Attach_4_Special_Contract_Requirements.docx

Special Contract Requirements

1. PERFORMANCE BY FOREIGN NATIONALS:

a. In accordance with 8 U.S.C. 1324(a), it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 C.F.R. 274(a)(2) VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

b. Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of forms(s) produced for verification of employment status. Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

1. Individual’s Name

2. Date of Birth

3. Citizenship

4. Date and Location of the Visit

5. Purpose of the Visit

6. Passport Number

7. Employer’s Verification of Work Authorization

This information shall be forwarded to the Contracting Officer at least thirty days prior to the performance taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

2. CONTRACTOR’S ORGANIZATION AND KEY PERSONNEL:

a. The contactor’s organization shall be established with authority to effectively accomplish the objectives of the Performance Work Statement (PWS). This organization shall become effective upon award of the contract and its integrity shall be maintained for the duration of the contract effort.

b. The key personnel listed in the contractor’s proposal are considered to be critical to the successful performance of this contract. Prior to replacing these key personnel, the contractor shall obtain the written consent of the contracting officer. In order to obtain such consent, the contractor shall provide advance notice of the proposed changes and shall demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced.

c. The Contractor shall notify the Government in the event of a transition (replacing or removal) of Key personnel (those in labor categories addressed in the solicitation listing for such and subsequently those employees in the Contractors proposal) working under this contract. The contractor shall provide the Contracting Officer not less than thirty (30) days advance notice and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No reassignment shall be made by the Contractor without written consent of the Contracting Officer. The Government reserves the right to review the qualifications of any Contractor Key personnel proposed to replace existing Key personnel and accept/reject the individual based on its judgment that the individual can perform similarly as the transitioned personnel.

Key Personnel (Name in Table below to be filled in by Offerors):

Name

3. INSURANCE:

Pursuant to the requirements of the contract clause titled "Insurance-Work on a Government Installation", the contractor shall obtain and maintain at least the following kinds of insurance and minimum liability coverage during any period of contract performance:

a. Workmen's Compensation and occupational disease coverage as required by law except that, if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen's Compensation Insurance shall extend to cover employers' liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. Comprehensive General Liability Insurance in the minimum limit of $500,000 per occurrence for bodily injury liability.

c. Comprehensive Automotive Liability Insurance with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury, and a minimum limit of $20,000 per occurrence for property damage.

4. SECURITY

4.1 General. Security shall be in accordance with the DD254 - Security Classification Specification, Attachment 2. Designated individual(s) supporting this contract shall be cleared at the TOP SECRET level with SCI eligibility in JPAS at the start of this contract and must be able to obtain SCI access within 30 days of filling an assigned billet. All other Contractor team individuals shall be cleared in JPAS at the SECRET level. All Contractor team individual(s) supporting the contract must maintain the required security clearance level throughout the contract period of performance. When designated, Contractor(s) shall require access to RESTRICTED and FORMERLY RESTRICTED DATA, CNWDI, NATO,FGI and ACCM information in performance of this effort. Contractor shall require access to NIPRNET, SIPRNET, ACCM, and JWIC’s computer network systems only at Government facilities. Contractor shall be authorized to courier classified information up to the SECRET level in performance of official duties upon approval of and designation by the Contracting Officers Representative (COR). In addition, Contractor may be required to have access to and change Secret Communications Security (COMSEC) key and have access to the Department of the Army Cryptographic Access Program (DACAP).

4.2 Operations Security. The Contractor’s Information System (IS) shall prevent or mitigate the unauthorized disclosure of Controlled Unclassified Information (CUI) in accordance with DoDM 5200.01 Volume 4. The Contractor shall encrypt or use other Government-approved means of transmitting FOUO, PII and other sensitive data and utilize need-to-know locked down files on their IS. When practical nicknames or unclassified designators will be used for the Government customer(s) and location(s). The Government shall be immediately notified of any indication of a potential unauthorized disclosure or compromise of classified or CUI. The Contractor shall ensure all personnel involved with this contract and the information produced, sensitive and/or classified, be aware of the threat of foreign intelligence officers targeting industry for this information. Any information pertaining to this contract shall not be released for public dissemination, to include posting relationships and technologies on the Contractor’s portal, unless approved by the Government.

4.3 Security Contractor Personnel. The Contractor shall ensure it meets all requirements for obtaining, tracking, and verifying clearances and processing SCI nominations, as well as sending visitor requests, issuing courier cards, and when applicable writing Standard Operating Procedures (SOPs) for the protection of classified and CUI.

5. REIMBURSEMENT OF TRAVEL, PER DIEM, AND ODC/SPECIAL MATERIAL COSTS

*Any travel other than what was proposed in an original Task Order proposal must be pre-approved by the COR in writing with copy furnished to the Contracting Officer.

a) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all necessary arrangements for its personnel such as security clearances, medical examinations, immunizations, passports/visas/etc.

b) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract in accordance with FAR Subpart 31.2. Travel required for tasks assigned under this contract shall be managed similarly to Federal Travel Regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR); Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States (hereinafter JTR); and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in the FTR or JTR (hereinafter the SR).

c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the contractor’s office whenever a task assignment requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work performed within a fifty-mile radius of the contractor’s office. The contractor shall not be paid for travel or subsistence for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the contractor’s facility will not be reimbursed.

1. For travel that is necessary for the performance of services under the contract and authorized in writing by the COR, such travel costs, other than described in paragraph (c) above, the contractor shall be paid on the basis of actual amount paid and include General and Administrative (G&A) burdens (as established through a DCAA approved accounting system), but shall not include any type of Overhead (OH) burden and Profit/Fees.

2. When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the FTR, JTR or SR. Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides.

3. The contractor shall, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic contract and in accordance with food traffic management principles. When it is necessary to use air or rail travel, the contractor shall use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.

4. The contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.

d) Vehicle and/or Truck Rentals. The contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the contractor in the conduct of its business are not subject to reimbursement.

e) Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the contractor team’s normal commuting distance from the contractor’s facilities. Car rental for a team on temporary duty (TDY) at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.

f) Per Diem. The contractor shall not be paid for per diem for contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the contractor’s home office or the contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the FTR, JTR or SR. The applicable rate is authorized at a flat seventy-five (75%) percent on the day of departure from contractor’s home or local office, and on the day of return. Reimbursement to the contractor for per diem shall be limited to actual payments to per diem defined herein. The contractor shall provide actual payments of per diem defined herein. The contractor shall provide supporting documentation (e.g., signed travel expense reports) for per diem expenses as evidence of actual payment.

g) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraph C8101.2C or C81181.3B(6) of the Department of Defense Joint Travel Regulations, Volume II.

h) Other Direct Costs (ODC’s)/Special Material. “ODCs” and “Special material” include only the costs of material, supplies, or services which is peculiar to the Task Order and which is not suitable for use in the course of the contractor’s normal business. It shall be furnished pursuant to specific authorization approved by the COR. The contractor will be required to support all such costs claimed by its invoice less any applicable discounts received. “Special materials” can include services such as graphic reproduction expenses, or technical illustrative or design requirements that require processing as subcontract awards under this contract. The contractor is required to get concurrence by the COR or his designee prior on all ODC/Special Material prior to incurring any expense thereto. The Defense Base Act (DBA) (42 U.S.C. 1651 et seq.) provides workers compensation type insurance coverage for contractor employees performing under government contracts outside the United States. For contractors approved for OCONUS travel, DBA insurance shall be charged to the ODC CLIN for the Task Order in which the FTE is contractually placed.

6. ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

NOTE: THIS CLAUSE WILL BE INCLUDED AT THE TASK ORDER LEVEL AS APPLICABLE

Contractors shall not place themselves in a position of having an OCI by accepting an award under this requirement. Conversely, contractors shall not accept awards where they have had an influence of or have access to a future requirement as a result of performing under this requirement. [Reference FAR Subpart 9.5]. Examples of this are the Prime and Sub-contractors supporting any of the USSOCOM offices through other production and/or service due to their direct exposure to development of requirements, competitor technical information and labor pricing.

a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.

b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.

1. The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in Task Orders issued under the contract will specify to which suppliers and/or equipment subparagraph (e) restrictions apply.

2. The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.

c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.

d) Definitions. For purposes of application of this clause only, the following definitions are applicable:

1. “System” includes system, major component, subassembly or subsystem, project, or item.

2. “Non-developmental items” as defined in FAR 2.101. “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).

3. “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).

4. “Advisory and Assistance Services” (AAS) are those services acquired from non-governmental sources to support or improve agency policy development or decision making; or, to support or improve the management of organizations or the operation of hardware systems. Such services may encompass consulting activities, engineering and technical services, management support services and studies, analyses and evaluations.

5. “Consultant services” as defined in FAR 31.205-33(a).

6. “Contractor”, for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.

7. “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.

8. “Interest” means organizational or financial interest.

9. “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.

e) Contracting restrictions.

1. To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of six (6) years after the date of completion of the contract. (FAR 9.505-1(a))

2. To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of six (6) years after the terms of this contract. (FAR 9.505-2(a)(1))

3. To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or a contractor involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of six (6) years after the terms of this contract. (FAR 9.505-2(b)(1))

4. To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3)

5. To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4(b))

6. Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with six (6) years after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing.

7. Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.

(f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.

(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:

1. a description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved;

2. a description of the work to be performed;

3. the dollar amount;

4. the period of performance; and

5. a description of the contractor’s internal controls and planned actions, to avoid any potential organizational conflict of interest.

7. NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

1. Imprisonment and/or imposition of criminal fines; and

2. Suspension or debarment from future Government contracting actions.

c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

8. TASK ORDERS

Each task order shall:

1. be issued as a delivery order on a SF 1449 (Solicitation/Contract/Order for Commercial Items), or on Standard Form 30 (Amendment of Solicitation/Modification of Contract) in the case of a modification to an order;

2. be identified by procurement instrument number in accordance with DFARS Part 204.7003;

3. incorporate the terms and conditions of this contract by reference;

4. set forth a detailed statement of work which references the sub-task areas in Attachment 1 and description of the data, service or item requirements to be provided;

56. utilize DD 1423s for the ordering of data requirements and for the purposes of “Special Distribution- Material Inspection and Receiving Report (MIRR)”, specify addresses of special distribution recipients for DD250s;

6. set forth a task order price;

7. specify the commodities, equipment systems and or manufacturers to which the Organizational Conflict of Interest provisions, if any, apply;

8. set forth packaging (preservations and packing) and marking requirements for deliverables;

9. specify any GFE or GFI applicable to that order;

10. set forth the Government’s required delivery or performance data and the place of performance, indicating therein the contractor’s facility to be utilized; and, in the event travel is required in the performance of the work ordered, the locations at which such performance is necessary;

11. set forth the place or places where inspection and acceptance will be made by the Government;

12. set forth the applicable appropriation and accounting data;

13. be signed by the authorized Government representative (PCO); and

9. TASK ORDER TYPE

Hybrid Firm Fixed Price (FFP)/Cost Task Orders (TOs) shall be issued when the scope of the labor effort is sufficiently defined to allow technical and cost risks to be predicted with reasonable certainty. The Contractor shall be required to submit a FFP/Cost proposal for accomplishing the total effort inclusive of all labor, material and travel costs, as appropriate. The contractor shall be required to deliver the specified services within the specified time and FFP/Cost amount. (The Cost line items for ODC’s, Special Material or Travel shall be reimbursed at actual costs incurred and the final cost of such line items will be determined at closeout of the individual TOs after performance is completed).

10. TASK ORDERING PROCEDURES

a) Task Orders may be issued as a result of a Government prepared Statement of Objectives (SOO), when the specific requirements are not clearly identified and objectives are to be fulfilled by the contractor under TO performance. In this context, the contractor shall provide a Performance Work Statement (PWS) that will, after negotiation (if necessary) be included in the resultant TO award. The Government may also issue TOs using a PWS to define the requirements of the TO.

1. If requested, TO Technical proposals will demonstrate the offeror’s technical manpower and resources necessary to complete the task. Additionally, the offeror shall demonstrate a thorough understanding and capability to perform the technical requirements and provide a schedule for task completion. The offeror shall demonstrate the ability to provide any products or reports as part of the task.

2. In the Price proposals, the Government will evaluate the offeror’s proposed labor mix rates to determine if the level of effort is appropriate for the Task Order requirement (e.g. is the highest paid employee working the greatest number of hours?). Also, the price analysis will determine if the proposed price is fair and reasonable, realistic for the technical effort, balanced and complete.

11. CONTRACTOR ACCESS TO PROPOSED TASK ORDER PERFORMANCE SITES

a) To respond to a Request for Proposal (RFP) for a Task Order awarded under this contract, a contractor may be required to obtain data and other information from the Government at the proposed sites of Task Order performance. The following general information is provided regarding visits to the proposed Task Order performance site(s). Specific details regarding procedures applicable to the instant requirement will be provided with each Task Order RFP.

b) The contractor shall contact the Contracting Officer’s Representative (COR) for specific instructions and guidance regarding the site visit. The COR will plan and coordinate the site visit with the on-site Government representative and will notify the contractor with approval to conduct the site visit.

c) The Government will determine whether a formal pre-proposal conference or site visit will be held. The decision to hold a formal conference will be dependent upon such things as the complexity of the specific requirement, schedule constraints, etc.

d) Contractors shall not be permitted to contact Government representatives at a performance site to discuss a Task Order RFP without prior approval of the COR or Contracting Officer.

12. UNILATERAL TASK ORDERS

a) When the Government determines that the specific services requirements are so specifically known and labor rates are clearly defined in the contract, the PCO may issue a unilateral task order requiring the contractor to provide the supplies or services specified. This task order will be based on the Governments expected requirement for labor categories and hours using the contract labor categories and rates attached to the resulting contract in Section J, attachment 2.

b) The unilateral task order shall specify the Not-to Exceed price and the Period of Performance (POP) for the work being ordered. The Contractor shall have personnel prepared to commence work within 30 days of Task Order issuance. The unilateral TO will be definitized by subsequent modification to the TO upon conclusion of any required negotiations between the parties.

c) The Contractor shall honor any order issued under this provision unless written notification is made within 48 hours of issuance of the Unilateral Order which provides specific reasons why the order cannot be honored, and why there is no possibility of performance.

13. SUBCONTRACTOR REQUIREMENTS

The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

14. CENTCOM SPECIAL REQUIREMENTS - CLAUSES (May be included in specific Task Orders Issued)

Specific Clauses required when Performance and or travel by Contractor personnel in the Afghanistan Combined Joint Theater of Operations (CJOA)is required under any Task Order executed under this contract. Theater Business Clearance (TBC) is required for contractor support to this area. TBC approval will be obtained by the Government at the task order level when applicable. No action is required on the part of the prime contractor to receive approval. All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Predeployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/.

5152.222-5900 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS

(AUG 2011)

(a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person.

(b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

(2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language that defines the terms of their employment/compensation.

(3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees.

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor’s written request, Contracting Officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

(5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process.

(6) Contractors shall comply with International and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

(End of Clause)

5152.223-5900

REPORTING KIDNAPPINGS, SERIOUS INJURIES

AND DEATHS (AUG 2011)

Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number Contract Description & Location Company Name

Reporting party:

Name Phone number e-mail address

Victim:

Name Gender (Male/Female) Age Nationality Country of permanent residence

Incident:

Description Location Date and time Other Pertinent Information

(End of Clause)

5152.225-5902

FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS

(DEC 2011)

(a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy for multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15 months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

(b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protective’s and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 11 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR).

(c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

(d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized.

(e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website: http://comptroller.defense.gov/rates/fy2012.html (change fiscal year as applicable).

5152.225-5903

COMPLIANCE WITH LAWS AND REGULATIONS

(DEC 2011)

(a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives.

(b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault.

(c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee.

(d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements.

(e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation.

(f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan).

5152.225-5904

MONTHLY CONTRACTOR CENSUS REPORTING

(DEC 2011)

Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract.