DRAFT_Solicitation_W900KK-16-R-0026_ETSC.doc

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 the individual subsequent Task Order Performance Work Statement (PWS)s and the base award PWS (PWS-2016-022) attached in Section J. The effective period for this ID/IQC, inclusive of options, will be up to the date of final payment on the contract.

FOB: Destination

MAX

NET AMT

Reserved - CMRA - Year 1

Reporting for Year 1. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: 9 Aug 2017 thru 8 Aug 2018)

Not Seperately Priced

MAX

Reserved - SPOT - Year 1

Reporting for Year 1. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: 9 Aug 2017 thru 8 Aug 2018)

MAX

Reserved - Labor - Year 1

(PoP: 9 Aug 2017 thru 8 Aug 2018)

MAX

Reserved - Material - Year 1

MAX

Reserved - ODC - Year 1

MAX

Reserved - Travel - Year 1

MAX

Reserved - T&M Labor - Year 1

MAX

Reserved - T&M Material - Year 1

MAX

Reserved - T&M ODC - Year 1

MAX

Reserved - ODC - Allowances - Year 1

IAW Base PWS (PWS-2106-022), paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: 9 Aug 2017 thru 8 Aug 2018)

MAX

Reserved - Year 1

MAX

Reserved - Year 1

MAX

Reserved - Year 1

MAX

Reserved - Year 1

PoP: 9 Aug 2017 thru 8 Aug 2018

MAX

FFP

This Option CLIN is established for Year 2 of the Enterprise Training Services Contract (ETSC) with a ordering period of 9 Aug 2018 thru 8 Aug 2019. All work to be performed under Year 2 of this contract shall be in accordance with the individual subsequent Task Order Performance Work Statement (PWS)s and the ETSC basic PWS (PWS-2016-022). The effective period for this ID/IQC, inclusive of options, will be up to the date of final payment on the contract.

MAX

FFP

Reporting for Year 2. In Accordance With (IAW) the ETSC basic PWS (PWS-2016-022), paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

PoP: 9 Aug 2018 thru 8 Aug 2019

MAX

FFP

Reporting for Year 2. In Accordance With (IAW) the ETSC basic PWS (PWS-2016-022), paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

PoP: 9 Aug 2018 thru 8 Aug 2019)

MAX

FFP

(PoP: 9 Aug 2018 thru 8 Aug 2019)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

IAW Base PWS (PWS-2106-022), paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: 9 Aug 2017 thru 8 Aug 2018)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

This CLIN is established for Year 3 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 the individual subsequent Task Order Performance Work Statement (PWS)s and the base award PWS (PWS-2016-022) attached in Section J. The effective period for this ID/IQC, inclusive of options, will be up to the date of final payment on the contract.

MAX

FFP

Reporting for Year 3. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: 9 Aug 2019 thru 8 Aug 2020)

MAX

FFP

Reporting for Year 3. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: 9 Aug 2019 thru 8 Aug 2020)

MAX

FFP

(PoP: 9 Aug 2019 thru 8 Aug 2020)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

IAW Base PWS (PWS-2106-022), paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: 9 Aug 2019 thru 8 Aug 2020)

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 the individual subsequent Task Order Performance Work Statement (PWS)s and the base award PWS (PWS-2016-022) attached in Section J. The effective period for this ID/IQC, inclusive of options, will be up to the date of final payment on the contract.

MAX

FFP

Reporting for Year 4. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: 9 Aug 2020 thru 8 Aug 2021)

MAX

FFP

Reporting for Year 4. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: 9 Aug 2020 thru 8 Aug 2021)

MAX

FFP

(PoP: 9 Aug 2020 thru 8 Aug 2021)

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

IAW Base PWS (PWS-2106-022), paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: 9 Aug 2020 thru 8 Aug 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 the individual subsequent Task Order Performance Work Statement (PWS)s and the base award PWS (PWS-2016-022) attached in Section J. The effective period for this ID/IQC, inclusive of options, will be up to the date of final payment on the contract.

NET AMT

FFP

Reporting for Year 5. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.4, Contractor Manpower Reporting Application (CMRA).

(PoP: 9 Aug 2021 thru 8 Aug 2022)

NET AMT

FFP

Reporting for Year 5. In Accordance With (IAW) attached Performance Work Statement (PWS) PWS-2016-022, paragraph 2.4.3, Synchronized Pre-deployment and Operational Tracker (SPOT).

(PoP: 9 Aug 2021 thru 8 Aug 2022)

NET AMT

FFP

(PoP: 9 Aug 2021 thru 8 Aug 2022)

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

IAW Base PWS (PWS-2106-022), paragraph 4.1.2.4. This line will be established as a COST contract type. (PoP: 9 Aug 2021 thru 8 Aug 2022)

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CLAUSES INCORPORATED BY FULL TEXT

5152.216-5006

MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS (ACC-ORL) (JUN 2015)

(a) As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the contract minimum quantity is a total of $1,000 of the maximum contract price or total estimated cost and fee identified in Section B for the base period only. The maximum quantity is the total “not to exceed” quantity for all items combined as set forth in the schedule. All option periods thereafter “do not” have a guaranteed minimum.

(b) If multiple awards are made the minimum guarantee will be: $1,000 per Awardee. insert method for distributing minimum guarantees]

(End of Clause)

SECTION B CONTRACT NOTES

Are CLIN DATA THIS SOLICITATION IS FOR A MULTIPLE AWARD INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) CONTRACT

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.). Orders may incorporate tailored performance measures, option periods, and ancillary commercial or non-commercial items required in support of the Task Order. Task Order performance periods shall not exceed three (3) years, inclusive of Options, in order to maximize competition, unless justified by sound business by the Task Order Contracting Officer.

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 contract is $2,400,000,000.00.

B.5 The cumulative total for all Task Orders awarded as a result of solicitation number W900KK-16-R-0026 shall not exceed $2,400,000,000.00 over the life of the contract.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5152.247-5001

MARKING OF WARRANTED ITEMS (ACC-ORL) (JUN 2015)

(a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129 (and changes thereto), Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item.

(b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following:

(1) National stock number or manufacturer’s part number.

(2) Serial number or other item identifier (if the warranty applies to uniquely identified items).

(3) Contract number.

(4) Indication that a warranty applies.

(5) Manufacturer or entity (if other than the contractor) providing the warranty.

(6) Date or time when the warranty expires.

(7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty.

5152.247-5004

PACKAGING AND MARKING OF REPORTS (ACC-ORL) (JUN 2015)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M.

(b) The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor.

(2) Contract Number/Delivery/Task order number.

(3) Contract/Delivery/Task order dollar amount.

(4) Whether the contract was competitively or non-competitively awarded.

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

5152.247-5005

PROHIBITED PACKING MATERIALS (ACC-ORL) (JUN 2015)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5152.247-5006

PRESERVATION, PACKAGING, PACKING AND MARKING (ACC-ORL) (JUN 2015)

(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.

(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows:

[TBD at the individual task order level.]

(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.

(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor’s facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

5152.246-5003

INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (ACC-ORL) (JUN 2015)

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an electronic Wide Area WorkFlow Receiving Report.

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

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

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 Contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are authorized.

(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;

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

(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and

(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.

(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. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support.

(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 supporting U.S. Armed Forces deployed outside the United States in--

(1) Contingency operations;

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

(3) Other…