Attachment_0005_-_Additional_Performance_Directives_06Feb2018.pdf

Solicitation W52P1J-17-R-0111, Attachment 0005

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. The use of Danger Pay as an uplift is restricted to U.S. citizens/expatriates.

2. 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.

3. 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.

4. 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.

5. 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.

6. MARKING 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 Section I, 252.227-7013)

7. 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 Section G, 252.232-7006.)

8. 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.

9. 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 begin contract performance, 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).

11. 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.

12. BILLETING. As a general rule, billeting is not available to Contractors. 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.

13. 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. A sample of Standard Meal Rates are as follows:

Breakfast: $3.45 Lunch: $5.60 Dinner: $4.85 Brunch: $6.25 Supper: $7.65 Holiday: $9.10 Midnight Meal: $3.45

14. TRASH REMOVAL. The Contractor shall obey all host nation 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 host nation Government approved sites and comply with host nation environmental laws.

15. COMPLIANCE WITH CONTRACT REQUIREMENTS. 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.

16. 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 Section I, 52.228-3)

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

18. 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.

19. Teaming Arrangements. The Government will recognize the integrity and validity of Contractor team arrangements; provided, the arrangements are identified and company relationships are fully disclosed in an offer or, for arrangements entered into after submission of an offer, before the arrangement becomes effective. The Government will not normally require or encourage the dissolution of Contractor team arrangements.

20. 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.

21. CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY

Requirements for Personnel Recovery (PR)/Survival, Evasion, Resistance, and Escape (SERE)/Isolated Preparation Report (ISOPREP). Personnel Recovery (PR) requirement is required for all US Nationals Deploying or deployed contractor personnel. Please note, this training is currently only required for U.S. National contractor personnel deploying within this Area of Responsibility (AOR). It is important to understand that this requirement applies to all U.S. National contractor personnel who work for the prime or any of the subcontract tier levels on this procurement. This training will be required to be taken annually. In accordance with DODD 3002.01E, Personnel Recovery in the Department of Defense, AR 525-28 dated 10 March 2010, PR training is a mandatory pre-deployment theater entrance training and certification requirement for this contract.

The Contractor is required to provide instruction and assurance of certification/compliance with the following DOD, DA, and HQ, AMC Personnel Recovery Training for all U.S. National employees: Personnel Recovery Tactics, Techniques, and Procedures (TTPs) Briefing, COCOM/Kuwait Specific/special instructions (SPINS) briefings identifying geographic, environmental, and socio/political aspects of the COCOMAOR, Anti-Terrorism-Force Protection (AT/FP) Level I Training, Survival, Evasion, Resistance and Escape (SERE) Level B Training, Civilian ISOPREP Card, and Registration in CHRA AutoNOA tool. Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number Contract Description & Location Company Name

Reporting party:

Name Phone number E-mail address

Victim:

Name Gender (Male/Female) Age Nationality Country of permanent residence

Incident:

Description Location Date and time

Other Pertinent Information:

22. 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), if applicable. 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

23. FAR 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Dec 2016), is hereby incorporated by reference.

24. Theater Business Clearance (TBC) is a two phase review process which provides Joint Force Commanders and the CENTCOM Contracting Commander visibility over all contracts and contractors performing work in their area of responsibility. TBC procedures apply to contracts with performance in or delivery of materials into Afghanistan and/or Iraq. TBC is no longer required for contracts performing in Kuwait and Pakistan.

TBC procedures apply in the following circumstances:

Contracts with a total aggregate value (base and all options) greater than or equal to $30K or which require contractor personnel to deploy personnel to Afghanistan/Iraq for a period for 30 days or longer. TBC applies even if the primary purpose of the contract is not performance in theater, such as field service representatives in support of program operations;

Contracts that require delivery of material to Afghanistan/Iraq under Free On Board (FOB) Destination terms using commercial transportation outside the Defense Transportation System; and/or

Contracts, whether currently being performed or newly awarded that authorize contractor personnel, including subcontractors at all tiers, to carry weapons in Afghanistan/Iraq, regardless of contract end date.

TBC Procedures and User Guide can be found at:

https://www2.centcom.mil/sites/contracts/Pages/Theater-Business-Clearance-(TBC)- External.aspx

Additional Guidance for Afghanistan: United States Forces-Afghanistan (USFOR-A) has implemented guidance revising the Theater Business Clearance (TBC) process for DoD contractors performing in Afghanistan.

All DoD contracts being performed in Afghanistan must have the following:

1. An in-country sponsor organization (should be the receiving organization for the contracted delivery, and be responsible for coordination with any CONUS requiring activities).

2. An in-country Contracting Officer Representative (COR), Contracting Officer Technical Representative (COTR), Government Technical Product Representative (GTPR)--(USFOR-A requires for all service, construction and research and development contracts) http://www.standards.ieee.org/nesc https://www2.centcom.mil/sites/contracts/Pages/Theater-Business-Clearance-(TBC)-External.aspx https://www2.centcom.mil/sites/contracts/Pages/Theater-Business-Clearance-(TBC)-External.aspx

3. Detailed approval from a designated in-country representative for all Government Furnished Life Support (GFLS). Effective immediately, completed forms are mandatory for all new requests for TBC approval. Forms can be found on the TBC Procedures website link listed in paragraph 5. Letters of Authorization for contractor personnel shall not be issued from SPOT without prior documented TBC approval.