W911QY-21-R-0002 RFP Amendment 0002.docx

W911QY21R0002

Section B - Supplies or Services and Prices

SUAS Flight Training With GFE

FFP

This Contract Line Item Number (CLIN) represents the total support requirement for the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS) Flight Training Support In Accordance With (IAW) Performance Work Statement 01 (PWS01). Reference Labor Categories within the Pricing Workbook (Attachment S02 - Pricing Workbook, Section J). Trainer must meet certification requirements found in PWS01.

Travel costs excluded; charged against separate travel CLIN.

FOB: Destination

PSC CD: U099

MAX

NET AMT

Technical Management

The contractor shall perform all aspects of Technical Management support at CONUS and OCONUS sites as required in support of Soldier Unmanned Aircraft Systems (SUAS) and its customers IAW PWS01 and all applicable contract provisions.

Travel costs excluded; charged against separate travel CLIN.

MAX

Technical Data (CDRLs)

The contractor shall deliver all Contract Data Requirement List (CDRL) IAW the CDRL instructions and PWS01.

MAX

Travel

COST

Travel is reimbursed at cost IAW the Joint Travel Regulations (JTR). General & Administrative (G&A) is allowable.

Travel, when applicable, will be defined at the Task Order level.

MAX COST

Other Direct Cost (ODC)

ODCs are requirements outside of those based on the pre-negotiated fully burdened, fixed price labor rates, material, etc. This CLIN is for non-travel related ODCs.

ODCs, when applicable, will be defined at the Task Order level.

To be reimbursed at actual cost with G&A only.

MAX COST

Shipping

Covers costs incurred moving SUAS parts and systems inventory.

To be reimbursed at actual cost with G&A only.

Shipping requirements will be defined at the task order level.

MAX COST

Contractor Manpower Reporting

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

MAX

FFP

This Contract Line Item Number (CLIN) represents the total support requirement for the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS) Flight Training Support In Accordance With (IAW) Performance Work Statement 01 (PWS01). Reference Labor Categories within the Pricing Workbook (Attachment S02 - Pricing Workbook, Section J). Trainer must meet certification requirements found in PWS01.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall perform all aspects of Technical Management support at CONUS and OCONUS sites as required in support of Soldier Unmanned Aircraft Systems (SUAS) and its customers IAW PWS01 and all applicable contract provisions.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall deliver all CDRLs IAW the CDRL instructions and PWS01.

MAX

COST

Travel is reimbursed at cost IAW the Joint Travel Regulations (JTR). General & Administrative (G&A) is allowable.

Travel, when applicable, will be defined at the Task Order level.

MAX COST

COST

ODCs are requirements outside of those based on the pre-negotiated fully burdened, fixed price labor rates, material, etc. This CLIN is for non-travel related ODCs.

ODCs, when applicable, will be defined at the Task Order level.

To be reimbursed at actual cost with G&A only.

MAX COST

COST

Covers costs incurred moving SUAS parts and systems inventory.

To be reimbursed at actual cost with G&A only.

Shipping requirements will be defined at the task order level.

MAX COST

FFP

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

MAX

FFP

This Contract Line Item Number (CLIN) represents the total support requirement for the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS) Flight Training Support In Accordance With (IAW) Performance Work Statement 01 (PWS01). Reference Labor Categories within the Pricing Workbook (Attachment S02 - Pricing Workbook, Section J). Trainer must meet certification requirements found in PWS01.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall perform all aspects of Technical Management support at CONUS and OCONUS sites as required in support of Soldier Unmanned Aircraft Systems (SUAS) and its customers IAW PWS01 and all applicable contract provisions.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall deliver all CDRLs IAW the CDRL instructions and PWS01.

MAX

COST

Travel is reimbursed at cost IAW the Joint Travel Regulations (JTR). General & Administrative (G&A) is allowable.

Travel, when applicable, will be defined at the Task Order level.

MAX COST

COST

ODCs are requirements outside of those based on the pre-negotiated fully burdened, fixed price labor rates, material, etc. This CLIN is for non-travel related ODCs.

ODCs, when applicable, will be defined at the Task Order level.

To be reimbursed at actual cost with G&A only.

MAX COST

COST

Covers costs incurred moving SUAS parts and systems inventory.

To be reimbursed at actual cost with G&A only.

Shipping requirements will be defined at the task order level.

MAX COST

FFP

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

MAX

FFP

This Contract Line Item Number (CLIN) represents the total support requirement for the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS) Flight Training Support In Accordance With (IAW) Performance Work Statement 01 (PWS01). Reference Labor Categories within the Pricing Workbook (Attachment S02 - Pricing Workbook, Section J). Trainer must meet certification requirements found in PWS01.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall perform all aspects of Technical Management support at CONUS and OCONUS sites as required in support of Soldier Unmanned Aircraft Systems (SUAS) and its customers IAW PWS01 and all applicable contract provisions.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall deliver all CDRLs IAW the CDRL instructions and PWS01.

MAX

COST

Travel is reimbursed at cost IAW the Joint Travel Regulations (JTR). General & Administrative (G&A) is allowable.

Travel, when applicable, will be defined at the Task Order level.

MAX COST

COST

ODCs are requirements outside of those based on the pre-negotiated fully burdened, fixed price labor rates, material, etc. This CLIN is for non-travel related ODCs.

ODCs, when applicable, will be defined at the Task Order level.

To be reimbursed at actual cost with G&A only.

MAX COST

COST

Covers costs incurred moving SUAS parts and systems inventory.

To be reimbursed at actual cost with G&A only.

Shipping requirements will be defined at the task order level.

MAX COST

FFP

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

MAX

FFP

This Contract Line Item Number (CLIN) represents the total support requirement for the Contiguous United States (CONUS) and Outside Contiguous United States (OCONUS) Flight Training Support In Accordance With (IAW) Performance Work Statement 01 (PWS01). Reference Labor Categories within the Pricing Workbook (Attachment S02 - Pricing Workbook, Section J). Trainer must meet certification requirements found in PWS01.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall perform all aspects of Technical Management support at CONUS and OCONUS sites as required in support of Soldier Unmanned Aircraft Systems (SUAS) and its customers IAW PWS01 and all applicable contract provisions.

Travel costs excluded; charged against separate travel CLIN.

MAX

FFP

The contractor shall deliver all CDRLs IAW the CDRL instructions and PWS01.

MAX

COST

Travel is reimbursed at cost IAW the Joint Travel Regulations (JTR). General & Administrative (G&A) is allowable.

Travel, when applicable, will be defined at the Task Order level.

MAX COST

COST

ODCs are requirements outside of those based on the pre-negotiated fully burdened, fixed price labor rates, material, etc. This CLIN is for non-travel related ODCs.

ODCs, when applicable, will be defined at the Task Order level.

To be reimbursed at actual cost with G&A only.

MAX COST

COST

Covers costs incurred moving SUAS parts and systems inventory.

To be reimbursed at actual cost with G&A only.

Shipping requirements will be defined at the task order level.

MAX COST

FFP

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

MAX

Section C - Descriptions and Specifications

ACCOUNTING FOR CONTRACT SVC

ACCOUNTING FOR CONTRACT SERVICES REQUIREMENT

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Army's objective is to collect as much significant Contractor Man-Year Equivalents (CME) data as possible to allow accurate reporting to Congress and for effective Army planning. Detailed instructions can be found on the System for Award Management (SAM) website - https://www.sam.gov/.

The required information includes:

(1) Unit Identification Code (UIC) of the Army Requiring Activity that would be performing the mission if not for the contractor: W81UHH.

(2) Command of the Requiring Activity that would be performing the mission if not for the contractor: The U.S. Army’s Program Executive Office, Aviation (PEO-AVN) Soldier Unmanned Aircraft Systems (SUAS) Product Office.

(3) Contracting Officer (KO) and contact information:

(4) Contracting Officer’s Representative (COR) and contact information,

(5) Federal Service Code (FSC) reflecting services provided by contractor (and separate FSC for each subcontractor if different). If there are multiple FSCs for an Order number, enter a separate data record for each FSC.

(6) Location where contractor and subcontractor(s) perform the service, including the city, state, zip code, and country. When service is performed at an overseas location, state only the city and country. If there are multiple Locations for an Order number, enter a separate data record for each Location. (Note: If there are many location records that need to be entered, the Bulk Loader function is available which allows the transfer of information from a contractor’s system to the secure web site. The Bulk Loader Template and Bulk Loader Instructions may be downloaded from the web site.)

(7) Contractor Type (prime or subcontractor).

(8) Direct labor hours (including subcontractors) for each FSC.

(9) Direct labor dollars paid this reporting period (including subcontractors) for each FSC.

(10) Weapons system support indication: NO. If subcontractors are used in the performance of this contract, several factors must be considered. Contractor shall include, and require inclusion of, this term in all subcontracts at any tier under the contract in which services are being procured. Contractor shall also enter their data in a timely manner, as subcontractors cannot input any information into the CMRA system until the Prime Contractor has entered their data. The Prime Contractor has overall responsibility for ensuring subcontractors enter their respective data. Subcontractors are only responsible for entering Location Data.

Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION (RFP)

This Request for Proposal for the SUAS Training Services contract will consist of a base ordering period of twelve (12) months with four (4) optional ordering periods of twelve (12) months each. The CLIN structure for the base and option periods is as follows:

Base Year: 12-month ordering period, represented with CLINs 0001-0007 Option Year 1: 12-month ordering period, represented with CLINs 1001-1007 Option Year 2: 12-month ordering period, represented with CLINs 2001-2007 Option Year 3: 12-month ordering period, represented with CLINs 3001-3007 Option Year 4: 12-month ordering period, represented with CLINs 4001-4007

Section G - Contract Administration Data

G.1 TASK ORDER INSTRUCTIONS

CONTRACT ADMINISTRATION

G.1. GOVERNMENT CONTRACT ADMINISTRATION

The Contract Specialist (KS) assigned is Mr. Andrew Richard who can be reached via email at andrew.j.richard12.civ@mail.mil.

The Contracting Officer (KO) assigned is Mr. Kevin Parker who can be reached via email at kevin.j.parker3.civ@mail.mil.

A Contracting Officer’s Representative (COR) will be assigned upon execution of the contract.

G.2. GOVERNMENT PROGRAM MANAGER

The Program Office for this effort is the Program Executive Office – Aviation (PEO-AVN), Soldier Unmanned Aircraft Systems (SUAS) Product Office.

G.3. CONTRACTOR’S CONTRACT ADMINISTRATIVE AND TECHNICAL POINT OF CONTACT

The offeror shall identify their contract administrative and technical Points Of Contact (POC). Submission shall include the contact’s full name, phone number, and email.

The contractor POC responsible for this action is: To be completed at time of award.

G.4. CONTRACTOR'S PAST PERFORMANCE POINT OF CONTACT:

Annual contract past performance evaluations will be performed by the government. The offeror shall identify a POC to participate in these on-line evaluations. This individual is required to register in the Contractor Performance Assessment Reporting System (CPARS at https://www.cpars.gov/) and respond to the government evaluations in a timely manner.

The contractor POC responsible for this action is: TBD

G.5. TASK ORDER PROCEDURE

This effort will result in a Single-Award Indefinite Delivery / Indefinite Quantity (IDIQ) Contract. Upon receipt of a new requirement, the government will issue a Task Order Request (TOR) to the IDIQ holder with the detailed task order PWS and pricing worksheet. The typical lead time for a TOR is 14 calendar days.

Each TOR will be a unique requirement that falls within the scope of the IDIQ. The TOR will include instructions for submitting a task order proposal and the method of evaluation.

Task orders are generally issued unilaterally where the IDIQ holder only needs to respond in receipt of the order, but may be issued bilaterally should the situation require.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

To be determined at contract award.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $15,000,000.00; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after date to be inserted after award.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 or more days before the end of the current ordering period.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the end of the current ordering period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years and six (6) months.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acquisition.gov/dfars AFARS: https://www.acquisition.gov/afars

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

252.216-7006 ORDERING (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from ___________ through ___________ [Dates to be inserted after award].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(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…