Attachment_0008_-_Additional_Performance_Directives_10_March_2017.pdf

Solicitation W52P1J-16-R-0050, Attachment 0008 - Additional Performance Directives

1. DANGER PAY. Costs for Danger Pay as an uplift in employee compensation will be in accordance with the most recent version of Section 920 of the Department of State Regulations on Danger Pay, Post Differential, Living Quarters Allowance, etc. and must meet the cost principles of FAR Part 31. Currently, the rate for Danger Pay in Kuwait is 0%, the rate for Danger Pay in Afghanistan is 35% and the rate for Danger Pay in Iraq is 35%. The use of Danger Pay as an uplift is restricted to U.S. citizens/expatriates.

2. MATERIALS AND EQUIPMENT. The Contractor shall always maximize the use of GFE. When GFE is not available, all commercial equipment necessary to satisfy the terms and conditions of this PWS shall be submitted to the COR for recommendation and approval by PCO prior to purchase or lease by the Contractor. The Contractor shall be required to establish a Department of Defense Activity Address Code (DODAAC) in order for supplies to be ordered through the Government Supply System or approved for local purchase by the PCO on a Material Requisition Form (valued over $5,000.00).

The Contractor is prohibited from splitting requirements in order to be below the $5,000.00 threshold.

3. SPONSORSHIP. The Contractor shall obtain local sponsorship as required for all personnel for the purpose of providing in country legal representation, work visas and resolution of other personal business or domestics matters, in compliance with host nation labor laws.

4. PRE-EMPLOYMENT SECURITY AND BACKGROUND CHECKS. The Contractor shall be responsible for performing employment background/record checks on all Contractor employees, to include Third Country Nationals (TCN)/Foreign Nationals (FN). The Government may also perform a background/records check on Contractor employees. The Contractor shall not allow employees to perform duties under this contract if the check reveals sufficient derogatory information to consider that employee unfit for work in support of this contract. The Contractor shall perform pre-employment records checks on all Contractor employees to include all FNs. The Contractor shall share all negative findings with the Contracting Officer or their designee prior to hiring the individual in question. The Contractor shall not hire employees to perform duties under this contract if the pre-employment records check reveals derogatory information or otherwise indicates the potential employee is unfit for work in support of this contract.

The Government reserves the right to conduct independent background/records checks on Contractor personnel, and the Government reserves the unilateral right of first refusal of all Contractor employees who will be primarily assigned to a work location onboard a US installation. If negative or derogatory information is discovered subsequent to the hiring of a Contractor employee, the Government reserves the right to have that employee removed from performance of this contract at no cost. The Contractor shall not allow any employee who has possession of or who is under the influence of alcohol or other illegal substances to perform work. Host Nation and/or Government rules, regulations, laws, directives and requirements which are issued during the contract term relating to law and order, administration and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation or who travel using Government transportation. The USG will not reimburse the contract for any fines/fees/costs associated with criminal conduct of its employees. Violation of such rules, regulations, laws, directives or requirements shall be grounds for removal (permanent or temporary as the Government determines) from the work site.

5. CURRENCY. Payments made against this contract will be paid in U.S. currency (dollars).

6. PROCESSING AND DEPARTURE. The Contractor is not required to depart the U.S.

or another country through a central departure point. That notwithstanding, before contractor personnel depart from the U.S. or another country, and before contractor personnel residing in Kuwait begin contract performance in Kuwait, the Contractor shall be compliant with the provisions of DFARS 252.225-7995, Deviation 2015-O0009, (Contractor Personnel Performing in the United States Central Command Area of responsibility). New employees not currently in the Kuwait Area of Responsibility must go through CRC. Existing employees in Kuwait may not have to re-process through

CRC.

7. LIFE SUPPORT. Contractors are responsible for providing all aspects of Life Support for Contractor employees including, but not limited to, housing and transportation within Kuwait and transportation to and from Kuwait, medical or dental care (if provided for under employee benefits). Contractors are not allowed residence on any military installation within Kuwait. Contractor primary healthcare is not authorized in military treatment facilities in Kuwait. The Government will provide only resuscitative/emergency medical care to contractor employees. (Reference DODI 3020.41, Operational Contract Support (OCS), December 2011).

8. BILLETING. As a general rule, billeting is not available to Contractors in Kuwait. On an exception basis, Contractors may be permitted to use Government Billeting if a critical need by the Government exists and approval is granted by the Base Commander as recommended by the Base Mayor's Cell.

9. GOVERNMENT PROVIDED MEALS. Dining facilities (DFACs) are available and authorized for contractor use. Contractor employees choosing to consume their meals at the DFACs shall be required to pay the established meal rates for all meals consumed. All Contractors must utilize the Eagle Cash System to pay for their meals within country/place of performance.

10. TRASH REMOVAL. The Contractor shall obey all Kuwait and U.S. laws regarding secondary containment, environmental training, and proper disposal of HAZMAT, debris, or refuse from the installation. The Contractor shall dump waste in Kuwait Government approved sites and comply with Kuwait environmental laws.

11. FORCE PROTECTION. While performing duties IAW the terms and conditions of the contract, the Service Theater Commander will provide force protection to contractor employees commensurate with that given to Service/Agency (e.g., Army, Navy, Air Force, Marine, DLA, DCMA, etc.) civilians in the operations area.

12. CONTRACTOR HEALTH AND SAFETY.

(a) Contractors shall comply with National Electrical Code (NEC) 2011 for repairs and upgrades to existing construction and NEC 2014 standards shall apply for new construction, contract specifications, and MIL Standards/Regulations. Contractors shall also comply with the guidelines set forth by the Kuwaiti Ministry of Electric and Waterworks (MEW). All infrastructure to include, but not limited to, living quarters, showers, and restrooms shall be installed and maintained in compliance with these standards and must be properly supported and staffed to ensure perpetual Code compliance, prevent hazards and to quickly correct any hazards to maximize safety of those who use or work at the infrastructure. The U.S. Government has the authority to enter and inspect Contractor employee living quarters at any time to ensure the Prime Contractor is complying with safety compliance standards.

(b) The Contractor shall correct all deficiencies within a reasonable amount of time of becoming aware of the deficiency either by notice from the Government or a third party, or by self discover of the deficiency by the Contractor. Further guidance can be found on:

UFC: http://www.wbdg.org/ccb.browse_cat.php?o=29&c=4 NFPA 70: http://www.nfpa.org/ NESC: http://www.standards.ieee.org/nesc

13. PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING

CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS. TRAFFICKING

IN PERSONS (TIP). Contractor employees and subcontractor employees performing under this contract shall comply with all DoD TIPs policies. Contractor employees are subject to the Prescriptions and remedies at FAR Clause 52.222-50 and the terms and conditions stated herein.

Trafficking in Persons (TIP). Contractor employees and subcontractor employees performing under this contract shall comply with all DOD and TIP policies. LOGAUTO has a more stringent position than federal requirements regarding TIP. Contractor employees and subcontractor employees are subject to prescriptions and remedies at FAR Clause 52.222-50 and the terms and conditions stated therein.

Contractor shall adhere to and abide by all Kuwait or other country/place of performance Labor Laws during the performance of this contract.

For the duration of the contract, the Contractor shall ensure all wages earned (hourly, weekly, monthly, yearly), to include benefits and allowances, or any type of debt bondage arrangement in effect between the Contractor and employee, are included in each employee’s contract. Contractor shall specify the compensation rate to be earned for hours in excess a normal work week within the employment contract.

Contractor shall specify the type or description of work to be performed and the job site location.

Contractor shall provide transportation costs from country of origin to place of employment, including repatriation.

Contractor shall include a detailed description of the type of job site berthing accommodations available to the employees within the employment contract.

Contractor shall provide non-cash compensation and benefits, to include meals and accommodations.

Contractor shall ensure employees have injury and sickness compensation insurance for emergency medical and dental care.

Contractor shall clearly define valid grounds for termination within the employment contract.

Contractor shall include dispute settlement provisions within the employment contract.

Housing Standards. The Contractor shall comply with the following minimum housing accommodations standards:

(1) Housing provided to all employees shall be no less than 50 square feet per person.

(2) Cafeteria or common use kitchen will be provided to all employees. Common use kitchens will service no more than 25 workers per kitchen.

(3) Each room shall be furnished at a minimum with the following:

(i) Room light.

(ii) One bed per individual.

(iii) One storage device that can be secured; a footlocker with hasp for lock, minimum size of at least 3 cubic feet.

(iv) A laundry facility or laundry service.

(v) Cleaning supplies.

(4) Monthly inspections of living conditions of all Contractor and subcontractor employees. A copy of the inspection report shall be provided to the ACO/COR. The inspection report shall, at a minimum, contain the following inspection criteria:

(i) Compliance with minimum housing accommodation standards.

(ii) Functioning appliances and the projected time for repair for any non-functioning appliances.

(iii) The findings of Quarterly Health and Welfare inspections on personnel and accommodations.

Contractor Shall Post Human Trafficking Hotline Posters in English and all employee languages in all living quarters. At a minimum, the poster shall include the Contracting Commands Hotline complaint number DSN 318-430-4985 or 389-4985.

Violations. Violation of the TIP policy shall result in actions taken against the Contractor or its employees. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment at no cost to the U.S.

Government.

Notification. Contractor shall inform the PCO immediately of any information received from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates TIP policies, and any actions taken against Contractor or subcontractor employees pursuant to FAR Clause entitled Combating Trafficking in Persons.

Remedies. In addition to other remedies available to the U.S. Government, the Contractor's failure to comply with TIP policy may render the Contractor subject to the following at no cost to the U.S. Government:

(1) Required removal of a Contractor employee or employees from the performance of the contract.

(2) Required subcontractor termination.

(3) Suspension of contract payments.

(4) Loss of fee, consistent with the fee plan, for the performance period in which the U.S. Government determined Contractor non-compliance.

(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract.

(6) Suspension or debarment.

Subcontracts. Contractor shall flow-down to its subcontracts the terms and conditions of this paragraph IAW Host Nation laws, regulatory guidance, DOD, and FAR clauses referenced herein.

14. CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES. Contractor shall comply with the requirement in DoDI 1100.22 relating to the performance of Continuation of Essential DoD Contractor Services During Crisis, including but not limited to providing a plan identifying how the Contractor will ensure the continuation of Mission Essential Services and identifying those personnel performing such services.

15. MARKING OF PROPRIETARY INFORMATION. The Contractor shall NOT mark any data provided to the USG under this contract as proprietary; this includes records, files, memoranda, reports, listings, SOPs, plans, programs, studies, tests, property listings, etc., or any other data acquired or produced by the Contractor in support of this contract. Further, IAW with DFARS 252.227-7013, the Government shall have unlimited rights to all technical data produced or obtained by the Contractor under the terms of this contract. As such, the Contractor shall not place proprietary markings on any documents to which the Government has unlimited rights. (Reference 252.227-7013)

16. NON-PERSONAL SERVICES. It is expressly agreed and understood that this is a non-personal services contract, as defined in FAR 37.101, under which the services rendered by the Contractor are provided in its capacity as an independent Contractor.

17. ORGANIZATIONAL CONFLICT OF INTEREST (OCI). It is not anticipated that the services provided under this solicitation offer the potential for OCIs. Although no instances of actual or potential OCI have been identified at this time, Contractors shall closely monitor potential OCI issues, such as subcontracts to subsidiaries, and shall report all instances of actual or potential OCIs to the Contracting Officer. Other examples of OCI include, but are not limited to, impaired objectivity, proprietary information obtained from a Government official without proper authorization, and use of biased ground rules relative to subcontracting. If the Contracting Officer determines that an actual or OCI exists, the Contractor will be required to take the actions necessary to mitigate or eliminate the conflict.

18. TRAFFIC VIOLATIONS. The U.S. Government will not pay traffic fines or other legal fees, criminal in nature; as this is a form of punishment under Host Nation Law. If violations of Host Nation Law occur, written notices, legal documentation, tickets, etc.

will be used by the U.S. Military as evidence against the personnel involved. The U.S.

Government will not reimburse the Contractor for any traffic fines, to include parking tickets.

19. COMPLIANCE WITH CONTRACT REQUIREMENTS.

(a) The Contractor shall establish and maintain an adequate accounting system for determining costs applicable to this contractor for the duration of contract performance.

(b) The Contractor shall ensure compliance with all contract requirements. An election to perform by subcontract (at any tier) or otherwise does not relieve the prime Contractor of its responsibilities to ensure compliance with the contractual requirements.

(c) The Government shall also have the right to use any and all data delivered to further the efficient prosecution of the contingency within the protections afforded under the Trade Secrets Act (18 USC 1905).

20. COMPENSATION COSTS. In the event the Contractor must pay additional compensation above that established by the Department of State standards for DOD civilians to retain or obtain personnel to perform in theater of operations during a declared contingency, the Contractor must obtain prior approval from the PCO before incurring any additional compensation costs. The Contractor shall furnish a proper business case analysis to the PCO to substantiate any adjustment to the contract. Any such increases shall not be subject to fee.

21. ON-CALL DUTY OR EXTENDED HOURS.

(a) The Contractor shall be available to work extended hours to perform mission essential tasks, as directed by the Contracting Officer.

(b) The Contractor shall be available to work on-call to perform mission essential tasks, as directed by the Contracting Officer.

(c) The Contracting Officer, or his/her designated representative, will identify the parameters of on-call duty, as necessary.

22. CONTRACTOR EMPLOYEES. For the purpose of this contract, the term Contractor employee applies to all Contractor employees and subcontractor employees performing work under this contract.

23. ELECTRONIC INVOICING AND PAYMENT. Wide Area Work Flow Receipt and Acceptance (WAWF-RA) Program. The successful offeror shall comply with the clause 252.232-7006, US Army Sustainment Command Implementation of Wide Area Work Flow Receipt and Acceptance (WAWF-RA) for Electronic Processing of Payment Receipt /Acceptance Documents and Payment. Offeror must be capable of accepting electronic funds payment for this procurement. (Reference 252.232-7006.)

24. MEDICAL. At its discretion, the USG may provide to Contractor employees in the theater of operations, on a cost reimbursable basis, emergency medical and dental care commensurate with the care provided to Department of Defense civilian deployed in the theater of operations. This does not include local nationals under normal circumstances.

Departing civilian Contractor personnel shall carry with them a minimum of a 90-day supply of any medication they require.

25. WORKER'S COMPENSATION INSURANCE. The Contractor shall ensure workers compensation insurance under the Defense Base Act is provided to its employees in the theater of operations, unless a proper waiver has been obtained. (Reference 52.228-3)

26. 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 U.S. Army via a secure data collection site.

The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. 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 by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components CMR website.

27. CONTRACTOR PERFORMANCE INFORMATION.

The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) Performance meets contractual requirements and exceeds many to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good (Purple) Performance meets contractual requirements and exceeds some to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory (Green) Performance meets contractual requirements. The contractual performance of the element or sub element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal (Yellow) Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractors proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory (Red) Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractors corrective actions appear or were ineffective.

The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-90.

28. AMC-LEVEL PROTEST PROGRAM.

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures.

29. DISCLOSURE OF UNIT PRICES.

Unless the offeror notifies the contracting officer, prior to submission of its initial proposal, of an objection to disclosure of its unit price, it is the Government's intent to publicly release (which would include, but is not limited to, a public award synopsis, contractor debrief, procurement history web posting, or Freedom of Information Act (FOIA) request) the unit price(s) stated in the contract awarded under this solicitation.

Any objection must be submitted in writing, providing a detailed explanation of how release of the awarded unit price would result in a substantial competitive harm to the contractor. Objections will be reviewed to determine whether harm has been substantiated. Failure to timely notify the contracting officer waives any objection to disclosure of the unit price. A "unit price" is defined as the specified amount to be paid by the Government for the goods or services stated per unit, contract line item, or separately identified contract deliverable. The term "unit price" does not include any information on how the unit price was determined. This constitutes notification pursuant to Executive Order 12600.