Attachment_0019_-_Special_Contract_Requirements.pdf

ACC-A Special Requirements 27 Jan 2018

1. Special Contract Requirements

a. Definitions:

“Discrimination” includes discrimination on the basis of race, color, national origin, religion, sex.

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

“Sexual Harassment” is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career, or

(2) Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person, or

(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment. This definition emphasizes that workplace conduct, to be actionable as "abusive work environment" harassment, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment as hostile or offensive. Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of an employee is engaging in sexual harassment. Similarly, any employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature in the workplace is also engaging in sexual harassment.

2. Compliance with laws and regulations.

(a) The Contractor shall enforce standards for discipline, appearance, conduct, and courtesy IAW the published CENTCOM, USFOR-A and/or Base Commander Standards. For Contractors at Bagram Airfield (BAF) or for contractors transiting BAF, they must abide by the Commander Bagram Airfield (COMBAF) Standards of Conduct while performing at any level (prime or subcontractor) on BAF and any other installation

ACC-A Special Requirements 27 Jan 2018 and facility for which COMBAF standards are applicable, and as designated applicable to contractor personnel. COMBAF Standards are published at:

http://usfora.afghan.swa.army.mil/baf/des/pmo/Shared%20Documents/COMBAF%20St andards%20Book%20as%20of%208OCT17.pdf#search=COMBAF%20Standards.

(b) The Contractor is encouraged to resolve issues and concerns affecting discipline, appearance, conduct and courtesy in order to maintain good order and discipline and promote a positive work environment. The Contractor shall:

(1) Ensure employees are aware of their right to file a complaint of discrimination with their Human Resources office, the Contractor’s Equal Employment Opportunity (EEO) Manager if any, and/or directly to the Equal Employment Opportunity Commission (EEOC).

(2) Ensure employees are aware that they can report discrimination to the

Contracting Officer, however a complaint of harassment can only be filed with the entities listed in paragraph 2b(1) above.

(3) Upon learning of an alleged (or actual) sexual assault, sexual harassment, hostile or abusive conduct, the Contractor shall immediately contact the Provost Marshal and follow-up with a Serious Incident Report in accordance with CDRL A00X.

3. Sexual Assault/Sexual Harassment and Awareness Policy.

(a) The contractor shall have a written sexual assault/sexual harassment policy published to all employees that addresses, at a minimum, the following: (i) the definitions of sexual assault and sexual harassment as defined above in paragraph 1a;

(ii) a description of sexual harassment (iii) the Company’s internal complaint process and the company’s internal process for adjudication; (iv) the available channels through which an employee can report a sexual assault; and (v) protection against retaliation, coercion, and reprisal.

(b) The policy shall address that victims of sexual assault shall be protected, treated with dignity and respect, and shall receive timely access to comprehensive healthcare (medical and mental health) treatment, including emergency care treatment and services. Emergency care consists of emergency healthcare and the offer of a sexual assault forensic examination (SAFE) consistent with the Department of Justice protocol. The victim shall be advised that even if a SAFE is declined, the victim is encouraged (but not mandated) to seek medical care. Contractor employees are only eligible to file an Unrestricted Report. Contractor employees will also be offered LIMITED Sexual Assault Prevention and Response or SAPR services, meaning the assistance of a Sexual Assault Response Coordinator (SARC) and a SAPR Victim Advocate (VA) while undergoing emergency care OCONUS. These limited emergency medical services (at a Military Treatment Facility) and SAPR services shall be provided at no cost by the USG to all DoD contractor personnel. Limited medical services are: a SAFE exam and consultation regarding further care in accordance with DoDI 6495.02.

http://usfora.afghan.swa.army.mil/baf/des/pmo/Shared%20Documents/COMBAF%20Standards%20Book%20as%20of%208OCT17.pdf#search=COMBAF%20Standards http://usfora.afghan.swa.army.mil/baf/des/pmo/Shared%20Documents/COMBAF%20Standards%20Book%20as%20of%208OCT17.pdf#search=COMBAF%20Standards

ACC-A Special Requirements 27 Jan 2018

(c) The contractor shall designate an employee credentialed in Victim Advocacy as the company POC (for more information regarding credentialing as a Victim Advocate visit the National Advocate Credentialing Program (NACP): https://www.thenacp.org/).

(d) The Contractor shall provide a Sexual Assault/Sexual Harassment and Awareness Training Plan in accordance with CDRL A00X.

4. CRC Processing and departure points.

(a) Upon contract award the Contractor will coordinate with CRC reservations for in-bound personnel (see: https://www.bliss.army.mil/CRC/).

(b) All US personnel shall report to the Continental US (CONUS) Replacement

Center (CRC) at Ft. Bliss, Texas (or a DoD-approved equivalent process), for processing.

(c) All OCN personnel shall process through an DoD approved Non-CRC deployment center.

5. Medical. The current medical screening, immunization, and vaccination requirements i.e. CENTCOM MOD 13, can be found at the Electronic Foreign Clearance Guide: https://www.fcg.pentagon.mil/fcg.cfm.

6. Subcontracts: The Contractor shall incorporate the substance of this Special Contract requirement in all subcontracts when performance is in the CJOA-A.

https://www.thenacp.org/ https://www.bliss.army.mil/CRC/ https://www.fcg.pentagon.mil/fcg.cfm