Attachment II-MECS.pdf

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CONTRACTOR-OWNED, CONTRACTOR-OPERATED (COCO) FUEL STORAGE SERVICES IN DAVAO, PHILIPPINES
Solicitation number
SPE603-26-R-0522
Issued by

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This document is Amendment 0005 to contract SPE603-26-R-0522, establishing mission-essential contractor services requirements for a location in Davao, Philippines. The amendment incorporates DFARS clause 252.237-7023 regarding the continuation of essential contractor services and specifies that all or a portion of contractor services under this contract have been identified as essential in support of mission-essential functions, with details listed in Attachment I-PWS Section 1, dated June 1, 2026.

The contractor must maintain and update a Mission-Essential Contractor Services Plan approved by the Contracting Officer and participate in Government-directed training events, exercises, and drills to test continuity of operations procedures. During crisis situations as directed by the Contracting Officer, the contractor is responsible for performing all identified essential services in accordance with its approved plan. If the contractor anticipates inability to perform essential services during a crisis, it must notify the Contracting Officer expeditiously and use best efforts to cooperate with the Government to maintain continuity of operations. The Government reserves the right to use Federal employees, military personnel, other contractors, or new contracts to maintain essential services. The contractor must segregate and separately identify all costs incurred in continuing essential services during crises and notify the Contracting Officer of any cost increases or decreases within ninety days, proposing an equitable price adjustment for negotiation. The contractor must also include the substance of this clause in subcontracts for essential services.

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SPE603-26-R-0522 Amendment 0005 Attachment II-Mission Essential Contractor Services Details

Davao, Philippines

The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in Attachment I-PWS Section 1, Mission-Essential Contractor Services, dated June 1, 2026.

DFARS 252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

(OCT 2010)

(a) Definitions. As used in this clause–

(1) “Essential contractor service” means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) “Mission-essential functions” means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD’s ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in Attachment I-PWS Section 1, Mission-Essential Contractor Services, dated June 1, 2026.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential

SPE603-26-R-0522 Amendment 0005 Attachment II-Mission Essential Contractor Services Details

Davao, Philippines contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government’s efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor’s notice shall include the Contractor’s proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor’s proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of Clause)

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