Solicitation - FA701424R0013.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 17 Nov 2023, 10:05 AM Central Standard Time

Section A - Solicitation/Contract Form

Force Structure Support (FSS)

Proposal Identifier: FA701424R0013 Date: 17 Nov 2023

FA701424R0013

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

IDIQ Ceiling: $43,910.777 Dollars U.S.

Minimum Allowed: $10,000.00

Maximum Allowed: $9,000,000.00

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Labor - Core Configuration Management (CM). Contractor shall provide all personnel and support to meet required activities covered in Section 3.5 of the Performance Work Statement, see section J.

Pricing for this CLIN shall come from the contractor's proposed Cost and Fee and shall be invoiced per following Ordering Periods:

Ordering Period 1:

From 1 February 2024 thru 30 November 2024 Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13

Pricing Arrangement: Cost Plus Fixed Fee

60 Months

Labor - Software Modification & Development. Contractor shall provide all personnel and support to meet required activities covered in Section 3.4 of the Performance Work Statement, see section J.

Pricing for this CLIN shall come from the contractor's proposed Cost and Fee and shall be invoiced per following Ordering Periods:

Ordering Period 1:

From 1 February 2024 thru 30 November 2024 Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13

Pricing Arrangement: Cost Plus Fixed Fee

60 Months

Labor - Research & Analytic Support (O&M). Contractor shall provide all personnel and support to meet required activities covered in Section 3.6 of the Performance Work Statement, see section J.

Pricing for this CLIN shall come from the contractor's proposed Cost and Fee and shall be invoiced per following Ordering Periods:

Ordering Period 1:

From 1 February 2024 thru 30 November 2024 Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13

Pricing Arrangement: Cost Plus Fixed Fee

60 Months

Labor - Research & Analytic Support (R&D). Contractor shall provide all personnel and support to meet required activities covered in Section 3.6 of the Performance Work Statement, see section J.

Pricing for this CLIN shall come from the contractor's proposed Cost and Fee and shall be invoiced per following Ordering Periods:

Ordering Period 1:

From 1 February 2024 thru 30 November 2024 Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13

Pricing Arrangement: Cost Plus Fixed Fee

60 Months

Travel - Associated with Personnel on Labor CLINs 0001 and 0003. Travel in support of PWS and IAW FTR, JTR and Standard Regulation Section 925, as applicable, with a not to exceed price of $100,000 per Ordering Period. Period of Performance shall be determined at the Task Order Level

Ordering Period 1:

From 1 December 2023 thru 30 November 2024 Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13 Pricing Arrangement: Cost Reimbursement

Pricing Arrangement: Firm Fixed Price

60 Months

Travel - Associated with Personnel on Labor CLINs 0002 and 0004.

Travel Travel in support of PWS and IAW FTR, JTR and Standard Regulation Section 925, as applicable, with a not to exceed price of $100,000 per Ordering Period. Period of Performance shall be determined at the Task Order Level Ordering Period 1:

From 1 December 2023 thru 30 November 2024

Ordering Period 2:

From 1 December 2024 thru 30 November 2025 Ordering Period 3:

From 1 December 2025 thru 30 November 2026 Ordering Period 4:

From 1 December 2026 thru 30 November 2027 Ordering Period 5:

From 1 December 2027 thru 30 November 2028

Product Service Code: AC13 Pricing Arrangement: Cost Reimbursement

Pricing Arrangement: Firm Fixed Price

60 Months

TRANSITION-IN PLAN. Contractor shall provide all personnel and support to meet required activities covered in Section 3.3 of the Performance Work Statement, see section J.

Pricing Arrangement: Firm Fixed Price

1 Lot

CDRL - Data Not Separately Priced (NSP)

IAW DD1423-1

The contractor shall provide administrative data reporting in accordance with DD Form9s) 1423 as attached to the solicitation.

Pricing Arrangement: Cost No Fee

1 Each

Section C - Description/Specifications/Statement of Work

Requirements Software Development Services (SDS), in the form of development, modification, maintenance, and operation of specified Modeling and Simulation tools in support of the Requiring Activity mission requirements.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984 52.246-9 Inspection of Research and Development (Short Form). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Inspection and Acceptance Location

Both Destination Instructions: UEI to be determined

DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Section F - Deliveries or Performance

From 01 Feb 2023 to 30 Nov 2028

Contractor Destination

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Period From 01 Dec 2023 to 30 Nov

Period of Performance From 01 Feb 2023 To 30 Nov 2028

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Delivery Period From 01 Dec 2023 to 30 Nov

Period of Performance From 01 Feb 2024 To 30 Nov 2028

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Delivery Period From 01 Feb 2023 to 30 Nov

Period of Performance From

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

01 Feb 2023 To 30 Nov 2028

Delivery Period From 01 Feb 2024 to 30 Nov

Period of Performance From 01 Feb 2024 To 30 Nov 2028

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Delivery Period From 01 Feb 2024 to 30 Nov

Period of Performance From 01 Feb 2024 To 30 Nov 2028

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@.us.af.mil Telephone: 571-256-2120

Delivery Period From 01 Feb 2024 to 30 Nov

Period of Performance From 01 Feb 2024 To 30 Nov 2028

60 Months Place of Performance DoDAAC: FA7014 CountryCode: USA

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Delivery Period From 01 Dec 2023 to 30 Nov

1 Lot Place of Performance DoDAAC: FA7014 CountryCode: USA

Period of Performance From 01 Dec 2023 To 31 Jan 2024

FA7014 AFDW PK

ADMIN ONLY NO REQTN CP 240 612 2997, 1500 W PERIMETER RD

STE 5750

ANDREWS AFB, MD 20762-6604

UNITED STATES

Dale Johnson Email: dale.johnson.12@us.af.mil Telephone: 571-256-2120

Period of Performance From 01 Dec 2023 To 30 Nov 2028

1 Each

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.242-17 Government Delay of Work. Apr 1984

Section G - Contract Administration Data

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.213-2 Invoices. Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) (Sep 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC _FA7014___

Admin DoDAAC FA7014____

Inspect By DoDAAC _F1AF18___

Ship To Code __F1AF18__

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 Limitation of Government's Obligation. (Apr 2014)

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.

1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

252.225-7040 Contractor Personnel Supporting U.S.

Armed Forces Deployed Outside the United States.

As prescribed in (a), use the following clause: 225.371-5

CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT 2023)

(a) . As used in this clause-- Definitions

"Combatant Commander" means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

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

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

"Designated reception site" means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

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

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

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

(b) . General

(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the United States to support U.S.

Armed Forces deployed outside the United States in--

(i) Contingency operations;

(ii) Peace operations, consistent with Joint Publication 3-07.3; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions.

Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

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

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

(d) and (j)(3) of this clause).

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

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(c) . Support

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

(A) The Contractor cannot obtain effective security services;

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

(C) Threat conditions necessitate security through military means.

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

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

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

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

(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

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

(d) . Compliance with laws and regulations

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

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

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

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

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

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

(3) The Contractor shall ensure that CAAF and non-CAAF are aware--

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

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause).

Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

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

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

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

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

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

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

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

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

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

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

(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

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

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

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

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

(8)(i) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces are aware of their rights to--

(A) Hold their own identity or immigration documents, such as passport or driver's license, regardless of the documents' issuing authority;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

(E) Identify grievances without fear of reprisal;

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

(G) Receive wages that are not below the legal host-country minimum wage;

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

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

(ii) The Contractor shall post these rights in employee work spaces in English and in any foreign language(s) spoken by a significant portion of the workforce.

(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed Forces.

(e) . Preliminary personnel requirements

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for each category will be specified in the statement of work or elsewhere in the contract):

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

(ii) All CAAF deploying in support of an applicable operation--

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

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

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

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

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

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

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

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

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

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

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

(A) Basic training is required for all CAAF. The basic training will be provided through--

(1) A military-run training center; or

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

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

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

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, .); et seq

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

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.

S. Government missions outside the United States (18 U.S.C. 7(9)); and

(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C.

802(a)(10).

(v) Such employees are required to report offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(vi) Such employees will be provided victim and witness protection and assistance.

(f) . CAAF shall-- Processing and departure points

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause;

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

(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures.

(g) . Personnel data

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, to enter and maintain the data for all CAAF and, as designated by or the Combatant Commander, non-CAAF supporting the Under Secretary of Defense (Acquisition and Sustainment) U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause.

(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system at https://spot.dmdc.mil to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(h) . Contractor personnel

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

(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the continuity of essential Contractor services during designated operations, unless, after consultation with the Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs withdrawal due to security conditions.

(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, at the end of their employment under this contract).

(i) . Military clothing and protective equipment

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

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

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

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

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

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

(j) . Weapons

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, Operational Contractor Support. The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are authorized.

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

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

(A) Safely;

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

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

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

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

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.

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

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

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

(l) . If the Combatant Commander has established an organization for the designated operational area whose Purchase of scarce goods and services function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) . Evacuation

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

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) . Next of kin notification and personnel recovery

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

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

(o) . Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program Mortuary affairs as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support.

(p) . In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by Changes written…