W52P1J20R0093.pdf

SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

NOTE: In sealed bid solicitations ‘offer’ and ‘offeror’ mean ‘bid’ and ‘bidder’.

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

AWARD (To be completed by Government)

19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation

22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W52P1J-20-R-0093 X

2020OCT28

2020NOV3003:00pm

DOA6

2020OCT28 SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

ASHLEE G. ASPLUND

(309)782-2008

CCRI-VC

ASHLEE.G.ASPLUND.CIV@MAIL.MIL

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

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SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: ASHLEE G. ASPLUND

Buyer Office Symbol/Telephone Number: CCRI-VC/(309)782-2008

Type of Contract 1: Firm Fixed Price

Type of Contract 2: Cost Plus Fixed Fee

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

A.1. This Solicitation, W52P1J-20-R-0093, is issued as a competitive 8(a) set-aside for the procurement of Security and Access Control

Services in support of the United States Army Garrison- Kwajalein Atoll/Reagan Test Site (USAG-KA).

A.2. Performance of these services shall be in accordance with the Performance Work Statement (PWS) dated 7 October 2020, enclosed as

Attachment 0001 to this Solicitation.

A.3. The Contractor shall comply with all host nation laws, including labor laws, rules, and regulations, as well as all U.S. laws and regulations, whichever are more restrictive.

A.4. The North American Industry Classification System Code associated with this Solicitation is 561612, Security Guards and Patrol

Services.

A.5. The Government anticipates one award utilizing a hybrid type contract with Firm-Fixed-Price and Cost-Plus-Fixed-Fee Contract Line

Items.

A.6. Lowest Price Technically Acceptable Source Selection procedures in accordance with FAR 15.101-2 will be utilized to select the awardee. Award will be made by selecting the offer that is technically acceptable and provides the lowest total evaluated price with acceptable past performance.

A.7. Evaluation of proposals shall be in accordance with the criteria stated in Attachment 0003- Section M - Basis for Award.

A.8. The U.S. Government intends to award without discussions IAW FAR 52.215-1(f)(4). However, the U.S. Government reserves the right to open discussions if deemed necessary by the Contracting Officer. Therefore, Offerors shall ensure its initial proposal contains the best terms and that proposals are complete, including all fill-ins and blanks.

A.9. The Offeror's proposal shall be valid for 180 days after the closing date of this solicitation instead of the 60 days as stated on page one of this Solicitation, block 12.

A.10. All proposals shall be submitted in U.S. Dollars.

A.11. The anticipated Period of Performance will include one base year, four one-year option periods, and an evaluated six-month extension period under FAR 52.217-8, Option to Extend Services. Additionally, FAR 52.237-3, Continuity of Services, will be included in the resulting contract. The projected period of performance is as follows:

Base Year: Award Date + 364 Days after Award (DAA). Inclusive of a 60 day mobilization period.

Option Period 1: 366 DAA - 730 DAA

Option Period 2: 731 DAA - 1,096 DAA

Option Period 3: 1,097 DAA - 1,461 DAA

Option Period 4: 1,462 DAA - 1,826 DAA

Six Month Extension: 1,827 DAA - 2,006 DAA

A.12. This Solicitation is not yet funded and is subject to the availability of funds in accordance with FAR 52.232-18.

A.13 Since this contract is expected to exceed $10,000,000, Offerors shall be in compliance with the Equal Employment Opportunity (EEO) regulations before award of the resultant contract. Offerors must be on the Office of Federal Contract Compliance Program's National Pre-

Award Registry or provide verification of EEO compliance if requested by the Government. See https://www.dol.gov/agencies/ofccp/pre-award for more information. This registry is updated every two years and it does not provide information on the Parent Organization or other facility locations that have not been reviewed.

A.14. This Solicitation shall not be discussed with any individual representing the U.S. Government, in any capacity, except the

Procuring Contracting Officer, Danielle Gainey, or the Contract Specialist, Ashlee Asplund. Failure to adhere to this restriction may be grounds to declare a firm ineligible for consideration of any award resulting from this competitive acquisition.

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A.15. Comments and/or questions shall be directed in written English to the PCO and Contract Specialist. Please reference the

Solicitation number, W52P1J-20-R-0093, in the subject line of all correspondence pertaining to this Solicitation. POC: Danielle Gainey, danielle.m.gainey2.civ@mail.mil and Ashlee Asplund, ashlee.g.asplund.civ@mail.mil.

A.16. All questions regarding this Solicitation shall be submitted in accordance with paragraph A.15 no later than 12:00PM CT on 9

November 2020.

*** END OF NARRATIVE A0001 ***

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 BASE OPERATIONS

0001AA CHIEF OF SECURITY $ _________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AB CPT OF GUARDS $ _____________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AC LIEUTENANT $ __________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AD KENNEL MASTER $ _____________ __________________

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MOD/AMD

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AE SERGEANT $ ________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AF SGT K9 HANDLER $ ______________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AG BOAT OPERATOR $ _____________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

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0001AH SECURITY OFFICER $ ________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AJ INTERPRETER/RMI LIAISON $ _______________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AK PROPERTY CONTROL MANAGER $ ________________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AL HUMAN RELATIONS REPRESENTATIVE $ ______________________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

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MOD/AMD

Deliveries or Performance _________________________

0001AM ACCESS CONTROL OFFICER (DECKHAND) $ _________________________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0001AN ACCESS CONTROL OFFICER $ ______________________ __________________

SERVICE REQUESTED: BASE OPERATIONS

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0002 MISSION OPERATIONS

0002AA MISSION OPERATIONS SUPPORT $ __________________________ __________________

SERVICE REQUESTED: MISSION OPERATIONS

CLIN CONTRACT TYPE:

Cost Plus Fixed Fee

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

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MOD/AMD

0003 MOBILIZATION

0003AA 60 DAY MOBILIZATION- U.S. EXPAT $ _______________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0003AB 60 DAY MOBILIZATION- OTHER COUNTRY NATIONALS $ ____________________________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0003AC 60 DAY MOBILIZATION- LOCAL NATIONALS $ ____________________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0004 DEMOBILIZATION

0004AA DEMOBILIZATION- U.S. EXPAT $ __________________________ __________________

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SERVICE REQUESTED: DEMOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0004AB DEMOBILIZATION- OTHER COUNTRY NATIONALS $ _______________________________________ __________________

SERVICE REQUESTED: DEMOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0004AC DEMOBILIZATION- LOCAL NATIONALS $ _______________________________ __________________

SERVICE REQUESTED: DEMOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

0005 CONTRACT DATA REQUIREMENTS LIST (CDRL) $ ** NSP ** ______________________________________ __________________

SERVICE REQUESTED: CDRL

0006 CONTRACTOR MANPOWER REPORTING $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: CONTRACTOR MANPOWER REPORTING

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachment 0001- Performance Work Statement.

*** END OF NARRATIVE C0001 ***

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SECTION D - PACKAGING AND MARKING

Packaging and marking do not apply to this solicitation.

*** END OF NARRATIVE D0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG/1996

E-2 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR/1984

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SECTION F - DELIVERIES OR PERFORMANCE

This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

F-1 52.242-15 STOP-WORK ORDER (AUG 1989) -- ALTERNATE I (APR 1984) APR/1984

F-2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-3 52.247-34 F.O.B. DESTINATION NOV/1991

F-4 252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY AUG/2012

F-5 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT SEP/2000

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages relating to Firm Fixed Price CLINs. The liquidated damages for the firm fixed price positions would be the rate (Daily/Bi-Weekly/Monthly) of a given position and multiplied by the number of calendar days in which the delay occurs.

(b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and Service clause, the

Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract.

(End of Clause)

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SECTION G - CONTRACT ADMINISTRATION DATA

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

G-1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018

(a) Definitions. As used in this clause--

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2-in-1 Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

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WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC W52P1J

Admin DoDAAC TBD

Inspect By DoDAAC TBD

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Army Contracting Command- Rock Island Procuring Contracting Officer and Contract Specialist

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H0001 - Special Contract Requirements

H.1. ENTRY AUTHORIZATION FOR TRAVEL TO United States Army Garrison Kwajalein Atoll (USAG-KA):

H.1.1. USAG-KA Entry Authorizations: Kwajalein is a military controlled installation and all requests for entry require proper documentation. Entry into USAG-KA is done through two locally produced forms, a 55R Form and Badge Request Form. Once these forms are completed they must be e-mailed to usarmy.bucholz.smdc.mbx.kpd-entry-exit@mail.mil. The requests for entry into Kwajalein must be submitted at least (14) U.S. working days prior to departing the U.S. for travel. On a case by case basis, when determined to be an emergency, the 14-day notification requirement will be shortened.

H.2. AUTOMATED INFORMATION SYSTEM MEDIA: If media is delivered to or for the U.S. Government under this contract in the form of automated information system (AIS) media (e.g., diskettes, tapes, etc.); it shall be free of viruses, which could cause damage, disruption, or degradation of the AIS. The contractor shall test such media for viruses prior to delivery. This requirement shall also be included in all subcontracts at any tier when the data to be delivered is in the form of AIS media.

H.3. CONTRACTS OF HIRE: No employment agreement shall prohibit a current or former employee of the contractor from negotiating for employment with any offeror competing for the follow-on Security and Access Control Contract, nor shall the contractor otherwise prohibit an employee from engaging in employment negotiations during an employees off-duty hours.

H.4. EMERGENCY CONDITIONS: It is understood and agreed that, from time to time during the performance of this contract, the Government may issue emergency change orders under the Changes Clause of this contract to cover increased security requirements during times of civil disturbance and/or other emergency conditions. Upon receipt of any such emergency change order from the Contracting Officer, the contractor shall, at the earliest practicable date, supplement its work force with qualified personnel and/or take such other action as necessary to implement the required change.

H.5. GOVERNMENT-FURNISHED EQUIPMENT, MATERIAL, SERVICES, AND SUPPLIES:

H.5.1. Base Support: For personnel supporting performance of this contract, the contractor is authorized on a non-charge-for-use basis, except as noted, the below listed government property, facilities, and/or logistic support to the extent available at the USAG-KA, subject to the direction and control of the Commander, USAG-KA, or his designated representative.

H.5.1.1 Government-furnished support for Expat personnel in performance of the PWS and related to duties of their job:

(1) Quarters at USAG-KA for personnel consistent with organizational position and quarters availability. USAG-KA Regulation 210-50, Family and Unaccompanied Personnel Housing, and subsequent revisions thereto, shall apply to all quarters assignments. The allocation of quarters to the contractor, as to number, type, and location, will be made by the Commander, USAG-KA, or his designated representative, and that determination shall be final and conclusive and shall not be subject to the Disputes clause. A maximum of seven (7) units of 1 family quarters (permanent type) and spaces for remaining personnel in bachelor quarters (to include barrack spaces) with total activity. It may be assumed that personnel working more than half of the time at Roi-Namur will be assigned housing there, within the limits set forth above.

(2) Kindergarten, elementary and high school educational services at USAG-KA for dependents or personnel residing in accompanied quarters USAG-KA.

(3) Unaccompanied personnel, whether single, divorced, separated, head-of-household, or married personnel not accompanied by family members at USAG-KA, who are assigned to unaccompanied personnel housing that lacks adequate food preparation facilities, shall be provided a meal card that entitles the employee to government furnished meals in the base operations dining facility at Kwajalein and

Roi-Namur Islands. The contractor shall establish an effective internal control procedure to ensure that meal cards are issued to and used by only authorized personnel and are promptly terminated when entitlement ceases. The cost of meals determined to have been furnished to unauthorized personnel due to a lack of adequate procedures or lack of enforcement shall be reimbursed to the Government by the contractor and will constitute an unallowable cost to the contract.

(4) Access to medical and dental services at rates established by USAG-KA. Funded by the Contractor or Contractor personnel receiving the services.

(5) Air and surface shipments from the Continental United States (CONUS) West Coast to USAG-KA and from USAG-KA to CONUS- West Coast.

Packing and crating of household goods and personal effects will be supplied by the government for shipments originating on USAG-KA not to exceed the maximum allowance per Government policy. All shipping costs of personal effects and goods in excess of the maximum allowances provided for in the government-approved contractors personnel policies and benefits shall not be an allowable cost to the contract.

(6) Use of Military Postal System at USAG-KA, provided that payment for such service shall be made at the current postal rates.

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H.5.1.2. Government-furnished support for all Contractor personnel in performance of the PWS and related to duties of their job:

(1) Intra-atoll (sea and air) transportation for personnel and equipment at USAG-KA to support the provisions of the PWS. Per the PWS all Contractor personnel will have the ability to use Government-furnished transportation between Kwajalein and Roi-Namur islands at no cost using available metro aircraft or boats. Travel to/from Kwajalein to Meck island will be done at no cost to the Contractor by using either the GFP vessel or by utilizing the Meck island ferry.

(2) General maintenance on all government-provided equipment and facilities.

(3) General office supplies, furniture, and office equipment, including maintenance of such furniture and equipment; however, the maintenance of any corporate owned personal computers and office electronic equipment shall be provided by the contractor.

(4) Fire prevention and protection services provided by the USAG-KA Logistics Support Contract.

(5) Necessary maintenance and support services for GFP (such as IT support, GFP vehicle maintenance, and calibration of equipment).

(6) Property which may become available from government excess and which is required to meet PWS requirements.

(7) Basic telephone services at USAG-KA; except that of personal residence phone services which are at rates established by USAG-KA.

(8) Access to the Defense Data Network (DDN) for teletype communications, Defense Switched Network for essential official business communications, and to the USAG-KA/RTS Internet network.

(9) Office facilities.

(10) Utilities.

(11) General custodial services to facilities located on Kwajalein, Roi-Namur, and Meck and grounds keeping for areas around the facilities defined as the USAG-KA Logistics Support contractors responsibility.

H.5.2. GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (GFP): Army Property In the performance of this effort, the contractor is authorized use of, and is accountable for and responsible for the GFP in the GFP list identified in Section J, list of attachments.

H.5.3. Defense Switched Network (DSN) Access The contractor is authorized on island access to the DSN Conus/Pacific wide. On Island access to DSN by the contractor shall be restricted to essential communications required in the performance of this contract.

H.5.4. The following support will be provided at 834th Transportation Battalion, Concord, CA:

(1) Handling, including receiving, documentation, packing, crating, consolidation, storage, and movements of cargo received for surface and/or air trans-shipment to USAG-KA.

(2)Cargo handling at transport loading location.

H.5.5. The contractor shall comply with the instructions of the Contracting Officer or the GPA/PCO designated to perform the duties of

Plant Clearance Officer in the performance of the requirement of FAR Part 45 relating to the reporting, redistribution and disposal of excess government property.

H.5.6 GOVERNMENT FURNISHED TRANSPORTATION SERVICES:

H.5.6.1. Contractor cargo shipments originating in CONUS and destined for USAG-KA shall be routed to the USAG-KA Logistic Support

Contractor (LSC), 834th Transportation Battalion, Concord, CA 94520-5014. Based upon priority, the USAG-KA LSC will effect shipment to

USAG-KA by either Air Mobility Command (AMC) air transportation or by Military Sealift Command (MSC) surface transportation.

H.5.6.2. Similarly, cargo shipments originating in Hawaii and destined for USAG-KA shall be routed to the USAG-KA LSCs Consolidated

Cargo Facility, Honolulu, HI. Cargo will be shipped to USAG-KA by AMC transportation or by MSC surface transportation dependent upon priority.

H.5.6.3. The contractor shall use commercial airline travel when transporting personnel between CONUS West Coast and USAG-KA, CONUS

West Coast and Hawaii, and USAG-KA and Hawaii. except as provided in H.2.6.4 below. The contractor shall maximize the use of commercial air transportation when personnel are being transported for Permanent Change of Station (PCS), temporary duty (TDY), dental or medical referrals (including emergencies), and vacation travel. For personal emergency leave and vacations paid for by the individual traveler.

H.5.6.4. Exceptions. When commercial airlines are unavailable, AMC air transportation may be used. Contractor must submit a non-government authorization for AMC LOA through the ACO/PCO to the USAG-KA Commander for approval. Approximate cost for this flight is

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$1320 per person.

H.5.6.4.1 Emergency dental or medical evacuation or Government funded emergency leave when arrival in Honolulu or CONUS can be expedited or if the scheduled commercial aircraft is unavailable.

H.6. DEATH OF EMPLOYEE AT USAG-KA: In the event of death of a contractor employee or dependent at USAG-KA, the body shall be prepared for burial and shipped, in an appropriate container, to a destination selected by a duly authorized survivor (including executor or executrix of his estate). The costs of such preparation and shipment shall be a reimbursable cost under this contract in accordance with the clause titled "ALLOWABLE COST AND PAYMENT" (see FAR 52.216-7) to the extent that such costs are not payable under the fund established under Section 8147 of Title 5 of the United States Code, as referenced in 42 U.S.C. Section 1701(b)(4).

H.7. CONTRACTOR PHASE-IN:

H.7.1. The services provided by this contract are vital to the Governments overall effort. Therefore, continuity of these services must be maintained at a consistently high level without disruption. To this end, the Contractor shall conduct an orderly phase-in of activities prior to assumption of responsibility for the effort described in the PWS.

H.7.2. The Contractor shall have up to 60 calendar days in which to conduct phase-in. Two offices with telephone and network capabilities will be provided during the phase-in period. During this time, the Contractor shall not be responsible for performance of the effort described in the PWS. It is understood that during phase-in the predecessor contractor(s) will be performing the work described in the PWS.

H.7.3. Sixty (60) days after award of contract, the Contractor shall assume full responsibility for the effort covered by the PWS.

H.7.4. During phase-in the Contractor shall:

1. Participate in meetings with the predecessor contractor(s) to identify and discuss problems or areas requiring attention during the phase-in period; and

2. Perform all activities described in the Contractors phase-in plan submitted with its proposal, and all activities necessary to ensure effective transfer of all effort from the predecessor contractor(s) and readiness to assume full contract performance. As a minimum, phase-in must include the following: 1) Government Furnished Property inventory; 2) qualified staff must be available and ready to assume performance; and 3) all of the Contractors employees shall complete the Individual Reliability Program (IRP) Certification.

H.7.5. The Contractor shall invoice the Government only at the completion of contract phase-in.

H.8. CONTRACTOR PHASE-OUT:

H.8.1. Any necessary phase-out effort as anticipated by this clause shall occur during the performance period of this contract and is included in the cost of this contract.

H.8.2. The contractor recognizes that the services provided under this contract are vital to the Governments overall effort, that continuity thereof must be maintained at a consistently high level without interruption, that upon expiration of this contract, a successor either the Government or another contractor may continue these services; that the successor, be it the Government or another contractor, will need phase-in training; and that the contractor must give his best efforts and cooperation in order to effect an orderly and efficient transition to a successor.

H.8.3. Toward that end, the contractor agrees to cooperate with the successor, whether it is the Government or another contractor, in order to enhance the continuity and consistency of the services called for by the contract. In conjunction with the solicitation of offers for a follow-on contract, the contractor agrees to permit the Government to conduct site visits for other contractors at all contractor-operated facilities utilized in performance of this contract. During such visits, the contractor agrees to allow said other potential contractors to conduct on-site interviews with contractor employees for possible employment under any follow-on contract. If said employees are agreeable to the change and are accepted by the successor, then the contractor shall release them at a mutually agreeable date.

H.8.4. In addition, the contractor agrees, upon written notification by the Contracting Officer, to provide a detailed plan for phase-out operations tailored to the successor's plan for phase-in operations, to include:

1. Support periodic meetings with the successor contractor(s) to identify and discuss problems or areas requiring attention during the phase-out period; and

2. Develop in good faith a plan with the successor contractor(s) to determine the nature and extent of phase-in and phase-out activities required. The plan shall include effective transfer of all effort to the successor contractor(s); training of personnel; and any other agreements or steps necessary to ensure a smooth transition between the contracts. The plan shall be subject to the Contractor

Officers approval.

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3. Phase-out activities shall be accomplished in accordance with FAR 52.237-3, Continuity of Services.

H.8.5. During the phase-out period, the government may introduce new personnel or a new contractor into performance of work of the kind and type provided hereunder, and the contractor agrees to use his best efforts to effect a smooth transition from performance by the contractor and its employees to performance by others. Such transition periods may involve a gradual reduction of the amount of work and duties performed by the contractor and its employees.

H.9. COMPLIANCE WITH THE COMPACT OF FREE ASSOCIATION AND IMPLEMENTING AGREEMENTS:

H.9.1. Consistent with Sections 321 and 323 of Title Three, Article II of the Compact of Free Association Act of 1985 (Compact), PL 99-

239, January 14, 1986, effective 21 October 1986, the United States (U.S.) has entered into two agreements with the Government of the

Republic of the Marshall Islands (RMI), concerning U.S. use and operation of the U.S. Army Kwajalein Atoll/Reagan Test Site (USAKA/RTS).

These implementing agreements are: (1) Military Use and Operating Rights Agreement (MUORA) and (2) Status of Forces Agreement (SOFA).

While the contractor must ensure that its performance under the contract is in compliance with all applicable provisions of the Compact and the implementing agreements, of particular significance are the following provisions, which affect the employment of personnel:

H.9.2. MUORA Article VIII - Employment of Labor. This article includes provisions dealing with (i) grandfathering of wages of local hire personnel employed by U.S. contractors; and (ii) equal pay for equal work in the employment of local hire personnel. Local hire personnel is defined in Article I, Section 2(f), of the SOFA as citizens and nationals of the Republic of the Marshall Islands, who are employed in the Marshall Islands by the Armed Forces of the United States or U.S. contractors. In implementation of these provisions, the contractor shall ensure that local hire personnel employed on the effective date of the Compact shall continue to receive wages no less than wages paid as of the effective date of the Compact October 21, 1986. Wages, for the purpose of insuring grandfathering of wages, is defined as (a) actual base pay; (b) employee fringe benefits e.g., vacation and sick leave, group insurance, hazardous pay, pension, and holidays; and (c) overtime pay as required by the Contract Work Hours and Safety Standards Act (CWHSSA). For example, if local hire personnel employed on the effective date of the Compact as carpenters were paid $5.00 per hour base pay, fringe benefits, and

$7.50 per hour for overtime, after the effective date of the Compact such local hire personnel shall be paid a wage not less than $5.00 per hour base pay, $7.50 per hour for overtime worked, and the same fringe benefits. Further, Grandfathered Marshallese employees must receive a wage, which is not less than the wage paid for equal work to U.S./third country employees. In contrast, local hire personnel newly employed after the effective date of the Compact may be paid a wage consistent with the minimum wage laws of the Marshall Islands, provided the minimum wage does not exceed the prevailing minimum wage in the United States, and the wage provides equal pay for equal work among such local hire personnel. Further, locally hired non-grandfathered Marshallese employees must receive a wage which is not less than the wage paid for equal work to any U.S./third country employees who are hired in the RMI; however, they may be paid a wage which is less than the wage(s) paid for equal work to grandfathered Marshallese employees and to U.S./third country employees hired outside the RMI. For purposes of interpreting this special provision, allowances/benefits, which relate to Foreign Service of employees hired outside the RMI (e.g., relocation/dislocation allowances, foreign pay differentials, transportation costs) are not considered to be part of the wages paid to such employees; and nothing herein requires that such Foreign Service allowances/benefits be paid to employees hired in the RMI.

H.9.3. SOFA Article IV, Utilization of Contractors and Employment of Labor. This article includes provisions dealing with (i) employment preference for citizens, nationals, and permanent resident aliens of the RMI, Federated States of Micronesia (FSM), and of the U.S.; and

(ii) U.S. contractors use of best efforts to employee persons present in the RMI and FSM. In implementation of these provisions, the contractor shall give preference in hiring to citizens, nationals, and permanent resident aliens of the RMI, FSM, and the United States.

This includes dependents as defined in Article I, Section 2(d) (4) of the SOFA. The contractor shall not employ or continue employment of third country personnel as defined in Article I, Section 2(e) of the SOFA without the prior written permission of the Contracting

Officer. It is anticipated that permission to hire third country personnel will be given only in limited and exceptional circumstances.

Therefore, the contractor should rely on third country personnel as a labor source in performance of this contract only in the exceptional situation where qualified citizens, nationals, and permanent resident aliens of the RMI, FSM, and the United States are not available.

H.9.4. Marshallese citizens/nationals, as well as other employees, shall be given equal consideration for promotion to positions for which they are qualified.

H.10. APPLICATION OF UNITED STATES LAWS IN THE REPUBLIC OF THE MARSHALL ISLANDS:

H.10.1. Section 171 of Article Two, Title VII of the Compact of Free Association Act of 1985, PL 99-239, January 14, 1986, states:

Except as provided in this Compact or its related agreements, the application of the Laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceases with respect to the Marshall Islands and the Federated States of

Micronesia as of the effective date of this Compact.

H.10.2. As a result of this provision, a number of United States laws which formerly applied in the Republic of the Marshall Islands no longer apply. Other laws, by virtue of extraterritorial application, provisions of the Compact, or requirements of the PWS, apply or have limited application to this contract. As examples, the contractor shall note the application, or limited application in some cases, of the following laws:

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(1) For employees working within the United States (including Wake Island and Guam), the contractor shall comply with McNamara/OHara

Service Contract Act of 1965, as amended (41 U.S.C. 351 et.seq.); the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et.

seq.); and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). These laws do not apply to employees working in RMI.

(2) For employees recruited or hired in the United States, the contractor shall comply with the Vietnam Veterans Readjustment

Assistance Act of 1972, as amended (38 U.S.C. 2012) and the Equal Employment Opportunity Program (Executive Order 11246 dated 24 Sep

65). These laws do not apply to work which is performed outside the U.S. by employees recruited and hired outside the U.S. Application of the above laws to employees performing work on USAKA who were recruited or hired in the U.S. does not prohibit the contractor from establishing within this class of employees different pay rates or personnel policies based on skill levels, experience, longevity, or other factors wholly unrelated to the classification of race, color, religion, sex, national origin, or veterans status. Nor does application of the above laws require the contractor to provide identical pay rates or personnel policies for employees exempt from coverage as provided to employees who are covered by these laws.

(3) For all employees working outside the United States, the contractor shall comply with the Defense Base Act (42 U.S.C. 1651 et.

seq.) as required by Section I Contract Clause, FAR 52.228-3 titled Workers Compensation, Insurance (Defense Base Act).

(4) For work performed in RMI, the contractor shall comply with the Environmental Protection Requirements of Section 161, Title One, Article VI of the Compact.

(5) For work performed in RMI, the contractor shall comply with the occupational safety and health standards, required by the

Occupational Safety and Health Standard Act, 29 U.S.C. 651 et. seq., which have been incorporated in the requirements of the PWS.

H.11. COMPLIANCE WITH THE RMI EMPLOYEE EQUAL BENEFITS LAW

H.11.1. The contractor should be aware that the "Marshall Islands Employment Equal Opportunity Act, 2017" is in effect. The stated purpose of this RMI law is "to ensure that all employees of a person or other entity doing business in the Republic of the Marshall

Islands are treated equally in regard to obtaining employee benefits." IAW Article IV, paragraph 4, of the SOFA this law does not apply to US personnel or third country contractor personnel employed by the US Armed forces or their contractors.

H.11.2. The law requires that any person or other entity doing businesses in the Republic of the Marshall Islands must offer all RMI employees the same type of employee benefits that any other employee in the RMI receives. The law itself does not require that any particular benefit be offered to any employee.

H.11.3. Under the law, if an employer offers any employee benefits such as medical, dental, vision, pharmaceutical (prescription drug) and life insurance and/or retirement or pension benefit to any employee at USAG-KA, that employer must offer the same type of benefits to all RMI employees within their employment at U.S. Army Garrison-Kwajalein Atoll. For example, if the contractor offers any of its employees working at USAG-KA a 401k retirement plan with up to a 5% employer match such a benefit must be offered to the RMI employee.

Further, if the employer offers a 401(k) retirement plan and with it an employer contribution match and the RMI employee does not wish to participate in a 401(k) account but rather has individual retirement account (IRA), the employer must offer the same match to the employee IRA as they would with the 401(k) plan. Employees have the option to start an IRA account at the time they might otherwise enroll in a 401(k) plan and enjoy the same employer match, if any.

H.11.4. Since RMI employees are afforded a national health care plan administered by the RMI the employer does not have to enroll the

RMI employee in the same health care plan offered to US or third country national contractor personnel. However, the employer must pay the equivalent portion of the employer contribution to the RMI employee a "supplemental health insurance plan" offered by the RMI if the

RMI employee wishes to enroll in the plan. If the employee chooses not to purchase the RMI supplemental health insurance policy the employer is not obligated to pay any portion of the premium of a supplemental policy.

H.11.5. If employee benefits offered by the employer change benefits…