W91B4N-18-Q-2002_AMD_09.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to:

Update the Performance Work Statement (PWS) (changes highlighted)

Updated Attachment 0001 – Pricing Workbook

Update Addendum to FAR 52.212-1 (changes highlighted)

Provide responses to contractor’s questions via Attachment 0002 – Questions and Answ ers

Refer to the continuation page of this SF-30 for the details pertaining to this amendment.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 47

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Apr-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91B4N-18-Q-2002

X 9B. DATED (SEE ITEM 11)

09-Mar-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Apr-2018

CODE

REGIONAL CONTRACTING CENTER-AFGHANISTAN

BUILDING 13897

BAGRAM AF, AFGHANISTAN

APO AE 09354

W91B4N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91B4N-18-Q-2002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 15-Apr-2018 02:00 PM to 08-Apr-2018 02:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

The Contractor shall be responsible for mobilization of a work force, supervisory staff, material, equipment, weapons, and all other materials/supplies/personnel necessary to perform internal security services at BAF.

To:

The Contractor shall be responsible for a 60 day mobilization of a work force, supervisory staff, material, equipment, weapons, and all other materials/supplies/personnel necessary to perform internal security services at

BAF.

The unit of issue has changed from Lot to Job.

CLIN 0002

Perform guard duties by searching visitors and their belongings. Guards assists U.S. Government personnel performing guard services.Security Guards (69 Armed Local Nationals) Para 4.1.1Interpreters (6 Unarmed Local

Nationals) Para 4.1.4Shift Supervisors (27 Armed Other Country Nationals) Para 4.1.6Female Screeners (9

Unarmed Other Country Nationals) Para 4.1.2Security Guards (243 Unarmed Local Nationals) Para 4.1.3Guard

Team Supervisors (22 Unarmed Local Nationals) Para 4.1.5

Perform guard duties by searching visitors and their belongings. Guards assists U.S. Government personnel performing guard services.Security Guards (42 Armed Local Nationals) Para 4.1.1Interpreters (12 Unarmed Local

Nationals) Para 4.1.4Shift Supervisors (9 Armed FVEY / Other Country Nationals) Para 4.1.6Female Screeners (6

Unarmed Other Country Nationals) Para 4.1.2Security Guards (231 Unarmed Local Nationals) Para 4.1.3Guard

Team Supervisors (9 Unarmed Local Nationals) Para 4.1.5

CLIN 0003

Perform guard duties by searching visitors and their belongings. Guards assists U.S. Government personnel performing guard services.Security Guards (27 Armed FVEY EXPATS) Para 4.1.7Shift Supervisors (3 Armed

FVEY EXPATS) Para 4.1.8

Perform guard duties by searching visitors and their belongings. Guards assists U.S. Government personnel performing guard services.Security Guards (12 Armed FVEY EXPATS Only) Para 4.1.7Shift Supervisors (3 Armed

FVEY EXPATS Only) Para 4.1.8

CLIN 0006

Responsible for overall performance, shall be available 24 hours a day, will be responsible for the scheduling and execution of the security force responsibilities and to interface with the COR as the direct representative of the

Contractor. Assist Site Manager in Day to Day administrative operations. The Deputy Site Manager shall be empowered to make and carry out management decisions. One (1) Armed FVEY EXPAT Personnel needed IAW

Para 4.1.1

Responsible for overall performance, shall be available 24 hours a day, will be responsible for the scheduling and execution of the security force responsibilities and to interface with the COR as the direct representative of the

Contractor. Assist Site Manager in Day to Day administrative operations. The Deputy Site Manager shall be empowered to make and carry out management decisions. One (1) Armed FVEY EXPAT Personnel needed IAW

Para 4.1.11

CLIN 0009

The unit of issue has changed from Lot to Job.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Pricing Workbook 2 21-FEB-2018 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Pricing Workbook 2 05-APR-2018

The following have been modified:

ADDENDUM TO FAR 52.212-1

1. General Eligibility.

The quoter must be registered in Joint Contracting and Contingency Services (JCCS) at the time of quote submission. Quoters who are United States vendors shall also be registered and current in the System for Award

Management (SAM) database at the time of quote submission. In addition, all subcontractors at all tiers, who the prime contractor will contract with during the life of the contract, shall be registered in JCCS at the time of quote. A

“subcontractor” means any supplier, distributor, vendor, or firm (company) that furnishes supplies or services to or for a prime contractor, or for another subcontractor. The quoter shall submit a listing of all proposed subcontractors, at all tiers, to the Contracting Officer at the time of quote submission. If the quoter will not use subcontractors to perform during the life of the contract, the quoter shall submit a negative response to the

Contracting Officer at the time of quote submission. Failure of the quoter or the subcontractor to be registered in

JCCS, failure to inform the Contracting Officer of the names of all subcontractors, or failure of the quoter to provide a negative reply if they will not use subcontractors, may deem the quoter nonresponsive and ineligible for award. To receive a contract, quoter must be approved in JCCS at time of award. A status of “pending approval” in JCCS is not sufficient to receive award making the contractor ineligible for award. Contractors are ultimately responsible for its status in JCCS and for rectifying issues, such as missing documentation, prior to quote submission.

Offerors responding to this solicitation shall submit a valid and current Afghanistan Investment Support Agency

(AISA)(or equivalent) Business license and PSC license at the time of proposal submission including those of any subcontractor. If the name on the AISA (or equivalent) and PSC licenses does not match the name of the offeror or subcontractor exactly, the offeror shall submit an affidavit indicating that the company name on the licenses is the same company as that of the offeror and not that of a different legal entity. The Government will not accept offers from offerors whose AISA license is in an industry classification unrelated to security contracting. The armed Private Security Offerors and their personnel shall not be from Afghanistan neighboring countries.

2. Quote Instructions

a. All quoters shall submit its quote electronically to anna.e.welker.civ@mail.mil. The subject line shall contain the solicitation number. Ensure your submission is no larger than 4 megabytes. If your file is larger than

4 megabytes break the email into smaller files and send them individually. Example: INSERT COMPANY

NAME, Solicitation Number W91B4N-18-Q-2002 - EMAIL 1 of 3 etc. The quoter is responsible to ensure that the Government receives its quote prior to the date and time specified in Block 8 of the Standard Form 1449.

Submit signed and dated quotes to the email addresses specified in this paragraph at or before the exact time specified in this solicitation. Quoters shall submit quotes in the English language only to include any documents submitted with the quote. For example, quoters shall submit both sides of all pages of the AISA (or equivalent) and PSC licenses in the original Dari as well as with an English translation (this applies to any licenses submitted).

b. Due to the austere environment of Afghanistan, quoters should anticipate delays in the delivery of electronic quotes. Late quotes shall be handled in accordance with (IAW) FAR 52.212-1(f) --Late submissions, modifications, revisions, and withdrawals of quotes.

c. Period for acceptance of quotes. The quoter shall hold the prices in its quote firm for 90 calendar days from due date specified in the solicitation.

d. Exceptions that a quoter proposes to this solicitation will deem the quote unacceptable.

e. Quoters shall submit all questions in relation to this solicitation no later than 12:00 Noon Local

Afghanistan Time, 12 March 2018. Interested parties shall submit questions in writing via email. Answers to questions received will publically posted via a Solicitation Amendment. Questions submitted after this time may not be considered. Quoters shall submit its quote in U.S. Dollars. There will not be a site visit for this acquisition.

f. The Government intends to award a contract without discussions. Therefore, the quoter's initial quote should contain the quoter's best terms from a price, technical and past performance standpoint. The

Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

g. IAW the Presidential Decree Number 66, dated 29 August 2015, titled Concerning the authorization of security contracts with Private Security Companies states, "The armed Private Security Companies and their personnel cannot be from Afghanistan neighboring countries."

3. Quoters shall meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and sub-factors.

Failure to meet a requirement may result in a quote being ineligible for award.

4. Quoters shall submit the following items.

a. General Eligibility:

1) All sides of current AISA (or equivalent) License in Dari and English

2) all sides of current PSC License in Dari and English

3) Evidence of compliance with DFARS 252.225-7039

4) Offeror Representation and Certifications

5) List of ALL subcontractors or negative response and all sides of current AISA (or equivalent) license and PSC license for all subcontractors.

6) Signed SF1449 and SF 30(s)

b. Factor 1: Technical Capability (20 Page limit). The quoter shall submit the following:

1) Subfactor 1. Staffing and Management Approach. The offeror shall describe how it will meet the requirement to provide the following personnel with the required qualifications IAW PWS section 4.1, and in addition a plan for how it will acquire and maintain the workforce IAW PWS para 5.2.2.3.

2) Subfactor 2. Vetting Plan. The offeror shall submit a plan that describes its vetting procedures for its guard workforce IAW with the PWS paragraph 5.5.1.

3) Subfactor 3. Mobilization/Demobilization Approach. 1) The offeror shall submit an approach that describes its mobilization and demobilization approach IAW the PWS paragraph 5.2.

c. Factor 2: Past Performance. Past Performance shall be evaluated in accordance with FAR 13.106-

2(b)(3)(ii). No formal data or information is requied to be submitted by the quoter.

d. Factor 3: Price. The offeror shall complete the unit and extended prices in the Pricing Workbook

(Attachment 1 – Pricing Workbook). The quoter shall complete Contract Line Item Numbers (CLINs) on the SF 1449. The quoter shall ensure that the “Unit Price” and “Amount” inserted onto the SF 1449 are consistent with the prices in its Attachment 1. The quoter shall ensure that prices are included for all

CLINS. If the quoter does not separately price the Contract Manpower Reporting CLIN 0008, the quoter shall insert “NSP” in Attachment 1 and the SF 1449 for these corresponding CLINs.

Failure to comply with all pricing factors IAW with specifications in this solicitation will render the quoter non-responsive, and ineligible for award.

5. The Government will not accept any changes to the quoter's quote after the closing date of the solicitation.

6. To assure timely and equitable evaluation of quotes, quoters shall follow the instructions contained herein.

Quotes and supporting documents shall be complete, self-sufficient, and respond directly to the requirements of this solicitation. The quote shall not simply rephrase or restate the Government's requirement.

7. Assumptions. Quoters are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors. Failure to meet a requirement may result in a quote being ineligible for award. If the quoter makes any assumptions regarding the requirements specified in this solicitation, the quoter shall clearly identify the applicable item and assumption with a complete explanation as to why the assumption was taken, what benefit accrues to the Government (if any), and its impact (if any) on the performance, schedule, cost, and specific requirements of the solicitation. Each assumption shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Quoters are cautioned that taking an exemption may render the quote ineligible for award. This information shall be provided in the format below.

Table 1 - Solicitation Exceptions

Solicitation

Document

Page/

Paragraph

Requirement/

Portion

Rationale &

Impact

Addendum to FAR

Clause 52.212-1, PWS, Section etc.

Applicable

Page and

Paragraph

Numbers

Identify the requirement or portion to which exception is taken

Describe

The rationale and impact of the exception

PERFORMANCE WORK STATEMENT

ARMED SECURITY GUARD

SERVICES FOR

ENTRY CONTROL POINT (ECP) AND AMMUNITION SUPPLY POINT

(ASP) BAGRAM AIRFIELD (BAF), AFGHANISTAN

1.0. GENERAL. Non-personal services to provide uninterrupted, 24 hours per day, 7 days per week security service at Bagram Airfield (BAF). The contract security forces, under the direction, guidance, and responsibility of the Contractor’s security force, management team, are responsible for and are required to perform the security functions described in this document. The Contractor shall comply with all applicable laws, rules and US and

GIRoA regulations, including but not limited to those included in Section 6 of the PWS. Except as provided in paragraph 1.5.2 & 1.5.4 of this PWS, the Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. PERIOD OF PERFORMANCE. The contract Period of Performance (PoP) consists of a 60-day mobilization period, and a 30-day demobilization period to be completed within 30 days. The contract period of performance consists of a base period of twelve (12) months.

1.2. SCOPE OF WORK. The Contractor shall provide non-personal services, to include materials, equipment, and supplies necessary to perform security services. The Contractor shall provide internal security utilizing the qualified indigenous personnel from the area surrounding the performance location. The PWS requires 329 personnel as identified in Table 1 - TOTAL MANNING REQUIREMENTS below:

Table 1 – TOTAL MANNING REQUIREMENTS

Reference

Paragraph

Duty Position Nationality, Gender

Clearance Total

4.1.1 ARMED

SECURITY

GUARD

LN,

Male or Female

None 42

4.1.2 UNARMED

SECURITY

GUARD

SCREENERS

OCN, Female None 6

4.1.3 UNARMED

SECURITY

GUARDS

LN, Male or

Female

None 231

4.1.4 INTERPRETER LN, Male or

Female

None 12

4.1.5 TEAM

SUPERVISOR

(UNARMED)

LN, Male or

Female

None 9

4.1.6 SHIFT

SUPERVISOR

(ARMED)

US/FVEY/OCN,

Male or Female

None 9

4.1.7 ARMED

SECURITY

GUARD

US/FVEY, Male or Female

U.S. SECRET

or SECRET

REL / NATO

4.1.8 SHIFT

SUPERVISOR

(ARMED)

US/FVEY, Male or Female

U.S. SECRET

or SECRET

REL / NATO

4.1.9 OPERATIONS

OFFICER

(ARMED)

US/FVEY, Male or Female

U.S. SECRET

or SECRET

REL / NATO

4.1.10 SITE

MANAGER

(ARMED)

US/FVEY, Male or Female

U.S. SECRET

or SECRET

REL / NATO

4.1.11 DEPUTY SITE

MANAGER

(ARMED)

US/FVEY, Male or Female

U.S. SECRET

or SECRET

REL / NATO

Upon award, the Government will provide further detail for exact manning and locations required.

1.2.1. Through the combined efforts and effects of established procedures, security guards, and the use of security- related equipment, the primary objectives of this Guard Force are to:

1.2.1.1. As directed, trained and prepared to conduct static security, ECP operations, and First Aid; Detect, Deter, Assess, Deny, Delay, and Defend against threats related to unauthorized personnel, contraband, and instruments of damage, destruction, and information collection from entering the installation through the

Entry Control Points (ECPs) and extricate personnel from dangerous situations;

1.2.1.2. Conduct surveillance and counter-surveillance of the installation perimeter and vicinity from designated Perimeter Defensive Positions (PDPs) in order to prevent unauthorized personnel from gathering information or illegally entering the installation; and

1.2.1.3. At the Ammunition Supply Point (ASP) Conduct roving patrol continually throughout the shift by at least two personnel inside the perimeter of the installation in accordance with the installation’s base defense plan. In addition to the installation perimeter, roving patrols shall check the ASP and periodically as dictated by any threat and by the vulnerability of the facility. The ASP is equipped with an operational Intrusion

Detection System (IDS); however, the intervals between checks will be hourly for Category I and once every two (2) hours for Category II facilities.

1.2.1.4. Follow the rules on the use of force to prevent any threat from unauthorized individuals illegally attempting to enter the installation with the intent to harm personnel or damage facilities and equipment.

1.3. BACKGROUND. Bagram Airfield, also known as Bagram Air Base, is the largest U.S. military base in

Afghanistan and currently maintained by the Combined Joint Task Force (CJTF). It is located next to the ancient city of Bagram, 11 kilometers (6.8 mi) southeast of Charikar in the Parwan Province of Afghanistan.

1.4. RESTRICTIONS TO PERFORMANCE

1.4.1. INCURRING COST. The Contractor shall not begin mobilization until the Award/Effective Date specified in Block 3 of the SF 1449 on contract award. Any cost incurred associated with mobilization prior to the contract award effective date will be at the expense of the Contractor and will NOT be reimbursed by the Government.

Performance of guard services shall not commence until approval of the arming authorizations from Armed

Contractor Oversight Directorate (ACOD) is received from the COR.

1.4.2. INHERENTLY GOVERNMENTAL ACTIVITIES. Contractors are not allowed to engage in inherently governmental activities. An inherently governmental activity is an activity that is so intimately related to the

U.S. public interest as to mandate performance by Government personnel. These activities require the exercise of substantial discretion in applying Government authority and /or making decisions for the Government.

Inherently governmental activities in a combat environment include those activities that require discretionary judgment that commit the U.S. Government to a course of action, such as deciding who or what to attack or search. Any activity that requires more than a response in self-defense to a hostile attack is inherently governmental. Some authorized activities may become inherently governmental when there is a high likelihood of hostile attack.

1.4.3. CONFLICT OF INTEREST. The Contractor shall not employ any employee of the United States

Government or the Department of Defense, either military or civilian, unless such person and the Contractor receive prior approval in writing from the Contracting Officer (KO).

1.4.4. LIMITS OF AUTHORITY. Only the KOis authorized to make changes to the terms and conditions of the contract.

1.5. CONTRACTOR PERSONNEL.

1.5.1. The selection, hiring, assignment of duties, reassignment of duties, transfer, supervision, management, control, and termination of Contractor employees in performance of this PWS shall be the responsibility and prerogative of the Contractor.

1.5.2. PERSONNEL STRENGTH MANAGEMENT. The Government reserves the right to reallocate the positions and locations of Contractor personnel within BAF, contingent on force-protection threat level and mission requirements. The Contracting Officer Representative (COR) shall notify Contractor of reallocation of personnel in writing and submit to the Contractor for acceptance. The Contractor shall acknowledge acceptance in writing and a copy submitted to the KO for the official contract file.

1.5.3. STANDARDS OF CONDUCT. The Contractor is responsible for maintaining order and discipline among its employees. Contractors shall perform all duties in a professional, courteous and safe manner. Contractors shall maintain their area of operation free from refuse and human waste. Contractors shall adhere to the compound policies and rules as well as the terms and conditions herein.

1.5.4. RELIEF AND REMOVAL OF CONTRACTORS. The Installation Commander has the authority to relieve and/or permanently remove Contractors for any acts that put at risk the life, safety or health of installation tenants. Contractors permanently “barred from post” will no longer be permitted entry into the installation to include the installation perimeter. All issues of Contractor dismissal or removal shall be reported to the KO within 48 hours of occurrence. The Contractor has 96 hours to redeploy personnel relieved of duty, terminated or “barred from post” to their home of record.

1.5.5. REPLACEMENT OF RELIEVED PERSONNEL. The Contactor shall replace relieved Contractor personnel within thirty (30) days of formal notification that Contractor personnel are “barred from post”. The

Contractor shall manage the schedule to without violating the seventy-two (72) hour workweek of already in-place employees.

1.5.6. ABSENTEE COVERAGE. Security Guards shall be available for duty during their prescribed shift.

Any guard not present for duty shall have a replacement within one (1) hour of start of the prescribed shift schedule.

1.5.7. PROFESSIONAL APPEARANCE. All Security Guards shall maintain their personal uniforms, haircuts, and weapons in accordance with standards established by the Contractor, which are in compliance with U.S. and

GiROA standards, and as accepted by the KO.

1.6. SECURITY REQUIREMENTS

1.6.1. COMBAT OR COMBAT-LIKE ACTIVITIES. The Armed Security Guard is a non-combatant and cannot take part in combat or combat-like activities to include law enforcement activities. Combat or combat-like activities and law enforcement activities include, but are not limited to, quick reaction force, reconnaissance patrolling, cordon and search operations, acting as an observer or spotter for indirect fire operations and route clearance operations.

1.6.2. ARMED SECURITY GUARD ACTIVITIES. The Contractor understands Security Guards may participate in certain non-combat activities such as guard duties at U.S. Government facilities – including gates, walls, observation outposts and the requirements as stated herein.

1.6.3. USE OF DEADLY FORCE. Armed Contractors shall comply with the Law of Armed Conflict (LOAC) and shall know the difference between LOAC and the Rules For Use of Force (RUF) and use of deadly force pursuant to the Rules for the Use of Force and Law of Armed Conflict Training (Attachment AD0003) and other terms and conditions of the contract. Site managers shall ensure all personnel are briefed, trained and that training is documented regarding LOAC/RUF.

1.6.4. INFORMATION DISCLOSURE. The Contractor shall NOT disclose or cause to disseminate any information concerning operations or military activities. Any such disclosure is a threat to the security of the

United States and will result in criminal prosecution under applicable federal law.

1.6.4.1. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the COR and the Contracting Officer.

1.6.4.2. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel are COR, ACO, PCO and Trusted Agent and shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period. Only the Contracting Officer can direct the contractor via an official modification for any work outside the scope of the

PWS.

1.6.4.3. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports shall be maintained by the Contractor, but remain the property of the U.S.

Government. These files/results shall be surrendered to the COR at the end of the contract period and before demobilization.

1.7. COMPLIANCE WITH RULES, REGULATIONS, POLICIES AND STANDARDS.

1.7.1. CIVIL AND CRIMINAL LIABILITY. There is a potential for civil and criminal liability under U.S.

and Afghan laws for violations of the rules on the use of force and/or the improper or illegal use of weapons.

CELL PHONES/PERSONAL COMPUTERS. No Contractor personnel except USEXPATS, is permitted to have privately owned cell phones or computers on BAF and personnel determined to be in violation of this paragraph shall be immediately removed from BAF. All Contractors shall comply with the current security policies and directives. This includes compliance with policies related to cell phones, personal computers, badging and entry procedures, traffic rules, communications, fire prevention, power/water usage and energy conservation measures such as turning off lights.. The Contractor shall brief all employees on compound rules and have each employee acknowledge receipt of the briefing. The Contractor, with written approval by the Contracting Officer via the COR, may issue a limited number of Contractor owned cell phones to its management. No blanket approval shall be acceptable; each written approval shall contain the name of the management personnel permitted to have a cell phone. Moreover, Contractor and its management personnel with cell phones shall provide the COR with phone number. Nothing contained herein shall be interpreted to permit privately-owned cell phones or computers.

1.7.1.1. The Government provides a morale facility with computers that provide internet access and phones to use accessible to OCN personnel at all times on BAF.

1.7.1.2. OCN personnel are NOT authorized to use cellular services.

1.7.2. CATEGORIES OF COMPOUND (BASE) RULE VIOLATIONS. Offenses shall fall into two broad categories based on severity of the offense:

Level I:

• Attempt to bring cell phone onto compound.

• Use of cell phone or other electronic device on compound,

• Bring or attempt to bring Privately Owned Vehicle (POV) on compound.

• Loitering at the duty station after scheduled hours.

• In possession of their assigned weapon outside of their designated duty area.

• Failure to perform duties as described in this performance work statement.

• Attempting to sell items on compound.

• Inappropriate use of any MWR facilities, DFAC, PX, gym, etc.

• Failure to follow instructions from Force Protection service member.

• Failure to complete assigned work.

Level II:

• Entering or attempting to enter compound with contraband (alcohol, narcotics or any item, which threatens the force protection or law and order of the compound).

• Providing contraband to any tenants, on or off the compound.

• Theft.

• Fraud or overcharging for services or products.

• Unauthorized use of computer.

• Physical altercation of any kind.

• Entering unauthorized areas.

• Entering or attempting to enter BAF while under the influence of any controlled substance.

• Discovery of any deceit in application process or questionable past activity.

• Harassment of a sexual nature- included unwanted advancements, gestures or gifts.

• Any subsequent Level I violations.

The offenses may result in the revocation of offending individual’s access to the installation or installation facilities.

1.7.3. PROSECUTION OF CRIMINAL ACTS: Under the "Military Extraterritorial Jurisdiction Act" (MEJA)

(18 USC 3261-3267), persons employed by or accompanying the U.S. Armed Forces outside the United States are potentially subject to prosecution for certain criminal acts, including such acts occurring outside the United

States. The MEJA applies only to those crimes punishable by imprisonment for more than one year if committed within United States jurisdiction. (KO) In the USCENTCOM Theater of operations, MEJA may be used to prosecute individuals who are employed by or accompany the U.S. Armed Forces, including all Sub- Contractors at any tier, with the exception of persons ordinarily residing in Afghanistan or Afghan Nationals. The law also applies to individuals accompanying a Contractor for the U.S. armed forces, which may include a dependent of a

DoD Contractor or Sub-Contractor employee. This law authorizes DoD law enforcement personnel to arrest suspected offenders in accordance with applicable international agreements and specifies procedures for the removal of accused individuals to the US. It also authorizes pretrial detention and the appointment of counsel for accused individuals. See Army Field Manual 3-100.21, Contractors on the Battlefield

(http://www.osc.army.mil/gc/files/fm3_100x21.pdf ) and DoD Instruction 5525.11, Criminal Jurisdiction Over

Civilians Employed By or Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members (http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf ).

1.7.4. HOST NATION LAWS AND REGULATIONS. All Contractors shall comply with applicable Host

Nation laws and regulations and secure all applicable permits and/or licenses before being authorized to carry weapons while performing Armed Security Guard duties in accordance with United States Forces –

Afghanistan (USFOR-A) Fragmentary Order (FRAGO) 16-143 (Attachment AD000).

1.7.4.1. Armed Contractors shall respect Afghan laws and regulations.

1.7.4.2. Armed Contractors, with the assistance of the Contracting Officer and COR, shall coordinate movement with the Installation Commander.

1.7.4.3. Armed Contractors shall develop a Communication Plan in conjunction with the integrated base defense plan signal operating instructions (SOI) to be reviewed by the COR, approved by the KO, and coordinated with the Installation Commander in order to synchronize tactical information flow and emergency services.

1.7.4.4. Local Nationals shall not consume alcoholic beverages or any intoxicating or judgment impairing medication (prescription or otherwise) or other substance while armed or within eight (8) hours before any scheduled arming. OCNs and USEXPATS are subject to General Order 1 and may not consume alcohol or illegal substances at all, or judgement impairing prescription medication within eight (8) hours before any scheduled arming. The Contractor shall test for prohibited substances as required to ensure the standard in this paragraph is upheld or as directed by the Government; drug testing directed by the Government shall not exceed 10% of workforce quarterly.

1.7.4.5. Armed Contractors shall cooperate with Coalition and Government of the Islamic Republic of

Afghanistan (GIRoA) Police/Security Forces. Armed Contractors shall not avoid or run through U.S., Coalition, or GIRoA Police/Security Force checkpoints.

1.7.4.6. Armed Contractors shall not aim their weapons at U.S., Coalition or GIRoA Police/Security Forces except in accordance with the rules for the use of force.

1.7.4.7. Armed Contractors shall maintain uniform standards, in accordance with GIRoA standards as approved by the KO through the COR that clearly distinguish their personnel from Military or Police Forces.

1.8. SERIOUS INCIDENT REPORTS (SIR). The Contractor shall report all serious incidents in accordance with Attachment 7 to USFOR-A FRAGO 16-143 (AD0001), that they observe, suspect, or in which they were participants. The Contractor shall complete a SIR in accordance with Attachment AD0004 and submit to the

COR and KO.

http://www.osc.army.mil/gc/files/fm3_100x21.pdf http://www.osc.army.mil/gc/files/fm3_100x21.pdf http://www.osc.army.mil/gc/files/fm3_100x21.pdf http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf

1.8.1. SEXUAL ASSAULT AND ALLEGED SEXUAL HARASSMENT

The Contractor shall immediately report ALL incidents of sexual assault to the local Provost Marshall, Contracting

Officer Representative (COR), Administrative Contracting Officer, Procuring Contracting Officer and local TAAC

Commander/Task Force Commander. The contractor shall immediately notify the local Provost Marshall (at

Bagram Air Base dial DSN: 318-481-4021). After the initial phone call to the Provost Marshal the Contractor shall follow-up within 4 hours with a written report (E-Mail) to the Provost Marshall and as the contractor learns of additional information, the initial report will be followed-up with subsequent reports providing as much detail as possible pertaining to the "who, what, why, when and where".

1.8.2. SERIOUS HEALTH CONDITION, INJURY OR DEATH

The Contractor shall immediately report ALL incidents to the local Provost Marshall, Contracting Officer

Representative (COR), Administrative Contracting Officer, Procuring Contracting Officer and local TAAC

Commander/Task Force Commander and follow-up with a written SIR every 2 hours or until the employee stabilizes. That definition includes such conditions as, but not limited to, mental impairment, heart attacks, strokes, severe injuries, loss of limb or eyesight, loss of consciousness, hospitalization, etc. The term serious health condition is not intended to cover short-term conditions for which treatment and recovery are very brief. The common cold, influenza, earaches, upset stomach, headaches (other than migraines), routine dental or orthodontia problems, etc., are not serious health conditions unless complications arise. For example, for most individuals who contracted H1N1, this influenza did not rise to the level of a serious health condition.

1.8.3 WEAPONS DISCHARGE

The Contractor shall immediately report all incidents of a weapons discharge. The contractor's report shall address the "who, what, why, when and where" pertaining to the discharge. An initial phone call to the Provost Marshal is required immediately upon learning of the discharge (accidental or otherwise) to be followed-up within 2 hours by a written report with additional details via (E-Mail) to the Provost Marshall.

1.8.4 LOSS OF SENSITIVE ITEMS

The Contractor shall immediately report the loss of any sensitive items, e.g. medically sensitive items, COMSEC equipment, weapons, radios, Night Vision Goggles, and/or any other sensitive items to the local Provost Marshall, Contracting Officer Representative (COR), Administrative Contracting Officer, Procuring Contracting Officer, local TAAC Commander/Task Force Commander and Property Administrator. The contractor shall follow-up with a written Report within 2-hours. The report shall address the "who, what, why, when and where".

1.8.5 Armed Contractors shall conduct an internal investigation of each incident and shall submit a final SIR to the

COR and KO within ninety-six (96) hours of the incident.

1.8.6 If the incident involves civilian, U.S., Coalition, Resolute Support (RS), or GIRoA Force casualties, the Contractor shall provide interim SIRs as new information becomes available until the final SIR is submitted.

1.8.7 If the Contractor investigation is complete at the time of the initial report, then Contractor shall mark the report as “Final” and no further reports are required.

1.8.8 If the armed Contractor obtains additional relevant information for the report requirement after a final report is filed, the Contractor shall submit to COR and KO an additional SIR, again mark the report as “Final,” and include a note in the body of the report explaining the circumstances for submitting multiple final reports.

1.8.9 Armed Contractors shall comply with all requirements set forth in USFOR-A FRAGO 16-143 (Attachment

AD0001).

1.8.10 AFTER ACTION REPORT (AAR): The Contractor is required to notify the KO/COR the status and health condition of the guards after any natural disaster and any conflict at the installation, even if the guards were not engaged with one (1) hour via email.

1.9. WEAPONS. Armed Contractor authorization to possess weapons and ammunition may be suspended or revoked for noncompliance with US or GIRoA laws and/or DOD mandates, including during the period of investigation following an incident or allegation IAW Attachment 6 to USFOR-A FRAGO 16-

143.

1.10. BIOMETRIC ENROLLMENT/SCREENING AND BADGING. Voluntary Collection of Biometric data as a condition of employment is essential to the positive identification of individuals in Afghanistan. IAW USFOR-

A FRAGO 16-413, upon arrival and as part in processing, all Other Country Nationals (OCNs), and Local

Nationals (LNs) shall be biometrically enrolled in a U.S. Biometric Automated Toolset (BATS) system prior to submission of arming authorization request and prior to performance of armed security duties. The Contractor shall submit a request for Biometric enrollment to the COR with a technically accurate and complete Armed

Contractor Oversight Directorate (ACOD) Arming Roster (AR) (documents located at https://www.jccs.gov/CAAMS/) to identify the employees requiring enrollment/screening. The Contractor shall provide all employees with a Company unique identification badge that shall not resemble the local installation badging scheme or color. The Contractor shall submit an acceptable unique badging scheme to the COR & KO within ten (10) days of contract award. All Contractors shall be enrolled/screened and receive a Government installation badge prior to performance.

1.11. MEDICAL SCREENING. All Contractors shall be medically screened IAW Clause 5152.225-5907, MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES

OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR). All Armed Security Guards shall be medically screened for Tuberculosis (TB). The Contractor shall not employ any Armed Security Guard that tests positive for TB. Armed Security Guards who are ill shall not be permitted access to the installation until they are healthy again. Screening records shall be made available to the Contracting Officer and the COR within twenty

(20) days of employee being hired and prior to biometric enrollment request or as requested by the Government so the local U.S. Forces medical officer can determine eligibility of employment.

1.12 SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT). The SPOT system provides for awareness, visibility and accountability of Contractor personnel performing private security functions, to include authorizing and accounting for weapons to be carried by personnel performing private security functions in an area of operations and contracted capabilities.

1.12.1 SPOT ENROLLMENT. In accordance with clause 252.225-7995, Contractor Personnel Performing in the

United States Central Command Area of Responsibility (Deviation 2017-O004), the Contractor shall enroll/register all employees, weapons, and any vehicles in the Synchronized Pre-deployment Operational

Tracker (SPOT) system within seven (7) days of employment. The Contractor shall maintain the SPOT database

(i.e. enroll, deploy, redeploy and revoke Letters of Authorization (LOAs)/vehicles within 7 days of any changes) pursuant to the DoD Business Rules for SPOT (Attachment AD0002). The Contractor shall immediately recapture hard copy LOAs from all terminated and/or resigned employees.

1.12.2 SPOT ENROLLMENT COUNT. The Contactor is responsible for management of the personnel count as required in the contract. The Contractors is accountable and responsible for the number of LOA approval request within the limits of the contract requirements. The Contractor shall provide a well-conceived rationale in writing to the KO detailing the constraints and necessity for over and above the total authorized personnel required to support this requirement to maintain acceptable performance.

1.13. COMMON ACCESS CARD (CAC) REQUIREMENT: Background vetting is required for all CAC applicants. A CAC-Eligible applicant shall NOT be issued a CAC without first satisfying the background vetting requirements, in accordance with (IAW) DoDI 1000.13, Volume 1. A CAC-Eligible Contractor may be issued a

CAC after an FBI fingerprint check returns favorable results if the NACI, NACLC or equivalent investigation has been initiated. Individuals not CAC eligible may be processed for Local Access Badge IAW USFOR-A installation security policies and procedures. CAC application will not be processed until the individual has completed the vetting process and enrollment in the Defense Enrollment Eligibility Reporting System (DEERS) and the Real-Time Automated Personnel Identification System (RAPIDS) is required for all CAC applicants.

http://www.jccs.gov/CAAMS/)

1.13.1. A CAC contains personally identifiable information (PII) and shall be treated and controlled in accordance with DoDD 5400.11 (Reference (r)), DoD 5400.11-R (Reference (s)) and Volume 1 of DoD Manual 5200.01

(Reference (t)). The CAC is Government furnish property; the CAC holder shall surrender the CAC to any

RAPIDS issuance location, the CONUS Replacement Center (CRC) at Fort Bliss or the Trusted Agent for proper disposal with 10-days calendar days, when there is a resignation, termination, contract termination or expiration, or CAC revocation.

1.13.2. CAC application request will be approved for up to sixty (60) days to allow personnel attending and complete the necessary training for deployment at the CRC. The Contractor shall submit the list of personnel to the Trusted Agent, KO and COR only when an employee(s) is scheduled to have their CAC extended to the contract performance period. Employee shall be fully employed performing work under this contract to maintain a CAC. The Contractor shall notify the TA upon when CAC holders resigns or terminated (to include contract termination or expiration) for CAC revocation in accordance with DoDI 1000.13, Volume 1 and the

TASS (CVS) TASM/TA and Applicant User Guides (Reference (z))

1.14. IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.15. EQUIPMENT. The Contractor shall provide all weapons (minimum of one (1) fully functional weapon per armed person on duty), ammunition, protective body armor, helmets, uniforms, passive IR night vision devices and other operational equipment to perform security services at the Area of Responsibility (AOR) identified at paragraph 5.0. The Contractor shall proactively maintain and replace all required equipment. Knowing use of non-functioning or unserviceable equipment presents a security risk to all personnel present within the secured area and shall not be permitted. Each Contractor personnel shall be individually assigned a weapon system, with the exception of LNs. Armed Guard positions manned by Local National personnel will have weapons assigned to the guard position, and will be maintained at the guard position across all shifts, with the handover of the weapon system during each shift change observed and supervised by at least one OCN or FVEY EXPAT personnel Contractor personnel shall wear eye-protection at all times. The COR has the authority to identify equipment as unserviceable, IAW Para 5.2.6.4.

1.16. CONTROLLED ITEM ACCOUNTABILITY. The Contractor shall provide the necessary resources, processes, and procedures to maintain positive control of all items that grant access or pose serious risk to Government resources. Resources will be provided to secure items that include the following:

• Badges

• Uniforms - The Contractor shall issue all work force personnel a minimum of two complete sets of uniforms every twelve (12) months (to include boots), weapons, body armor, ballistic helmets, ammunition, and other individual equipment as required. Uniforms shall have a standardized color scheme and shall be easily distinguishable and not possess any similarities to current U.S., Coalition or GIRoA military members’ uniforms. Contractor’s uniform must be recognizable on sight and properly worn and must be marked with a clear visible sign/logo of the employing company.

• SPOT Letters of Authorization (LOAs)

• Arming Authorization Memorandums

• Night Vision Goggles (NVGs)-Night Shift Only (two (2) per shift at the ASP)

• Weapons

• Ammunition

1.17. BRIEFINGS/MEETINGS/REPORTS. The Contractor shall attend both regularly scheduled and specially called briefings and meetings as directed by the KO.

1.17.1. POST AWARD MEETING. The Government shall conduct a post award meeting within ten (10) business days after award; the meeting will be conducted at BAF, via teleconference or video-teleconference.

This meeting is not a substitute for the Contractor full understanding of the work requirements at the time of proposal submission, nor is it to be used to alter the final agreement arrived at in any negotiations leading to contract award. The Contractor shall provide minutes documenting post award meeting to the KO and COR within five (5) calendar days after the meeting.

1.17.2. PERIODIC PROGRESS MEETINGS. The KO, and COR as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the COR will apprise the

Contractor of the Government observations of their performance and the Contractor shall apprise the

Government of problems/concerns, if any, they are experiencing. Appropriate action will be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.17.3. REPORTS. The Contractor shall deliver monthly reports to the COR and KO no later than (NLT) the

25th of each month. The reporting period shall cover the 26th of the previous month to the 25th of the current month. All reports shall be saved and provided using the following naming convention with dashes- (if applicable): yyyymm-Contract Number-TO number-Report Acronym-Location (Example - 201606-W91B4N-16-

C-1234-0004- AAR-BAF). The following reports shall be delivered as specified in the deliverables table in

Section 5.10.

ACOD Arming Roster (AAR; Monthly into CAAMS)

Monthly Census Report (MCR; Monthly) o IAW Acquisition Instruction (AI) Clause 5152.225-5904 Monthly Contractor Census Reporting

Monthly Payment Invoice (MPI, Monthly)

Combat Trafficking in Persons (CTIP) o IAW FAR 52.222-50(b)

Serious Incident Report (SIR; upon occurrence) o IAW USFOR-A FRAGO 16-143

Kidnapping, Serious Injury or Death Report (KSID, upon occurrence) o IAW AI Clause 5152.225-5915 Reporting Kidnappings Serious Injuries and Deaths

Annual Manpower Reporting o 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.