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Heavy Duty Truck Scale with Accessories - Kuwait and Qatar
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SP4510-16-Q-1014
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DLA Disposition Services – Camp Arifjan, Kuwait and Qatar Procurement and Installation of Heavy Duty Truck Scales with Accessories Specifications

April 22, 2016

1.0 INTRODUCTION

The primary mission of the Defense Logistics Agency (DLA), Installation Support is to directly provide services for Disposition Services. Disposition Services function is to dispose of Department of Defense (DOD) excess and surplus personal property generated by the military services. This is accomplished through reutilization to other DOD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the general public, or ultimate disposal through abandonment or destruction. DLA Disposition Services and Installation Support are headquartered in Battle Creek, Michigan, with a variety of field sites worldwide. The purpose of this contract is to acquire and install a new heavy duty truck scale with accessories for DLA Disposition Services – Camp Arifjan, Kuwait and Qatar. The truck scale and associated installation (CLINs 0003 and 0004) for the Qatar delivery location shall be optional CLINs and subject to availability of funds.

2.0 DEFINITIONS

CONTRACTOR - A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

CONTRACTING OFFICER (KO) - A person with authority to enter into, administers, and or terminates contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR) - An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with the Statement of Work.

DELIVERABLE - Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

KEY PERSONNEL - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY - Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE - The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

QUALITY CONTROL - All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR - One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Sub-contractor.

WORK DAY - The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK - Monday through Sunday, 0600-1530 local time.

3.0 ACRONYMS

ASG - Area Support Group

COR - Contracting Officer’s Representative

CLIN - Contract Line Number

DLA- Defense Logistics Agency

DoD - United States Department of Defense

DPW - Department of Public Works

EPA - Environmental Protection Agency

ECO - Environmental Compliance Officer

FET - Facilities Engineer Team

GoK - Government of Kuwait

Government - U.S. Government

MEW - Kuwaiti Ministry of Electricity and Water

MHE - Material Handling Equipment

MSDS - Material Safety Data Sheets

NLT - No later than

ODS - Ozone Depleting Substance

PWS - Statement of Work

QCP - Quality Control Plan

USACC-SWA-KU - United States Army Contracting Command Southwest Asia Kuwait

WAWF – Wide Area Work Flow available https://wawf.eb.mil

IAW – In accordance with

4.0 Specification for New Truck Scales

Provide and deliver truck scales with the following specifications:

- Minimum scale capacity: 175,000 lbs

- Minimum platform scale: 80 foot

- Minimum platform width: 14 foot

- Guide rails on both sides of scale

- Load cells (std) Provide additional equipment and accessories:

- Traffic lights

- Complete instruments/hardware/software for weighing operations (e.g. ability to generate reports, printer for weight tickets, remote weight display, cables, keyboards, and remote terminal).

- Construct IAW UFC 1-200-01.

5.0 Delivery of Truck Scale and Accessories for Shipment

The truck scales will be Government shipped to Kuwait and Qatar from DLA Disposition Services – DEPOT New Cumberland, PA. Coordinate with DLA Disposition Services- DEPOT New Cumberland, PA for entry and scheduling of delivery during daily work hours. Any overtime/weekend work must be coordinated with DLA Disposition Service- DEPOT New Cumberland, PA for advanced approval.

Shipping address:

North America: DLA Disposition Services DLA Disposition Services- 2001 Mission Drive, DEPOT New Cumberland, PA.17070. Contractor will confirm shipping address through the DLA Disposition Services – Installation Support/POC.

On-Site: Special arrangements will have to be made with DLA Disposition Services Logistics-Central and DLA Disposition Services Installation Support/POC.

6.0 Installation

Contractor shall provide all necessary tools, manpower, equipment, and supervision required for:

- Installing 1 truck scale and associated accessories each at Camp Arifjan, Kuwait and Qatar (if optional CLINs are exercised).

- Contractor shall be responsible for the foundation work on the new scale(s). Contractor shall work closely with Site Operations Officer in scheduling and procuring materials locally. Local Department of Public Works (DPW) or in the case of Qatar, ECES Operations is a good source for information. If contractor uses local company for foundation work, the Company and their workers must be vetted through the local security office. Site Operations Officer is POC.

- Contractor shall submit a drawing of foundation for approval by COR before commencing work.

- Configuration, calibration, testing of the scale and training of operators shall be included.

- Contractor shall provide shop drawings of new truck scales and accessories to be used by installation team (if not the contractor’s employee’s) providing concrete slab, ramps and utility hook-ups.

- The contractor shall provide for the necessary transportation and medical care (other than emergency or critical care) of its workforce for the contract tasks. Contractor shall provide food, water, and sanitation facilities for the workforce as required.

7.0 Warranty

The contractor shall provide a warranty of no less than one (1) year (non-prorated) on all components, equipment, and fencing materials provided or installed by the contractor. Any additional warranty offered by the Contractor shall be incorporated into the contract. The contractor shall provide a 24 hours/day, 7 days/week point of contact for warranty issues. The contractor shall replace and/or repair equipment/materials that are identified within the warranty period that are identified to the contractor by the COR with approval of the Contracting Officer. The contractor shall respond to all warranty issues within 4 hours of notification and fix all deficiencies within 12 hours of notification. The contractor’s warranty shall include parts, labor, and associated transportation and shipping costs. Contractor’s warranty period shall commence upon Government acceptance of the work.

8.0 Kuwait Laws and Labor Standards

The Contractor shall obtain local Kuwait Sponsorship for all personnel assigned to the contract for the purpose of providing in-country legal representation, work visas, and resolution of other personal business or domestic matters, in compliance with Kuwaiti business and labor laws. The Contractor shall comply with ASG-KU camp access policy and regulations. The Contractor shall ensure that all personnel have the proper Kuwaiti visas and permits to work on Camp Arifjan. The Contractor shall meet the labor laws of the Government of Kuwait (GoK) as well as United States Department of Defense (DoD) laws and regulations regarding the employment of Third Country Nationals (TCNs).

9.0 Delivery/performance timeframes

All required products for CLIN 0001 and CLIN 0003 shall be delivered within 45 calendar days from date of contract award (or option exercise) for delivery of truck scale with accessories to DEPOT New Cumberland PA. The installation contained in CLIN 0002 and CLIN 0004 will take place after coordination between the Governments but shall be completed within 4 months after contract award (or option exercise). A pre-installation meeting will be held with the contractor before work commences.

Contractor shall provide a detailed schedule outlining the work activities associated with this SOW, for example: site preparation, tent framing, fabric covering, insulation, electrical work, flooring, and the estimated dates when the generators need to be turned off and restarted. The progress schedule is due NLT 1 week prior to commencing work.

The Contractor is responsible for conducting work, on-site at the DLA Disposition Site of Camp Arifjan, Kuwait, between the hours of 0600 and 1800 local time Sunday through Thursday with exceptions for when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential. Alternate or additional work hours may be approved with advance notice to the Contracting Officer.

The service to be performed under this contract will be performed during normal government working days, Saturday through Thursday, which are available from the COR/POC. If services are scheduled by the contractor to be performed on a regular federal holiday (see below), designated by Presidential proclamation, or DLA, Disposition Services Closure, rescheduling shall be at the discretion of the COR/POC.

New Years Day

1 January*

Martin Luther King's Birthday

3rd Monday in January

Presidents Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July*

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

11 November*

Thanksgiving Day

4th Thursday in November

Christmas Day

25 December*

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

10.0 Acceptance/correction of work

All work performed under this contract shall be subject to the acceptance of the designated COR or (Government) Point of Contact. If performance is found to be unsatisfactory and not in accordance with the requirements of this contract, the contractor shall correct unsatisfactory work as soon as possible but not later than within 90 calendar days of Government notification. Correction of work is performed at the contractor’s expense as per FAR 52.212-4 contained elsewhere in this contract.

11.0 Contract Manager

The Contractor shall provide a contract manager who shall be the primary point of contact and responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer within 48 hours of contract award. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to execution of this contract. The contract manager or alternate shall be available between 0700 and 1600 local time, Sunday thru Thursday except Federal holidays or when the government facility is closed for administrative reasons.

Site Supervisor The Contractor shall identify a site supervisor and an alternate to the Government prior to the start of any work. During any work the site supervisor shall be present and wear a distinguishing badge to aid identification.

Environmental Compliance Officer The Contractor shall name a qualified and competent individual to serve as an Environmental Compliance Officer (ECO).

Identification of Contractor Employees All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Key Personnel The follow personnel are considered key personnel by the government: Contract Manager, Alternate Contract Manager, Site Supervisor, Alternate Site Supervisor, and Environmental Compliance Officer. Projected replacement of key personnel must be submitted in writing to the COR and Contracting Officer for approval 30 days prior to a replacement. All key personnel must be able to communicate fluently in English both verbally and in writing.

Contracting Officer’s Representative (COR)

The COR will be nominated by the requiring activity and appointed by the contracting officer by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any terms or conditions in the contract that pertain to cost, schedule, performance, quality, quantity, or other legal aspects of the resulting order.

12.0 Clean Up Premises

Upon completion of the work, the contractor is required to clean up work space and remove and dispose of any parts or debris resulting from the contractor’s performance, with any associated costs included in existing CLIN prices. This is required after each day of on-site performance, and before the contractor leaves the premises.

13.0 Protection to Public and Property

In order to provide for environmental abatement and control and to prevent environmental pollution arising from the services of the contractor in the performance of this contract, the contractor shall comply with applicable federal, state and local laws and regulations concerning environmental pollution abatement and control currently in effect and all applicable DLA, Disposition Services Fire, Safety, Security and Environmental Protection Regulations.

The Contractor must perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, the Contractor’s personnel and equipment shall comply with applicable federal, DOD, state; local and host installation laws, safety regulations and procedures, and Contractor will ensure that its agents, employees, and subcontractors perform in a safe manner. The contractor shall ensure that its agents, employees and subcontractors involved in handling and packaging wastes are trained to the level of expertise required for the proper performance of the tasks and in particular, in the areas of chemical compatibility, safety, general first aid procedures and spills. Personal protective equipment shall be provided by the Contractor and must be appropriate for the task. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Host Installation Property.

The Contractor shall assume full responsibility and liability for compliance with all applicable local, state federal, and DOD regulations pertaining to the health and safety of personnel and environmental management during the execution of work. All work shall be completed and performed in accordance with the best practices of the trade and in compliance with all-applicable federal, DOD, state and local codes.

The contractor shall take all necessary precautions to prevent injury to the public, building occupants, and/or damage to property of others.

14.0 Base access requirements

Installation/site access requirements vary for visitor badges and other access/security procedures for performing contractor services at the sites. The contractor is required to coordinate with the Government COR/POC on the task order to obtain the necessary security/access procedures prior to commencing work at the site, and in such time as the performance timeframe for completion of the services is met. If coordination and/or access is delayed by the Government such that performance timeframes cannot be met, the contractor must submit, in writing, their proposed reasons, including any supporting evidence, prior to the original due date of the task order such that an extension can be granted, if appropriate. At no cost to the government, it is the contractor’s responsibility to make arrangements to conduct site visit prior to submitting an accurate and complete bid. The government is not responsible for incomplete material or condition list and expects the final installation to be complete and fully usable IAW RMI standards.

Contractor and all associated Sub-Contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, ASG, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. Minimum escort requirements must meet Area Support Group Force Protection standards. Contractor personnel and property shall be subject to search and seizure upon entering Camp Arifjan and upon leaving the confines Camp Arifjan. For entry the driver must possess a valid driver’s license and proof of insurance.

The Government shall not be held liable for delays prior to the Contractor reaching the Patriot site entrance and notification that he is ready to proceed through the gate.

Special Qualifications The Contractor personnel shall establish and maintain all professional licenses or annual certifications required to complete this SOW in accordance with Host Nation, Department of Defense, and ASG-KU standards. The Contractor is responsible for ensuring all employees possess and maintain current certification during the execution of this contract.

Procedures to Obtain Badging In order to obtain entry to Camp Arifjan, Contractors must contact the Badging Office at 965-2389-1525 for forms, procedures and instructions. The Contractor shall provide all Contractors and Sub-contractor personnel I.D. badges containing the company name, the individual’s full name, picture, badge number, and foreign I.D. number. The Contractor shall ensure I.D. badges are visibly displayed on Contractors and Sub-contractors between the neckline and beltline at all times while on Camp Arifjan. A list of personnel with corresponding badge numbers shall be provided to the Contracting Officer no later than 1 week after contract award and updated as personnel changes occur.

New passes are obtained at ECP 1 (TCN Gate) on Camp Arifjan. Renewals and upgrades are handled at the Provost Marshal Office Bldg. 159 located on Camp Arifjan. Contractors are advised that badging for citizens/residents of certain countries is restricted or unavailable. Contractors must contact the Badging Office to obtain a list of restricted countries and any applicable waiver processes.

15.0 Security Requirements

The Contractor shall follow existing ASG security and parking procedures and instructions applicable to site specific rules and regulations. The Contractor shall be responsible for the safeguarding and physical security of all materials, supplies, information and equipment, including property that he is utilizing. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. Contractor will provide ropes, barriers, fencing or other suitable material, to clearly delineate it from the restricted installation area.

Personnel Security/Anti-Terrorism:

The Contractor shall become knowledgeable of all current Department of Defense (DOD), State Department, and local command instructions pertaining to personnel security and anti-terrorism issues. Contractor personnel shall complete Level One Anti-Terrorism and OPSEC Level I training NLT 10 calendar days after award. On-line training is available from the Government. Contractor personnel shall provide the COR with the Certificate of Training upon request. AT Level I awareness training and OPSEC Level I training is available at the following website: https://atlevel1.dtic.mil/at and http://cdsetrain.dtic.mil/opsec."

Antiterrorism Level I Training (AT I)

All Contractor employees, to include Sub-contractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 15 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and Sub-contractor employee, to the COR, within five (5) calendar days after completion of training by all employees and Sub-contractor personnel. At Level I Awareness training is available at the following website: https://atlevel1.dtic.mil/at.

i Watch Training

All Contractor and associated Sub- contractors shall brief all employees on the local iWatch program (training standards provided by the Requiring Activity Antiterrorism Officer (ATO). This locally develop training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 15 days calendar days of contract award and within 15 calendar days of new employee’s commencing performance, with the results reported to the COR no later than 30 after contract award.

CTIP Training The Contractor shall ensure all personnel receive an annual awareness briefing or training on Combating Trafficking in Persons (CTIP). Proof that all personnel received CTIP awareness or training shall be made available to the Government upon request.

16.0 Identification of Employees

The contractor shall be responsible for furnishing to each of their employees’ identification as may be required by the installation where the services are performed. Contractor will require each of their employees engaged on the work site to display such identification as directed by the appropriate installation. All prescribed identification shall be delivered to the COR/POC for cancellation upon the release of any employee. Failure to return badges may constitute a delay in payment. All Local requirements for identification will be strictly enforced.

17.0 Conduct of personnel on duty

While on duty working in Government buildings and on Government property, personnel employed by the contractor shall be prohibited from sleeping, using Government telephones and utilizing Government facilities for recreational activities. Personal items in office areas, such as desk accessories, radios, supplies, pens, pencils, plants and food shall not be disturbed by the contractor’s employees at any time. Contractor’s employees are subject to Government standards of conduct including sexual harassment. Clothing, personal grooming, and personal cleanliness standards for Government working environment apply.

18.0 ENVIRONMENTAL PROTECTION

The Contractor shall meet the minimum standards set out in the ASG-KU Environmental Handbook, and ASG-KU DPW Memorandum #11, Environmental Requirements, with the exception of the attachments, as well as those the environmental standards of the GoK. Contractor shall comply with all applicable requirements in Attachment G, Environmental Compliance. ASG documents are available upon request through the COR.

Environmental Compliance Officer:

The Contractor shall name a qualified and competent individual to serve as an Environmental Compliance Officer (ECO).

Fire Protection:

The Contractor shall meet or exceed all applicable standards set out by the ASG-KU DPW Memorandums, ASG Fire Prevention Standalone Supplement, USARCENT Electrical Safety Policy, and NFPA 101 Life Safety Code (Latest Edition). ASG documents are available upon request through the COR.

19.0 Disorderly conduct

Disorderly conduct, such as use of abusive or offensive language, quarreling, intimidation by works or actions, or fighting will not be condoned. Contractor employees shall not participate in disruptive activities which interfere with normal and efficient Government operations.

20.0 Intoxicants

The contractor shall not allow any employees, while on DLA Disposition Services sites to possess, sell, consume, or be under the influence of intoxicants, illicit drugs, or any other incapacitating agent which produces similar effects. The KO/COR shall require the contractor to remove from the job site, any contractor employee found under the influence of intoxicants, illicit drugs, or incapacitating agent during his tour of duty.

21.0 Criminal Actions

Contractor employees shall be subject to prosecution for criminal actions. These shall include, but are not limited to, the following:

- The falsification, unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omission from official documents or records.

- Theft, vandalism, immoral conduct, or unauthorized use of Government property.

- Unethical or improper use of official authority or credentials.

- Misuse of weapons, including possession of weapons on the DLA Disposition Services Pendleton premises.

- Violations of State laws, such as traffic offenses, which have been assimilated and are enforced through the U.S. Magistrate Court System.

22.0 Personal Protective Equipment (PPE)

The contractor shall be responsible for equipping their personnel with the proper PPE required to safely provide services required. PPE is defined as equipment and supplies to protect the human body, inside and out, from harm / injury / illness occurring in line with contracted services provided. PPE may include, but is not limited to: Goggles, ANSI approved Safety Toe Boots, Leather Gloves, Hearing Protection, Face Masks (dust).

23.0 Invoicing and Payment

The contractor shall submit its invoice and be paid using the Wide Area Workflow (WAWF) payment system. The WAWF clause will be incorporated into the contract by full text for informational purposes. In order to prevent payment delays, it is extremely important that the contractor appropriately submit payment requests in WAWF using the information provided in DFARs clause 252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

This procurement service is funded through DLA Installation Support (DODAAC SC4400). DLA Installation Support’s COR will certify the invoice submitted through the Wide Area Work Flow (WAWF) system; the post-contract identified COR will verify the order is properly received and installed IAW specifications.

24.0 Contractor Manpower Reporting:

The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required fields using the following web address: http://www.ecrnra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

25.0 DBA Insurance: Defense Base Act (DBA) Insurance:

As noted in the CLINs for this requirement, the Contractor shall provide a policy of Defense Base Act Workers’ Compensation to the Contracting Officer. Performance may not start until the notice of a policy from Continental Insurance Co. has been received by the Contracting Officer. The DBA requirement also applies to all Sub-contractors performing under this SOW. If a Sub-contractor is performing work under this SOW; the Contractor shall provide evidence of Sub-contractor's DBA insurance to the Contracting Officer.

If the expiration date of the policy is before the performance ends, then prior to expiration, the Contractor shall provide a new policy or renewal of existing policy to cover the performance to the ending date of performance. Contractors shall obtain commercially available DBA insurance from a DOL authorized insurance carrier unless the Contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm . The Contractor shall provide evidence of this policy not later than seven (7) days prior to performance of the Contract.

If the expiration date of the policy is before the performance ends, then prior to expiration, the Contractor shall provide a new policy or renewal of existing policy to cover the performance to the ending date of performance. The Contractor shall keep posted in a conspicuous place in and about its place of business either a typewritten or printed notice on Forms LS-241 (Notice to Employees) or LS-242 (Notice to Employees for Self-Insured Employers). Such notice must also contain the name and address of the employer representative to who notice of injury is given, and the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. Posted notice shall be written in the language of the employees. Additional information is available at http://www.dol.gov/dlhwc/lsdba.htm .

26.0 Synchronized Pre-Deployment Operational Tracker (SPOT)

The Contractor shall ensure all the employees of the Contractor and all Sub-contractors are registered in the Synchronized Pre-Deployment and Operational Tracker (SPOT) program. The Contractor shall ensure registration of all their employees and all Sub-contractors in the Synchronized Pre-deployment and Operational Tracker (SPOT) program. Contractor shall input the necessary information into SPOT within 5 days after contract award. The reporting will be done manually or at the designated website available at https://spot.altess.army.mil.as directed by the Contracting Officer. The required information includes:

(1) CAGE Code for Vendor/Company that employee works for;

(2) Name of Vendor/Company that employee works for;

(3) First Name of Employee;

(4) Last Name or Surname of Employee;

(5) Middle Initial;

(6) Gender of Employee (Male or Female);

(7) Date of Birth of Employee (mm/dd/yyyy);

(8) City in which the Employee was born (Nearest City);

(9) Country in which the Employee was born;

(10) Foreign Identification Number;

(11) Social Security Number (If US Citizen);

(12) Passport Number of Employee – Optional;

(13) Passport Expiration Date of Employee – Optional (mm/dd/yyyy);

(14) List Country that issued the Passport – Optional;

(15) Primary Email Address of Employee or Company;

(16) Is Employee Armed - (Optional);

(17) State the name of the contracting effort the employee will be working on (example: Victory Base Housing Construction);

(18) Employee start date on contract (mm/dd/yyyy);

(19) Employee estimated end date on contract (mm/dd/yyyy);

(20) Employee actual arrival date at location for contract (mm/dd/yyyy);

(21) Country that the employee will be working;

(22) City closest to where the employee is working;

(23) Employee's Job Title;

(24) Contract Number;

(25) Associated Task Order Number (If Applicable);

(26) Primary Supporting Organization (E.g. 410th).

27.0 Applicable Publications

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. ASG documents are available upon request through the COR.

- Useful reference documents for contractors working with the US Government are available at http://www.aca.army.mil/

- Federal Joint Ethics Regulation (JER) 5500.7-R is available at www.dod.mil/dodgc/defense_ethics/ethics_regulation/

- Overseas Environmental Baseline Guidance is available at www.dtic.mil/ USARCENT Electrical Safety Policy

- Federal Acquisition Regulations are available at www.arnet.gov/far/ AR 385-10, Army Safety Program

- National Fire Prevention Association Standards are available for viewing at www.nfpa.org.

- American Concrete Institute Standards are available for viewing at http://www.concrete.org

- American Society for Testing Materials (ASTM) are at available at http://www.astm.org/Standards

28.0 Sexual Assault/Harassment POLICY

Contractor will comply with and ensure all employees comply with the Sexual Assault and Sexual Harassment Policy outlined below.

Contractor shall certify that all employees performing work on U.S. military installations in association with this contract have been fully trained per the requirements of Attachment 1. The COR shall be provided with the following information at a minimum: employee's name, civil identification number, and date trained. Proof of Sexual Harassment Policy compliance is due within 48 hours after contract award or prior to new personnel performing on site.

The Contractor shall annually train all employees performing work on U.S. military installations in association with this contract to prevent sexual assault and sexual harassment. This training must ensure at a minimum that all Contractor employees understand the definitions and policy outlined in Attachment 1.

Each employee's compliance with this training requirement shall be reported to the Contracting Officer and the Contracting Officer Representative prior to employee being allowed access to the U.S. Government worksite.

Definitions As used in this policy – “Sexual Assault” means – A crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. “Consent” will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.

“Sexual Harassment” means – Gender discrimination that involves unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature between the same or opposite sex genders when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Categories of sexual harassment are:

Verbal – Examples include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one’s physical appearance in a sexual manner.

Nonverbal – Examples include staring at someone, blowing kisses, winking, or licking one’s lips in a suggestive manner. The term may also include printed material (for example, displaying sexually oriented pictures or cartoons); using sexually oriented screen savers on one’s computer; or sending sexually oriented notes, letters, faxes or email.

Physical Contact – Examples include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs.

Policy The Department of Defense has adopted a policy to prevent sexual assault and sexual harassment. Contractors and contractor employees in the Army Central Command (ARCENT) Area of Responsibility (AOR) shall not –

Commit acts of sexual assault against any person on any camp, post, installation, or other United States enclave within the ARCENT AOR; or Sexually harass any person on any camp, post, installation, or other United States enclave within the ARCENT AOR.

Contractor requirements The Contractor shall notify its employees of –

The Department of Defenses’ policy described in paragraph (b); and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment;

Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b); and

Annually train all employees to prevent sexual assault and sexual harassment. This training must ensure at a minimum that all contractor employees understanding the definitions outlined in paragraph (a) and the policy in paragraph (b). Each employee’s compliance with this training requirement shall be reported to the Contracting Officer’s Representative prior to the employee being allowed access to the worksite.

Notification The Contractor shall inform the Contracting Officer immediately of –

Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and

Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this policy.

Remedies In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this policy may result in –

- Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

- Requiring the Contractor to terminate a subcontract;

- Suspension of contract payments;

- Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

- Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

Subcontracts The Contractor shall include the substance of this policy, including this paragraph (f), in all subcontracts.

Mitigating Factor The Contracting Officer may consider whether the Contactor had a Sexual Assault Prevention and Response training program at the time of the violation as a mitigating factor when determining remedies. Additional information about Sexual Assault Prevention and Response training programs can be found at the Department of Defense Sexual Assault Prevention and Response Home Page, http://www.sapr.mil.

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