100% reimbursement upon successful completion of services provided during the period of performance. Task orders with period of performance less than 24 months will define the relocation cost reimbursement schedule at the order level.

Request for approval of relocation costs shall be submitted to the COR at least 30 days in advance.

(c) Exclusions. The Government will not provide repayment of relocation costs for contract workers who do not perform at least three months of services. This includes contract workers that terminate employment early, whether voluntarily or involuntarily, or those who receive unfavorable background checks. The contractor is cautioned against relocating a contract worker prior to their approval to begin services.

11. STATION/BASE REGULATIONS. The contractor and its workers and subcontractors shall become familiar with and obey station/base regulations, including fire, traffic, and security regulations. Personnel working at the station/base shall keep within the limits of the work (and avenues of ingress and egress), and shall not enter restricted areas unless required to do so and are cleared for such entry. Any contractor’s equipment shall be marked for identification.

12. PRIVATELY-OWNED VEHICLE OPERATION

(a) Privately-Owned Vehicle (POV) Permits: Contractor personnel using POVs on DoD installations shall have proper operating licenses and permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DoD installations. Vehicles shall be operated in accordance with local and state laws as well as installation specific traffic regulations.

(b) Privately-Owned Vehicle (POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

(c) Traffic Accident Report Requirements: The contractor shall report to the Installation Command Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW applicable local instructions. The contractor shall supply a copy of any on-installation traffic accident report to the COR within five workdays after occurrence. The contractor shall also provide the COR a copy of any report of an off-installation traffic accident that involves contractor personnel in the performance of this PWS within five workdays after occurrence.

(d) Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations, parking violations, or accidents that occur in the performance of work under this contract.

13. NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES

13.1. Pursuant to Department of Defense and Military Service policy applicable to both Government and contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government Work areas.

13.2. In furtherance of these drug control policies, unannounced periodic inspections of the following nature may be conducted by installation security authorities:

(a) Routine inspections of contractor occupied work spaces.

(b) Random inspections of vehicles on entry or exit from the installation, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

(c) Random inspections of personal possessions on entry or exit from the installation.

13.3. When there is a probable cause to believe that a contractor worker working at a Government installation has been engaged in use, possession or trafficking of drugs, the installation authorities may detain the worker until the worker can be removed from the installation, or can be released to the local authorities having jurisdiction. When the Government discovers illegal drugs and related paraphernalia in the course of an inspection of a vehicle operated by a contractor worker, the vehicle may be detained until it can be turned over to local authorities having jurisdiction and the worker’s installation driving privileges may be suspended, revoked, or denied.

13.4. Trafficking in illegal drug and related paraphernalia by a contractor worker while on a Government vessel or installation may lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.

13.5. The contractor is responsible for the conduct of workers performing work under this contract and is, therefore, responsible to assure that workers are notified of these provisions prior to assignment.

13.6 The removal of contractor personnel from a Government vessel or installation as a result of drug offenses shall not be a cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provisions of this contract.

14. OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS

(a) If performance of any work under this contract is required at a Government facility, the contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of any work under this contract.

(b) Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal and/or Department of Defense regulations (e.g., NOSCINST 5100.5C, Occupational Safety and Health Manual) protecting the environment, contractor workers, and persons who live and work in and around contractor and/or federal facilities.

(c) Contractors shall monitor its workers and ensure that they are following safety regulations particular to the work areas. Contractors shall ensure that its workers:

(1) Wear appropriate safety equipment and clothing;

(2) Are familiar with all relevant emergency procedures should an accident occur; and

(3) Have access to a telephone and telephone numbers for the Government facility where the work is performed.

(d) This contract may require the contractor to handle hazardous materials, which material safety data sheets will be provided.

(e) Accidents: The contractor is solely responsible for compliance of all safety regulations of its workers while working on Government facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and COR within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

15. ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

15.1. The contractor shall be fully capable and willing to electronically transmit proprietary data to the Government. This data may consist of contract deliverables or pricing data required for proposal evaluation. Any software required by the Government to receive the contractor-transmitted proprietary data that the Government does not already possess shall be provided by the contractor at no cost to the Government. Instructions regarding the handling of classified information will be defined at the task order level if a clearance is required.

18. NONDISPLACEMENT OF QUALIFIED WORKERS

18.1. The requirements of FAR clause 52.222-17 (Nondisplacement of Qualified Workers) shall be applied at the task order level. When applicable, FAR clause 52.222-17 will be included in task orders issued under the contract.

19. SUBSTITUTION OF KEY PERSONNEL

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement.

(b) All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty five (45) days, or ninety (90) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

20. CONTRACTOR PERSONNEL IDENTIFICATION. Contractor workers shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall also appropriately identify themselves as contractor workers in telephone conversations and in formal and informal written correspondence. When working at Government facilities, distinguishing badges or other visible identification shall be displayed by contractor personnel.

20.1. Contractor personnel, while performing in a Contractor capacity, are prohibited from using their retired or reserve component military rank or title in written or verbal communications associated with the contract under which they provide services.

21. PERSONNEL REMOVAL.

21.1. Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor workers and representatives who enter the installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation.