W912ER20R0011 RFP.pdf

SEE ADDENDUM

(No Collect Calls)

W912ER20R0011 15-May-2020

b. TELEPHONE NUMBER

540-665-6558

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 06 Jul 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ER9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DIANE E DELATHOUDER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF179

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ER20R0011

Section SF 1449 - CONTINUATION SHEET

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

INVOICE ADDENDUM

MAIL INVOICE: (PLEASE REFERENCE COMPLETE CONTRACT NUMBER ON THE PACKING SLIP AND

THE INVOICE)

U.S. ARMY CORPS OF ENGINEERS

TRANSATLANTIC MIDDLE EAST DISTRICT

P.O. BOX 2250

WINCHESTER, VA 22604-1450

Invoices Should be sent to the following individuals:

ATTN: James Davis - Contracting Officer Representative;

CC: DeEtra Warchola - Program Manager, Kristine Brannon - Program Assistant; Diane E. deLathouder - Contract Specialist; and Joe Libbey - Contracting Officer.

Contact Information:

James Davis Contracting Officer Representative: James.E.Davis2@usace.army.mil DeEtra Warchola Program Manager: DeEtra.C.Warchola@usace.army.mil Kristine Brannon Program Assistant: Kristine.A.Brannon@usace.army.mil Diane deLathouder Contract Specialist: Diane.E.deLathouder@usace.army.mil Joe Libbey Contracting Officer: Joe.L.Libbey@usace.army.mil

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Oct 2018),

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

SPECIAL CONTRACT REQUIREMENTS

Index

1. Passports, Visas and Customs

2. Entry and Exit provisions for Department of Defense (DoD) Contractors performing in Afghanistan

3. Afghanistan Business Registration Procedures for U.S. Companies

4. Afghanistan Tax Requirements

5. Contractor Liaison with Host Government

6. Compliance with Host Country Rules and Customs

7. Individuals/Workers from Countries of Particular Concern

8. Deployment Processing

9. Deployment Processing Through CRC

10. Remains Processing

11. Vehicle and Equipment Operation

12. Accidents/Incident Reporting

13. ANDSF Installation Security Requirements

14. Installation Access and Identification of Employees

15. Clothing and Equipment Issue

16. Safety

17. Contractor's Radio Communication Facility

18. Language

19. Other Work

20. Safeguarding Of Information

21. Public Release of Information

22. Contractor Performance Evaluations

23. Small Business Information

24. Contract Manpower Reporting

25. Workers’ Compensation Insurance (Defense Base Act)

26. Required Insurance

27. Attachment G (A of B), Responsibility Determination

1. PASSPORT, VISAS AND CUSTOMS

The Contractor is responsible for obtaining all passports, visa, and other documents necessary for Contractor personnel to enter and exit any area of operation.

(End of Instruction)

2. ENTRY AND EXIT PROVISIONS FOR DEPARTMENT OF DEFENSE (DOD) CONTRACTORS

PERFORMING IN AFGHANISTAN

Effective 1 September 2015, all U.S. and NATO contractor employees must have a valid national passport and Afghan visa at the time of entry into Afghanistan. The Afghan Ministry of Foreign Affairs (MOFA) is responsible for issuing visas for contractor employees entering Afghanistan. New visas may be obtained through Afghan diplomatic missions worldwide. A list of MOFA diplomatic missions can be found at:

http://mfa.gov.af/en/page/4183/3884. Visa renewals may be obtained through the MOI Passport Department in Kabul or Afghan diplomatic missions. The contractor and subcontractor personnel must comply with all applicable U.S., Afghanistan and third country national laws as well as any other applicable treaties and international agreements.

3. AFGHANISTAN BUSINESS REGISTRATION PROCEDURES FOR U.S. COMPANIES

The Afghanistan Investment Support Agency (AISA), an investment support agency, merged into the Ministry of Commerce and Industry (MOCI) in October 2016. Renewed ASIA licenses that still have a valid expiration date are an acceptable business license. If the AISA license has expired, you must obtain a new MOCI license.

The Ministry of Commerce and Industry (MoCI) is responsible for business facilitation. All corporations, partnerships, limited liability companies and sole proprietorships, foreign or domestic, investing in Afghanistan must obtain a corporate registration from the Afghanistan Central Business Registry (ACBR) and a Tax Identification Number issued by the Department of Revenue.

The websites for registration are:

http://acbr.gov.af/r https://ard.gov.af/english/page/information/service-standards/issue-of-taxpayer-identification-number

4. AFGHANISTAN TAX REQUIREMENTS

All contractors must file an annual tax return in Afghanistan and some contractors may be tax exempt but are still responsible for withholding taxes for employee salaries, rent on real property and contracts with other companies.

Your company is responsible for receiving tax exemption authorization from the Contracting Officer.

a. Rental Tax Withholding

(1) When paying a monthly rent of 0 Afgahnis (Afs) to 10,000 Afs, then you should withhold 0% and file within 15 days after the end of month in which payment was made.

(2) When paying a monthly rent of 10,000 Afs to 100,000 Afs, then you should withhold 10% flat and file within 15 days after end of month in which payment was made.

(3) When paying a monthly rent of over 100,000, then you should withhold 15% flat and file within 15 days after end of month in which payment was made.

b. Employee Tax Withholding

(1) When paying a monthly salary of 0 Afs to 5,000 Afs, then you should withhold 0% and file within 10 days after the end of the month in which the payment was made.

(2) When paying a monthly salary of 5,000 Afs to 12,500 Afs, then you should withhold 2% of amount over 5,000 afs and file within 10 days after the end of the month in which the payment was made.

(3) When paying a monthly salary of 12,500 Afs to 100,000 Afs, then you should withhold 150 Afs + 10% over 12,500 Afs and file within 10 days after the end of the month in which the payment was made.

(4) When paying a monthly salary of over 100,000 Afs, then you should withhold 8,900 Afs + 20% over

100,000 Afs and file within 10 days after the end of the month in which the payment was made.

c. Contractor Tax Withholding

(1) When paying a sub-contractor under 500,000 Afs per year, then you should withhold 0 Afs and file within 10 days after the end of the month in which payment was made.

(2) When paying a sub-contractor over 500,000 Afs per year to a company with an AISA license, then you should withhold 2% flat and file within 10 days after the end of the month in which payment was made.

(3) When paying a sub-contractor over 500,000 Afs per year to a company without an ASIA license, then you should withhold 7% flat and file within 10 days after the end of the month in which payment was made.

d. Business Receipts Tax Return

(1) When revenue is from a contract with a valid contract specific tax exemption on file with the Ministry of

Finance, then you should pay 0% and file within 15 days after the end of quarter in which the payment was made.

(2) When revenue is from all other contracts, then you should pay 2% flat and file within 15 days after the end of quarter in which the payment was made.

e. Annual Income Tax Return

(1) When revenue is from a contract with a valid contract specific tax exemption on file with the Ministry of Finance, then you should pay 0 Afs and file within 3 months after the end of the year.

(2) When revenue is from all other contracts, then you should pay 20% of profit after all allowable expenses and file within 3 months after the end of the year.

5. CONTRACTOR LIAISON WITH HOST GOVERNMENT

All communication by the Contractor with all officials, representatives and/or offices of the Host Government in all matters pertaining to this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances.

6. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

a. The laws of the Host Country may prohibit access to certain areas of the country that are under military control.

The Contractor shall be responsible for advising the Contracting Officer of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

(1) Official language and type of accounts required to satisfy the officials of the local Government.

(2) Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

(3) Passports, health and immunization certificates, and quarantine clearance.

(4) Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

(5) Strikes, demonstrations and work stoppage.

(6) Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

(7) Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

(8) Operating under local laws, practices, customs and controls, end with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

(9) Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

(10) Compliance with workmen's compensation laws and contributions into funds.

(11) Provisions of necessary medical service for Contractor employees.

(12) Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, pre-cast concrete, concrete blocks, etc.

(13) Sales within the host country of Contractor-owned materials, and equipment.

(14) Special licenses for physicians, mechanics, tradesmen, drivers, etc.

(15) Identification and/or registration with local police of imported personnel.

(16) Stamp tax on documents, payments and payrolls.

(17) Base passes for permanent staff, day laborers, motor vehicles, etc.

(18) Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

(19) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

7. INDIVIDUALS/WORKERS FROM COUNTRIES OF PARTICULAR CONCERN

The U.S. Secretary of State has designated nations guilty of particular severe violations of religious freedom as “Countries of Particular Concern” under the International Freedom Act of 1988 and its amendment of 1999.

Citizens from these countries, listed in the table below, are subject to additional levels of security screening and/or may be prohibited access to the work site. The Contractor is responsible for determining access restrictions and compliance with the same. Countries of Particular Concern as Identified by the U.S. Commission on International Religious Freedom:

Tier 1 Countries Tier 2 Countries Other Countries & Regions Monitored

Burma Afghanistan Bangladesh Central African Republic Azerbaijan Belarus China Bahrain Ethiopia Eritrea Cuba Kenya Iran Egypt Kyrgyzstan Nigeria India Mexico North Korea Indonesia Nepal Pakistan Iraq Somalia Russia Kazakhstan Western Europe Saudi Arabia Laos Sudan Malaysia Syria Turkey Tajikistan Turkmenistan Uzbekistan Vietnam https://www.uscirf.gov/all-countries/countries-of-particular-concern-tier-1 https://www.uscirf.gov/all-countries/countries-of-particular-concern-tier-2 https://www.uscirf.gov/all-countries/countries-of-particular-concern-other-countries

8. DEPLOYMENT PROCESSING

U.S. Contractor personnel are required to process through the CONUS Replacement Center (CRC) or through an approved deployment processing center, as determined by the Contracting Officer. The Contractor shall coordinate deployment processing with the CRC at Fort Bliss, Texas, to ensure that contract personnel complete all required training. In the case of mobilized personnel operating under a follow-on contract, the Contractor shall provide evidence to the COR / Contracting Officer, upon demand, that all personnel operating on the contract meet all mandatory training, standards, and requirements for deployment to contract’s place of performance.

9. DEPLOYMENT PROCESSING THROUGH CRC

a. In accordance with Department of the Army (DA) guidance, all U.S. Contractor personnel deploying to the Afghanistan Theater of Operations are required to process through the CRC operated by the U. S. Army Training Doctrine Command (TRADOC) at various military installations in the U.S. Information on pre-deployment processing can be found at http://home.army.mil/bliss/index.php/units-tenants/crc. The Government Contracting Officer will provide a Letter of Authorization, generated in the Synchronized Pre-deployment & Operational Tracker (SPOT), to Contractor personnel validating their contractual employment and authority to process for deployment at the CRC, as well as their authorized GS Equivalency grade (GS-12E or GS-13E). The Contractor shall coordinate directly with the CRC to schedule attendance. This processing will provide the following and therefore these items will not be included as a part of Government support in this contract:

(1) Organizational clothing and individual equipment (OCIE). Chemical Defensive Equipment (CDE), to include protective mask, chemical suits, decontamination kits, and training on their proper use. (NOTE:

Recent changes in the Afghanistan theater protective posture may change the requirement for personnel to deploy with CDE, but the CRC will follow latest guidance).

(2) Medical Screening, to include dental pantographs, all required immunizations, DNA sampling, and HIV screening, as well as specific medical briefings pertinent to conditions in Afghanistan.

b. Normal procedure is for the contract personnel processing through the CRC to deploy directly from the CRC site to the Afghanistan theater through one of several available Aerial Ports of Debarkation (APOD) on military chartered aircraft. Contractor may choose to seek a waiver to this requirement and allow the contract personnel to travel via commercial air to meet urgent schedule and support requirements. If the Government provides a waiver to military charter flights, cost of commercial transportation is allowable under the contract. If the Contractor chooses to send employees commercially without a Government waiver, the Government will not reimburse costs for this travel.

c. Upon arrival in theater, Contractor personnel shall register with the Air Mobility Command (AMC) civilian support cell located at the arriving APOD. This allows AMC to initiate accountability of the contract personnel in theater, and to coordinate with the sponsor unit for transportation and escort of Contractor personnel to the place of duty.

d. Contractor personnel shall have a valid passport and a Kuwait visa. Kuwait is a point of travel from CONUS to AFG and valid credentials are required to enter Kuwait. It is the responsibility of the Contractor to obtain these documents prior to processing through the CRC. The letter of authorization provided by the Contracting Officer will also serve as justification for the Kuwait visa.

10. REMAINS PROCESSING

In accordance with the Department of the Army policy, remains of Contractor personnel will be handled the same as the remains of military and DoD personnel IAW DoD Directive 1300.22. Remains will be collected by the military and transported to Kuwait. The Government will notify the Contractor to coordinate movement of remains back to home of record and ensure proper notification of the next of kin. In the event that there is no availability of Military provided transportation (i.e. MILAIR flights), the Contractor may arrange for the return of the remains from the contract’s place of performance to the home of record (i.e. country) at no cost to the U.S.

Government upon approval by the Contracting Officer and the applicable agency responsible for processing of remains from the contract’s place of performance. See also 252.225-7995 for additional information regarding mortuary affairs.

11. VEHICLE AND EQUIPMENT OPERATION

The Contractor shall ensure that deployed personnel possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations.

12. ACCIDENTS/INCIDENT REPORTING

In-theater Contractor personnel will report, in accordance with the applicable terms and conditions of this contract, any accident or incident involving property damage, injury, illness, hostile action, or other significant occurrence to the Contracting Officer's Representative, Contracting Officer and Project Manager. Accidents involving contractor personnel must be followed up by a USACE Accident Investigation Report (ENG Form 3394C) and submitted to the USACE Project Manager who will be responsible for notifying the Safety Officer to determine if further intervention is required.

13. ANDSF INSTALLATION SECURITY REQUIREMENTS

The Afghanistan Ministry of Defense (MoD) maintains the ultimate authority for establishing, monitoring, and enforcing security requirements at its installations where the O&M work will be performed. All work under this contract is to be accomplished on secure sites. Security restrictions and requirements may vary between sites, and at different times, at the same site in response to conditions beyond the control of the Contracting Officer. The Contractor and its employees and Subcontractors shall become familiar with and obey all rules and regulations including fire, traffic and security regulations. All personnel employed on the facilities shall keep within the limits of the work (and venues of ingress and egress), and shall not enter any Restricted Areas unless required to do so and prior clearance for such entry is obtained. All Contractor, Subcontractor, or vendor personnel and vehicles at any location on the facilities are subject to a thorough search upon entering, departing, or at any time deemed necessary by Base Security Personnel. The Contractor’s equipment shall be conspicuously marked for identification. Pre-coordination of material deliveries and off-site security inspections of material deliveries with security personnel responsible for individual ANA/ANP facilities may be required. The Contractor shall be responsible for compliance with all Base security requirements or the contractor personnel may be denied access or be required to remove any personnel or equipment deemed to be a threat to the security of facilities or facility personnel. The Contractor shall work through the Contracting Officer to assure that all security requirements are followed. This requirement shall not relieve the Contractor from full and complete responsibility for strict compliance with all security requirements and restrictions at the ANA/ANP work sites.

14. INSTALLATION ACCESS AND IDENTIFICATION OF EMPLOYEES

Work under this contract will be performed at a location with security and access control procedures. Compliance with base pass and access procedures is the sole responsibility of the Contractor and is required to be accomplished prior to initiation of the process of gaining access to the site. Requirements for site access may vary from site to site at the site Commander's discretion. The Contracting Officer’s Representative can assist with coordinating site access via the Local Quality Assurance Representative. Site commanders may require official letters from the MoD or MoI along with a listing of personnel, Personnel Tazkira numbers and vehicle identification numbers (VIN).

The Contractor shall be responsible for determining the nature and amount of any fees required. The Contractor is responsible for all workers granted access pursuant to work under this contract. The contractor shall be responsible for furnishing an identification badge to each employee during contract performance or during the employee’s start/end date. All prescribed identification shall be immediately returned to the Government for cancellation upon the release of any employee. The Contractor’s badging system shall be approved by the Contracting Officer, and shall be modified as directed by the Contracting Officer to correct any deficiencies noted during contract performance in maintaining an acceptable level of accountability and control. For additional badging requirements, refer to Performance Work Statement (PWS) C-3.9, Contractor Personnel Identification.

15. CLOTHING AND EQUIPMENT ISSUE

To help distinguish Contractor personnel as non-combatant, Contractors accompanying the force are not authorized to wear military clothing unless specifically authorized by a Department of Army waiver. Contractor employees may wear specific items required for safety and security such as ballistic or NBC (Nuclear, Biological, and Chemical) protective clothing. The CRC, or the theater commander, at his discretion, may provide to the Contractor personnel military unique Organizational Clothing and Individual Equipment (OCIE) to ensure Contractor personnel security and safety. In accordance with FAR Clause 52.245-1, Government Property, located in Section I, the Contractor shall ensure that all issued OCIE is returned to the point of issue.

16. SAFETY

All work shall be conducted in a safe manner and in compliance with the ANSF safety office, and the most current version of the USACE Safety Manual, EM 385-1-1. If the Contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer will issue, in accordance with FAR 52.245-15, a stop work order for all or part of the work until satisfactory corrective action has been taken.

17. CONTRACTOR'S RADIO COMMUNICATION FACILITY

The United States Government does not guarantee the Contractor the right to operate a radio communication facility in Afghanistan. If the Contractor desires to establish a radio communication system, it will be responsible for obtaining all permits, licenses, and frequencies from the GIRoA.

18. LANGUAGE

Translation, instructions or other documents furnished to the Contractor by the Government in connection with the performance of the work will be in the English language only. The Contractor shall provide any translations that are necessary or proper for the performance of the work. Errors or omissions in such translations from the Government instructions or other documents shall be the responsibility of the Contractor. The English text shall govern in the event of disagreements occasioned by differences between the text and the Contractor's translation of instructions or other documents furnished by the Government pursuant to the provisions of the contract. All correspondence and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in the contract. All references in correspondence or other documents to monetary sums shall be furnished in United States Dollars. Discrepancy: In the event of a disagreement between the English text and any foreign language translation of this contract, the English will govern.

19. OTHER WORK

The Contractor shall fully cooperate with other contractors, utility companies, and government employees engaged in other work on and/or adjacent to the work to be performed under this contract.

20. SAFEGUARDING OF INFORMATION

The personnel employed on this contract may, during performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only. Safeguarding of information is extended to dependents and guests of employees, who may, in any manner, obtain knowledge of the Host Government military capacity. Taking of photographs of any airport, military installation, or military facility is prohibited.

21. PUBLIC RELEASE OF INFORMATION

The contractor shall coordinate with the Contracting Officer, Middle East District of the U.S. Army Corps of Engineers for release of information to the public concerning this contract or any program related to this contract.

This clause covers Media Relations and Printed Materials.

a. Media Relations

The contractor is permitted to speak to news media representatives in accordance with his firm’s public relations policies and in conjunction with applicable U.S. government or Army Corps of Engineers’ guidelines on release of information related to the specific program for which the contract was awarded. The contractor is required to inform the Transatlantic Middle East District of significant media contacts. The contractor is encouraged to coordinate directly with the Transatlantic Middle East District’s Public Affairs Officer, as necessary, when the media call is being responded to; however, this shall not preclude the contractor from responding to media requests in a timely manner. The contractor shall respond to inquiries that directly fall within his domain; he shall not speak for the Army or the Corps of Engineers.

b. Printed Materials

(1) The contractor shall not release to anyone outside the contractor’s organization any unclassified information, regardless of medium, pertaining to this contract, unless:

(a) The Transatlantic Middle East District has given written approval, either by the Public Affairs Officer or by the Contracting Officer;

(b) Alternatively, the information is otherwise in the public domain before the date of release.

(2) The contractor shall obtain approval from the Transatlantic Middle East District prior to the dissemination of any briefings or speeches, news releases, articles, fact sheets, advertisements, or any other informational materials intended for public release that are the result of work performed or to be performed under this contract. This review is intended to insure that public release of material does not violate government policy. Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for release. This material shall be submitted to the Public Affairs Officer and to the Contracting Officer at the Transatlantic Middle East District. The contractor shall strive to provide five working days for such approvals. Materials to be released within a shorter period of time will require special handling procedures, and the contractor shall request special consideration directly to the Public Affairs Officer or to the Contracting Officer.

The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the government (the Public Affairs Officer and the Contracting Officer), assuring the government that the prime contractor is knowledgeable of the action and concurs. Nothing in the foregoing section on public release of information shall affect compliance with the clause of the contract entitled, “ANSF Installation Security Requirements.”

22. CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of FAR Subpart 42.15, Contractor Performance Information, USACE will evaluate the Contractor’s performance on an interim basis throughout the performance of the contract. A final performance assessment will be provided at the conclusion of contract performance. USACE will evaluate the Contractor’s performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. After an evaluation (interim or final) is written up by USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. The contractor must be registered in SAM and must have created a Marketing Partner Identification Number (MPIN) in the SAM profile to access CPARS information. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. The ECAs provide digital certificates to the DoD’s private industry partners, contractors using their own equipment or working in non-government facilities, allied partners and other agencies. Current approved ECA

Vendors are listed below:

Operational Research Consultants, Inc. (ORC) http://www.eca.orc.com

Broadcom https://www.broadcom.com/products/cyber-security/identify/identify-access-management

IdenTrust http://www.identrust.com/certificates/eca/index.html

If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

23. SMALL BUSINESS INFORMATION

In accordance with FAR 19.702 (b) (3), this solicitation does not require a subcontracting plan as the place of performance for this requirement will be entirely outside the continental United States (OCONUS); however, in accordance with the statutory requirements of 19.702, any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business concerns.

24. CONTRACT 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 contractor shall be required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes:

a. Contracting Office, Contracting Officer, Contracting Officer‘s Technical Representative;

b. Contract number, including task and Delivery order number;

c. Beginning and ending dates covered by reporting period;

d. Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

e. Estimated direct labor hours (including subcontractors);

f. Estimated direct labor dollars paid this reporting period (including subcontractors);

g. Total payments (including subcontractors);

h. Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different);

i. Estimated data collection cost;

j. Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring

Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the Purposes of reporting this information;

k. Locations where contractor and Subcontractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

l. Presence of deployment or contingency contract language; and

m. Number of contractor and subcontractor employees deployed in theater this reporting Period (by country). As part of its submission, the contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors shall use a direct Extensible Markup Language (XML) data transfer to the database server or fill in the fields on the website.

The XML direct transfer is a format for transferring files from a contractor‘s systems to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer can be downloaded from the website.

25. WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(a) This Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The Department of Labor (DOL) has approved multiple insurance carriers which promotes a competitive market environment. Therefore, USACE contractors shall obtain commercially available DBA insurance from a DOL authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

(c) The contractor agrees to procure Defense Base Act (DBA) insurance. Proof of this insurance shall be provided to the Contracting Officer. The contractor shall submit proof of insurance for the Prime and their Subcontractor(s) at every tier.

(d) The District/Center Safety and Occupational Health Manager POC is:

Ms. Melanie Hart-Barajas, phone 540-665-3723; email Melanie.C.Hart-Barajas@usace.army.mil

(e) The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amounts. When a return is due for over-payment of premium on a specific audit, such returned premium shall be returned to the U.S.

Department of Treasury.

(f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act shall be considered a material breach and could cause your contract to be terminated for default cause.

NOTE: In order to ensure contractors forward DBA insurance brokers a complete and detailed application, and to avoid delays in the application process; the following information is required, which includes, but is not limited to the following:

• Full Name of Insured or Company and Complete Mailing Address

• Telephone Number and Fax Number

• Contact Person

• Email for Contact Person

• Coverage Effective Date

• Contract or Task Order Number

• Clear description of operations (scope/statement of work, etc.)

• Performance location(s)

• Estimated size of payroll (total labor cost)

• Description of security measures at each site, if applicable

• Description of medical facilities at each site, if applicable

• Description of evaluation plans, if applicable

• Description of loss (claims) information, if applicable

26. REQUIRED INSURANCE

(a) The Contractor shall procure and maintain during the entire period of performance under this contract the insurance required by the General Provisions of this contract entitled Workmen's Compensation Insurance (Defense Base Act), and Workmen's Compensation and War Hazard Insurance Overseas. A blanket waiver of the provision of the Defense Base Act is in effect for all employees of contractors and subcontractors working on Department of the Army contracts who are neither residents nor citizens of the United States, nor who were hired in the United States, at the following locations only: Belgium; France; Germany; Greenland; Guam; India; Israel; Italy; Japan;

Kazakhstan; Korea South; Netherlands; Russia; Spain; Switzerland; Turkey; Uzbekistan.

(b) The waiver does not apply to any employees who are (1) Hired in the United States by any contractor or subcontractor; (2) Residents of the United States; or (3) Citizens of the United States.

(c) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate of Defense Base Act Insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

27. ATTACHMENT G, (A OF B) RESPONSIBILITY DETERMINATION

Prior to award, in accordance with Federal Acquisition Regulation (FAR) Part 9 Contractor Qualifications, and Defense Federal Acquisition Regulations (DFARS) 209, the Contracting Officer must make the determination that the prospective awardee is a responsible contractor and is eligible for an award.

A Responsibility Determination Questionnaire Attachment A of B, (“Questionnaire”) has been attached to this

Request for Proposal. The Contracting Officer’s responsibility determination is separate and apart from the Government’s review of your technical and price proposal evaluations. As a result, your firm could be determined to be the best value in terms of your submitted technical and price proposals, but may be found non-responsible based on your responses (or lack thereof) to this Questionnaire.

Your response to the Questionnaire is required to be submitted with your proposal. Instructions and requirements for completing your response are contained in the document, and not duplicated here, to avoid discrepancies. Read the directions carefully as there are numerous parts and sub-parts, many of which have different page length submission limitations.

5152.225-5915 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (JUN 2014)

(a) Contract performance 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.

(1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Afghanistan for the sole purposes of performance of work on a USG contract must be accounted for at all times by their respective employers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of each of its employees’ living quarters a minimum of once a month. If a DoD contracted employee becomes missing and evidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered.

Such an event will be treated as an accountability battle drill by the employer’s chain of command or civilian equivalent.

(2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in this process, contractors may use the Operational Contracting Support Drawdown Cell as a resource to track or research employee’s last known location and/or to view LOA’s. All missing personnel will be immediately reported to the installation division Personnel Recovery Officer (PRO), Mayor’s cell, Military Police Station and/or the Criminal Investigative Division, and the Base Defense Operations Center (BDOC).

(3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the

USD PRO (or USFOR-A Personnel Recovery Division (PRD) with prior coordination) will attempt to validate the missing person’s identity through the employer. The contractor shall provide the information to PRD within 12 hours of request. The required information the contractor should keep on file includes but is not limited to: copy of the individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational Tracker System (SPOT), copy of passport and visas, housing information of where the individual resides such as room number and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for known friends or associates.

(a) If USFOR-A PRD determines through investigation that the unaccounted personnel have voluntarily left the installation either seeking employment with another contractor or other non-mission related reasons, PRD will notify the contractor. The contractor shall ensure that all government-related documents such as LOA’s, visas, etc. are terminated/reconciled appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) of DFARS clause 252.225-7997 entitled “Contractor Demobilization”. Contractors who fail to account for their personnel or whose employees create PR events will be held in breach of their contract and face all remedies available to the Contracting Officer.

(b) 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

(End of Clause)

SPECIAL CONTRACT REQUIREMENT 18-01 SEXUAL HARASSMENT/ASSAULT RESPONSE AND

PREVENTION (SHARP)

1. Special Contract Requirements

a. Definitions:

“Discrimination” includes discrimination on the basis of race, color, national origin, religion, sex.

“Sexual Assault” is a crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to

Other Pertinent Information commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim.

“Consent” will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.

“Sexual Harassment” is a form of sex discrimination that involves…