W56KJD-13-R-0020-0003.pdf

PRC2MR31K00300

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment No. 0003 to Solicitation No. W56KJD-13-R-0020 is issued to:

A. Provide the Government's responses to questions submitted by industry.

B. Revise FAR 52.212-1.

See 'Summary of Changes' for details. All other terms and conditions remain unchanged and in full effect.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 23

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Jul-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W56KJD-13-R-0020

X 9B. DATED (SEE ITEM 11)

06-Jun-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 1 copies of the amendment; (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 APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) 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 date, 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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Jul-2013

CODE

GSCC

GSCC SR-5 CAMP PHOENIX

APO 09320

W56KJD 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W56KJD-13-R-0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT NO. 0003 QUESTIONS

The following questions have been submitted in response to the solicitation, accompanied with Government responses:

Question from Industry Government’s Response

1 ‘Does the reference in paragraph 2. Passenger and Public Liability Insurance a. General on page 27 to "the carrier shall not be able to exclude or limit its liability" refer to international law/agreements such as The Warsaw Convention or similar conventions?’

Insurance requirements for this service must comply with any and all applicable international laws and agreements. (Ref

FAR 28.306)

2 ‘Request that fuel be a cost reimbursable line item due to availability and fluctuation in costs. Fuel available through the NATO contract is approximately $9.50 per gallon. Fuel available through the DLA contract is around $4.00 per gallon. To procure fuel from an authorized vendor requires sponsorship from the DOD. Suppliers of fuel to NATO and the DoD are only able to provide fuel under an Military Technical Agreement between the U.S. and Afghanistan. Obtaining fuel from these sources ensures that the air charter provider is not procuring from a restricted source, or obtaining fuel from a restricted nation under the FAR, ITAR, and Trade Agreements Acts.’

Fuel will not be cost-reimbursable.

Proposals must reflect a Firm Fixed

Price which accounts for fluctuations in fuel price. The Government will permit the contractor to revise its pricing for flight/rotary hours every six months.

Please refer to ‘Special Contract Requirements’ section.

3 ‘Request that a EPA clause be included in the contract regarding procurement of fuel other fluctuating costs’

While the cost of fuel will fluctuate, the Government intends to award a Firm Fixed Price award resulting from this solicitation. To allow for fluctuations in this price, the contractor may re-submit pricing for flight/rotary hours every six months. Please refer to ‘Special Contract Requirements’ section.

4 ‘Will the Government accept proposals for various aircraft types for each of the aircraft categories?’

Yes, the government will accept proposals for various types of aircraft meeting the aircraft specifications at

PWS 3.3 and 3.4.

5 ‘At all locations identified, the Afghan Security has terminal services set up. Can we take advantage of these services?’

The contractor may utilize security screening services already in place at the airbases and may provide additional screening of passengers and cargo and its discretion. Please, refer to PWS 2.3.2.1, 2.3.2.2, 2.3.2.3 and 2.3.3.4.

6 ‘Will aircrews be allowed to carry weapons? It will be extremely difficult to hire and deploy pilots and crew that are not allowed to carry a sidearm.’

Please refer to DFARS 252.225-7040 (Dev). Contractors may submit an arming plan for employees following award of the IDIQ.

7 ‘Will the DoD be providing casevac and downed aircrew recovery?’

The Government will coordinate casualty evacuation support in the event of a downed aircraft. Please refer to PWS 2.2.7. for aircraft equipment necessary to facilitate this support.

8 ‘Confirm that the use of interpreters will be acceptable for the multi-language requirement. How will the interpreters be badged if they are Afghan nationals?’

Yes, interpreters will be acceptable for the multi-language requirement. Please refer to PWS 5.1.1.

9 ‘Request an extension to the proposal due date from July 6 to July 19.’

In accordance with Amendment No.

0001, the required date and time for receipt of proposals has been extended to 0330 Eastern Standard Time on 20

July 2013.

10 ‘Will the Government please provide a complete list of contractor

Key Personnel required for this contract?’

Key Personnel for this requirement are defined in PWS 5.1.1. The Contracting Operations Officer is considered Key

Personnel.

11 ‘Please confirm that ALL contractor personnel are required to obtain and maintain SECRET security clearances for this contract, or are only key personnel such as pilots, mission planners, operations staff/managers required to have SECRET clearances?’

Please note, this requirement has been reserved. Please note PWS 4.2.13,

4.2.14 and 4.2.16.

12 ‘We would like to provide a turn-key solution by teaming with a fixed-wing company which will allow our team to provide both rotary and fixed-wing aircraft. Our company is a rotary-wing operator that has an active CARB certification, however, our proposed fixed-wing company's CARB is inactive due to loss of funding on a contract. The company has successfully passed a CARB audit and is operating per CARB procedures which will allow for an easy reactivation. Based on these circumstances can we bid as a collective team (the fixed wing company as a subcontractor) and submit bids on fixed-wing TOs only after our fixed-wing company's CARB is reactivated?’

All aircraft tendered must be CARB approved in order to be eligible for performance of this contract in accordance with FAR 52.212-1 and

FAR 52.212-2.

13 ‘Are small arms included in the ACLSE equipment list AND are contract personnel approved for this particular equipment?’

The Government cannot answer the first part of the question. Regarding the second part, if the question is whether contract personnel may be authorized to be armed, the offeror should refer to DFARS 252.225-7040 (Dev). The contractor shall submit their arming plan in accordance 252.225-7040(Dev).

The contractor’s arming plan will be reviewed by the Contracting Officer and the Armed Contractor Oversight Directorate (ACOD).

14 ‘Are these “escort” personnel intended to be the “air marshals”’ There are no guaranteed escorts provided by the Government. NTM- A/CSTC-A may provide escorts at its sole discretion. PWS 2.2.10 requires that the contractor fly NTM-A/CSTC-A escorts if they are manifested on the

AMR.

15 ‘If arming of crew/air marshals is approved by the KO/COR will the government require that those personnel that are to be armed receive CENTCOM arming authority OR will the contractor acquire arming authority by sub-contracting a Risk Management Company (RMC) IAW GIRoA laws and regulations?’

The Contracting Officer will accept arming requests in accordance with DFARS 252.225-7040(Dev) and then they would have to obtain arming authorization from the Armed Contractor Oversight Directorate (ACOD). Please refer to the arming requirements as laid out in USFOR-A FRAGO 13-036. If RMC personnel are used, they too would have to receive arming authorization from ACOD.

Note, however, that RMC personnel MAY NOT be contracted to provide security services, including any sort of protection, "guardian angel," or "air marshall" duties. They may only be contracted to provide security ADVISORY services and are only armed for personal protection.

16 ‘If crew/air marshals are approved to be armed, and are armed under the GIRoA laws and regulations will the USG base security operations recognize this arming authority?’

No. The Government’s base security normally will also require arming authorization from the Armed Contractor Oversight Directorate. DOD contractors cannot carry weapons anywhere in the CJOA-A without arming authorization from ACOD.

Please refer to arming process at DFARS 252.225-7040(Dev).

17 ‘Is the arming of crew personnel/air marshals considered as part of the AT/FP requirements for CENTCOM as outlined in DODD 5210.56, CENTCOM message 18607ZJan11, and USFOR-A

FRAGO 11-128?’

USFOR-A FRAGO 11-128 was rescinded some time ago. The current FRAGO is 13-036. In any case, arming of contractor crew and "air marshall" personnel must comply with FRAGO 13-036 (which implements the requirements of the CENTCOM msg).

The DoDD 5210.56 would not apply here (except incidentally), as the contractors would be armed only for personal protection and not to perform security services.

18 ‘Will the KO/COR approve the arming of civilian contractors under the guidance set out in DODD 5210.56, CENTCOM message 18607ZJan11, and USFOR-A FRAGO 11-128? If so, will the KO/COR require that GIRoA authorization be obtained

Any DOD civilian (except for DoD law enforcement civilians, such as CID, NCIS, or IG investigators, who are regularly armed as part of their duties for arming of personnel in addition to the CENTCOM authorizations?’

wherever they are) or contractor personnel armed in the CJOA-A must obtain and possess a valid arming authorization from Armed Contractor Oversight Directorate, otherwise they will be in violation of US law and contractual provisions. In granting arming authorization, ACOD does not require proof that the individual has a GIRoA arming authorization (such as a "carry permit"). ACOD requires only that the company have an AISA and a PSC or RMC license.

19 ‘Will the government please clarify if the contractors passenger and cargo screeners must be US expats?’

All screening and loading procedures are outlined in the PWS section 2.3. The Government does not require that cargo screeners must be US expats.

20 ‘Does the government require the contractor to provide a dedicated screening manager/resource scheduler in addition the specified Operations Officer?’

No, the only key personnel requirement is the Contract Operations Officer 5.1.1.

The Government will not mandate personnel requirements for security screening.

21 ‘With reference to paragraph 952.225-0011, Government

Furnished Contractor Support, are NATO expats given the same support as US Citizens, or are they classed as TCNs?’

For the purposes of this provision, NATO country expats will be treated as

US citizens.

22 ‘Will LNs be authorised access (badges) to airbases where contractor will base themselves (Kabul, Kandahar, Shindand, Herat, Mazar-e-Sharif)?’

Badge issuance is contingent on base commander’s policy. The Government will assist the contractor in badging its employees. Please refer to DFARS 252.225-7040 (Dev).

23 ‘Can you expand on your daily security briefings and address delays due to high threat levels?’

Security briefs will provide current threat streams. If a route is deemed high threat, then that mission may be delayed. Mission Planning will occur as described in PWS 1.4.3.1.3.

24 ‘Can you please define blade hour? We assume it is block hour

(Engine On – Engine Off)?’

Please refer to PWS 1.4.3.1.3;

blade/flight hours will be calculated from wheels/rails up at origin to wheels/rails down at the destination.

25 ‘What are the selection criteria for being down selected for the

IDIQ?’

Please refer to FAR 52.212-2

26 ‘What are the selection criteria on the task order level (Price, availability and/or reliability etc.)’

The Government intends to utilize the same evaluation criteria contained in this solicitation at FAR 52.212-2 for individual task orders. The Request for Task Order Proposals will clearly state the evaluation criteria.

27 ‘Under section 4.2.14 Personnel Security – How will the Government issue security clearance for foreign nationals given that the aircraft types requested can only be operated by a foreign flag operator?’

PWS 4.2.14. is reserved.

28 ‘Please identify the location and the capacity of the ramp space that will be provided in the different areas’

The five (5) major basing locations will have ramp space available as identified in PWS 1.1.

29 ‘Under paragraph 3.4.1, will the government accept a BPS that is approved by the foreign flag carrier’s civil aviation authority?’

Yes, the Government will accept a BPS that is approved by the foreign flag carrier’s civil aviation authority as long as it meets or exceeds the ballistic protection requirements of US certification.

30 ‘Reference: PWS Page 43 – Para 5.2.1 Required Reports

Question:

Our company employs over two-hundred aircrew and each will rotate into Afghanistan in order to work this contract. What would you like us to submit for “aircrew certifications… as part of this proposal”?’

Para. 5.2.1 states "Submit aircrew certifications and aircraft registration as part of the proposal. Certifications for aircraft later added, or substituted, and new aircrew personnel, are to be submitted to the COR prior to utilization."

The contractor's initial group of aircrew should therefore be included with the proposal and replacements submitted to the COR as stated.

31 ‘2. Reference: Clause 952.225-0011 Government Furnished

Contractor Support

Question:

Section 952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (MAY 2012) states that TCNs will not receive billeting, DFAC or other support. Sections 4.1.4 and

4.1.5 state that billeting and subsistence will be “provided for contractor employees required to stay at airfields classified as basing locations.” Will the government provide billeting and subsistence to TCNs who fill a critical operational function and are required to stay at airfields classified as basing locations?’

Yes, if those TCNs are part of the contractors workforce.

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. (DEVIATION 2013-O0015) As prescribed in 225.7402-5(a), use the following clause, in lieu of DFARS 252.225-7040 (FEB 2013):

CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED

http://www.acq.osd.mil/dpap/dars/dfars/html/current/225_74.htm#225.7402-5

FORCES DEPLOYED OUTSIDE THE UNITED STATES

(DEVIATION 2013-O0015)(JUN 2013)

(a) Definitions. As used in this clause—

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

“Designated operational area” means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in—

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(3) Contractor personnel are civilians accompanying the U.S. Armed Forces.

(i) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, Contractor personnel are only authorized to use force for individual self-defense.

(ii) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C.

106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) The Contracting Officer will include in the contract the level of protection to be provided to Contractor personnel.

(iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the designated operational area are authorized to receive resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur.

Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract.

(4) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that contractor employees accompanying U.S. Armed Forces are aware—

(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;

(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) To any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8) The Contractor shall ensure that Contractor employees accompanying the U.S. Armed Forces are aware of their rights to—

(A) Hold their own identity or immigration documents, such as passport or driver’s license;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

http://www.cid.army.mil/reportacrime.html http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522 http://www.ncis.navy.mil/Pages/publicdefault.aspx http://www.dodig.mil/HOTLINE/index.html http://www.dodig.mil/HOTLINE/index.html

(E) Identify grievances without fear of reprisal;

(F) Have a copy of their employment contract in a language they understand;

(G) Receive wages that are not below the legal in-country minimum wage;

(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and

(I) If housing is provided, live in housing that meets host-country housing and safety standards.

(e) Pre-deployment requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract.

(i) All required security and background checks are complete and acceptable.

(ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theater-specific immunizations and/or medications not available to the general public.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to deploying personnel shall contain the access permissions allowed by the letter of authorization issued in accordance with paragraph (c)(4) of this clause.

(iv) Special area, country, and theater clearance is obtained for personnel. Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship.

(v) All personnel have received personal security training. At a minimum, the training shall—

(A) Cover safety and security issues facing employees overseas;

(B) Identify safety and security contingency planning activities; and

(C) Identify ways to utilize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors.

(vii) Personnel have received law of war training as follows:

(A) Basic training is required for all Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The basic training will be provided through—

(1) A military-run training center; or

(2) A web-based source, if specified in the contract or approved by the Contracting Officer.

(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract.

(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that—

(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C.

3621, et seq.);

(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States;

(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C.

7(9)); and

(iv) In time of declared war or a contingency operation, Contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(f) Processing and departure points. Deployed Contractor personnel shall—

(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause;

(2) Use the point of departure and transportation mode directed by the Contracting Officer; and

(3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures.

(g) Personnel data.

(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system to enter and maintain the data for all Contractor personnel that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause.

(2) The Contractor shall enter the required information about their contractor personnel prior to deployment and shall continue to use the SPOT web-based system to maintain accurate, up-to-date information throughout the deployment for all Contractor personnel. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the SPOT database in accordance with the timelines established in the SPOT Business Rules.1

1 1 Hyperlink to www.acq.osd.mil/dpap/contingency/attachments/BT705C2_01-business%20rules_web.pdf http://www.acq.osd.mil/dpap/contingency/attachments/BT705C2_01-business%20rules_web.pdf

(h) Contractor personnel.

(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause.

(2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall—

(i) Identify all personnel who are subject to military mobilization;

(ii) Detail how the position would be filled if the individual were mobilized; and

(iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential.

(3) Contractor personnel shall report to the Combatant Commander or a designee, or through other channels such as the military police, a judge advocate, or an inspector general, any suspected or alleged conduct for which there is credible information that such conduct—

(i) Constitutes violation of the law of war; or

(ii) Occurred during any other military operations and would constitute a violation of the law of war if it occurred during an armed conflict.

(i) Military clothing and protective equipment.

(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must—

(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and

(ii) Carry the written authorization with them at all times.

(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel.

(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer.

(j) Weapons.

(1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons for personal protection, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, enclosure 2, paragraph 4.e.(2). The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

(2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons—

(i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons and ammunition to specified employees; or

(ii) The [Contracting Officer to specify the appropriate individual, e.g., Contracting Officer’s Representative, Regional Security Officer] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—

(i) Are adequately trained to carry and use them—

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and

(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition.

(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer.

(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area.

(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

(m) Evacuation.

(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national Contractor personnel.

(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract.

(n) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.

(2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense.

(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the Combatant Commander.

(End of clause)

The following have been modified:

CONTRACT DATA REQUIREMENTS LIS

CONTRACT DATA REQUIREMENTS LIST (CDRL)

Data Item No. Title of Data Item Reference

0001 Defense Base Act Insurance Policy FAR 52.228-3

0002 Arming Authorization

DFARS 252.225-7040

(Dev) 0003 Monthly Contractor Census Reporting AI 952.225-0005 0004 Demobilization Plan AI 952.225-0016 0005 Aircrew Certifications / Aircraft Registration PWS 5.2.1 0006 COR Monthly Reports PWS 5.2.2

0007 Aircraft Performance Summary Report PWS 5.2.3 0008 Incident Report PWS 5.2.4 0009 MoTCA Report PWS 5.2.5 0010 Aircraft Safety Report PWS 5.2.6

0011 Passenger and Public Liability Insurance Special Requirements

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.

The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-

866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.