SPE300-15-R-0042_Amendment_0003_Attachment_1_Published.pdf

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 1 of 53

This amendment contains two sections: Sections I contains revisions (adds/changes/deletions) to the solicitation requirements. Section II provides answers to questions which were submitted in reference to the pre-proposal conference dated December 29, 2015.

NOTE: The answers in Section II are provided for clarification purposes only and do not change the solicitation requirements. In the event of any discrepancy between the answers provided in Section II and the solicitation documents, the solicitation documents will take precedence.

Section I – Solicitation Adds/Changes/Deletions

1. On page 8 of the SOLICITATION, delete and replace 952.225-0011 as follows:

952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (APR 2013)

The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence.

U.S. Citizens

NONE Excess Baggage Billeting Fuel Authorized Resuscitative Care Controlled Access Card (CAC) Transportation Badge DFACs

Third-Country National (TCN) Employees

NONE Excess Baggage Billeting Fuel Authorized Resuscitative Care Controlled Access Card (CAC) Transportation Badge DFACs

Local National (LN) Employees

NONE Fuel Authorized Controlled Access Card (CAC) Transportation Badge

Note: The Government will not provide U.S. mail service privileges to Prime Vendor personnel.

2. On page 14 of the SOLICITATION, delete and replace 252.222-7006 as follows:

252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION

AGREEMENTS (DEC 2010)

(a) Definitions. As used in this clause–

“Covered subcontractor” means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the acquisition of commercial items, including commercially available off-the-shelf items.

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“Subcontract” means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services for performance of this contract or a higher-tier subcontract thereunder.

(b) The Contractor—

(1) Agrees not to–

(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration–

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration–

(A) Any claim under title VII of the Civil Rights Act of 1964; or

(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and

(2) Certifies, by signature of the contract, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.

(c) The prohibitions of this clause do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Regulation Supplement 222.7404.

3. On page 27 of the SOLICITATION, as amended via Amendment 0001, paragraph 5, page 22, delete 252.225-7040 in its entirety.

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 3 of 53

4. On page 28 of the SOLICITATION, above 252.225-7995, add the following clause:

252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF

OPERATIONS (DEVIATION [2015-O0013]) (DATED)

(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not—

(1) Subject to extortion or corruption; or

(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000.

5. On page 28 of the SOLICITATION, delete and replace 252.225-7995 as follows:

252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2015-O0009)(JAN 2015)

(a) Definitions. As used in this clause—

“Combatant Commander” means the Commander of the United States Central Command Area of Responsibility.

“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 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 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)

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 4 of 53 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 the United States Central Command (USCENTCOM) Area of Responsibility (AOR)

(2) Contract performance in USCENTCOM AOR 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 authorized to accompany 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.

(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

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 5 of 53 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 USCENTCOM AOR. 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 USCENTCOM AOR under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR 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 DoDD 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

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(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) 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) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United States are aware of their rights to—

(A) Hold their own identity or immigration documents, such as passport or driver’s license;

(B) Receive agreed upon wages on time;

http://www.cid.army.mil/reportacrime.html http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522 http://www.ncis.navy.mil/Pages/publicdefault.aspx http://www.dodig.mil/HOTLINE/index.html http://www.dodig.mil/HOTLINE/index.html

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(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 in-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.

(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 USCENTCOM AOR a copy of the Public Health Service Form 791, “International Certificate of Vaccination” that shows vaccinations are current.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit the USCENTCOM AOR and have a Geneva Conventions identification

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 8 of 53 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).

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(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) Processing and departure points. CAAF shall—

(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 USCENTCOM AOR 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 data for all Contractor employees covered by this clause, following the procedures in paragraph (g)(3) of this clause.

(2) Upon becoming an employee under this contract, the Contractor shall enter into SPOT, and shall continue to use SPOT web-based system to maintain accurate, up-to-date information throughout the employment in the AOR. Changes to status of individual contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the employment in the AOR 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.1

(i) In all circumstances, this includes any personnel performing private security functions and CAAF.

(ii) For personnel other than those performing private security functions and CAAF, this requirement excludes anyone—

(A) Hired under contracts valued below the simplified acquisition threshold;

(B) Who will be performing in the CENTCOM AOR less than 30 continuous days; or

(C) Who, while afloat, are tracked by the Diary message Reporting System.

(3) Follow these steps to register in and use SPOT:

1 Hyperlink to http://www.acq.osd.mil/log/PS/spot.html http://www.acq.osd.mil/log/PS/spot.html

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(i) SPOT registration requires one of the following login methods:

(A) A Common Access Card (CAC) or a SPOT-approved digital certificate; or

(B) A Government-sponsored SPOT user ID and password. This type of log-in method is only allowed for those individuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT Program Management Office approval.

(ii) To register in SPOT:

(A) Contractor company administrators should register for a SPOT account at https://spot.dmdc.mil; and

(B) The customer support team must validate user need. This process may take two business days. Company supervisors will be contacted to validate Contractor company administrator account requests and determine the appropriate level of user access.

(iii) Upon approval, all users will access SPOT at https://spot.dmdc.mil/ .

(iv)(A) Refer SPOT application assistance questions to the Customer Support Team at—

(1) Phone: 703-578-5407, DSN 312-698-5407; or

(2) Email: dodhra.beau-alex.dmdc.mbx.spot-helpdesk@mail.mil.

(B) Refer to the SPOT OSD Program Support website at http://www.acq.osd.mil/log/PS/spot.html for additional training resources and documentation regarding registration for and use of SPOT.

(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 https://spot.dmdc.mil/ https://spot.dmdc.mil/ mailto:dodhra.beau-alex.dmdc.mbx.spot-helpdesk@mail.mil http://www.acq.osd.mil/log/PS/spot.html

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 11 of 53 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 USCENTCOM AOR 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. 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;

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(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) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the USCENTCOM AOR.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the USCENTCOM AOR whose 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) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site.

Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 13 of 53 paragraph (q), in all subcontracts when subcontractor personnel are performing in the USCENTCOM

AOR.

6. On page 45 of the SOLICITATION, add the following two (2) clauses:

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION

2015-O0016) (SEP 2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov —

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

252.225-7981 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS (OTHER THAN USCENTCOM)(DEVIATION 2015-O0016) (SEP 2015)

http://www.sam.gov/

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(a) In addition to any other existing examination-of-records authority, the Government is authorized to examine any records of the Contractor and its subcontractors to the extent necessary to ensure that funds, including supplies and services, available under this contract are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

7. All references to the following terms or characters shall be revised in the various solicitation documents as indicated below:

Document Term/Character Revision 1 Solicitation Attachment 1, pages 1-prime vendor Prime Vendor

2 Solicitation Attachment 1, pages 1-b-monthly bi-monthly

3 Solicitation Attachment 1, pages 1-

D0D DoD

4 Solicitation Attachment 1, pages 1-

AWRD Award

5 Solicitation Attachment 1, pages 1-

UBSISTENCE SUBSISTENCE

6 Amendment 0002, page 2, Market Basket – Prepopulated or Calculated Fields table, Column O/P/Q/R, last character in the Description column

“)” Delete the “)” character

7 Amendment 0002, page 3, Market Basket – Prepopulated or Calculated Fields table, Column T/U/V/W, last character in the Description column

“)” Delete the “) character

8 Amendment 0002, page 3, Market Basket – Prepopulated or Calculated Fields table, Column Y/Z/AA/AB, description column language

Column AB Annual Product Price for and Iraq non-standard for air movement, respectively)

Column AB Annual Product Price for Iraq Non-Standard Distribution Quantity for Commercial Air Movement to Iraq, respectively

9 Amendment 0002, page 3, Market Basket – Prepopulated or Calculated Fields table, Column Y/Z/AA/AB, description column language

Column AB Annual Product Price for and Iraq non-standard for air movement, respectively)

Column AB Annual Product Price for Iraq Non-Standard Distribution Quantity for Commercial Air Movement to Iraq, respectively

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8. On page 24 of the Solicitation Attachment 1, delete and replace paragraph “F” as follows:

The Prime Vendor will be required to procure and perform delivery of pork items to DoD and other federal customers within the regions covered by the contract. It is the Prime Vendor’s sole responsibility to determine how to satisfy this requirement. Regardless of how the Prime Vendor satisfies the requirement, it is incumbent on the Prime Vendor to abide by all local laws and customs.

Customers in Jordan do not currently require the delivery of pork items, however, the Prime Vendor may be required to procure and perform delivery of pork items to Jordan customers in the future.

9. On pages 46-60 of the Solicitation Attachment 1, delete and replace paragraph “H” as follows:

H. PRIVATE CONVOY SECURITY IN IRAQ (i.e. Security not provided by the U.S.

Government)

All shipments to Iraq must be accompanied by private security unless otherwise approved by the Contracting Officer based on conditions on the ground. A number of procedures are required for this process and can change per military direction. Below describes the general course of events required:

1. Objectives The Prime Vendor shall perform sole security services within the borders of Iraq. In the event the requirement changes from armed to unarmed escorts, notification and approval will be made by the Contracting Officer. The Prime Vendor shall furnish all labor, equipment, weapons and ammunition. All equipment purchased by the Prime Vendor will remain as Contractor Furnished Equipment (“CFE”). All personnel, equipment, vehicles, communications systems, safety equipment, supplies, and other resources shall be routinely trained and maintained in a state of readiness to perform the duties and responsibilities set forth in this Performance Work Statement/Statement of Work (“PWS/SOW”). The Prime Vendor shall configure its resources such that there are no gaps in service. The Prime Vendor shall be flexible enough to handle surges in support of additional security requirements, yet be prepared to support downsizing where needed, at the direction of the Contracting Officer. The decision on downsizing services rests solely with the Government. The Prime Vendor shall be responsible for execution of downsizing at the direction of the Government, specifically written guidance provided by the Contracting Officer.

2. Arming Authority Documentation Arming Authority is mandatory for all services performed under this contract that require the Prime Vendor’s employees or subcontractor’s employees to carry a weapon. Arming Authority shall be requested and approved prior to the Prime Vendor providing armed security services. Personal weapons are not authorized under this contract. All arming requirements, weapons and ammunition utilized in support of this requirement shall be in accordance with this solicitation, contract, and any specific guidance provided by the

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Contracting Officer. The Prime Vendor and all subcontractors at all tiers that require Arming Approval shall provide to the Arming Approval Authority via the Contracting Officer Representative (“COR”) documentation (signed by employee and employer) for each employee who will be armed under the contract as follows:

i. Weapons Qualification/Familiarization. All employees must meet the weapons qualification requirement on the requested weapon(s) established by any DoD or other US Government agency, Law of Armed Conflict (“LOAC”), Rules for the Use of Force (“RUF”), as defined in the US CENTCOM Policy, dated 18 Jan 2011, and distinction between the prescribed RUF and Rules of Engagement (“ROE”), which are applicable to US Military forces solely.

ii. Completed DD Form 2760 (or equivalent documentation) for each armed employee, indicating that the employee is not otherwise prohibited under US laws from possessing the required weapon or ammunition.

iii. Written acknowledgement by the individual of the completion of training requirements and the understanding of the conditions for the authorization to carry firearms. This document includes the acknowledgement of the distinctions between ROE applicable to military forces and RUF that control the use of weapons by DoD civilians, DoD Contractors and Private Security Contractors (“PSCs”).

iv. Written acknowledgement signed by the armed employee and a representative of the Prime Vendor and any subcontractor involved in the furnishing of private security that use of weapons could subject both the individual and the Prime Vendor and its subcontractors to U.S. and Host Nation prosecution and civil liability.

v. A copy of the contract between the Prime Vendor and the Private Security Sub-Contractor that verifies the individual’s employment and addresses the need to be armed.

vi. One copy of a business license from the Iraqi Ministry of Trade.

vii. One copy of a license to operate as a PSC (or a temporary license) from the Iraqi Ministry of Interior.

viii. Business and/or operating licenses from the Kurdistan Regional Government Ministry of Interior.

3. Weapons The Private Security Subcontractor must have Arming Authority for the possession of firearms. Whether contractor personnel will be permitted to carry a government approved weapon for self-defense purposes on a particular customer base is at the discretion of the base Commander. When accepted, the subcontractor’s employee is responsible for using the weapon in accordance with the applicable rules governing the use of force. The subcontractor’s employee must be aware that they may incur civil

SPE300-15-R-0042 Amendment 0003 – Attachment 1 Page 17 of 53 and/or criminal liability, both under host nation law or U.S. criminal and civil law, for improper or illegal use of the weapons. Unless otherwise stated in the contract, the US Government will not provide any weapons or ammunition to a Prime Vendor, its subcontractors, or any employees of the same. The Private Security Subcontractor will provide all weapons and ammunition to those employees that will be armed under this contract, as Contractor Furnished Equipment. The Private Security Subcontractor will also provide interceptor body armor, ballistic helmets, and the Nuclear, Biological, and Chemical (“NBC”) protective masks to those employees that require such equipment in the performance of this contract. Personal weapons are not authorized under this contract. All arming requirements, weapons and ammunition utilized in support of this requirement shall be in accordance with this Solicitation, Contract and any Modification specific guidance. Unless the Deputy Combatant Commander (“DCDR”) USCENTCOM (or a designee) expressly provides otherwise, all arming requests and authorizations for Prime Vendor or subcontractor employees under this contract shall be limited to US Government approved weapons and ammunition. Notwithstanding Host Nation Laws or regulations that would allow use of heavier weapons by contract security, the Private Security Subcontractor must have weapons approved by DCDR USCENTCOM (or a designee) before use. This restriction applies to all weapons in the possession of the Private Security Subcontractor employees, even if such weapons are required for personal protection. The following weapons and ammunition are currently authorized by the U.S.

Government for use within Iraq:

i. The M9, M4, M16, or equivalent (e.g. .45 CAL, AK-47).

ii. The M9 or equivalent sidearm will be the standard personal protection weapon unless other weapons are specifically requested and approved.

iii. Crew served weapons/RPKs.

iv. US Government ball ammunition is the standard approved ammunition. Any change in the standard of ammunition approved will be defined at the Modification level.

v. Prime Vendor and its employees or those of its subcontractors performing requirements in support of Gulf Region District or Middle East District are authorized to use: Glock 17/19 9mm Pistol; M4 5.56mm Assault Rifle; Minimi 5.56mm Light Machine Gun; 16mm Mini Flares; 5.56mm Ball, Tracer and Link Ammunition; 7.62mm Short and Long Ball and Link Ammunition; and 9mm Ammunition.

4. Requirements for Individual Weapons Possession All employees of the Prime Vendor and its subcontractors at all tiers who are authorized to be armed under this contract must:

i. Possess only those US Government approved weapons and ammunition for which they are qualified under the training requirements and subsequently authorized to carry.

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ii. Carry weapons only when on duty or at a specific post.

iii. Not conceal any weapons, unless specifically authorized.

iv. Carry proof of authorization to be armed. Employees not possessing such proof will be deemed unauthorized and must surrender their weapon to their employer.

v. In accordance with USCENTCOM General Order #1, consumption of alcohol in Iraq is prohibited. In the event of a suspension or an exception to General Order #1, employees shall not consume any alcoholic beverage while armed or within eight (8) hours of the next work period when they will be armed. There are no circumstances under which a Prime Vendor or its subcontractor’s employee will be authorized to consume any alcoholic beverage when armed for Convoy Escort Team (“CET”) duty.

If any weapons are provided as Government Furnished, prior to that occurring, the Government will provide Prime Vendor or its subcontractors’ employees with weapons familiarization training commensurate to training provided to DoD civilian employees.

The Office of Security Operation-Iraq (“OSC-I”) Commander is responsible to ensure that armed contractors receive training in the rules of engagement, the rules governing the use of force, and the law of war. The Prime Vendor shall ensure that its employees adhere to all guidance and orders issued by the OSC-I Commander or his/her representative regarding possession, use, safety and accountability of weapons and ammunition. In the event that the Government issues the weapons and ammunition upon redeployment or notification by the Government, the Prime Vendor shall ensure that all government issued weapons and ammunition are returned to Government control. The Prime Vendor shall screen employees, and subcontractors, to ensure that employees may be issued a weapon in accordance with U.S. or applicable host nation laws. Evidence of screening will be presented to the Contracting Officer. The Prime Vendor shall maintain arming authority and submit an arming packet to the Civilian Arming Program OSC-I Armed Contractor Oversight Division (“ACOD”) Office for approval to carry weapons in accordance with USF-I FRAGO 11-01.

5. Required Training and Documentation The Prime Vendor and its subcontractor(s) shall not be permitted to carry weapons until required acknowledgement forms and information are received, found acceptable by OSC-I Office, and arming authorization is granted by OSC-I. The Prime Vendor will provide required training, documentation and acknowledgements for each employee hired to the Contracting Officer or designated representative, unless otherwise agreed to by the

Failure to successfully retrain an employee who has been properly authorized to be armed under this contract within 12 months of the last training date will constitute a lapse in the employee’s authorization to possess and carry a weapon. All unauthorized employees will immediately surrender their weapon and authorization letter to the Prime Vendor and will remain unarmed until such time as they are retrained and newly approved by the

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Arming Authority. Additionally, the Arming Authority’s authorization letter is valid for a maximum of 12 months from the date of the prior letter (unless authorization is earlier invalidated by a lapse in training). A favorable fitness determination for deployable employees must be made prior to deployment. Prime Vendor and its subcontractor personnel who deploy for multiple tours, for more than 12 months total, must be re-evaluated annually for fitness to deploy. An examination will remain valid for 15 months from the date of the physical.

6. Weapons Training The Prime Vendor shall provide individual weapons qualification training for all employees assigned weapons under this contract to include battle-sight zero. Training will be accomplished to U.S. Army weapons qualification standards for U.S. type weapons. For non-U.S. weapons, the Prime Vendor must submit qualification requirements for approval to the OSC-I or designated representative. Weapons training will be documented on weapons qualification forms DA Form 88-R and DA Form 3595- R and placed into the employee’s training record. Unsatisfactory employee qualification results shall be reported to the Contracting Officer immediately. Training will be conducted on a repetitive basis at least monthly.

7. Live Fire Training The Prime Vendor and its subcontractor(s) employees must follow local command procedures and coordination requirements when utilizing and/or operating a live fire range in Iraq. Range information and questions should be addressed to OSC-I for scheduling routine weapons training for security personnel.

8. Synchronized Pre-deployment Operational Tracker (SPOT) See 252.225-7995(g)(3). The Prime Vendor is responsible to enter, exit, and seek approval from the Contracting Officer for all personnel in a timely manner at all tiers.

9. Light Armored Vehicles (“LAVs”)

a. Specifications All LAVs will be diesel powered and equipped with two spare run flats.

The Prime Vendor shall utilize four door SUV style 2010 or newer LAVs of a make and model with four wheel drive. The Prime Vendor shall utilize LAVs with protection in accordance with National Institute of Justice (“NIJ”) Level 3 (B6) protection (this shall…