W52P1J20R0093-0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0004 2020NOV16

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

ASHLEE G. ASPLUND

EMAIL: ASHLEE.G.ASPLUND.CIV@MAIL.MIL

W52P1J-20-R-0093

2020OCT28

X

X 2020DEC04 10:00am

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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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 ***

The purpose of Amendment 0004 to Solicitation W52P1J-20-R-0093 is to do the following:

1. Extend the proposal due date and time.

FROM: November 30, 2020 at 3:00PM CT

TO: December 4, 2020 at 10:00AM CT

2. Revise the projected Period of Performance as follows:

FROM: 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

TO: Base Year: Award Date + 364 Days after Award (DAA). Inclusive of a 90 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

3. Incorporate a revised Attachment 0001- Kwajalein Atoll Performance Work Statement, dated 13 November 2020.

4. Incorporate a revised Attachment 0002- Section L- Instructions, Conditions, and Notices to Offerors, dated 16 November 2020.

5. Incorporate a revised Attachment 0003- Section M - Basis for Award, dated 16 November 2020.

6. Incorporate a revised Attachment 0005- Past Performance Questionnaire.

7. Incorporate Attachment 0014- Industry Questions and USG Responses, dated 16 November 2020, which includes all questions received to date from Industry along with the U.S. Government responses.

8. In case of any conflict between this amendment and the original solicitation (other than those specifically addressed above), the original solicitation language shall take precedence.

*** END OF NARRATIVE A0005 ***

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W52P1J-20-R-0093

PIIN/SIIN

Page of

Name of Offeror or Contractor:

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

0003 MOBILIZATION

0003AA 90 DAY MOBILIZATION- U.S. EXPAT $ _______________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

0003AB 90 DAY MOBILIZATION- OTHER COUNTRY NATIONALS $ ____________________________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

0003AC 90 DAY MOBILIZATION- LOCAL NATIONALS $ ____________________________________ __________________

SERVICE REQUESTED: MOBILIZATION

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

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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 90 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. Ninety (90) 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 offered to RMI employees must correspondingly mirror such changes.

Successful prosecutions of a violation of this law include civil penalties of not less than $5,000 nor more than $50,000 per violation.

H.12. RIGHT OF FIRST REFUSAL: The contractor shall give local hire personnel (as defined by the SOFA) employed under the existing contract(s) on the effective date of the Compact the right of first refusal for employment in the same or comparable jobs.

H.13. SPECIAL EDUCATION:

H.13.1. The school system at the U.S. Army Garrison-Kwajalein Atoll/Reagan Test Site (USAG-KA/RTS) is capable of providing only limited special education services to meet the needs of students with mild learning impairments and/or mild behavior disorders as defined by the

Department of Defense Dependents Schools (DODDS) Special Education Program. Formal programs or services are not available for students who have physical or mental impairments or who are seriously defective in speech, reading, or language development.

H.13.2. Based upon the foregoing limitations on special education capacity and capabilities at USAG-KA, the contractor shall meet the following requirements prior to entering into an irrevocable employment/relocation commitment or initiating travel of a dependent student to USAG-KA/RTS:

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(1) Prescreening for employment located at USAG-KA/RTS shall include a determination of special education needs, if any, of dependent students.

(2) For each student with any identified special education needs, advance approval of entry into the Kwajalein school system must be obtained from the Superintendent of Schools, Kwajalein Support Contractor, P.O. Box 51, APO AP 96555.

H.13.3. Students with special education needs beyond the capability or capacity of the Kwajalein school system, as determined by the

Superintendent of Schools, will be permitted access to USAG-KA/RTS only as unofficial visitors not to exceed sixty (60) days per year, pursuant to the procedures contained in USAG-KA/RTS Regulation 190-10.

H.14. MEDICAL AND DENTAL SERVICE LIMITATIONS:

H.14.1. All on-site employees and their on-site authorized dependents are authorized round trip air travel to the nearest adequate medical or dental facility following medical/dental determination by appropriate on-site support authority that evacuation is necessary.

H.14.2. The remoteness and relatively small population of USAG-KA/RTS precludes extensive medical and dental facilities. Thus, the limited medical and dental facilities and staff dictate that only minimum essential treatment can be provided. This limitation should be taken into consideration prior to assigning personnel to Kwajalein who require frequent or special medical or dental treatment. The contractors pre-employment medical screening shall be sufficiently thorough to identify medical problems which would preclude assignment to Kwajalein.

H.14.3. There will be a charge for all medical and dental services provided at USAG-KA/RTS to employees of the contractor or their dependents who are resident at USAG-KA/RTS in accordance with the Financial Policy and Rate Manual.

H.15. OFF-DUTY EMPLOYMENT PROHIBITION: The contractor shall prohibit all of its employees from employment in any capacity with any other

USAG-KA/RTS contractor for the duration of this contract unless approved in writing by the CDR, USAG-KA.

H.16. HOUSING: The Commander, USAG-KA/RTS, or his representative will make the allocation of housing to the contractor, as to number, type, and location. Such allocation shall be final and conclusive and shall not be subject to the Disputes clause. Occupants of government family and bachelor units shall be liable to the Government for acts of gross negligence or willful misconduct resulting in loss, damage, or destruction of the property and its contents. Housing units are not Government Furnished under the terms of the

Government Property clause of this contract (FAR 52.245-1). See clause Government Property.

H.17. PROCEDURES AND DOCUMENTATION REQUIRED UNDER THE INSURANCE LIABILITY TO THIRD PERSONS CLAUSE:

H.17.1. In implementation of subparagraph (g) of FAR 52.228-7, InsuranceLiability to Third Persons, the contractor shall notify the

Contracting Officer in writing, within ten (10) days after notification, of any suit or action filed or any claim made against the contractor, the cost and/or expense of which may be reimbursable under this contract. Within thirty (30) days after such notice, the contractor shall furnish:

(1) Written summary of the suit/action.

(2) Comments on the merits.

(3) Potential liabilities.

(4) Applicable insurance coverage.

(5) Copy of the complaint.

(6) Name, address, and telephone number of attorney retained by contractor and/or insurer. Thereafter, all other pertinent documents

(answer to the Complaint, Motions, Discovery Requests, Depositions, etc.) shall be forwarded within ten (10) days after their filing. In addition, a quarterly report shall be submitted consolidating prior notices and summarizing the status of each and every action pending against the contractor, with a date projected for resolution. Furthermore, the contractor shall keep the government apprised of any and all significant developments.

H.17.2. The contractor shall timely and zealously pursue claims or counterclaims and defenses against third persons and subcontractors for any claims or expenses which may be reimbursable under this contract.

H.17.3. In the event an insurer declines coverage or representation, the rationale for such declination shall be obtained in writing from the insurer, reviewed by the contractor, and forwarded to the Contracting Officer with appropriate comments. In questionable cases of declination by the insurer, an opinion shall be obtained by the contractor from privately retained counsel prior to forwarding to the

Contracting Officer.

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H.17.4. With regard to legal fees for which reimbursement will be sought under subparagraph (g) of FAR 52.228-7, InsuranceLiability to

Third Persons, the contractor shall take the necessary steps to prevent unwarranted or excessive fees. Toward that end, unless otherwise requested on a more frequent basis, the contractor shall submit the following information to the Contracting Officer when any voucher is submitted for legal fees:

(1) The total amount of legal fees to date for the case.

(2) Detailed, contemporaneous, complete, and standardized time records reflecting the number of hours devoted by the attorney(s) in preparing and presenting the case. To substantiate that the number of hours are not excessive, describe the work performed for each billing date; provide the training and experience of each person who worked on the case; and furnish the number of hours spent by each.

(3) The attorney's usual and customary billing rate for cases similar in nature to the case for which reimbursement is requested, and the usual fee for each person who worked on the case.

(4) Provide evidence of (a) the prevailing community billing rate for such work; (b) fees charges to the contractor in similar cases for commercial activities.

(5) If the attorney seeks reimbursement for costs in addition to fees, provide: (a) an itemized list of such costs, e.g., travel, telephone, postage, expert witnesses, transcripts, depositions, subpoenas, duplication, etc., for which the attorney seeks reimbursement in addition to his customary fee; (b) a statement explaining why such costs were not subsumed within the attorney's customary billing rate.

H.18. LICENSING REQUIREMENTS FOR OPERATORS OF MARINE PATROL VESSELS:

H.18.1. Operators of harbor patrol vessels shall possess a valid U.S. army watercraft license issued under the provisions of AR 56-9, Watercraft. At the time of hiring, however, the individual shall possess either a valid U.S. Coast Guard license (this license may be valid for areas other than Kwajalein Atoll waters); or, a valid U.S. Military (Army, Navy, Air Force or Marine) license/certificate issued under either the provisions of AR 56-9, Watercraft or other military regulation defining the marine licensing procedures for that particular service. The individual shall also possess a valid radar observer certificate prior to arrival to USAG-KA/RTS.

H.18.2. In conjunction with obtaining the required U.S. Army license to be issued under the provision of AR 56-9, Watercraft to operate the harbor patrol vessels, the following additional guidelines shall be applied to offsite newly hired personnel:

(1) Concurrent with job offer/acceptance, action will be initiated, at point of hire, to obtain formal certification of experience data of the type required to qualify for the Department of Army licensing program (AR 56-9, Watercraft).

(2) Within 120 days after arrival at USAG-KA/RTS, the individual shall successfully complete orientation instructions, tests to assure adequate familiarity with Kwajalein waters and the specific vessel(s) to be operated and be licensed in accordance with AR 56-9, Watercraft. The orientations and tests shall be administered by the Commander, USAG-KA or his designated representative. If after 120 days the individual has not obtained a license in accordance with AR 56-9, Watercraft or has not completed USAG-KA/RTS orientation instructions and test, he shall be prohibited from operating the vessels unless an extension is approved by the Commander, USAG-KA.

(3) If the individual is not licensed after the first ninety (90) days, a status report will be submitted to the Commander, USAG-KA, outlining what has been accomplished to date, and providing a forecast of time required to complete licensing formalities.

H.19. ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE:

H.19.1. It is the intention of the parties (1) that the contractor, or its subcontractors, will not engage in any contractual activities that could cause a conflict of interest with the contractors position under this contract; and (2) to prevent the existence of conflicting roles that might bias the contractors judgment in rendering advice and recommendations.

H.19.2. Since the security work to be performed under this contract is of such a sensitive nature, the contractor and its subcontractors are restricted from entering into contractual or financial relationships with other contractors/subcontractors at USAG-KA, without the express written permission of the contracting officer.

H.19.3. Similarly, the contractor and its subcontractors will be required to establish personnel policies which will restrict holding financial interest in the other contractors/ subcontractors at USAG-KA without the express written permission of the contracting officer.

H.19.4. These provisions are intended to assure that the Contractor and its subcontractors will be able to discharge the sensitive security duties at USAG-KA without being compromised by any hint of conflicting interests between those duties and other contractual/financial relationships/interests.

H.19.5. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the government may terminate this contract for default, disqualify the contractor for subsequent

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related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the contractor discovers and promptly reports an organizational conflict of interest (or the potential therefore) subsequent to contract award, the contracting office may terminate this contract for convenience if such termination is deemed to be in the best interest of the government.

H.19.6. The contractor shall include a clause which includes the paragraphs above in all subcontracts. When paragraphs above are included in a subcontract, the term Contracting Officer shall represent the Government Contracting Officer.

H.20. MANDATORY CYBER REPORTING: In addition to regulatory reporting requirements, the detection or discovery of any unauthorized access, denial of service, or compromise of a contractors classified or unclassified network, information system or data contained thereon will be reported within 24 hours to the USASMDC/ARSTRAT Information Security Officer, Telephone Number: 256-955-5468, email:

brenda.s.turner.civ@mail.mil. The prime contractor will include this requirement in all subcontracts awarded in support of this procurement effort.

H.21. TRANSPORTATION: Transportation under this contract will be the responsibility of the contractor except for certain transportation services to be furnished by the Government as stated in paragraph H.5.1.2.(1), paragraph H.5.6., and the Performance Work Statement. The

Contractor shall use commercial travel to the maximum extent as stated in paragraph H.5.6.3. Throughout this contract, the most economical method of transportation will be used commensurate with program requirements.

H.22. PUBLIC RELEASE OF INFORMATION:

H.22.1. In accordance with DFARS 252.204-7000, Disclosure of Information, The Contractor shall not release to anyone outside the

Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contractor has written approval or the information is otherwise in the public domain before the date of release.

H.22.2. Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Procuring Contracting Officer at least 45 days before the proposed date for release. The Procuring Contracting Officer will provide approval/disapproval of the release.

H.22.3. The PCO and the COR shall process the request in accordance with USASMDC/ARSTRAT form 614-R-E.

H.22.4. The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor.

H.23. MINIMUM INSURANCE LIABILITY: Pursuant to the requirements of the contract clause 52.228-7, Insurance Liability to Third Persons, the contractor shall obtain and maintain at least the following kinds of insurance and minimum liability coverage during any period of contract performance:

H.23.1. Workmans Compensation and Employers Liability Insurance: Compliance with applicable workmens compensation and occupational disease statutes is required. Employers liability coverage in the minimum amount of $100,000 is required.

H.23.2. General Liability Insurance: Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence, is required on the comprehensive form of policy; however, property damage liability insurance is not required.

H.23.3. Automobile Liability Insurance: This insurance is required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage is required.

H.24. MANPOWER REPORTING: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure

Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil/ . The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officers

Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5)

Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors; (7) Total payments (including sub-contractors): (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment of contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will

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be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by…