Draft_ETSC_W900KK-17-R-0026.docx

W900KK-17-R-0026

Section B - Supplies or Services and Prices

ETSC - Year 1

FFP

This CLIN is established for Year 1 of the Enterprise Training Services Contract (ETSC). This is a Multiple Award Indefinite Delivery, Indefinite Quantity contract (MA ID/IQC). All work to be performed under Year 1 of this contract shall be in accordance with Performance Work Statement and as further specified by individual task orders issued under this contract. The ordering period for this CLIN is from date of award through XX November 2018.

FOB: Destination

MAX

NET AMT

Reserved - CMRA - Year 1

Reporting for Year 1. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: X Nov 2017 thru X Nov 2018) Not Seperately Priced

MAX

Reserved - SPOT - Year 1

Reporting for Year 1. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: X Nov 2017 thru X Nov 2018)

MAX

Post Award Conference

In accordance with Performance Work Statement (PWS), paragraph 2.3.1.2.1

MAX

Reserved-Contarctor Acquired Property

As applicable the Government might require CAP in accordance with Performance Work Statement paragraph 4.3 (PoP: X Nov 2017 thru X Nov 2018)

MAX

Reserved

(PoP: X Nov 2017 thru X Nov 2018)

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

Reserved

MAX

FFP

This CLIN is established for Year 2 (Option ordering period 1) of the Enterprise Training Services Contract (ETSC). This is a Multiple Award Indefinite Delivery, Indefinite Quantity contract (MA ID/IQC). All work to be performed under Year 2 of this contract shall be in accordance with Performance Work Statement and as further specified by individual task orders issued under this contract. The ordering period for this CLIN is from date of award through XX November 2019.

MAX

FFP

Reporting for Year 2. In Accordance With (IAW) the ETSC basic PWS, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: X Nov 2018 thru X Nov 2019)

MAX

FFP

Reporting for Year 2. In Accordance With (IAW) the ETSC basic PWS, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: X Nov 2018 thru X Nov 2019)

MAX

FFP

As applicable the Government might require CAP in accordance with Performance Work Statement paragraph 4.3 (PoP: X Nov 2018 thru X Nov 2019)

MAX

FFP

(PoP: X Nov 2018 thru X Nov 2019)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

This CLIN is established for Year 3 (Option ordering period 2) of the Enterprise Training Services Contract (ETSC). This is a Multiple Award Indefinite Delivery, Indefinite Quantity contract (MA ID/IQC). All work to be performed under Year 3 of this contract shall be in accordance with Performance Work Statement and as further specified by individual task orders issued under this contract. The ordering period for this CLIN is from date of award through XX November 2020.

MAX

FFP

Reporting for Year 3. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: X Nov 2019 thru X Nov 2020)

MAX

FFP

Reporting for Year 3. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: X Nov 2019 thru X Nov 2020)

MAX

FFP

As applicable the Government might require CAP in accordance with Performance Work Statement paragraph 4.3 (PoP: X Nov 2019 thru X Nov 2020)

MAX

FFP

(PoP: X Nov 2019 thru X Nov 2020)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

This CLIN is established for Year 4 of the Enterprise Training Services Contract (ETSC). This is a Multiple Award Indefinite Delivery, Indefinite Quantity contract (MA ID/IQC). All work to be performed under Year 4 of this contract shall be in accordance with Performance Work Statement and as further specified by individual task orders issued under this contract. The ordering period for this CLIN is from date of award through XX November 2021.

MAX

FFP

Reporting for Year 4. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: x Nov 2020 thru x Nov 2021)

MAX

FFP

Reporting for Year 4. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: x Nov 2020 thru x Nov 2021)

MAX

FFP

As applicable the Government might require CAP in accordance with Performance Work Statement paragraph 4.3 (PoP: x Nov 2020 thru x Nov 2021)

MAX

FFP

(PoP: x Nov 2020 thru x Nov 2021)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

IAW Base PWS, paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: x Nov 2020 thru x Nov 2021)

MAX

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

This CLIN is established for Year 5 of the Enterprise Training Services Contract (ETSC). This is a Multiple Award Indefinite Delivery, Indefinite Quantity contract (MA ID/IQC). All work to be performed under Year 5 of this contract shall be in accordance with Performance Work Statement and as further specified by individual task orders issued under this contract. The ordering period for this CLIN is from date of award through XX November 2022.

NET AMT

FFP

Reporting for Year 5. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: x Nov 2021 thru x Nov 2022)

NET AMT

FFP

Reporting for Year 5. In Accordance With (IAW) attached Performance Work Statement, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: x Nov 2021 thru x Nov 2022)

NET AMT

FFP

As applicable the Government might require CAP in accordance with Performance Work Statement paragraph 4.3 (PoP: x Nov 2021 thru x Nov 2022)

NET AMT

FFP

(PoP: x Nov 2021 thru x Nov 2022)

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

SECTION B CONTRACT NOTES

CLIN DATA

THIS SOLICITATION IS FOR A MULTIPLE AWARD INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) CONTRACT. CONTRACTS TO BE AWARDED FROM THIS SOLICITATION WILL BE INDEFINITE DELIVERY/INDEFINITE QUANTITY TYPE CONTRACTS WITH A PERIOD OF PERFORMANCE AS SET FORTH IN SECTION F OF THIS SOLICITATION.

NOTICE – CONTRACT LINE ITEM (CLIN) TYPES: Due to contract administration system requirements, the 'CLIN CONTRACT TYPE' states 'Firm Fixed Price'; however each individual Task Order (TO) placed against the ETSC will establish its own CLIN structure and contract type, specific to the individual requirement.

B.1 Contract Line Item Numbers 0003 through 00XX are marked as Firm Fixed Price (FFP) in Section B for the sole purpose of facilitating administration of the contract in the Government’s contract writing system. Each individual Task Order (TO) placed against the ETSC will establish its own CLIN structure and contract type specific to the individual requirement.

B.2 Contract Line Item Numbers 0003 through 00XX marked as FFP may be utilized as FFP, Cost, and Time and Material (T&M) CLINs for individual Task Orders issued under the resulting contract. Orders may utilize more than one contract type (e.g., FFP/Cost, FFP/T&M etc.). The determination regarding which type of task order to be awarded shall be at the discretion of the Task Order Contracting Officer (TOCO).

B.3 Based upon historical efforts and forecasted requirements, it has been estimated that the preponderance of work to be performed under the ETSC ID/IQ contract vehicle will be FFP.

B.4 The Not-to-Exceed (NTE) Ceiling Amount for this Multiple Award Contract is $2,400,000,000.00. The minimum guarantee for each awardee is $1,500.

B.5 The cumulative total for all Task Orders awarded as a result of solicitation number W900KK-16-R-0026 to all awardees shall not exceed $2,400,000,000.00 over the life of the contract, without prior written approval by the Procuring Contracting Officer (PCO).

Offerors shall not provide pricing for any CLINs identified in the schedule below.

B.6 ADDITION OF CLAUSES/PROVISIONS AT THE TASK ORDER LEVEL

The PCO, at his or her discretion, may add additional clauses/provisions at the TO level. The PCO will include any such clauses/provisions in the Task Order Request (TOR). Any clauses/provisions included as part of a specific order shall be binding only for that order only.

B.7 CLAUSE MATRIX FOR FULL AND OPEN (F&O) LOT-SPECIFIC REQUIREMENTS

The ETSC contains specific clauses that are germane to the F&O Lot and are associated with conducting requirements in a contingency environment. Given the global scope of this contract and the ever-changing geopolitical environment, the ETSC will provide any additional and relevant clauses necessary at the order level. This includes, but is not limited to, any specific Combatant Command (COCOM) clauses or Status of Forces Agreements (SOFA) associated with operating in a particular Area of Responsibility (AOR). Solicitation Attachment XX (Contract Attachment XX (TBD prior to contract award)) identifies all known and relevant clauses specific to the solicitation.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

(End of Clause)

[TBD at the individual task order level.]

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

5152.246-5012 INSPECTION AND ACCEPTANCE (ACC-ORL) (JUN 2015)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative, TBD at the individual Task Order.

(b) Acceptance of all Contract Line Item Numbers/Sub Line Item Numbers (CLIN/SLIN) shall be made by the accepting authority through Wide Area Work Flow (WAWF) Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

(End of Clause)

Section F - Deliveries or Performance

TASK ORDER PERFORMANCE PERIODS

F.1 TASK ORDER PERFORMANCE PERIODS

The performance period for each Task Order (TO) awarded under the ETSC shall be specified at the individual TO level. Throughout the effective period of the ETSC, no TO issued, inclusive of options, shall exceed three (3) years without prior, written authority by the ETSC Procuring Contracting Officer. TOs must be solicited and awarded prior to the contract’s final ordering period expiration and may not extend beyond one (1) year (inclusive of TO options) after the final ETSC ordering period (base or option) expiration. TO option periods may be exercised subsequent to the expiration of the ETSC final ordering period, so long as the option exercised does not cause the order to exceed the one (1) year performance limitation after the ETSC final ordering period expiration date.

ORDERING PERIODS

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

252.225-7039 DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JAN 2015)

(a) Requirements. The Contractor shall--

(1) Register in the Synchronized Predeployment and Operational Tracker (SPOT)--

(i) Weapons to be carried by or available to be used by personnel performing private security functions; and

(ii) Armored vehicles, helicopters, and other vehicles operated by personnel performing private security functions; and

(2) Comply with ANSI/ASIS PSC.1-2012, American National Standard, Management System for Quality of Private Security Company Operations--Requirements with Guidance (located at www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF).

(b) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (b), in subcontracts, including subcontracts for commercial items, when private security functions will be performed outside the United States in areas of--

(1) Contingency operations;

(2) Combat operations, as designated by the Secretary of Defense;

(3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense upon agreement of the Secretary of State;

(4) Peace operations, consistent with Joint Publication 3-07.3; or

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

(End of clause)

252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT 2015)

(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.

Contractors authorized to accompany the Force, or CAAF, means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

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.

Designated reception site means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

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.

Non-CAAF means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S. Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

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

(b) General.

(1) This clause applies to both CAAF and non-CAAF when performing in a designated operational area outside the United States to support U.S. Armed Forces deployed outside the United States in--

(i) Contingency operations;

(ii) Peace operations, consistent with Joint Publication 3-07.3; or

(iii) Other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.

(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) 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.

(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel supporting 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).

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

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U.S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. 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.

(3) 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. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) 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.

(d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel supporting 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 CAAF and non-CAAF are aware--

(i) Of the DoD definition of ``sexual assault'' in DoD Directive 6495.01, Sexual Assault Prevention and Response Program;

(ii) That many of 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;

(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.

(iii) That this section does not create any rights or privileges that are not authorized by law or DoD policy.

(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)(i) The Contractor shall ensure that Contractor employees supporting 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, regardless of the documents' issuing authority;

(B) Receive agreed upon wages on time;

(C) Take lunch and work-breaks;

(D) Elect to terminate employment at any time;

(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 host-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.

(ii) The Contractor shall post these rights in employee work spaces in English and in any foreign language(s) spoken by a significant portion of the workforce.

(iii) The Contractor shall enforce the rights of Contractor personnel supporting the U.S. Armed Forces.

(e) Preliminary personnel requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for each category will 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 CAAF deploying in support of an applicable operation—

(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;

(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue); and

(C) Have received all required immunizations as specified in the contract.

(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public.

(2) All other immunizations shall be obtained prior to arrival at the deployment center.

(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the designated operational area a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731, International Certificate of Vaccination or Prophylaxis as Approved by the World Health Organization, (also known as ``shot record'' or ``Yellow Card'') that shows vaccinations are current.

(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.

(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contactor personnel traveling under DoD sponsorship.

(v) All deploying 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 CAAF. 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, CAAF are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).

(v) Such employees are required to report offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(vi) Such employees will be provided victim and witness protection and assistance.

(f) Processing and departure points. CAAF 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 designated reception site (DRS) upon arrival at the deployed location. The DRS 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 CAAF and, as designated by USD (AT&L) or the Combatant Commander, non-CAAF supporting 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 at https://spot.dmdc.mil 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 at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.

(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 identify all personnel who occupy a position designated as mission essential and ensure the continuity of essential Contractor services during designated operations, unless, after consultation with the Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs withdrawal due to security conditions.

(3) The Contractor shall ensure that Contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non- CAAF, at the end of their employment under this contract).

(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 individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, Operational Contractor Support. 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…