W91B4N-18-R-8018_Amendment_0004.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)

Update Addendum to FAR 52.212-1 and Addendum to FAR 52.212-2 (changes highlighted)

Update Attachment 0001 - Pricing Workbook

Provide 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 50

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

16C. DATE SIGNED

BY 01-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-R-8018

X 9B. DATED (SEE ITEM 11)

07-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

01-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-R-8018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The pricing detail quantity 1.00 has been added.

CLIN 0004

The CLIN description has changed from Mobilization/Demobilization to Mobilization.

The unit of issue has changed from Lot to Job.

CLIN 0005 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job Demobilization

FFP

IAW PWS Paragraph 8.0

FOB: Destination

PSC CD: S206

NET AMT

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 06-MAR-2018 TO

05-MAR-2019

N/A TAAC-AIR

TAAC-AIR

FOB OQAB & HKIA AAF AE

TAAC-AIR

FB5814

To:

POP 15-APR-2018 TO

14-APR-2019

N/A TAAC-AIR

TAAC-AIR

FOB OQAB & HKIA AAF AE

TAAC-AIR

The following Delivery Schedule item for CLIN 0004 has been changed from:

POP 06-MAR-2018 TO

05-MAY-2018

N/A TAAC-AIR

TAAC-AIR

FOB OQAB & HKIA AAF AE

TAAC-AIR

To:

N/A TAAC-AIR

TAAC-AIR

FOB OQAB & HKIA AAF AE

TAAC-AIR

The following Delivery Schedule for CLIN 0005 has been added:

N/A TAAC-AIR

TAAC-AIR

FOB OQAB & HKIA AAF AE

TAAC-AIR

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0005:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

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 20-FEB-2018 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Pricing Workbook 2 01-APR-2018

The following have been added by full text:

PERFORMANCE WORK STATEMENT

Private Security Services

Armed Security Guards, Tower Security, Entry Control Point

FOB Oqab and AAF Installation on HKIA, Mazar-e-Sharif, and Kandahar Air Field, Afghanistan

25 March 2018

1.0 GENERAL

1.1 Introduction

The US Government has a requirement to provide various armed security services to military and civilian personnel by provision of Static Guard Forces for Afghanistan Theater of Operations (A-TO) as defined in this Performance

Work Statement (PWS). This contract provides security services in support of numerous agencies, under the

Department of Defense (DoD). The Contractor shall support DoD by aiding in the coordination, planning and execution of armed security operations throughout the A-TO. It is expressly agreed and understood that this is a non-personal services contract, as defined at Federal Acquisition Regulation (FAR) 37.101, under which the services rendered by the Contractor are rendered in its capacity as an independent Contractor.

1.2 Objectives

The contract will provide armed security guards for entry control points (ECP), towers and facility security, with an emphasis on flight line security services, twenty four (24) hours per day, seven (7) days per week, at the following locations: Forward Operating Base (FOB) Oqab, the Afghan Air Force (AAF) Installation on Hamid Karzai

International Airport/Afghanistan Air Force (HKIA AAF) Base, and the AAF Bases on Kandahar Air Field (KAF), and Mazar-e-Sharif (MeS). The Contractor shall perform security services solely within the sovereign borders of

Afghanistan. The Contractor is responsible for providing management, administrative support and supervision for all contractor personnel.

1.3 Scope

The Contractor shall furnish all labor, supervision, materials, weapons, equipment, consumables, transportation, logistical support, management, command and control (integrated with the unit’s command and control), except as explicitly stated in this PWS, to provide continuous, responsive, uninterrupted, and highly skilled security support within the framework of this PWS. The Contractor shall configure its resources such that there are no gaps in service.

1.3.1 Period of Performance

Base Period: One (1) year period. The periods of performance are provided in the contract schedule. This requirement shall have a sixty (60) day mobilization period. The contractor must be at Full Operational Capacity

(FOC) at the end of the mobilization period.

1.3.2 Performance Locations

Locations for performance include the following TAAC-Air locations: FOB Oqab, HKIA AAF Base, and the AAF

Bases on KAF, and MeS.

1.3.3 Personnel Performance Requirements

The Contractor shall provide a workforce possessing the skills, knowledge, training, equipment and certifications required to satisfactorily perform the services required for this contract. Documentation establishing and/or showing evidence that employee(s) possess the certifications, qualifications, and background checks required by contract must be presented to the COR prior to beginning duties. Contractor personnel shall not have a felony conviction.

Personnel shall not have been declared incompetent by reason of mental defect by any court of competent jurisdiction. Personnel shall not be suffering from habitual drunkenness or from narcotics addiction or dependence as evidenced by a recognized drug/alcohol testing procedure or have been convicted for possession of unauthorized substances or paraphernalia. All Contractor and subcontractor personnel under this contract must abide by General

Order Number 1 (and all amendments) and other policies which apply to Contractor personnel.

1.3.3.1 The Contractor shall recruit employees which are defined in para 1.3.3.2 as “Resolute Support Mission –

Afghanistan (RSMA) Contributing Counties” (RSMA), except for the Private Security Contract (PSC) leadership, to include the Site Lead and Shift Supervisors, who shall be US EXPATs (as defined in para 1.3.3.3). RSMA Guards will be recruited from one of the following RSMA contributing nations: United States, Italy, Germany, Georgia, Turkey, Romania, United Kingdom, Czech Republic, Poland, Armenia, Mongolia, Netherlands, Denmark, Croatia, Azerbaijan, Bulgaria, Hungary, Albania, Belgium, Bosnia-Herzegovina, Norway, Macedonia, Slovakia, Finland, Sweden, Latvia, Lithuania, Spain, Montenegro, Austria, New Zealand, Portugal, Ukraine, Slovenia, Estonia, Greece, Iceland, Luxembourg.

1.3.3.2 RSMA Guard

RSMA guards: The Contractor shall perform guard services to include, vehicle and personnel entry control points

(ECPs), perimeter towers, and foot patrols, flight line security and facility security. All guards shall possess the following qualifications:

• Minimum twenty-one (21) years of age.

• Shall be fluent in conversational English at a level necessary to give and receive situational reports. Shall have the proficient ability to read and write English.

• Shall be a citizen of a RSMA contributing country (see RSMA country list above in para 1.3.3.1).

• Normal work hour shifts are eight (8) hours, six (6) days a week, plus time for shift brief, post and relief, and any required training recertification. Contractor may work up to seventy-two (72) hours per week, as directed by the KO or Administrative Contracting Officer (ACO).

• Must possess a Military or Law Enforcement background. Must have received an honorable discharge (or equivalent) as verified by a comparable national service document for discharge from non-U.S./non-Five Eyes

(FVEY) country militaries.

• Must be able to qualify on primary weapon system as described in Para 2.3.9. Contractor personnel shall have the ability to qualify on any Non-Lethal Weapons (NLW) that is recommended by the coalition forces, through proper training.

• Shall be able to perform security guard services, at any internal security posting up to twelve (12) hours per day in austere conditions to include extreme heat, cold, wind, dust, rain, and/or snow, while donning the required personal protective gear.

1.3.3.3 U.S. EXPAT (Leadership Only--- Shift Supervisors and Site Leads)

Contract leadership must be a citizen of the United States, maintain an active U.S. Secret Level Security Clearance and meet, at a minimum, the following requirements:

• Minimum twenty-five (25) years of age.

• Shall be fluent in English speaking, reading, and writing.

• Normal work hour shifts are eight (8) hours, six (6) days a week, plus time for shift brief, post and relief, and any required training recertification. Contractor may work up to seventy-two (72) hours per week, as directed by the KO or ACO.

• Must possess a Military or Law Enforcement background. Must have received an honorable discharge as verified by a U.S. Military Form DD 214. Personnel who have been discharged with characterization of “General under other than honorable’, “Bad Conduct”, or “Dishonorable” are disqualified from this position.

• Must be able to qualify on primary U.S. military weapons (M4/M16 and M9).

• Shall be able to perform security guard services, at any internal security posting up to twelve (12) hours per day in austere conditions to include extreme heat, cold, wind, dust, rain, and/or snow, while donning all the required personal protective gear.

• Shall be a U.S. citizen and possess an active U.S. Secret Security Clearance.

1.3.4 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 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 includes 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. The Contractor is not, under any circumstances, to be involved in or engage in offensive operations or use tactics that provide the appearance of offensive operations, take part in combat or combat-like activities such as a quick reaction force, reconnaissance patrolling, cordon and search operations, acting as an observer or spotter for indirect fire operations, and route clearance operations, perform activities that require discretionary judgment that commit the US Government to a course of action. The contractor is limited to a defense response to hostile acts and demonstrated hostile intent. The contractor is limited to a defense response to hostile acts and demonstrated hostile intent. Any activity that requires more than a response of 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. Inherently governmental duties that these contractor personnel are prohibited from performing include the following:

- Combat or combat-like activities and law enforcement activities. Combat or combat-like and law enforcement activities which includes quick reaction force, reconnaissance patrolling, cordon and search operations, acting as an observer or spotter for indirect fire operations and route clearance operations.

- Offensive operations. This includes, planning, preparing and executing operations that actively seek out, close with, and destroy a hostile force or other military objective by means of, among other things, the employment of firepower and other destructive and disruptive capabilities. This does not preclude a private security contractor from defending another contractor or government entity of their own volition if consistent with U.S., international, and Government of the Islamic Republic of Afghanistan (GIRoA)/GIRoA law; Status of Forces Agreement (SOFA) and other GIRoA support agreements and Federal regulation.

- Operating in hostile environments as part of a larger, totally integrated and cohesive armed force performing operations in direct support of combat.

- An offensive response to hostile acts or demonstrated hostile intentions would be required to operate in, or move resources through, a hostile area of operation. PSCs may not be given the discretionary latitude to authorize or engage in offensive actions against an enemy or hostile force.

- Decisions on the appropriate course of action and the outcome of which could significantly affect U.S.

objectives with regard to the life, liberty, or property of private persons, a military mission, or international relations.

Such actions typically require high-risk, on-the-spot judgments on the appropriate level of force, acceptable level of collateral damage, and whether the target is friend or foe in situations pivotal to U.S. interests.

The actions above are so intimately related to U.S. interests that require government performance and are unsuitable for contractors to perform.

Under no circumstances will the contractor perform private security functions that exceed the United States Central

Command Rules for the Use of Force (RUF), as described in further detail in Section 2.3.13. Although the RUF may authorize private security contractors to use deadly force in defense of hostile acts and a demonstrated hostile intent, they may not authorize private security contractors to use offensive tactics as a means of achieving their mission or contract objective.

1.4 Physical Ability Requirements Common to All Armed Security Personnel

Employees must be able to perform the following physical tasks:

• Drag, carry, lift, and/or pull a person to safety.

• Use physical force to detain a subject or prevent unauthorized entry.

• Prolonged standing and/or sustained patrol on foot or in a vehicle.

• Dodging, crawling, climbing, and/or rapid ascent of stairs

• Perform the above wearing duty equipment and/or personal protective equipment under adverse environmental conditions in upwards of forty-five (45) lbs.

1.4.1 Important Physical Attributes

The above physical requirement are closely related to the following characteristics which should be taken into consideration during the hiring process:

• The ability to be stable with regard to consciousness and the control of voluntary motor functions and have the functional capacity to respond appropriately to routine and emergency situations of the job.

• The ability to maintain mental alertness, deductive, and inductive reasoning, memory, and reliable judgment.

• The ability to identify colors and read placards and street signs or see and respond to imminently hazardous situations in less than standard visual lighting conditions.

• The ability to temporarily perform minimum required duties in the event eyeglasses are broken or displaced by emergency activity.

• The ability to verbally communicate effectively under noisy circumstances with a potential for voice obstruction by PPE.

• The ability to distinguish low intensity voice sounds from background noise in order to respond to imminently hazardous situations.

• The ability to work in closed or confined spaces.

• The ability to judge distances closer than thirteen (13) feet demonstrated, either by testing of depth perception or by a practical field test.

• The ability to direct traffic or perform crowd control.

• The ability to maintain balance under adverse conditions, weight loads, and at above ground heights, and maintain body flexibility

• The ability to properly and effectively wear or use PPE, including that used to prevent exposure to chemical, biological, or radiological agents.

• Acuity of senses and ability of expression sufficient to allow essential, accurate communication by written, spoken, audible, visible, or other signals while using required personal protective or other equipment.

• Adequate motor power, dynamic strength, range of motion, neuromuscular coordination, stamina, gross body coordination, and dexterity.

1.5 Language Requirement

Contractor shall employ only persons able to speak, read, write and understand English. Each employee’s ability to communicate in English will facilitate reporting via the means of communication listed above. The Contractor shall only employ individuals able to report a situation report, or SITREP, in English which accurately expresses the required tactical information.

1.6 Site Lead Qualification/Requirements

• Minimum of twenty-five (25) years of age.

• Prior experience with personnel management as a military officer, warrant officer, senior non-commissioned officer, or senior Law Enforcement official with at least four (4) years of experience leading personnel in the armed forces, police, or private security company in a contingency area. Shall have received an honorable discharge as verified by a form DD-214 (U.S. Military).

• Must remain medically qualified IAW Para 2.3.6.

• Must possess a Military or Civilian Law Enforcement background of not less than five (5) years.

• Must be able to coordinate and schedule preventative maintenance services and repairs for all assigned weapons.

• Must have proficiency of Microsoft Office Suite software to include Outlook, Power Point, Excel, Word, and

Internet Explorer to facilitate reporting requirements.

• Must meet all Shift Supervisor and Guard requirements (para 1.6 and 1.7).

1.6.1 Shift Supervisor Qualification Requirements

• Shall be able to speak English (as defined in Para 1.5).

• Must have demonstrated competence (as verified by previous employer evaluation) performed in a leadership role as armed law enforcement, or prior military for a minimum of three (3) years verified on prior employment transcripts.

• Must remain medically qualified IAW Para 2.3.6.

• Must be able to account for all assigned weapons, radios, optics and other sensitive items for their shift, 100% of the time, and report accordingly on a daily basis to the COR as defined in para 2.3.11.

• In charge of signing out all sensitive items, to include weapons and ammunition, at the start of each shift.

• Must have proficiency of Microsoft Office Suite software to include Outlook, Power Point, Excel, Word, and

Internet Explorer to facilitate reporting requirements.

• Must meet all Guard requirements (para 1.6.2).

1.6.2 Security Guard Qualification Requirements

• Shall be able to speak English (as defined in Para 1.5).

• Must have demonstrated proficiency in military, para-military or law enforcement service for a minimum of two

(2) years verified by the Contractor prior to recruitment.

• Must remain medically qualified IAW Para 2.3.6.

• Must maintain continuous qualification on their individual weapons IAW Para 2.3.4.7 and remain able to operate the weapon safely at all times while on duty.

• Must meet all physical requirements established in Para 1.4.

• Must be able to perform all prescribed tasks associated with the Base Defense Plan as outlined in para 4.6.

2.0 COMPLIANCE

If at any time the Contractor is unable to meet the standards established in this document they will immediately and formally notify the US Government in writing via an email to the Contracting Officer (KO) and the Contracting

Officer’s Officer Representative (COR).

2.1 Contract Compliance for Afghanistan

The Contractor shall ensure that all contractor personnel and its subcontractor personnel at all tiers comply, at all times, with (i) all applicable DoD regulations, directives, instructions, policies, procedures, and other orders issued by DoD Commander or his/her representative; and (ii) US, GIRoA, and International laws and Regulations; and (iii)

International Agreements, (e.g. treaties, conventions, protocols, Status of Forces Agreements, GIRoA Support

Agreements, and Defense Technical Agreements); applicable to contractors supporting the US Armed Forces under the facts and circumstances in Afghanistan. The Contractor shall adhere to all Policies, Procedures and

Requirements, including sharing information and coordinating reviews with the Armed Contract Oversight

Directorate (ACOD). In addition, the Contractor shall comply with Afghan law and regulations, including following with the traffic and not disturbing local driving patterns. The Contractor shall follow speed limits, unless mission and intelligence requires variations. The Contractor shall also fully comply with the guidance, rules, regulations, laws and standard operating procedures listed below:

REGULATIONS/MANUALS

/PUBLICATIONS

TITLE DATE

Civilian Extraterritorial Jurisdiction Act of 2014 (CEJA) 14 July 2014

DoD 5220.22-M National Industrial Security Program Operating Manual

(NISPOM)

28 Feb 2006

DoD Directive 2311.01E DoD Law of War Program 15 Nov 2010

DoD Directive 5252.5 DoD Cooperation with Civilian Law Enforcement Officials 15 Jan 1986

DoD Directive 5220.6 Defense Industrial Personnel Security Clearance Review

Program

02 Jan 1992

DoD Directive 6495.01 Sexual Assault Prevention and Response (SAPR) Program 11 Apr 2017

DoDI 1000.13, Chapter 1 DoD Identification (ID) Cards: ID Card Life-Cycle 23 Jan 2014

DoDI 3020.41 Operational Contract Support 20 Dec 2011

DoDI 3020.50 Private Security Contractors (PSCs) Operating in Contingency

Operations

22 Jul 2009

DoDI 5210.84 Security of DoD Personnel at US Missions Abroad 22 Jan 1992

DoDI 5525.11 Criminal Jurisdiction Over Civilians Employed By or

Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members

03 Mar 2005

DoDI 6055.4 DoD Traffic Safety Program 03 Oct 2017

DoD Guidebook For CAC-Eligible Contractors http://www.acq.osd.mil/dpap/pdi/gca/DoD_Contractor_Gui debook_UNCLAS_NETWORK_Access_11_21_2014_FIN

AL.pdf

21 Nov 2014

Geneva Conventions Relative to the Treatment of Prisoners of

War

(http://www.ohchr.org/EN/ProfessionalInterest/Pages/Treatment

OfPrisonersOfWar.aspx/Pages/TreatmentOfPrisonersOfWar.aspx

12 Aug 1949

Convention Respecting the Laws and Customs of War on Land

(Hague IV) and its Annex: Regulation Concerning the Laws and

Customs of War on Land

(https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-

0631.pdf)

18 Oct 1907

AJP 2.5(A) Handling of Captured Personnel, Equipment and Documents 01 Aug 2007

45 CFR 46 Protection of Human Subjects 14 Jul 2009

Pub. Law 95-511 Foreign Intelligence Surveillance Act of 1978 (as amended) 02 Jun 2015

Pub. Law 106-523 Military Extraterritorial Jurisdiction Act of 2000 (MEJA), Chapter 212

22 Nov 2000

Executive Order 12333 United States Intelligence Activities (as amended) 18 Jul 2014 http://www.acq.osd.mil/dpap/pdi/gca/DoD_Contractor_Guidebook_UNCLAS_NETWORK_Access_11_21_2014_FINAL.pdf http://www.acq.osd.mil/dpap/pdi/gca/DoD_Contractor_Guidebook_UNCLAS_NETWORK_Access_11_21_2014_FINAL.pdf http://www.acq.osd.mil/dpap/pdi/gca/DoD_Contractor_Guidebook_UNCLAS_NETWORK_Access_11_21_2014_FINAL.pdf http://www.ohchr.org/EN/ProfessionalInterest/Pages/TreatmentOfPrisonersOfWar.aspx/Pages/TreatmentOfPrisonersOfWar.aspx http://www.ohchr.org/EN/ProfessionalInterest/Pages/TreatmentOfPrisonersOfWar.aspx/Pages/TreatmentOfPrisonersOfWar.aspx http://www.ohchr.org/EN/ProfessionalInterest/Pages/TreatmentOfPrisonersOfWar.aspx/Pages/TreatmentOfPrisonersOfWar.aspx https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0631.pdf https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0631.pdf

Dept. of Justice Privacy Act of 1974 2015 Edition

Army Regulation 190-11 Physical Security of Arms, Ammunition and Explosives 5 Sep 2013

Army Regulation 190-13 The Army Physical Security Program 25 Feb 2011

Army Regulation 190-14 Carrying of Firearms and Use of Force for Law Enforcement and

Security Duties

12 Mar 1993

Army Regulation 190-16 Physical Security 31 May 1991

Army Regulation 195-5 Evidence Procedures 22 Feb 2013

Army Regulation 380-5 Department of the Army Information Security 21 Sep 2000

Army Regulation 380-10 Foreign Disclosure and Contacts with Foreign Representatives 14 Jul 2015

Army Regulation 385-10 The Army Safety Program 24 Feb 2017

DA Pam. 385-40 Accident Reporting and Records 18 Mar 2015

DA Pam 385-64 Ammunition and Explosives Safety Standards 24 May 2011

Army Training Circular 3-22.9 Rifle and Carbine 13 May 2016

Army Field Manual 3-39 Military Police Operations 26 Aug 2013

HQ RS Policy Letter COMISAF / CDR USFOR-A Counterinsurgency (COIN)

Contracting Directive

23 Oct 2012

USFOR-A FRAGO 16-143

MOD 1

Arming Procedures For DoD Contractors 060847Z JAN

Presidential Decree 66 Concerning the authorization of security contracts with Private

Security Companies

29 Aug 2015

Contracting in Afghanistan BSA/SOFA Guidelines V 5.0 Sep 2017

Civilian Expeditionary Workforce, USCENTCOM, Pre-

Deployment Guide

Jan 2016

USCENTCOM 021502z Dec 13 Mod Twelve To USCENTCOM

Individual Protection And Individual-Unit Deployment Policy

Dec 2013

The International Code of Conduct For Private Security Service

Providers

Aug 2013

ANSI-ASIS PSC.3-2013 Maturity Model for the Phased Implementation of a Quality

Assurance Management System for Private Security Service

Providers

29 Jan 2013

ANSI-ASIS PSC.2-2012 Conformity Assessment and Auditing Management Systems for

Quality of Private Security Company Operations

27 Apr 2012

ANSI-ASIS PSC.1-2012 Management System for Quality of Private Security Company

Operations - Requirements with Guidance

5 Mar 2012

The Montreux Document Aug 2009

Resolute Support SOP 00001 Organization and Processes within HQ RS 16 Jul 2017

Resolute Support SOP 00004 HQ RS Security Supplement to ACO Security Directive 70-1 10 Nov 2016

Resolute Support SOP 00066 UNSCR 1612 Children and armed Conflict (CAAC) 14 Nov 2017

Resolute Support SOP 00108 Casualty Reporting 05 Jan 2017

Resolute Support SOP 00206 Information Release 26 Feb 2017

Resolute Support SOP 00231 Theater Installation Access and Security Badging 08 Nov 2016

Resolute Support SOP 00234 Theater Security Policy 28 Mar 2017

Resolute Support SOP 00331 Theater Force Protection 29 Oct 2017

Resolute Support SOP 00332 Mitigation of the Insider Threat 10 Oct 2017

Resolute Support SOP 00336 Operational Safety 23 Aug 2017

Resolute Support SOP 00360 Military Police Operations 29Jul 2017

Resolute Support SOP 00361 Theater Driving Principles and Traffic Accident Procedures 15 Nov 2016

Resolute Support SOP 00362 Detainee Operations Policy 18 Sep 2017

Resolute Support SOP 00373 Direction and Guidance for Escalation of Force 12 Oct 2017

Resolute Support SOP 00393 In-Theater Training (ITT) for All RS Personnel 10 Sep 2017

Resolute Support SOP 00411 Theater Surface Movement 29 May 2017

Resolute Support SOP 00441 Force Health Protection 21 May 2017

Resolute Support SOP 00680 Theater COMSEC Management 24 Jun 2017

Resolute Support SOP 00803 RS Procurement and Contracting Operations 05 Jan 2017

Resolute Support SOP 01003 Operational Security (OPSEC) 13 Oct 2016

Resolute Support SOP 01301 RS Counter – Improvised Explosive Device (IED) 10 Jun 2017

Resolute Support SOP 01302 Improvised Explosive Device (IED) Exploitation and Reporting 30 Jun 2017

Resolute Support SOP 01303 Exploitation Train Advise and Assist 30 May 2017

BSA/SOFA Afghanistan Contracting in Afghanistan BSA/SOFA Guidelines, v3.0 1 Jul 2016

2.2 Combat or Combat-Like Activities

The Contractor recognizes that PSC and the personnel protected under this contract are non-combatants under the

Law of Armed Conflict and cannot take part in combat or combat-like activities or law enforcement activities.

2.3.1 Business Licenses

Contractors and performing work under this contract shall possess a Business License from the Afghanistan

Investment Support Agency (AISA) or equivalent agency. The Contractor shall also possess a PSC license issued by the Afghanistan Ministry of Interior (MoI). All contractors shall submit a current copy of their AISA (or equivalent) and PSC licenses in Dari and English with their proposal.

2.3.2 GIRoA Laws, Regulations and Policies

All Contractors shall ensure their employees comply with applicable GIRoA laws and regulations and secure applicable permits 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, CENTCOM and DoD arming policies.

2.3.2.1 All Contractors and Subcontractors are subject to Afghanistan jurisdiction, both civil and criminal.

2.3.2.2 Armed Contractors shall respect GIRoA laws and regulations.

2.3.2.3 Armed Contractors shall abide by rules established by the Installation Commander as required to meet all

Installation policies and procedures.

2.3.2.4 Armed Contractors shall follow the applicable Base Defense Operations Center’s (BDOC)

Communications Plan and detail a Communications Plan of their own to ensure constant radio communication with the USG and all other Guards on duty (Para 12.1).

2.3.2.5 Armed Contractors 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 substance abuse and illegal drugs which prohibit the performance of the employees 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.

2.3.2.6 Armed Contractors shall cooperate with Coalition and GIRoA Police/Security Forces. Armed Contractors shall not avoid or run through Coalition, Resolute Support (RS) or GIRoA Police/Security Force checkpoints.

2.3.2.7 Armed Contractors shall not aim their weapons at U.S., Coalition or GIRoA Police or Security Forces.

2.3.2.8 Armed Contractors shall maintain uniform standards that clearly distinguish their personnel from U.S.

Military, Coalition, RS or GIRoA Police/Security Force.

2.3.3 International and United States (U.S.) Laws, Regulations and Polices

All Contractors shall comply with applicable U.S. laws, regulations and policies. The Contractor shall also comply with International Laws as established by the International Military Police on each base. All contractors shall acknowledge the potential for civil and criminal liability under the aforementioned U.S. and International laws, including GIRoA.

2.3.4 Arming Authorizations

Contractor shall not be permitted to carry weapons until an arming authorization is granted. All Contractor and

Subcontractor employees shall carry their Arming Authorization Letter (AAL) while on duty and armed.

The armed Contractor shall only be armed when required for a specific mission and only when on duty. The arming authorization is contingent on Contractor submitting acceptable acknowledgements, forms, and information as required in Attachments 1 through 10 to USFOR-A FRAGO 16-143, Arming Procedures for DoD Contractors.

The Contractor shall provide, within fifteen (15) days prior of a change in personnel, the COR, KO, and ACO the documentation on all additional replacement personnel.

2.3.4.1 USCENTCOM OPORD 05-02, Annex C, Appendix 8, "Arming and Use of Force Policy," provides

USCENTCOM policy on the carrying and use of weapons by contractor personnel. USFOR-A FRAGO 16-143

MOD 1, "Arming Procedures for DoD Contractors," provides guidance specific to U.S. Forces-Afghanistan. The

Contractor is required to comply with the requirements set forth in these orders, or in future orders and directives when updated or replaced.

2.3.4.2 The USFOR-A ACOD manages the DoD contractor arming authorization program and makes all relevant and current guidance available to the Contractor under its SharePoint site, accessible via the internet at the following link: http://usfora.afghan.swa.army.mil/sites/ACOD/default.aspx.

2.3.4.3 Arming Authorization Request Packets on New Employees after Contract award. In accordance with

Attachments 1 through 10 to MOD 1 of USFOR-A FRAGO 16-143, or its superseding order or directive, the

Contractor shall upload arming authorization request documents for each employee into the Civilian Arming

Authorization Management System (CAAMS--- accessed via https://www.jccs.gov/) for the COR’s review. Arming https://www.jccs.gov/JCCSCOE/LaunchPage.aspx packets are mandatory for employees who are required to be armed; the Contractor shall submit all required documentation in support of arming requests to the COR no later than 60 days prior to the employee's first day of full performance on the contract. Exception: during mobilization period, arming requests shall be submitted into

CAAMS prior to arrival at CRC for EXPATS and prior to departure to Afghanistan for RSMA Guards. The

Contractor shall correct any deficiencies in the arming authorization packages within 48 hours of receipt of notice from the Government.

2.3.4.4 The law of Afghanistan requires that PSCs be properly licensed, and that PSC employees who are armed and who perform security duties on areas outside of a U.S. installation obtain a weapons license from GIRoA

Ministry of Interior Affairs, or equivalent. The Contractor is required to comply with the weapons registration and license requirements that are established by GIRoA. Contractors shall not carry or use weapons unless in possession of proper authorization from the GIRoA.

2.3.4.4.1 All GIRoA requirements are established by the Afghan Ministry of Interior Affairs; the Contractor shall contact the Afghan Ministry of Interior Affairs with any questions regarding the arming authorization requirements for contractor personnel as established by the GIRoA in relation to each performance location. If there is any change in the GIRoA Ministry, the Contractor shall direct questions to the appropriate authority.

2.3.4.5 The Contractor shall on a monthly basis verify that the status of guards who are currently employed to carry weapons in the performance of duties is accurately reflected in the CAAMS. This action shall be accomplished by ensuring that the "Armed" box for each armed guard is checked and that the "Confirm Date" box reflects the current date; and by verifying that personnel who are no longer employed as guards under the contract have the "Armed" box unchecked in their profile, with the "Confirm Date" box updated, or are transferred to the

CAAMS archive.

2.3.4.6 If CAAMS is discontinued at some point in the future, the Contractor shall submit "Civilian Arming

Roster" on a monthly basis to the COR. The "Civilian Arming Roster" shall accurately reflect the guards employed under the contract and authorized to carry weapons. The format for the "Civilian Arming Roster" shall be provided by the USFOR-A ACOD.

2.3.4.7 The Contractor shall conduct mandatory weapon safety training and ensure training remains current during the period of arming authorization. The Contractor shall renew safety training not less than every six (6) months after initial completion and proof of training shall be provided to the COR upon request. Additionally, proof of weapons qualifications and rules for the use of force/law of armed conflict training shall be provided to the COR by the Contractor. In accordance with USCENTCOM OPORD 05-02, Annex C, Appendix 8, this training remains valid for only twelve (12) months and must be re-accomplished annually. Contractors must ensure training does not expire during the period of arming authorization. Any lapse in required training will void arming authorizations and require the resubmission of a new arming authorization request.

2.3.5 Biometric Enrolling/Screening and Badging

Collection of Biometric data as a condition of employment is essential to positive identification of individuals in

Afghanistan. All employees that are not US EXPATS shall be biometrically enrolled in a U.S. Biometric Automated

Toolset (BTS) system prior to submission of an 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 ACOD Arming Roster (AR) (documents located at https://www.jccs.gov/CAAMS/) to identify the employees requiring enrollment/screening. If in an administrative position, employee shall submit to

Biometric Screening prior submission for request of Government installation badge. The Contractor shall submit a request for Biometric enrollment to the COR identifying the names and national identification number or passport number. After the employees are biometrically enrolled, the contractor shall provide a Biometric Verification for

Armed Contractor letter, located at Attachment 3 to MOD 1 to USFOR-A FRAGO 16-143. The Contractor shall provide all employees with a Company unique identification badge that shall not resemble the local installation badging scheme or color. All Contractors shall be enrolled/screened and receive a Government installation badge prior to performance. All contractor personnel must be biometrically enrolled and pass Counter Intelligence (CI) screening in order to obtain access badges. The contractor shall immediately notify the appropriate Information

Security Program Manager (ISPM) when employees no longer require access and the contractor shall return all

Government identification and access badges. The contractor shall immediately notify the COR and the appropriate

ISPM when Government identification and access badges are lost or stolen.

2.3.6. Medical Screening

All Contractor employees shall be medically screened in accordance with MOD 13 USCENTCOM

INDIVIDUAL/UNIT DEPLOYMENT POLICY and USFOR-A DCG-S Memorandum on Medical Screening

Requirements and Procedures. All Private Security Guard personnel shall be medically screened for Tuberculosis

(TB). Any private security guard personnel that tests positive for TB shall not perform under this contract.

2.3.7 Communication Plan

The Contractor shall submit a Communication Plan IAW Para 12.1. This plan shall detail how the Contractor plans on maintaining continuous radio contact with the BDOC and all other Force Protection units in the Area of

Responsibility (See Para 9.6 for MILSPEC requirements for radios). Upon acceptance by the COR and/or FP

Officer Commander the contractor shall maintain the plan and conduct operations accordingly.

2.3.8 Identification and Registration of Vehicles and Aircraft

Contractors shall identify and register its equipment in accordance with DFARS 252.225-7995; Class Deviation

2017-O0004. Contractors shall enroll/register all personnel in the Synchronized Pre-deployment Operational

Tracker (SPOT) system within seven (7) days of any changes pursuant to the DoD Business Rules for SPOT.

2.3.8.1 All contractors shall utilize SPOT to register and identify the armored vehicles, aircraft, and other vehicles operated by their personnel. Vehicles used by armed DOD contractors in the course of their security duties shall not be painted or marked to resemble US / RS / Coalition Military or GIRoA Military or Police/Security Force vehicles.

Contract security personnel must also register their up-armored NTVs with the Afghan MOI per the guidance published and updated by the MOI.

2.3.9 Weapons and Weapons Training

The contractor shall provide the following serviceable and fully functioning items to each guard: one (1) long barreled high caliber weapon (i.e. M-16 rifle/M-4 carbine or NATO equivalent) and one (1) 9mm pistol (i.e. M9 or

NATO equivalent), both with enough magazines for a basic combat load. Basic load for a rifle shall be 210 rounds

(7 magazines for an M4) and for a pistol its 45 rounds (3 magazines). If the contractor intends to have employees carry firearms on MILAIR flight into theater, they shall have a weapons qualification completed and approved

Arming Authorization letter, prior to arriving in theater.

2.3.9.1 Armed contractors shall possess or use weapons or ammunition in accordance with USFOR-A 16-143 and all Afghanistan laws. Armed contractors shall be required to be qualified operators of their assigned weapon(s) prior to arrival in country. Weapons training shall be documented on weapons qualification forms IAW Attachment 3 to

USFOR-A 16-143. Non-U.S. and Non – Standard weapons shall be requested IAW Attachment 2 to USAFOR-A

16-143. Unsatisfactory employee qualification results shall be reported to the COR.

2.3.9.1.1 Contractor shall be qualified on primary weapon, such as the 9MM pistol and the M-16/M-4 or NATO equivalents. The COR shall define any special weapons qualifications, such as the need to certify each employee’s ability to shoot with a laser at night. Non-U.S. and Non – Standard weapons shall be requested IAW Attachment 2 to

USAFOR-A 16-143.

2.3.9.2 All required training shall remain current during the period of arming authorization and rifle/pistol weapons safety training shall be renewed every six (6) months after initial completion. Weapons qualifications and rules for the use of force/law of armed conflict training are valid for twelve (12) months. Contractors shall ensure training does not expire during the period of authorization. Any lapse in required training shall void arming authorization and require the resubmission of a new arming authorization request. Contractors shall be unable to perform guard duties without a current AAL.

2.3.9.2.1 The Contractor shall coordinate on a monthly basis range access with the COR. Range access is limited and will require extensive forewarning to allow the government to coordinate for Contractors to gain access to ranges at each performance location.

2.3.9.2.2 The Contractor shall ensure arming suitability for their employees. All employees have a mandatory obligation to report any change in their arming suitability to their immediate supervisor, cause for personnel not suitable to bear arms include; substance abuse or under the influence of any mind altering or impairing substance, emotional distress to include suicidal thoughts where employee is not physically, emotionally or mentally stable to carry a lethal weapon.

2.3.9.3 Crew-Served Weapons

The Contractor shall make every attempt to qualify individuals on the medium machine gun (ex. M240 or NATO

Equivalent) and light machine gun (ex. M249 or NATO equivalent) machine guns, or NATO equivalent, prior to arrival to FOB OQAB/HKIA, MES or KAF. Initial crew-served weapons qualification must be conducted and issued with correctly completed scorecards per Standard Arming Authorization requirements. If required, the

Contractor shall coordinate with the COR to qualify employees on crew-served weapons. Scheduled range times for crew-served weapon qualifications will be scheduled at Camp Scorpion, Camp Morehead, and Bagram Airfield and conducted at the USG’s earliest convenience. However, the Contractor shall maintain all position requirements for guards (ex, tower guards will be required to uphold a M240 weapons qualification or non-standard weapons qualification as defined in para 2.3.9.1).

2.3.9.3.1 Crew-Served Weapon Restrictions

Only qualified Contractors shall be provided access to crew-served weapons and be assigned position requiring the operation of crew served weapons (i.e. tower guard). The contractor shall coordinate with the COR to meet all Crew

Served weapons qualifications within the first thirty (30) days of the mobilization period.

2.3.9.4 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.

2.3.9.5 When required by the Afghan MOI, all employees shall obtain a GIRoA weapons license before they may carry a weapon. Contractors are required to keep copies of employees’ weapons license on hand for review, by

COR, BDOC, or equivalent Force Protection Agency, at all times.

2.3.9.6 While on duty and armed, each Contractor shall maintain positive control of their assigned weapon(s). Any loss of control of an individual’s assigned weapon shall be seen as negligence and be handled with the highest level of severity and seriousness. Any loss of control or accountability of weapons, or any sensitive item, must be immediately reported to the COR and/or Force Protection Commander.

2.3.9.7 Reserved

2.3.9.8 Weapons/Ammo Inventory

The Contractor shall maintain a serialized weapons accountability list and maintain weapons accountability at all times. Weapons and ammunition shall be inventoried every shift change and reported to COR, BDOC or equivalent

Force Protection agency. The contractor shall submit to the COR a weapons/ammunition inventory list (IAW Para

12.1).

2.3.9.9 Weapons Maintenance

All weapons shall be checked and cleaned periodically in accordance with OEM recommended maintenance schedule. All armed personnel shall ensure their weapons are in proper working order at all times. All armed personnel shall conduct daily function checks on all assigned weapons prior to assuming duties. If an employee’s weapon is not in the proper working condition, the employee shall immediately report to their Shift Supervisor or the contractor’s appropriate chain of command for repair and/or approved replacement. Any known and recognizable hazards, e.g. unserviceable weapon, shall be identified and replaced with serviceable weapon. The contractor shall notify the COR of any weapons maintenance issues.

2.3.10 Ammunition Supply

The Contractor shall provide the ammunition for the weapons procured by the contractor for the use of this contract.

Any known and recognizable hazards, e.g. unserviceable ammunition, shall be identified and replaced with serviceable ammunition. All ammunition shall be in accordance with Department of the Army Pamphlet 385-64, Ammunition and Explosives Safety Standards, dated 24 May 2011 (Rapid Action Revision (RAR) Issue Date: 10

October 2013). While on duty, all armed personnel shall have a basic load (210 rounds of rifle ammunition and 45 rounds of pistol ammunition) of ammunition on their person for their assigned weapons. Ammunition will not be modified in any way. Contractor shall proactively replace out dated/unserviceable ammunition

2.3.10.1 Ammunition Disposal

The Contractor is responsible for disposing of all unserviceable ammunition in accordance with applicable GIRoA law.

2.3.11 Lockable Storage Containers

The contractor shall provide lockable storage containers to secure equipment and all Sensitive Items, as determined by the USG, at the service location. The government will direct the placement of containers and have keys provided to the COR for emergency access. The contractor is required to provide a detailed plan to the KO and COR within fifteen (15) days after award of its storage plan and accountability of sensitive items.

2.3.12 Individual Equipment

The Contractor shall provide serviceable and fully functioning items to each guard: one (1) long barreled high caliber rifle and one (1) 9mm pistol, magazines, protective body armor with front/back/side plates, sufficient ammo pouches to carry required ammunition, pistol in holster, rifle sling, Advanced Combat Helmet (ACH), individual first aid kit (IFAK), day/night eye-protection, night vision device (as required, night shift only), infrared aiming laser (PEQ-15 or…