Attachment_0004_-Clause_Addendum__9_Feb_2018.doc

Table of Contents Section A

Page: 02

Section E

Section F

Section G

Section H

Page:

Section I

Page: 04 Section K

Page: 20 Section L

Page: 30 Section M

Page: 32

Additional Provisions/Clauses Addendum to FAR 52.212-4 Contract Terms and Conditions Section A

52.203-19: Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) Section E

52.246-4: Inspection of Services—Fixed Price (Aug 1996) 52.246-5: Inspection of Services—Cost-Reimbursement (Apr 1984) 52.246-15: Certificate of Conformance (Apr 1984) Section F

52.242-15: Stop-Work Order (Aug 1989) 52.242-17: Government Delay of Work (Apr 1984)

Section G

252.232-7006: Wide Area WorkFlow Payment Instructions (May 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

“2-in-1” Services

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

W560MY

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in 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 N/A Issue By DoDAAC N/A Admin DoDAAC N/A Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

david.s.fields16.civ@mail.mil

(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.

Contracting Officer – Army Contracting Command – Rock Island Contract Specialist – Army Contracting Command – Rock Island

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H

H.1 TRAVEL

Costs associated with contractor travel shall be in accordance with FAR Part 31.205-46, Travel Costs.

H.2 RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. See also Section I, DFARS clause 252.204-7000 “Disclosure of Information.”

H.3 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) The provisions of FAR Subpart 9.5, Organization and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract.

(b) Potential conflicts may exist in accordance with FAR 9.505.

(c) The term contractor herein used means: (1) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (2) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (3) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (4) any organization or enterprise over which it has direct or indirect control now or in the future.

(d) The contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that would arise as the result of performance under this contract.

(e) The following constraints have been put into place to avoid or mitigate a potential conflict:

(1) The Contractor agrees that if it provides systems engineering and technical guidance for systems and programs under this contract, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

(2) The Contractor agrees that if it prepares specifications for nondevelopmental items or assists in the preparation of work statements for a system or services under this contract, it will not be allowed to furnish these items, either as a prime contractor, a subcontractor or as a consultant (FAR 9.505-2).

(3) The Contractor agrees that if it gains access to proprietary data of other companies, it will protect such data and it will not use such proprietary data in supplying systems or components in future competitive procurements (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies, it will enter into an agreement with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished.

(4) The Contractor agrees that it will not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by the contract or as may be directed by the Contracting Officer.

(5) The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors.

(6) The Contractor agrees that it will include the above provisions, including this paragraph, in agreements with teaming partners, consultants or subcontractors at any tier which involve access to information covered above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "subcontractor" for the word "contractor" whenever the latter appears.

(f) The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information under this contract from anyone other than the contractor's employees who have a need to know, and the U.S. Government.

(g) The Contractor shall provide a detailed Organizational Conflict of Interest (OCI) Mitigation Plan within 30 calendar days of contract award. The OCI Mitigation Plan shall fully describe all the measures that the Contractor, and each of its proposed team members and subcontractors for this effort, will take to avoid, mitigate, or neutralize any actual or potential OCIs. The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer, and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the provision in FAR 9.5 must be followed.

H.4 ACCESS TO NONPUBLIC INFORMATION

(a) Definition. Nonpublic information, as used in this clause, means any Government or third- party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the Government has not yet determined whether the information can or will be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information.

(1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic information from unauthorized use or disclosure of such information.

(i) The Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract.

(ii) Third-party owners of nonpublic information to which the Contractor may have access during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other rights they may have, may have the right of direct action against the Contractor to seek damages from any violation of the terms of this clause or to otherwise enforce the terms of this clause.

(2) With regard to any nonpublic information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall—

(i) Utilize the nonpublic information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard the nonpublic information from unauthorized use and disclosure;

(iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

(iv) Inform persons who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure;

(v) Obtain a signed nondisclosure agreement, which at a minimum includes language substantially the same as that found in paragraph (b)(1) and (b)(2)(i) through (iv) of this clause, from each person who may have access to the nonpublic information;

(vi) Provide a copy of any such nondisclosure agreement to the Contracting Officer upon request; and

(vii) Report to the Contracting Officer any violations of requirements (i) through

(vi) of this paragraph as soon as the violation is identified. This report shall include a description of the violation and the proposed actions to be taken by the contractor in response to the violation, with follow-up reports of corrective actions taken as necessary.

(3) If the Contractor receives information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall—

(i) Notify the Contracting Officer;

(ii) Use the information only in accordance with the instructions of the Contracting Officer; and

(iii) Comply with any other notification provisions contained in this contract.

(c) Applicability. (1) The obligations and prohibitions of paragraph (b) do not apply if the Contractor can demonstrate to the Contracting Officer that the information— Contractor;

(i) Was in the public domain at the time the information was accessed by the

(ii) Was published, after having been accessed by the Contractor, or otherwise becomes part of the public domain through no fault of the Contractor;

(iii) Was lawfully in the Contractor’s possession at the time the Contractor accessed it and was not acquired directly or indirectly—

(A) From the Government; or

(B) Under another Government contract;

(iv) Was received by the Contractor from a party, other than the information owner, who has the authority to release the information and did not require the Contractor to hold it in confidence.

(v) Is or becomes available, on an unrestricted basis in a lawful manner, to a third party from the information owner or someone acting under the control of the information owner;

(vi) Is developed by or for the Contractor independently of the information received from the Government or the information owner and such independent development can be shown;

(vii) Becomes available to the Contractor by wholly lawful inspection or analysis of products offered for sale by the information owner or someone acting under the information owner’s control, or an authorized third-party reseller or distributor; or

(viii) Is provided to a third party by the Contractor with the prior written approval of the information owner.

(2) The Contractor may release nonpublic information to which the Contractor is given access in performance of this contract to a third party pursuant to the lawful order or rules of a United States Court or Federal administrative tribunal or body of competent jurisdiction, provided that the Contractor gives to the information owner prior written notice of such obligation and the opportunity to oppose such disclosure. The Contractor shall provide a copy of the notice to the Contracting Officer at the same time as notice is given to the information owner.

(d) Other contractual restrictions on information. This clause is subordinate to all other contract clauses or requirements that specifically address the access, use, handling, or disclosure of information. If any restrictions or authorizations in this clause are inconsistent with a requirement of any other clause of this contract, the requirement of the other clause shall take precedence over the requirement of this clause.

(e) Remedies available to a third-party information owner. The Contractor’s failure to comply with the requirements of this clause may provide grounds for independent legal action or other remedies available to a third-party information owner based on the protections of paragraph (b)(1) of this clause (third-party beneficiary).

(f) Subcontracts. The Contractor shall include this clause, including this paragraph (f), in subcontracts under which a subcontractor may have access to nonpublic information. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government’s rights.

H.5 RELEASE OF NONPUBLIC INFORMATION

(a) Definition. Nonpublic information, as used in this clause, means any Government or third- party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the Government has not yet determined whether the information can or will be made available to the public.

(b) The Contractor agrees that the Government may, in appropriate circumstances, release to its contractors, their subcontractors, and their individual employees, nonpublic information provided by the Contractor in the performance of this contract, subject to the protections referenced at paragraph (d) of this clause.

(c) This clause does not affect the agency’s responsibilities under the Freedom of Information Act or the Procurement Integrity Act.

(d) To receive access to nonpublic information needed to assist in accomplishing agency functions, the contractor that will receive access to the nonpublic information must be operating under a contract that contains the clause at H.4, Access to Nonpublic Information, which obligates the contractor to do the following:

(1) Utilize the nonpublic information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(2) Safeguard nonpublic information from unauthorized use and disclosure;

(3) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

(4) Inform persons who may access nonpublic information about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure;

(5) Obtain a signed nondisclosure agreement from each person who may have access to the nonpublic information; and

(6) Report to the Contracting Officer any violations of requirements (1) through (5) of this paragraph as soon as the violation is identified. This report shall include a description of the violation and the proposed actions to be taken by the contractor in response to the violation, with follow-up reports of corrective actions taken as necessary.

(e) Paragraph (e) of the clause at H.4, Access to Nonpublic Information, included in the contract of the contractor with access to the nonpublic information provides that the third-party information owner may have the right to pursue third party beneficiary rights against the contractor with access to the nonpublic information for breaches of the requirements of that clause.

(f) Subcontracts. The Contractor shall insert this clause, including this paragraph(f), suitably modified to reflect the relationship of the parties, in all subcontracts that may require the furnishing of nonpublic information to this agency under the subcontract.

H.6 ACCESSIBILITY

All electronic and information technology procured under this contract must meet applicable accessibility standards at 36 CFR Part 1194, unless an exception exists, or, for commercial items, unless and to the extent that individual standards cannot be met with supplies or services available in the commercial marketplace in time to meet delivery requirements. All exceptions must be documented by the Contracting Officer on a case-by-case basis.

H.7 CONTINUED PERFORMANCE DURING SUPPORT OF CRISIS SITUATIONS, CONTINGENCY OR EXERCISE

(a) Overview.

(1) The requirements of this Contract have been identified by the U.S. Government as being essential to the mission and operational readiness of the U.S. Armed Services operating worldwide; therefore, the Contractor may be required to perform this Contract during crisis situations (including war or a state of emergency), contingencies or exercises in the identified area of operations, also known as theatre of operations, subject to the requirements and provisions listed below.

(2) The Contractor shall be responsible for performing all requirements of this Contract notwithstanding crisis situations, contingencies or exercises, including but not limited to the existence of any state of war, whether declared or undeclared, or state of emergency, by the United States or the host nation, commencement of hostilities, internal strife, rioting, civil disturbances, or activities of any type which would endanger the welfare and security of U.S. Forces in the host nation. Failure by the Contractor to perform may subject the Contractor to a termination of this Contract for cause. If a crisis situation, contingency, or exercise is determined, an equitable adjustment may be negotiated.

(3) Crisis situations and contingency operations shall be determined by the overseas theater Commander-in-Chief, or when Defense Readiness Condition (DEFCON) Three (3) is declared for that area.

(4) Contractor personnel and dependents may be integrated into Government contingency plans, and afforded the same rights, privileges, protection, and priority as U.S.

Government personnel. The Government may provide security, housing, and messing facilities for Contractor personnel and dependents should conditions warrant.

(5) In the event Contractor employees are deployed or hired into the area of operations in support of a crisis situation, contingency or exercise, the following items and conditions will apply:

(b) Management.

(1) The Contractor shall ensure that all Contractor employees, including sub-Contractors, will comply with all guidance, instructions, and general orders applicable to U.S. Armed Forces and DOD civilians and issued by the Theater Commander or his/her representative. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety.

(2) The Contractor shall comply, and shall ensure that all deployed employees and agents comply, with pertinent Service and Department of Defense directives, policies, and procedures. The Contractor shall ensure compliance with all Federal statutes, judicial interpretations and international agreements (e.g., Status of Forces Agreements, Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces or U.S. citizens in the area of operations. The Contracting Officer will resolve disputes. Host Nation laws and existing Status of Forces Agreements may take precedence over contract requirements.

(3) The Contractor shall take reasonable steps to ensure the professional conduct of its employees and sub-Contractors.

(4) The Contractor shall promptly resolve, to the satisfaction of the Contracting Officer (KO), all Contractor employee performance and conduct problems identified by the cognizant KO or Contracting Officer’s Representative (COR).

(5) The KO may direct the Contractor, at the Contractor’s expense, to remove or replace any Contractor employee failing to perform the duties specified in the PWS for their respective labor category or failure to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative.

(c) Accounting for Personnel. As directed by the KO or COR and based on instructions of the Theater Commander, the Contractor shall report its employees, including third country nationals, entering and/or leaving the area of operations by name, citizenship, location, Social Security number (SSN) or other official identity document number.

(d) Risk Assessment and Mitigation.

(1) The Contractor shall ensure physical and medical evaluations are conducted on all its deployable and/or mission essential employees to ensure they are medically fit and capable of enduring the rigors of deployment in support of a military operation.

(2) If a Contractor employee departs an area of operations without Contractor permission, the Contractor shall ensure continued performance in accordance with the terms and conditions of the contract. If the Contractor replaces an employee who departs without permission, the replacement is at Contractor expense and must be in place within 30 days or as directed by the KO.

(3) The Contractor shall prepare plans for support of military operations as required by contract or as directed by the KO.

(4) For badging and access purposes, the Contractor shall provide the KO or COR a list of all employees (including qualified subcontractors and/or local vendors being used in the area of operations) with all required identification and documentation information.

(5) As required by the operational situation, the Government will relocate Contractor personnel (who are citizens of the United States, aliens resident in the United States or third country nationals, not resident in the host nation) to a safe area or evacuate them from the area of operations. The U.S. State Department has responsibility for evacuation of non-essential personnel.

(6) The Contractor shall brief its employees regarding the potential danger, stress, physical hardships and field living conditions.

(7) The Contractor shall require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships and field living conditions that are possible if the employee deploys in support of military operations.

(8) The Contractor shall designate a point of contact for all of its plans and operations and establish an operations center to plan and control the Contractor deployment process and resolve operational issues with the deployed force.

(e) Force Protection. While performing duties in accordance with the terms and conditions of the contract, the Service will provide force protection to Contractor employees commensurate with that given to Service/Agency (e.g. Army, Navy, Air Force, Marine, Defense Logistics Agency (DLA)) civilians in the operations area.

(f) Vehicle and Equipment Operation.

(1) The Contractor shall ensure employees possess the required civilian licenses to operate the equipment necessary to perform contract requirements in the theater of operations in accordance with the statement of work.

(2) Before operating any military owned or leased equipment, the Contractor employee shall provide proof of license (issued by an appropriate Governmental authority) to the KO or COR.

(3) The Government, at its discretion, may train and license Contractor employees to operate military owned or leased equipment.

(4) The Contractor and its employees shall be held jointly and severably liable for all damages resulting from the unsafe or negligent operation of military owned or leased equipment.

(g) On-Call Duty or Extended Hours.

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

(2) The KO, or COR, will identify the parameters of “on-call” duty.

(3) The Contractor shall be available to work extended hours to perform mission essential tasks as directed by the KO.

(4) The KO may negotiate an equitable adjustment to the contract/TO concerning extended hours, surges, and overtime requirements.

(h) Clothing and Equipment Issue. The Contractor shall ensure that Contractor employees possess the necessary personal clothing and safety equipment to execute contract performance in the theater of operations in accordance with the statement of work. Clothing should be distinctive and unique and not imply that the Contractor is a military member, while at the same time not adversely affecting the Government’s tactical position in the field.

(i) Legal Assistance. The Contractor shall ensure its personnel deploying to or in a theater of operations are furnished the opportunity and assisted with making wills as well as with any necessary powers of attorney prior to deployment processing and/or deployment.

(j) Medical

(1) The Contractor shall be responsible for providing employees who meet the physical standards and medical requirements for job performance in the designated theater of operations.

(2) When applicable, the Government may provide to Contractor employees deployed in a theater of operations emergency medical and dental care commensurate with the care provided to Department of Defense civilian deployed in the theater of operations.

(3) Deploying civilian Contractor personnel shall carry with them a minimum of a 90- day supply of any medication they require.

(k) Passports, Visas and Customs.

(1) The Contractor is responsible for obtaining all passports, visas, or other documents necessary to enter and/or exit any area(s) identified by the KO for Contractor employees.

(2) All Contractor employees shall be subject to the customs processing procedures, laws, agreements and duties of the country to which they are deploying and the procedures, laws, and duties of the United States upon re-entry.

(3) The KO will determine and stipulate the allowability and allocability of payment for entry/exit duties on personal items in possession of Contractor employees per U.S. Customs Service rates and restrictions.

(4) The Contractor shall register all personnel with the appropriate U.S. Embassy or Consulate.

(l) Living Under Field Conditions. If requested by the Contractor, the Government may provide to Contractor employees deployed in the theater of operations the equivalent field living conditions, subsistence, emergency medical and dental care, sanitary facilities, mail delivery, laundry service, and other available support afforded to Government employees and military personnel in the theater of operations. If the above support is negotiated in the contract, at any level, the Government will receive consideration.

(m) Morale, Welfare, and Recreation. The Government will provide to Contractor employees deployed in the theater of operations morale, welfare, and recreation services commensurate with that provided to Department of Defense civilians and military personnel deployed in the theater of operations.

(n) Status of Forces Agreement.

(1) The KO will inform the Contractor of the existence of all relevant Status of Forces Agreements (SOFA) and other similar documents, and provide copies upon request.

(2) The Contractor shall be responsible for obtaining all necessary legal advice concerning the content, meaning, application, etc., of any applicable SOFAs, and similar agreements.

(3) The Contractor shall adhere to all relevant provisions of the applicable SOFAs and other similar related agreements.

(4) The Contractor shall be responsible for providing the Government with the required documentation to acquire invited Contractor or technical expert status, if required by SOFA.

(o) Tour of Duty/Hours of Work

(1) The KO, or COR, will provide the Contractor with the anticipated duration of the deployment.

(2) The Contractor, at his/her own expense, may rotate Contractor employees into and out of the theater provided there is not degradation in mission. The Contractor shall coordinate personnel changes with the KO.

(3) The KO will provide the Contractor with the anticipated work schedule.

(4) The KO, or COR, may modify the work schedule to ensure the Government’s ability to continue to execute its mission.

(p) Health and Life Insurance. The Contractor shall ensure that health and life insurance benefits provided to its deploying employees are in effect in the theater of operations and allow traveling in military vehicles. Insurance is available under the Defense Base Act administered by the Department of Labor.

(q) Next of Kin Notification. Before deployment, the Contractor shall ensure that each Contractor employee completes a DD Form 93, Record of Emergency Data Card, and returns the completed form to the designated Government official.

(r) Return Procedures.

(1) Upon notification of redeployment, the KO will authorize Contractor employee travel from the theater of operations to the designated CONUS Replacement Center (CRC) or individual deployment site.

(2) The Contractor shall ensure that all Government-issued clothing and equipment provided to the Contractor or the Contractor’s employees are returned to Government control upon completion of the deployment.

(3) The Contractor shall provide the KO with documentation, annotated by the receiving Government official, of all clothing and equipment returns.

(s) Special Legal Considerations.

(1) Public Law 106-523. Military Extraterritorial Jurisdiction Act of 2000:

Amended Title 18, US Code, to establish Federal Jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes.

(2) Applicability: This Act applies to anyone who engages in conduct outside the U.S. that would constitute an offence punishable by imprisonment for more than one year, the same as if the offense had been committed within the jurisdiction of the U.S. The person must be employed by or accompanying the Armed Forces outside the U.S.

H.8 Local Clause 52.242-4591

CONTRACTOR PERFORMANCE

INFORMATION (DEC 2005)

H.9 PRE-DEPLOYMENT SECURITY AND BACKGROUND CHECKS.

H.9.1 CONTRACTOR EMPLOYEES. For the purpose of this contract, the term Contractor employee applies to all Contractor employees and subcontractor employees performing work under this contract.

H.10 PERSONNEL RECOVERY (PR) TRAINING

H.10.1 REQUIREMENTS FOR PERSONNEL RECOVERY (PR)/SURVIVAL, EVASION, RESISTANCE, AND ESCAPE (SERE)/ISOLATED PREPARATION REPORT (ISOPREP). Personnel Recovery (PR) training is required for all U.S. Nation deploying or deployed Contractor personnel. Please note, this training is currently only required for U.S. National Contractor personnel deploying within this Area of Responsibility (AOR). It is important to understand that this requirement applies to all U.S. National Contractor personnel who work for the prime or any of the subcontract tier levels on this task order. This training will be required to be taken annually.

H.10.2 In accordance with DoDD 2310.2, Personnel Recovery, AR 350-1, and HQ, AMC Policy dated 31 Mar 05, PR training is a mandatory pre-deployment theater entrance training and certification requirement for this task order. The Contractor is required to provide instruction and assurance of certification/compliance with the following DoD, DA, and HQ, AMC Personnel Recovery Training for all U.S. National Contractor employees:

H.10.2.1 Personnel Recovery Tactics, Techniques, and Procedures (TTPs) Briefing.

H.10.2.2 COCOM/Kuwait/Iraq Specific/special instructions (SPINS) briefings identifying geographic, environmental, and socio/political aspects of the Kuwait AOR.

H.10.2.3 Anti-Terrorism/Force Protection (AT/FP) Level I Training H.10.2.4 Survival, Evasion, Resistance and Escape (SERE) Level B Training

H.10.2.5 Civilian ISOPREP Card H.10.2.6 Registration in CIVTRACKS H.10.3 The Contractor shall provide documentation of the PR training on a reporting basis with ACC-RI. Notification, frequency, and point of contact information will be provided upon contract award with a company employing U.S. Nationals. The required documentation shall include: Employee Name, Social Security Number, Date of Training, Work Location, Estimated Arrival and Departure Dates.

H.11 MARKING PROPRIETARY INFORMATION.

The Contractor shall NOT mark any data provided to the USG under this contract as proprietary; this includes records, files, memoranda, reports, listings, Standard Operating Procedures (SOP), plans, programs, studies, tests, property listings, etc., or any other data acquired or produced by the Contractor in support of this task order.

H.12 COMPLIANCE WITH CONTRACT REQUIREMENTS

H.12.1 The Contractor shall ensure compliance with all contract requirements. An election to perform by subcontract (at any tier) or otherwise does not relieve the prime contractor of its responsibilities to ensure compliance with the contractual requirements.

H.12.2 The Government shall also have the right to use any and all data delivered to further the efficient prosecution of the contingency within the protections afforded under the Trade Secrets Act (18 USC 1905).

H.13 HIRING PRACTICES

During the term of the contract, after completion of the transition period, the Contractor agrees it will not knowingly solicit employees employed by other unaffiliated companies without the prior written consent of such other company. This agreement is not intended to restrict the rights of the employees of the other company from seeking and obtaining employment from the Contractor on their own initiative, or in response to publicly posted employment advertisements or job fairs, so long as no knowing solicitation occurs on the part of the Contractor.

Section I 52.202-1: Definitions (Nov 2013) 52.203-3: Gratuities (Apr 1984) 52.203-12: Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17: Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4: Printed of Copied Double-sided on Postconsumer Fiber Paper (May 2011) 52.204-9: Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13: System for Award Management Maintenance (Oct 2016) 52.204-22: Alternative Line Item Proposal 52.215-8: Order of Precedence- Uniform Contract Format (Oct 1997) 52.215-11: Price Reduction for Defective Certified Cost or Pricing Data-Modifications (Aug 2011)

52.215-13: Subcontractor Certified Cost or Pricing Data-Modifications (Oct 2010)

52.215-21: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications (Oct 2010) 52.216-11: Cost Contract-No Fee (Apr 1984) 52.217-2: Cancellation under Multi-Year Contracts (Oct 1997) 52.222-29: Notification of Visa Denial (Apr 2015) 52.224-1: Privacy Act Notification (Apr 1984)

52.224-2: Privacy Act (Apr 1984) 52.224-3: Privacy Training (JAN 2017) 52.225-14: Inconsistency between English Version and Translation of Contract (Feb 2000)

52.225-19: Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (Mar 2008)

52.226-1: Utilization of Indian Organizations and Indian-Owned Economic Enterprises (Jun 2000) 52.228-3: Workers’ Compensation Insurance (Defense Base Act) (Jul 2014)

52.229-6: Taxes -- Foreign Fixed-Price Contracts (Feb 2013) 52.229-8: Taxes – Foreign Cost-Reimbursement Contracts (Mar 1990) 52.232-1: Payments (Apr 1984)

52.232-8: Discounts for Prompt Payment (Feb 2002) 52.232-9: Limitation on Withholding of Payments (Apr 1984) 52.232-11: Extras (Apr 1984) 52.232-17: Interest (May 2014) 52.232-18: Availability of Funds (Apr 1984)

52.232-22: Limitation of Funds (Apr 1984)

52.232-23: Assignment of Claims (May 2014) – Alternate I (Apr 1984)

52.232-39: Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40: Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1: Disputes (May 2014)

52.237-2: Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.237-3: Continuity of Services (Jan 1991) 52.242-1: Notice of Intent to Disallow Costs (Apr 1984)

52.242-3: Penalties for Unallowable Costs (May 2014) 52.242-13: Bankruptcy (Jul 1995)

52.243-1: Changes – Fixed Price (Aug 1987) – Alternate I (Apr 1984) 52.243-2: Changes – Cost-Reimbursement (Aug 1987) – Alternate I (Apr 1984)

52.244-2: Subcontracts (Oct 2010) – Alternate I (Jun 2007) 52.246-25: Limitation of Liability—Services (Feb 1997)

52.248-1: Value Engineering (Oct 2010) 52.249-4: Termination For Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-6: Termination (Cost-Reimbursement) (May 2004) 52.249-8: Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1: Computer Generated Forms (Jan 1991)

252.201-7000: Contracting Officer’s Representative (Dec 1991)

252.203-7000: Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

252.203-7002: Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.204-7003: Control of Government Personnel Work Product (Apr 1992)

252.204-7004: Alternate A, System for Award Management (Feb 2014)

252.204-7006: Billing Instructions (Oct 2005)

252.204-7012: Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015: Disclosure of Information to Litigation Support Contractors (May 2016)

252.205-7000: Provision of Information to Cooperative Agreement Holders (Dec 1991)

252.209-7004: Subcontracting With Firms that Are Owned or Controlled By the Government of a Country that is a State Sponsor of Terrorism (Oct 2015)

252.222-7002: Compliance with Local Labor Laws (Jun 1997)

252.223-7006: Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Sep 2014)

252.225-7041: Correspondence in English (Jun 1997)

252.225-7043: Antiterrorism/force Protection Policy for Defense Contractors Outside the United States (Jun 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the offices cited in PGI 225.372-1.

252.225-7048: Export-Controlled Items (01 Jun 2013) 252.225-7993 (DEV 2014-O0020): Prohibition on Contracting with the Enemy (Deviation 2014-O0020) (Sep 2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov —

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

52.217-8: Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9: Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

52.252-2: Clauses Incorporated by Reference (Feb 1998)

This contract 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 this/these address:

http://www.acq.osd.mil/dpap/dars/far.html or http://www.acq.osd.mil/dpap/dars/index.htm or http://farsite.hill.af.mil/VFAFARa.HTM 52.252-6: Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR SUPPLEMENT (48 CFR 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Section K 52.204-8: Annual Representations and Certifications (Nov 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561110.

(2) The small business size standard is $7,500,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified…