AMD 0002-W5J9JE19R0002.pdf

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

The purpose of this amendment is to add language regarding the stamping of designs.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 17-Feb-2020

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 W5J9JE19R0002

X 9B. DATED (SEE ITEM 11)

23-Jan-2020

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

17-Feb-2020

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE19R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 72 00 - GENERAL CONDITIONS

The following have been modified:

SCOPE OF WORK

GENERAL INFORMATION

a. PERFORMANCE PERIOD: A base period of two (2) years and three (3) one (1) year option periods. The contract will expire after five years or when capacity is reached, whichever comes first. A separate period of performance will also be included on each individual task orders based on the project requirements.

b. MAXIMUM CONTRACT VALUE: Not-to-exceed $98,000,000.

c. MINIMUM GUARANTEE: The minimum guarantee amount is $10,000 for the base and all option periods of the contract. There will not be any separate minimum guarantee paid for any option period.

d. TASK ORDER LIMITATIONS: The Minimum Task Order is $150,000 and the Maximum Task Order is limited to $7,500,000.

e. METHOD: Design Build or Design Bid Build. For design build projects, the Government will provide a 15-95% design that accompanies the task order scope of work, the Contractor is expected to develop and complete the entire design.

PURPOSE AND SCOPE:

The purpose of this USACE Afghanistan District Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) is to provide real property repair and maintenance, environmental work, incidental de-mining, site assessments, site-adapt work, force protection work, and construction services, in the areas identified below.

The overall project objective is to provide for the construction of utility infrastructure, general building renovation, soil remediation (collapsible soil), incidental environmental remedial work, road and pavement repair, and general construction work including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, and concrete work within Afghanistan. Project work may also include force protection type projects (i.e. t-walls or gravel emplacement) and design-build projects for various construction and utility infrastructure type projects.

The contractor shall maintain the capability to provide quick responses for this work. Task Orders issued under this contract shall be primarily issued for work assigned to Bagram Airfield, Afghanistan, and/or Kandahar Airfield, Afghanistan, but may, at the discretion of the contracting officer, be used for projects anywhere in the Afghanistan District area of responsibility that are in support of US Forces.

This firm fixed priced (FFP) IDIQ will allow for a higher throughput of projects to meet the customer’s needs, obligate funds and receive quality services; and will reduce the level of effort for procurement, be more cost effective to the government, and reduce acquisition lead time.

Contract awards are anticipated for any work for US Forces and/or Facilities in Afghanistan. The contractor will be required to perform FFP task orders within the full scope of work of the base contract which is for construction services, including but not limited to, real property repair and renovation, associated environmental work, and force protection work. The contracts to be awarded under this acquisition plan are for construction projects within the Afghanistan District’s area of responsibility including installation projects for the DoD and other Federal Agencies in support of defense operations. Contractor personnel requiring access to U.S.

Government facilities will be required to obtain an installation pass.

DESIGN

Ancillary design associated with a Design Build construction task order may be required under the contract; A-E design work is not part of this contract. Projects shall be designed and built to conform to the user’s requirements and U.S. standards as identified in the planning documents, design meetings, criteria from US Government, and as directed through the design process.

This contract requires the submission of signed and stamped or sealed design documents, permit applications or certifications prepared by its active status, registered professionals. The design deliverables under this contract may include sets of properly signed, dated, and stamped or sealed drawings; a certified cover document showing–for each discipline–the name, stamp or seal of the professional who supervised the work, and the date each stamp or seal was affixed;

and an electronic equivalent that indicates–for each discipline–the name, stamp or seal of the professional who supervised the work, and the date each stamp or seal was affixed. The contractor’s designer(s) of record will prepare or review and approve their work by affixing their signature and stamp or seal on design documents, permit applications, or certifications. If additional requirements or instructions are required they will be specified at the task order level.

The contractor’s Designer of Record must be licensed and registered by a recognized jurisdictional entity with authority to grant such a license or registration. Registration of professionals is often required to protect the public’s health, welfare, safety, and property. Please note, a professional license is an individual’s authorization to practice and use a professional title. Being licensed and registered is not the same as being a member of a voluntary association.

Licensure and registration requires an application, exam, and regular payment of licensure fees in exchange for the authorization.

The proposed construction shall be executed in compliance with the current and applicable host nation environmental laws and regulations, and that, as such, it will not contribute to ground, water, or air pollution and will not adversely affect the environment. All preparations, material, equipment and personnel required for the project and placement into operational condition shall be the responsibility of the Contractor. The Contractor during further design is to verify the physical security requirements of the fencing and active/passive barriers. The Contractor is expected to develop and complete the entire design associated with the Design Build task order.

The construction of projects should be completed within the number calendar days of NTP (notice to proceed) as identified in the task order.

TASK ORDER SUBMITTALS, SHOP DRAWINGS, AND AS-BUILTS

a. The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts as required. Submittals shall be approved by the COR at the task order level in accordance with Specification Section 01 33 00.

b. The Contractor shall develop submittals and shall provide these submittals to the Contracting Officer’s Representative (COR) for review and approval no later than fifteen (15) calendar days after award of the task order. In the event any of the submittals are disapproved by the COR, the Contractor shall revise the disapproved submittal to address all comments and resubmit to the COR within seven (7) days of receipt of comments. Initial Contract submittals shall include but are not limited to Safety Plan, and Quality Control Plan.

c. The Contractor shall update task order submittals and provide to the CO and/or COR, whichever is applicable, for review and approval whenever changes occur or are proposed. All submittals shall be prepared in accordance with the FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION and Specification Section 01 33 00 requirements.

QUALITY CONTROL

The Contractor shall submit a Quality Control Plan at the task order level. The plan shall adhere to Specification Section 01 45 01. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with Specification Section 01 45 01 and Contract FAR Clause 52.246-12 Inspection of Construction.

SAFETY

a. Safety shall be the sole responsibility of the Contractor. The Contractor shall comply with the provisions of the Contract Clauses, “ACCIDENT PREVENTION” (FAR 52.236-13);

Specification Section 01 35 26 and 01 35 26.10 at the task order level, and the latest EM 385-1-1 US Army Corps of Engineers Safety and Health Requirements Manual. In addition, the Contractor shall comply with host nation safety requirements. You may access this manual at the following internet website:

http://www.usace.army.mil/CESO/Pages/Home.aspx

b. The Contractor shall submit a Safety Plan to describe procedures and plans for preventing accidents and for preserving the life and health of the public, the Contractor, or Government personnel performing, or in any way coming in contact with the performance of this contract.

c. The Contractor’s Safety Plan shall comply with the latest EM 385-1-1. Appendix A of the U.S. Army Corps of Engineers Safety and Health Requirements Manual and Contract Clause titled “ACCIDENT PREVENTION” (FAR 52.236-13). The plan, at a minimum, shall address responsibilities and procedures that all prime and subcontractor personnel shall follow in the areas of fire safety, protective clothing, protective equipment, disposal http://www.usace.army.mil/CESO/Pages/Home.aspx of waste and contaminated oil, and use electric welders, power equipment, and any other systems necessary to protect the employee.

d. Regularly scheduled safety meetings shall be held by the Contractor on site for all of the Contractor’s supervisors on the project to review past activities, plan for new or changed operations and establish safe working procedures for anticipated hazards. At least one (1) tool box safety meeting shall be conducted weekly by the line supervisor or foreman for all workers. Documentation of safety meetings and attendance shall be submitted to the Government.

PERMITS AND RESPONSIBILITIES

Permits and Responsibilities are the responsibility of the Contractor as required in FAR 52.236-7 Permits and Responsibilities and any local requirements.

CONTRACTOR’S RESPONSIBILITY

a. The contractor shall be held responsible for any and all damages attributed to the actions of the Contractor or its subcontractors outside the limits of construction, including drainage structure, electrical or telephone facilities, pavement and other facilities.

b. When required, the Contractor shall lay out their work from Government established base lines and/or bench marks as indicated. The Contractor shall furnish at their own expense all stakes, templates, platforms, equipment, tools, material, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades.

c. The Contractor shall erect and maintain temporary barricades, if required, to limit public access to hazardous areas. Barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

d. The Contractor shall be responsible for the security of their equipment.

e. Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away. Materials resulting from demolition activities which are salvageable shall become the property of the contractor unless otherwise stated in the contract. Stored material, whether new or salvaged, shall be neatly stacked.

f. All debris shall be removed and the area restored to its original condition, including top soil and seeding if necessary.

CLOSE OUT

All shop drawings, if required, warranties, extended warranties, test records, inspection certifications, and manufacturer certificates shall be provided to the Contracting Officer. The Contractor shall certify in writing that upon completion of the work and cleanup of the work areas that the site is environmentally clean with no Hazardous, Toxic and Radioactive Wastes (HTRW) contaminates resulting from the Contractor’s operation.

WARRANTY OF CONSTRUCTION

The Contractor warrants that the work is performed in a satisfactory manner and meets industry standards. The Contractor shall provide an understood warranty of one (1) year for all construction and as applicable in the Contract Clause “52.246-21 WARRANTY OF CONSTRUCTION” Extended warranties if applicable shall be provided.

PERFORMANCE OF THE CONTRACT

In performance of work under this contract, the Contractor shall:

a. At the end of each work week, provide the Contracting Officer’s Representative (COR) or authorized representative with a work schedule for the next week complete with an Activity Hazard Analysis (AHA), listing the site locations to be worked and the required trades for the following week. The Contracting Officer’s Representative shall be notified immediately if revisions are necessary during the work week.

b. Arrange with the COR or authorized representative a sequence of procedures, means of access, space for storage or materials and equipment, use of approaches, corridors, and stairways.

Since space for storage is limited in work areas, the majority of storage must be outside or at the Contractor’s assigned area. Only materials to be used for work under this contract may be stored at the assigned areas.

c. The buildings and work areas may be occupied during performance of work under this contract. The Contractor shall take particular care in the execution of the work in all computer, mechanical, electrical, and telephone equipment areas. Uninterrupted operations must be maintained in these areas.

TASK ORDERS

a. When the Government has a work request, a Request for Proposal (RFP) will be issued. The RFP shall include information concerning the statement of work, guide specifications, drawings, attachments, information pertaining to a site visit, and any other requirements for submission.

b. Contractor attendance at site visits is considered vital to preparation of offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers. The Contractor shall not be reimbursed for attendance during negotiations, site visits, or other pre-Task Order award costs.

c. The Contracting Officer reserves the right to make attendance at site visits mandatory for specific Task Orders.

d. Ordering shall be as specified herein and in accordance with Contract DFARS Clause 252.216-7006 “Ordering” and FAR Clause 52.216-19 “Ordering Limitation.”

REQUESTS FOR PROPOSAL

Contractors shall respond to RFP’s within the number of calendar days stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP. Site Visits shall be coordinated with the Project Manager or COR.

Proposals will either be accepted as-is or negotiated to the mutual agreement of both, the Government and the Contractor. Upon conclusion of satisfactory discussions or negotiations, a Task Order will be issued by the Contracting or Ordering Officer reflecting the negotiated order price and payment terms as outlined in the statement of work and specifications. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means.

PREPRICED ITEMS

Contractor’s Pre Priced shall contain all costs. The Contractor's Pre Priced Items shall contain all Contractors costs inclusive of profit, all overhead (to include home office and field overhead), labor burden, insurance, adjustments to listed prices, general and administrative expenses, subcontractor mark-up, mobilization and demobilization, and all other costs including, but not limited to, compliance with environmental laws, permits, preparation of reports, correspondence and documentation required by law or these specifications, tax laws, protection and/or moving of government property and engineering services. (Engineering services include those services that are incidental to construction, and completing submittals for construction work). The Pre Priced Items shall also include costs necessary to interface with Government representatives, and coordination with occupants and other Contractors as necessary.

The Pre Priced Items shall also include, but is not limited to, costs for:

a. Contractor’s overhead and profit

b. Subcontractors overheard and profit

c. All cost associated with bank guaranty

a. Defense Base Act (DBA) Insurance

b. All waste and excess material

c. Employee payroll taxes, insurance and fringe benefits

d. Business taxes, contributions, memberships, corporate headquarters support (legal, financial, etc.)

e. Compliance with environmental laws (overheard {indirect} cost associated with performing work in compliance with EPA/OSHA regulations including local Government requirements, including obtaining any necessary licenses and permits, reporting requirements, etc.)

f. Mobilization and close out for the total contract and each Task Order

g. Compliance with protection and safety laws (i.e., safety rails, face and clothing protection, etc.)

h. Clean up

i. Traffic and work-site signs and barriers

j. Project management and supervision

k. Quality control

l. Submittal preparation

m. Office management and equipment

n. Depreciation of mobile office(s)

o. Protection of Government property

p. Interest associated with funding of equipment and payroll

q. As built drawings

r. Permits, licenses, and fees

s. Other risk of doing business (i.e. currency risk)

Bare Cost is defined as:

a. Material cost which may include freight but may not include any overhead or associated cost whether by the Prime or a Subcontractor, or both.

b. Labor cost which may include associated payroll taxes, but excludes vacations, sick leave or any labor overheads whether by the Prime or Subcontractor, or both.

c. Equipment that is to be used solely as a result of the inclusion of the Non Pre-Priced item whether by the Prime or Subcontractor, or both.

SECURITY REQUIREMENTS

Contingency Operations: The geographic Combatant Commander’s AT policies take precedence over all AT policies or programs of any DoD component operating or existing in that command’s area of responsibility. These policies, in conjunction with area specific AT security guidance, form the core of AT security criteria which shall be applied to all contracts as a baseline.

CETAA and the contractor will work closely with Antiterrorism Officers and legal advisors to ensure that AT security considerations are properly and legally executed.

Contractor personnel screening requirements will be met prior to award and again prior to commencing work under the contract. The Contracting Officer or other applicable authority will notify security forces prior to the start of contract performance to ensure all required AT security measures are in place.

The security requirements will be continuously evaluated to ensure that the AT security measures are commensurate with the work and are reviewed as local threats change and/or if contract terms and requirements change.

Classified Information: No classified documents are contained within or will be produced under this acquisition. However, should security issues arise, all documents and work for this project will be handled in accordance with the classification criteria, as applicable.

Access Control Requirements: The entire project will be executed within a contingency environment, which is an active base that will continue with routine activities throughout execution of the project.

The construction contractor shall comply with the visa requirements applicable pursuant to the agreements between the United States and Afghanistan to enter and remain in Afghanistan. The contractor shall comply with the access control system implemented to control access to the base, including the requirement to search personnel, equipment, vehicles, and materials. All access control requirements are clearly defined in the solicitation.

The contractor will be required to comply with the base security requirements Special Contract Requirement SR-03 – Base Security Requirements.

The Government, acting in its sovereign capacity retains all rights to refuse or inhibit access of any employee or the access of any group of employees. The contractor shall submit a list of names of the workers that intended for employment at the work site, including all the required personnel details and duration of working period on the site. Only employees whose names have been approved by the base security office may enter the Site. Base access of the Contractor's and employees' vehicles is forbidden except for the Prime contractor’s key personnel as defined in the Contract and Foremen who will be approved by base security. Workers shall be transported by the approved vehicles only and not by their own vehicles from the base gate to the project site.

The Contractor performing the works shall take part in Base Security instruction, according to which the Contractor agrees to fulfill all these present field security instructions, as well as their commitment to continue to abide by the base HQ ongoing security instructions as they arise, in order to maintain the required security posture.

CORRESPONDENCE IN ENGLISH

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated on this contract based on its estimated value exceeding the $700,000 threshold. Interim evaluations must be prepared every 365 calendar days and may be prepared at any time during performance when determined to be in the best interest of the Government.

ENGINEERING MANUAL (EM) 385-1-1, SAFETY & HEALTH REQUIREMENTS:

This contract may be used for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, therefore the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of this solicitation, available at http://www.usace.army.mil/CESO/Pages/Home.aspx

COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS:

The laws of Host Country may prohibit access to certain areas of the country which are under military control. The Contractor shall be responsible for advising the Contracting Officer's Representative of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government. Contractors may have to submit relevant personnel information up to 30 days in advance prior to being granted access by the Host Government to certain locations.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be http://www.usace.army.mil/CESO/Pages/Home.aspx responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

• Official language and type of accounts required to satisfy the officials of the Local Government.

• Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

• Passports, health and immunization certificates, and quarantine clearance.

• Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

• Strikes, demonstrations and work stoppage.

• Collection through withholding and payment to local Government, of any Host

Country income tax on employees subject to tax.

• Arranging to perform work in the Host Country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

• Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

• Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

• Compliance with workmen's compensation laws and contributions into funds.

Provisions of necessary medical service for Contractor employees.

• Special license required by the local Government. Including any license or permit required for setting up and operating any manufacturing plant in the Host Country, e.g. concrete batching, precast concrete, concrete blocks, etc.

• Sales within the host country of Contractor-owned materials, and equipment.

• Special licenses for physicians, mechanics, tradesmen, drivers, etc.

• Identification and/or registration with local police of imported personnel.

• Compliance with base access requirements and obtaining base passes for permanent staff, day laborers, motor vehicles, etc.

• Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

UNAUTHORIZED SERVICE

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract.

The contractor shall take no direction from any Government employee or any other person, other than a USAID Contracting Officer, that changes the terms and conditions of this contract or any change that impacts the cost, price or schedule. Changes authorized by the contracting officer will be in the form of a written, official, signed modification to the contract action received by the contractor before the contractor will act upon those changes.

If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S. Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S.

Government.

Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters.

PAYMENT AND INVOICING

No separate payment, except as specified herein, will be made for the work covered under this section and all costs in connection therewith will be included in the applicable contract price to which the work pertains. The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Deliverables of the contract must be accepted by the Government before payment will be made. The contractor shall not submit invoices more often than once monthly. The contractor shall give the status of the project expressed as a percentage basis for each work item and Contract Line Item Number (CLIN) of the total amount of work completed. Invoices shall be submitted on ENG Form 93 which will be provided to the Contractor by the Government.

AVAILABILITY OF UTILITY SERVICES:

In accordance with FAR 52.236-14 Availability of Utility Services, all reasonably required amounts of water, electricity, and other utilities essential to contract performance will be made available to the contractor at no cost to the contractor from existing systems, outlets and supplies.

All temporary connections, outlets and distribution lines, as may be required, shall be installed, maintained and removed by the Contractor at Contractor's expense; removal shall be before final acceptance of the work by the Government. The Contractor shall carefully conserve any utilities furnished without charge.

AT OPEC REQUIREMENTS

AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil http://jko.jten.mil/

Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

Army Training Certification Tracking System (ATCTS). registration for contractor employees who require access to government information systems. All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm http://cdsetrain.dtic.mil/opsec/index.htm

For Cyber Awareness (Information assurance (IA)/information technology (IT)) training.

All contractor employees and associated sub-contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. DoD Cyber Awareness Challenge Training is available at the following website: https://ia.signal.army.mil/DoDIAA/ For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations;

humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingency and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b of AR 381-12.

Other Country National Requirements All personnel must meet initial screening requirements. The Manager must obtain an escort base access badge. Employees must obtain a red base access badge. All personnel shall maintain continuous eligibility to possess the required access badge throughout the life of the contract.

1. All personnel will be required to give biometrics data to include, but not limited to, fingerprints, DNA and registration in the BATS/HIDES system.

2. Security Screening: The Contractor shall provide information to U.S. Government personnel for security screening of their workers. While documentation requirements will vary with installations around Afghanistan, and could change at any time based on security requirements, the following are the minimum amounts of documentation that are required:

* Tazkara (National ID for Afghan citizens)

* Passport (for Third Country Nationals)

* Name (to include any nicknames)

* Father's Name

* Maiden Name

* Address (Residence)

* Phone Number

* Driver License # (If applicable)

* Estimated Date of Birth https://ia.signal.army.mil/DoDIAA/

3. Criminal Investigation Screening. All employees working under this contract may be required to pass a Criminal Investigation Screening for security purposes.

4. Employee Monitoring. The Contractor shall screen and monitor each employee and potential employee to identify those who may pose a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population. The Contractor shall notify the COR of any reason or condition that identifies an employee or potential employee as a potential threat to the health, safety, security, general wellbeing, or operational mission of the installation and its population. The Contractor shall not employ individuals identified by the Contractor, COR, Contracting Office or US Government security personnel as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population in the performance of this contract.

5. All contractor employees will be medically screened for pulmonary disease/tuberculosis (PD/TB). The contractor shall bear the cost of any required medical screenings. Any contractor employee that tests positive for TB or is otherwise ill, will not be permitted access to the FOB until such time that they are healthy. Contractor personnel shall comply with Base contractor escort policy. Violations of this policy may result in termination of the contract. Contractor personnel found outside of the prescribed work area will be detained and then removed from the site. Contractor personnel will only take direction from the COR (contracting officer representative) or KO (contracting officer). Contractor personnel will never take direction regarding any aspect of the project from escorts or other unit personnel

6. All contractor employees are subject to search at the gate and at any other time deemed necessary by the COR, or security personnel. All contractor employees shall be bat/hide in accordance with applicable Force Protection requirements. Employees shall undergo a security screening and be given identification badges which must be worn and visible at all times while on the installation. Each contractor employee shall abide by the authorizations and restrictions as identified on the badge. All directives will be strictly followed. Failure to adhere to directives or the permissions granted by the badging office, are grounds for immediate escort off the installation. Contractor employees who are escorted off the installation for failure to adhere will not be permitted access until such time as they are cleared by the badging office.

7. The contractor shall insure that any replacement employees are coordinated through the COR.

The contractor shall certify to the fact that all proper medical screening has been obtained and will produce records to the fact upon request. The contractor is responsible for coordinating all necessary paperwork through access control to insure their employees are properly badged and cleared. A monthly employee roster will be provided to the COR, listing all employee names, place of origin, and nationality, badge number and Taskera number. If at any time five (5) or more employees are replaced at one time the contractor will immediately provide the COR with an updated employee roster.

Conduct of OCN Personnel

1. The government may require the contractor to terminate the employment of any contractor employee under this contract for reasons of misconduct, security breaches, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agents. The government will immediately confiscate all badges and escort the employee off the installation.

2. Weapons of any type, to include knives, are not to be in any contractor employee's possession.

3. Removing objects from refuse for personal use is not authorized.

4. At no time, without authorization from the Contracting Officer's Representative, will a laborer purchase any items from the local economy for any Soldier. The following items are forbidden:

- Alcohol (beer, wine, liquor, etc.)

- Illegal drugs (marijuana, opium, hash, heroin, cocaine, etc.)

- Prescription drugs (not dispensed from a licensed pharmacy, DoD facility, or not prescribed to the individual in possession)

- Drug paraphernalia (pipes, bongs, cigarette paper, etc.)

- Local tobacco products

- Pornography

5. Unauthorized Base exit: At no time will the contractor move an employee off base without written authorization from the Commander, who has force protection responsibilities for the base. Contractor and all contract employees requiring movement off base for official business in theater will use government provided transportation at no cost to the contractor. Official and unofficial travel outside of theater will still be conducted via government provided transportation at contractor expense. Contractor may not pass the expense to the employee

6. Contracted personnel are not authorized any communication, video, or photographic devices on BAF. All violations will be reported to the servicing unit and COR. The device will be immediately confiscated. There will be no exceptions. The laborer's badge will be properly annotated and violations may be grounds for termination of employment under this contract.

7. Personal Appearance and Hygiene - The contractor shall ensure employees present a professional appearance commensurate with standards delineated for government civilian personnel acting in similar capacities. Clothing shall be as clean and neat (i.e. no debris, mud, stains, rips, tears, or holes) as practicable considering work conditions. The contractor shall ensure employees maintain good hygiene for health and safety practices.

8. BATS/HIIDE Enrollment. All FOBs will establish procedure to ensure that all local nationals go through the process of Biometric Automated Toolset (BAT) which is used to collect fingerprints, iris scan, facial photos and biographical information of persons of interest into a searchable data base. This will include Tactical Operations; force Protection, Detainee Operations, Population control, Base Access, IED Forensics Operations, Special Operations, and Local hire Screening/Intelligence.

(End of Summary of Changes)