09-R-0023.pdf

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William.A.Bailey@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 67

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912BU 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and block 7 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

WILLIAM BAILEY 215-656-6932

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

4 - 11a J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 14 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 16 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 17 - 25 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

26 - 43

PART II - CONTRACT CLAUSES

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

12 Jun 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912BU-09-R-0023

Section B - Supplies or Services and Prices

Prime Power Services, Camp Gary Owen

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Lump Sum $______________ $_____________________ Mobilization/de-mobilization

A. Mobilization - $____________________ B. De-mobilization -$___________________

NET AMT

0001AB 12 Months $_____________ $______________________ Prime Power Services, Camp Gary Owen, Al Amarah, Maysan Province, Iraq:

Provide minimum of 2.5 mw, prime power, including low voltage distribution and grounding system, in accordance with the detailed Scope of Work at Section C, herein.

0002 12 Months $______________ $______________________ Perform O&M (Operation and Maintenance) off approximately 1,500 meters of existing 4160V phase-to-phase distribution in accordance with the Scope of Work at Section C, herein.

0003 12 Months $_______________ $_______________________ OPTION Option to Increase Capacity, 4 mw (Increase of prime power services by 4 mw, nominal)

0004 12 Months $_________________ $_______________________ OPTION Option to Extend Performance Period - Basic services of 4 mw standby, average

2.5 mw monthly demand. The Government may extend these services up to a total of 12 calendar months.

0005 12 Months $_________________ OPTION Option to Extend-O&M of MV Distribution - The Government may extend these services up to 12 calendar months.

Section C - Descriptions and Specifications

Scope of Work

Description of Work: General

1. Except as otherwise expressly provided herein, the contractor shall supply all adequate and competent labor, supervision, tools, equipment, consumable materials, services, testing devices, and every item of expense necessary for the supply, handling, hauling, unloading, receiving, assembly, testing, commissioning, and startup of a Contractor Furnished Leased Power Plant as described within the contract documents, at Camp Gary Owen, Al Amarah, Maysan Province, Iraq. The electrical power plant includes the following:

Power plant:

Power Plant (4MW nominal capability with option to expand – see page 5) Low-voltage distribution (as required for controls and utilities) Grounding (Earthing)

Other Services:

Medium-voltage Distribution (approximately 1,500 meters of existing underground (UG)

This work will be coordinated with any on-going civil, mechanical, and housing work being completed in the same location during the same time frame to minimum interferences. The designated Representative(s) of the U.S. Government will provide support seven days a week, 24 hours per day for this activity. All contractor work shall be within the boundaries of Camp Garry Owen and as depicted on the enclosed drawings. The contractor work lay down area plant will be provided to the designated Government Representative(s) for approval prior to mobilization.

2. Specifications, Drawings, Attachments, and Other Exhibits: All work shall be performed in strict accordance with the following described specifications, drawings, and other documents as shown in the following table (drawing attached).

Drawings Title

E-1 Electrical Site Plan

Manufacturer’s Instructions: Contractor shall, unless otherwise specified, comply with the manufacturer’s latest printed instructions for materials, supply, storage, and installation methods.

Notify the designated Government Representative(s), in writing, of any conflict between this Scope of Work and the manufacturer’s instructions. The Government Representative(s) will determine in writing which document(s) is/are to be followed.

3.0 DESCRIPTION OF WORK - SPECIFIC

The work described in this section shall included, but not be limited to, the following:

UPower Plant

3.1.1. ULeased Power Plant : U This work includes the installation, testing, commissioning, and startup of the Power Plant in accordance with the contract documents. The Power Plant must operate at 60Hz, transformed up to 4160V Phase-to-Phase. The contractor shall size the generators properly to maintain a generator in reserve while maintaining an average 2.5MW load. The power plant shall include a 7-day supply of fuel storage and necessary manifolds and piping from the tanks to the generators. Fuel storage tanks shall be made of steel with secondary spill containment. Seven-day fuel supply shall be calculated as fuel consumption of all generators running at 80 percent capacity 24 hours per day for 7 days. The contractor shall provide concrete pads for fuel tanks, and generators. The Government has an option to increase the total nominal capacity of the plant from 4 mw to 8 mw. This option may be exercised at any time during the base performance period.

3.1.2. UMedium-voltage Switchgear: U This item includes the provision, installation, testing, commissioning, and energizing of the Main Switchgear (minimum 1200A bus) as specified in the contract documents.

3.1.3. UMedium-voltage Distribution: U This item includes the O&M (Operation and Maintenance) of approximately 1,500 meters of existing 4160V Phase-to-Phase distribution. Contractor Umust maintainU, at all times, a bench stock of a minimum but not limited to loadbreak elbows- six (6) each, deadbreak elbows-three (3) each, and splice kits -twelve (12) each, all for 5kV cable.

3.2.2. ULow-voltage Distribution: UThis item includes the provision, installation, testing, commissioning, and energizing the LV distribution system in accordance with the Scope of Work. This includes control voltage for the generator panels, power distribution centers for each generator with control voltage transformers, and secondary voltage for utility lighting, power, and controls in the control building. Exterior cabling shall be both below grade and above grade.

The contractor shall trench for below grade cables. For above grade cables, the contractor shall install cables in conduits.

3.2.3. UGrounding System: U This item includes the installation, testing, and commissioning of a grounding (Earthing) system as stated in these documents. At a minimum, the systems shall include all ground cables, and terminations for the Grounding System. Copper-clad, 21 mm x

3000 mm, ground rods shall be used. Each fuel tank and generator set, and control building shall have a minimum of two (2) ground rod points. The grounding system shall run longitudinally the length of the generator site at 15,000 mm maximum spacing of ground rods, minimum of two

(2) grounding triads, consisting of 3 ground rods spaced 3000 mm apart and test well at each end of the site, and ground conductor of 25 mm, bare copper conductors. Earth resistance of 25 ohms or less shall be achieved.

UCONTRACTOR TASKSU

The contractor shall provide all tools, materials, necessary equipment, and testing required in accordance with his design drawings that include technical and performance specifications.

4. TEMPORARY FACILITIES AND UTILITIES

Furnished by the Contractor. Except as expressly set forth, the contractor shall supply, install properly, maintain, and remove all temporary construction facilities and utilities necessary for full and complete performance of the work. Such items shall include, but not necessarily be limited to, those listed below. The type of facilities, move-in and move-out dates, and locations on jobsite shall be subject to, and in accordance with, the review and approval of the designated Government Representative(s).

Adequate, weather-tight storage of materials, tools and equipment, which are subject to damage by weather.

All temporary buildings, including contractor living quarters, shower and toilet facilities, and change rooms

All temporary sanitary facilities to include janitorial services, storages and removal of sewage.

All temporary toilets shall be kept in a constant sanitary condition and shall be in compliance with all applicable health or other regulations. Portable enclosed toilets may be used in fabrication areas provided they are regularly attended and maintained. Before completion all toilet facilities shall be removed and their areas disinfected and filled. The location of all temporary toilet facilities is subject to the approval of the designated Government Representative(s).

Fuels and lubricants

All necessary heating and any heating fuels

Power/light plans

Transportation facilities on and off-site (only contractor vehicles approved by the designated Government Representative(s) will be allowed on site)

Communication facilities

Compressed air and gases

Maintenance of the contractor’s laydown, storage, and work areas and roads within such areas

All cranes and other necessary equipment for handling, hauling, unloading and receiving contractor supplier materials, tools, and equipment

All radio-graphing and other non-destructive testing equipment

All small tools, rags, gloves, coveralls

Temporary lighting

All standard expendable or consumable construction items and supplies

Water supply including potable water

Electrical power for small tools, etc, required in the actual work area by the contractor

Any necessary permits

All safety items necessary to perform the Work and protect the Work area, including fire protection equipment

Temporary fencing to secure work areas materials and equipment storage. All glycol or nitrogen as required for pressure testing.

First aide facilities and services

Containers and services for hauling, removal and disposal of waste and debris. The contractor shall advise the designated Government Representative(s), in writing, of any need for disposal of hazardous waste prior to removal of such waste from the jobsite.

UGOVERNMENT FURNISHED ITEMS U

The designated Government Representative(s) will supply or cause to be supplied, the following temporary construction facilities and utilities to the contractor, without cost, for or in connection with the performance of the Work:

Parking facilities: Neither the designated Government Representative or Owner will be financially responsible for any damage or unlawful acts to any of the contractor’s equipment or private vehicles parked in designated parking areas.

No storage facilities or protective coverings of any kind will be furnished by the Government.

Site for contractor’s office trailer to be determined by the Government Representative(s)

Site Perimeter Security

Potable water for contractor’s man camp

Fuel for the Power Plant and contractor vehicles

5. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

The contractor shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and any other services furnished by the contractor under this contract. The contractor shall, without additional compensation, correct or revised any errors, or deficiencies, in its designs, drawings, specifications, and other services.

Neither the Government’s review, approval or acceptance of nor payment for, the services required under this contract shall be construed to operate as a waiver of any right under this contract or of any cause of action arising out of the performance of this contract and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services.

The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

6. PERFORMANCE SCHEDULE AND SEQUENCE OF WORK

The contractor shall commence performance of the Work within 10 days after Notice to Proceed is issued and shall complete all Work in an acceptable condition not later than 31 July 2009. The contractor shall have 15 calendar days thereafter to complete his demobilization. The period of performance shall be 12 calendar months from date of commissioning. The Government has the option to extend the performance period of this contract up to an additional 12 calendar months.

Drawings/Engineering Change Notices shall be provided by the designated Government Representative(s) when there is an approved deviation to the original Scope of Work.

General scheduling, reporting and coordination requirements shall be as described in this document. Specific scheduling and coordination requirements shall be as follows. Schedules shall be submitted for review and approval prior to commencement of work:

• Mobilization time for manpower and equipment

• Material deliveries to jobsite

• Start and completion of different segments of work (early and late starts)

• Any qualifying conditions of designated Government Representative(s).

• As required

Sequence of Installation and Submittals

After receipt of the NTP (Notice to Proceed), the contractor shall initiate work, comply with all submittal requirements as covered under the specifications and Scope of Work. The contractor may begin installation on portions of the work that the Government has reviewed the submittals and has determined satisfactory for the purpose of beginning installation. The designated Government Representative (s) will notify the contractor when the activity is cleared for installation. The Government will not grant any time extension for any submittal required re-submittal, when the initial submission failed to meet the minimum quality requirements as set forth in this contract.

If the Government allows the contractor to proceed with limited installation based on pending minor revisions to the reviewed final submittal no payment will be made for any in-place installation related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

No payment will be made for any in-pace installation until all required submittals have been made, reviewed and are satisfactory to the Government.

Site work will be 7 days per week 24 hours per day.

7. DATA REQUIREMENTS

The designated Government Representative (s) will issue one (1) reproducible copy of the contract documents including the Scope of Work for the contractor’s use in obtaining all installation prints. For all other documentation, the Government Representative(s) will provide only one (1) copy for the contractor’s use.

The contractor shall submit the following data to the designated Government Representative(s) as part of the Scope of Work within 10 calendar days of award.

Six (6) copies of the contractor’s final design to comply with the Scope of Work requirements.

Two (2) copies of test reports and test certificates as set forth in the Submittal requirements within 24 hours for review.

A Site-specific, Quality Control Program for review prior to commencement of any work

All necessary QC documentation as work is completed.

The contractor’s performance of his obligations hereunder shall not be deemed completed until the designated Government Representative (s) is in receipt, on proper forms, of all Technical Data, Drawings, and other documents to be submitted as part of the Scope of Work. Failure to comply with the above data requirements will entitle the Government to withhold any payment, or final payment, pending receipt of all the above data without prejudice to any other remedy of the U.S. Government. Samples, that have been reviewed may, at the Government Representative’s option, be returned to the contractor for incorporation into the Work.

The following submittals shall be provided to the designated Government Representative(s) prior to Camp access or installation:

Generator sets Electrical Panels Medium-voltage Switchgear and Power Distribution Centers (PDCs) Electrical Wire and Cable

8. Drawings and documents:

Complete erection drawings and installation instructions shall be submitted to the designated Government Representative (s) at Camp Gary Owen. These documents must show anchor details, shipping split details and connection, sidewall, end wall, roof framing, cross sections, skid details, including lifting devices, flashing and accessory installation details to clearly indicate the proper assembly of all building parts or accessories.

9. Inspection and testing:

All checks and tests listed below shall be performed at the factory prior to shipment of the unit to Camp Gary Owen.

General: To be checked against the drawings and the specifications for compliance

Physical arrangement (Includes layout, available conduit space, anchor locations, etc.)

Materials as specified Lifting means

Mechanical Check: The following items must be inspected and must be documented to be free from all manufacturing, wiring, and assembly debris:

Electrical Check:

The voltage rating of components (i.e., fans air conditioners, etc.) will be verified against the Bill of Materials.

The size and type of wire will be checked against the standards and /or specifications.

The continuity of wiring and operation of equipment will be verified by applying voltage to all circuits.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

All work/services will be inspected and accepted at destination by the Contracting Officer’s designated representative.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section G - Contract Administration Data

UCONTRACT ADMIN DATA

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 ACCOUNTING AND APPROPRIATION DATA:

To Be Shown on Award

G-2 CONTRACT ADMINISTRATION:

U.S. Army Engineer District, Philadelphia Attn: CENAP-CT Wanamaker Building 100 Penn Square East Philadelphia, Pennsylvania 19107-3390

G-3 PAYMENT BY:

U.S. Army Corps of Engineer Finance Center 5722 Integrity Drive Millington, TX 38054-5005

G-4 BILLING ADDRESS:

Invoice shall be forwarded as follows:

Original to address in G-2 and 1 copy to address in G-3, above

G-1

PERFORMANCE BASED PAYMENT SCHEDULE

The required performance start date is July 31, 2009. The contractor’s timely and adept management of the offered, and accepted, Mobilization Schedule is critical to meeting that start date. Accordingly, the following payment schedule will be in effect for the mobilization phase of this contract.

Mobilization completed and plant commissioned on time - 100 percent of mobilization

Mobilization completed, plant commissioned 1-7 days late - 95 percent of mobilization

Mobilization completed, plant commissioned 8-14 days late 90 percent of mobilization

Mobilization completed, plant commissioned 15-21 days late 80 percent of mobilization

If delay(s) are such that they are beyond the control, and without the fault or negligence of the contractor, there shall be no adjustment to the mobilization payment..

G-2

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CLAUSE 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING

CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (MAR 2009)

(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, when the person is or has been a victim of a severe form of trafficking in persons.

(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 laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements.

(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.

In accordance with AI 23.1000‐100, JCC‐I/A clause 952.223‐0001, Reporting Kidnappings, Serious Injuries and Deaths, shall be included in all service and construction contracts with performance in Iraq or Afghanistan.

CLAUSE 952.223-0001 REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS

(MAR 2009)

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

CLAUSE 952.225-0001 ARMING REQUIREMENTS AND PROCEDURES FOR

PERSONAL SECURITY SERVICES CONTRACTORS AND FOR REQUESTS

FOR PERSONAL PROTECTION (MAR 2009)

General. Contractor and its subcontractors at all tiers that require arming under this contract agree to obey all laws, regulations, orders, and directives applicable to the use of private security personnel in Iraq and Afghanistan, including U.S. CENTCOM, Multi- National Force Commander and Multi-National Corps Commander orders, instructions and directives. Contractors will ensure that all employees, including employees at any tier of subcontracting relationships, armed under the provisions of this contract, comply with the contents of this clause and with the requirements set forth in the following:

DODI 3020.41, Program Management for Acquisition and Operational Contract Support in Contingency Operations;

DFARS 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United States;

Class Deviation 2007-O0010, Contractor Personnel in the United States Central Command Area of Responsibility CPA Order #17, Registration Requirements for Private Security Companies, dated 27 Jun 04;

U.S. CENTCOM Policy Letter, Mod 1, Personal Protection and Contract Security

Service Arming, dated 7 Nov 2006

Required Government Documentation. The unit requesting the contractor security shall provide a description of the following to the arming approval authority and to the contracting officer:

The specific location where the PSC will operate;

The persons and/or property that require protection;

The anticipated threat;

The required weapon types; and The reason current security/police forces are inadequate.

Required Contractor Documentation. Contractors and their subcontractors at all tiers that require arming approval shall provide the following to the contracting officer representative (COR):

Documentation that each employee who will be armed under the contract received the following training— Weapons Qualification/Familiarization. All employees must meet the qualification requirements established by any DoD or other U.S. government agency Law of Armed Conflict (LOAC); Rules for the Use of Force (RUF), as defined in the U.S. CENTCOM Policy, dated 23 December 2005; and Distinction between the above-prescribed RUF and the Rules of Engagement (ROE), which are applicable only to military forces.

Completed DD Form 2760 (or equivalent documentation) for each armed employee, indicating that the employee is not otherwise prohibited under U.S. law from possessing the required weapon or ammunition.

One (1) copy of a business license from the Iraqi or Afghani Ministry of Trade or Interior;

One (1) copy of an operating license (or a temporary operating license) from the Ministry of Interior;

A communications plan that, at a minimum, sets forth the following:

The contractor’s method of notifying military forces and requesting assistance where hostilities arise or combat action is needed;

How relevant threat information will be shared between contractor security personnel and U.S. military forces; and How the contractor will coordinate transportation with appropriate military authorities.

An acceptable plan for accomplishing background checks on all contractor and subcontractor employees who will be armed under the contract. The contractor shall, at a minimum, perform the following (which will be specifically addressed in its plan and which will be documented and furnished to the COR upon completion):

Use one or more of the following sources when conducting the background checks: Interpol, FBI, Country of Origin Criminal Records, Country of Origin U.S. Embassy Information Request, CIA records, and/or any other records available; Verify with MNC-I or Afghanistan RCE – CG Provost Marshal that no employee has been barred by any commander within Iraq or Afghanistan; and Certify, after completing all checks, that all persons armed under this contract are not prohibited under U.S. law from possessing a weapon or ammunition.

Required Contractor Acknowledgements. Contractors and their subcontractors at all tiers that require arming approval will provide written acknowledgement of the following to the COR:

Penalties for Non-Compliance. Failure of contractor or subcontractor employee(s) to comply with the laws, regulations, orders, and rules (including those specified herein) governing the use of force may result in the revocation of weapons authorization for such employee(s). Where appropriate, such failure may also result in the total revocation of weapons authorization for the contractor (or subcontractor) and sanctions under the contract, including termination. Criminal and Civil Liability. Arming of contractor or subcontractor employees under this contract may subject the contractor, its subcontractors, and persons employed by the same, to U.S. and

Host Nation prosecution and civil liability. “Host Nation” refers to the nation or nations where services under this contract are performed.

Lapses in Training. Failure to successfully retrain an employee who is armed under this contract within twelve (12) months of the last training date will constitute a lapse in the employee’s authorization to possess and carry the weapon. All unauthorized employees will immediately surrender their weapon to the contractor and will remain unarmed until such time as they are retrained and the COR determines that the retraining is sufficient.

Authorized Weapon & Ammunition Types. Unless DCDRUSCENTCOM (or a designee) provides otherwise, all arming requests and authorizations for contractor or subcontractor employees under this contract shall be limited to U.S. Government approved weapons and ammunition. This restriction applies to all weapons in the possession of contractor employees, even if such weapons are required for personal protection. The following weapons and ammunition are currently authorized by the U.S. Government for use in Iraq and Afghanistan:

The M9, M4, M16, or equivalent (e.g. .45 CAL, AK-47).

The M9 or equivalent sidearm will be the standard personal protection weapon unless other weapons are specifically requested and approved. U.S. government Ball ammunition is the standard approved ammunition.

Requirements for Individual Weapons Possession. All employees of the contractor and its subcontractors at all tiers who are armed under this contract must:

Possess only those U.S. Government-approved weapons and ammunition for which they are qualified under the training requirements of section (c);

Carry weapons only when on duty or at a specific post;

Not conceal any weapons, unless specifically authorized;

Carry proof of authorization to be armed.

Employees not possessing such proof will be deemed unauthorized and must surrender their weapon to their employer; and IAW USCENTCOM G.O. #1, consumption of alcohol in Iraq or Afghanistan is prohibited. In the event of a suspension or and exception to G.O. #1, employees shall not consume any alcoholic beverage while armed or within eight (8) hours of the next work period where they will be armed.

Weapons/Equipment Restrictions and Responsibilities. Unless otherwise provided, the U.S. Government will not provide any weapons or ammunition to contractors, their subcontractors, or any employees of the same. The Contractor will provide all weapons and ammunition to those employees that will be armed under the contract. The contractor and its subcontractors at all tiers will also provide interceptor body armor, ballistic helmets, and the Nuclear, Biological, and Chemical (NBC) protective masks to those employees that require such equipment in the performance of their duties.

Rules for the Use of Force (RUF). In addition to the RUF and ROE training referenced in paragraph (c), the contractor and its subcontractors at all tiers will monitor and report all activities of its armed employees that may violate the RUF. Prompt reporting demonstrates a desire by the contractor and its subcontractors to minimize the impact of any violations and, therefore, will be given favorable consideration. Violations of the RUF include, though are not limited to:

Taking a direct part in hostilities or combat actions, other than to exercise self-defense;

Failing to cooperate with Coalition and Host Nation forces;

Using deadly force, other than in self-defense where there is a reasonable belief of imminent risk of death or serious bodily harm;

Failing to use a graduated force approach;

Failing to treat the local civilians with humanity or respect; and Detaining local civilians, other than in self-defense or as reflected in the contract terms.

Retention and Review of Records. The Contractor and all subcontractors at all tiers shall maintain records on weapons training, LOAC, RUF and the screening of employees for at least six (6) months following the expiration (or termination) of the contract. The Contractor and its subcontractors at all tiers shall make these records available to the Contracting Officer or designated representative, at no additional cost to the government, within 72 hours of a request.

Contractor Vehicles. Vehicles used by contractor and subcontractor personnel in the course of their security duties shall not be painted or marked to resemble U.S./Coalition or host nation military and police force vehicles.

Quarterly Reporting. The prime contractor will report quarterly (i.e. NLT 1 January, 1 April, 1 July and 1 October for each quarter of the calendar year) to the Contracting Officer responsible for this contract, and any other organization designated by the Contracting Officer, the following information under this contract:

The total number of armed civilians and contractors; The names and contact information of its subcontractors at all tiers; and a general assessment of the threat conditions, adequacy of force numbers, and any problems that might require a change to force levels. Note: this information is in addition to the information the contractor promises to immediately provide under the communications plan referenced at paragraph (c)(5).

CLAUSE 952.225-0002 ARMED PERSONNEL INCIDENT REPORTS (MAR 2009)

(a) All contractors and subcontractors in the Multi-National Forces-Iraq (MNF-I) or Combined Joint Task Force (Afghanistan) theater of operations shall comply with and shall ensure that their personnel supporting MNF-I or CJTF forces are familiar with and comply with all applicable orders, directives, and instructions issued by the respective MNF-I or CJTF Commanders relating to force protection and safety.

(b) IRAQ: Contractors shall provide all incidents and use of weapons firing incidents to the MNC-I Contractor Operations Cell (CONOC) as soon as practical, based upon the situation, and submit a written report to CONOC within 4 hours. The initial report shall include the name of the company, location of the incident, time when the incident occurred, a brief description of the events leading up to the incident, and a company point of contact. A follow-up, comprehensive written report shall be provided to the CONOC within 96 hours of the incident. Reports shall be submitted to CONOC at: mncic3conoc@iraq.centcom.mil;, DSN 318-435-2369; Iraqna 0044 203 286 9851 or 0044 203 239 5894; or Skype: MNCICONOC.

(c) AFGHANISTAN: Contractors shall report all incidents and use of weapons through their Contracting Officers who will notify the JOC Watch at Bagram AB. (JOC SHIFT DIRECTOR, DSN: 318-431-4116; SVOIP: 431-7108) Information should include: the name of the company, where the incident occurred, time when the incident occurred, a brief description of the events leading up to the incident, and a point of contact for the company. The JOC Watch duty officer will issue guidance for further reporting requirements.

(d) Contractors shall provide first aid and request MEDEVAC of injured persons, and remain available for U.S. or Coalition response forces, based upon the situation. In the event contractor personnel are detained by U.S. or Coalition Forces, prolonged detention due to lack of proper identification can be alleviated by contractor personnel possessing on their person information that includes the contractor’s name, the contract number, a contractor management POC, and the phone number of the CONOC/JOC Watch.

CLAUSE 952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS

(MAR 2009)

(1) 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. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

(2) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (ie. 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 protectives 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 electrophysiologic 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 (< 1year) of mood disorder, thought disorder, anxiety, somotoform, 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 8 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the

CENTCOM AOR).

(3) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD 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.

(4) 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.

(5) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. In accordance with OUSD(C) Memorandum dated 4 June 2008, the following reimbursement rates will be charged for services at all DoD deployed medical facilities. These rates are in effect until changed by DoD direction.

(a) Inpatient daily rate: $2,041.00. Date of discharge is not billed unless the patient is admitted to the hospital and discharged the same day.

(b) Outpatient visit rate: $195.00. This includes diagnostic imaging, laboratory, pathology, and pharmacy provided at the medical facility.

CLAUSE 952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS (MAR 2009)

(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 Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps 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. Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures.

(c) Contractor employees may be ordered removed from secure military installations or the theater of operations by order of the senior military commander of the battle space 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 the USCENTCOM Area of Operations (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 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.