SolicitationW91GDW-08-R-4019031308.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

See 31C.

4. ORDER NO.

5. SOLICITATION NO.

W91GDW-08-R-4019

6. SOLICITATION ISSUE DATE

18 March 2008

7. FOR SOLICITATION

INFORMATION CALL

a. NAME TSgt Heike M. Bell

b. TELEPHONE NO. (No collect calls) 703-544-6186

8. OFFER DUE DATE/LOCAL

1700 Baghdad Time on 4 Apr 2008

9. ISSUED BY CODE 10. THIS ACQUISITION IS 12. DISCOUNT TERMS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

JOINT CONTRACTING COMMAND IRAQ/AFGHANISTAN

PARC-I MTWR Source Selection Branch POC: TSgt Heike M. Bell

BAGHDAD, IRAQ

APO, AE 09348

Comm: 703-544-6186 Email: JCCI_MTWR_SS@pco-iraq.net

SIC:

SIZE STD:

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE INDIVIDUAL TASK ORDER

Joint Contracting Command - Iraq/Afghanistan PARC-I MTWR Services Branch, Baghdad, Iraq APO AE 09348

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

As Set Forth on Individual Delivery Orders

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ______________ OFFER DATED

_________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

33. SHIP NUMBER 34. VOUCHER

NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED AND CONFORMS TO

THE CONTRACT EXCEPT AS NOTED PARTIAL

37. CHECK NUMBER

32c. DATE

36. PAYMENT

COMPLETE PARTIAL FINAL 32b. SIGNATURE OF AUTHORIZED GOVT REP

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

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

41b. SIGNATURE AND TITLE OF CERTIFYING 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D

(YY/MM/DD)

42d. TOTAL CONTAINERS

X

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT

Section B - Schedule Of Supplies And Services

Ordering Period: Contract Award through Three Years Thereafter (one 12-month base period and two 12-month option periods).

B-1 CONTRACT MINIMUM/MAXIMUM VALUE

The minimum contract value for all delivery orders issued against this contract shall not be less than the contract value stated in the following table. The maximum contract value for all delivery orders issued against this contract shall not exceed the maximum contract value stated in the following table.

MINIMUM

MAXIMUM

AMOUNT **

$12,000,000.00 $102,000,000.00

** This maximum amount represents the combined total (ceiling) of all base and option years for all delivery orders awarded as a result of this contract. All delivery orders awarded, when combined, cannot exceed this maximum.

B-2 DELIVERY ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each task order issued shall not be less than the minimum order value stated in the following table. The maximum order value for each task order issued shall not exceed the maximum order value stated in the following table.

MINIMUM

MAXIMUM

$100,000.00 $50,000,000.00

B-3 CLIN STRUCTURE

Section B – Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

IRAQ THEATER WIDE (LSA ADDER) PURIFIED BOTTLED (H20)

Firm Fixed Price (FFP)

ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE

STATEMENT OF WORK

PERFORMANCE PERIOD: BASE YEAR

FOB: DESTINATION

NET AMT N/A

0001AA CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 JUNE – 31 AUGUST

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD________________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

FFP

FOB: Destination

NET AMT $0.00

0001AB CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 SEPT – 30 NOV

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

0001AC CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 DEC – 28 FEB

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

0001AD EA

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 MAR – 31 MAY

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

IRAQ THEATER WIDE (LSA ADDER) PURIFIED BOTTLED (H20)

Firm Fixed Price (FFP)

ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE

STATEMENT OF WORK

PERFORMANCE PERIOD: OPTION YEAR 1

FOB: DESTINATION

1001AA

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 JUNE – 31 AUGUST

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD________________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

NET AMT

1001AB CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 SEPT – 30 NOV

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

1001AC CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 DEC – 28 FEB

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

1001AD CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 MAR – 31 MAY

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

2001 1 Year

IRAQ THEATER WIDE (LSA ADDER) PURIFIED BOTTLED (H2O)

Firm Fixed Price (FFP)

ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE

STATEMENT OF WORK.

PERIOD OF PERFORMANCE: OPTION YEAR 2

PURCHASE REQUEST NUMBER:

2001AA CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 JUNE – 31 AUGUST

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

2001AB CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 SEPT – 30 NOV

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

2001AC CS

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 DEC – 28 FEB

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

>600,000 CASES USD_________________

2001AD EA

PURIFIED WATER IN ONE LITER BOTTLES, TWELVE BOTTLES IN

EACH CASE. OFFEROR MUST OBTAIN CENTCOM APPROVAL PRIOR

TO ISSUING WATER TO THE US GOVERNMENT, COALITION, OR

NATO FORCES. THE PURIFIED BOTTLED WATER MUST MEET OR

EXCEED ALL US GOVERNMENT STANDARDS IAW STATEMENT OF

WORK, PARAGRAPH 6.0 PURIFIED BOTTLED WATER QUALITY.

1 MAR – 31 MAY

PRICE PER CASE PER MONTH

001 – 100,000 CASES USD_____________

100,000 – 200,000 CASES USD_____________

200,000 – 300,000 CASES USD_____________

300,000 – 400,000 CASES USD_____________

400,000 – 500,000 CASES USD_____________

500,000 – 600,000 CASES USD_____________

600,000 – 700,000 CASES USD_____________

>700,000 CASES USD_________________

Section C - Descriptions and Specifications

STATEMENT OF WORK

PURIFIED BOTTLED WATER

14 March 2008

(See Attachment J-1)

Section D - Packaging and Marking

D-1 REPORTS AND OTHER DELIVERABLES

(a) The Contractor shall submit all reports and other deliverables as listed in the SOW.

(b) The following information shall be provided with all reports. However, if the report incorporates a logo or letterhead, this information shall be provided on a severable cover sheet and not on the same sheet of paper as the logo or letterhead.

• Contract Number

• Short Title of the Project

• Name of Contractor

• Contractor’s Project Director and Phone number

• Government Point of Contact

(c) The distribution to parties external to the contract of any contract report in any stage of development or completion is prohibited without the approval of the Contracting Officer (CO).

Section E - Inspection and Acceptance

E-1 Invoicing

(a) Submit invoices to the Contracting Officer’s Representative (COR) who will forward the invoice and a Signed DD Form 250, Material Inspection and Receiving Report, (Attachment J-3) for acceptance of goods/services.

Section F - Deliveries or Performance

F-1 Period of Performance

(a) Contract Period of Performance (ordering period) will be base year with two option years. The Government contemplates one 12-month base year and two 12-month option periods.

(b) Individual delivery orders issued against the basic contract will determine applicable performance periods.

Section G - Contract Administration Data

G-1 Administration Office

(a) Contract will be administered by the following Office:

Joint Contracting Command – Iraq/Afghanistan PARC-I MTWR Services Branch Baghdad, Iraq APO AE 09348 Email: JCCI-TWR-Services@pco-iraq.net

(b) Payment will be made by: This will be addressed by each task order.

G-2 Payment by Electronic Funds Transfer (EFT)

(a) Method of payment. All payments by the US Government under this contract shall be made by electronic funds transfer (EFT). In the event the US Government is unable to release a payment by EFT, the government will authorize a cash or check payment in accordance with the Prompt Payment Act.

(b) Submission of Contractor's EFT information. The Contractor is required to provide the US Government with the information required to make payment by EFT by completing the Wire Transfer Authorization Form provided in Section J, Attachment 2, Banking Payment Information. The Contractor shall return this information directly to the payment office. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the paying office.

G-3 Reporting Contractor Compliance with Support of Iraq Socioeconomic Program

Iraqi Employment and Subcontract Reporting. The contractor shall report socio-economic status on monthly invoices.

Complete the following information on each invoice or as an attachment to the invoice.

Total Iraqi (Iraqi citizens or legal residents residing in Iraq) employed during the invoice month.

Total: ________________________ Iraqi Men: _____________________ Iraqi Females: __________________ *(Gender breakdown is for statistical purposes only)

Total Non-Iraqi Employed*:

Total: _________________________ Male: _________________________ Female: _______________________ *(Gender breakdown is for statistical purposes only

Names of Iraqi Subcontractors and Suppliers used during invoice period:

Itemization of Principal Materials / Services procured during the invoice period:

Value of Materials of Iraqi manufacture procured during the invoice period:

Section H - Special Contract Requirements

H-1 SECURITY CLEARANCES AND PERSONNEL IDENTIFICATION

(a) All personnel will require identification badges issued by MNF-I, JASG, USG, or other associated agencies. Each expatriate on the Contractor’s staff must carry a badge on his or her person. Each local hire shall carry a national identification badge. Identification badges must be visible at all times.

(b) Any personnel requiring/possessing a SECRET clearance will be identified in the SOW.

H-2 ARMED PERSONNEL – INCIDENT REPORTS

(a) All Contractors and subcontractors in the Multi-National Forces-Iraq (MNF-I) theater of operations shall comply with and shall ensure that their personnel supporting MNF-I forces are familiar with and comply with all applicable orders, directives, and instructions issued by the MNF-I Commander relating to force protection and safety.

(b) Contractors shall provide an initial report of all weapons firing incidents to the Reconstruction Operations Center (ROC) as soon as practical based upon the situation and shall submit a written report to a ROC within 48 hours. The initial report will include the name of the company, where the incident occurred, time when the incident occurred, a brief description of the events leading up to the incident, and a point of contact for the company. A follow-up, comprehensive written report of events surrounding the firing of weapons will be provided to the ROC within 96 hours. Reports shall be submitted to the ROC, Operations Section (or as otherwise directed): roc.ops@aegisiraq.com, DSN 318-239-4301, VOIP 703-544-1370, MCI 914-822-5302, IRENA 07902-7762300, Thurman 8821621157354, and IMMERSED 870764061257.

(c) Contractors will also provide first aid and request MEDEVAC of injured persons, and remain available for Coalition response forces based upon the situation. In the event contractor personnel are detained by US or Coalition Forces, prolonged detention due to lack of proper identification can be alleviated by contractor personnel possessing on their person information that includes the Contractors name, the contract number, a POC in the Contractor management, and the phone number of the ROC.

H-3 COMPLIANCE WITH LAWS AND REGULATIONS

(a) The Contractor shall comply with, and shall ensure that its personnel and its subcontractors and subcontractor personnel at all tiers obey all existing and future U.S. and Host Nations laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps fragmentary orders, instructions and directives.

(b) Contractor employees performing in the USCENTCOM Area of Operations are under the jurisdiction of the Uniform Code of Military Justice (UCMJ). Under the UCMJ, U.S. commanders may discipline contractor employees for criminal offenses.

Contractors shall advise the Contracting Officer if they suspect an employee has committed an offense. Contractors shall not permit an employee suspected of a serious offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the senior U.S. Commander in the country.

Section I - Contract Clauses

52.203-3 Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative --

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled --

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause)

52.204-9 Personal Identity Verification of Contractor Personnel. (Sep 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M- 05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (4) [Reserved]

___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

___ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O.

13126).

___ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

___ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (29) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2003)(31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.)

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(x) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or delivery orders by a warranted Contracting Officer. Such orders may be issued for 36 months commencing on the effective date of the contract.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods.

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single task order in excess of $50,000,000.00;

(2) Any order for a combination of delivery orders in excess of $50,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to accept orders under this contract after three years after the effective date of the contract.

(End of Clause) 52.217-7 Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the end of the contract performance period. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

(End of clause)

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s): http://farsite.hill.af.mil, http://www.arnet.gov/far.

(End of Clause)

Addendum to FAR 52.252-2, Clauses Incorporated By Reference (Feb 1998)

52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2007) 52.222-29 Notification of Visa Denial (Jun 2003)

52.222-50 Combating Trafficking in Persons (Apr 2006) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Apr 1984) 52.229-6 Taxes – Foreign Fixed Priced Contracts (Jun 2003) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (Apr 1984) 252.201-7000 Contracting Officer's Representative (Dec 1991) 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (Dec

2006) 252.222-7002 Compliance with Local Labor Laws (Overseas) (Jun 1997) 252.225-7005 Identification of Expenditures in the U.S. (Jun 2005) 252.225-7041 Correspondence in English (Jun 1997) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (Mar 2006) 252.232-7008 Assignment of Claims (Overseas) (Jun 1997) 252.232-7010 Levies in Contract Payments (Dec 2006) 252.233-7001 Choice of Law (Overseas) (Jun 1997)

(End of Addendum)

252.212-70001 Contract Terms and Conditions required to implement statutes or executive orders applicable to Defense Acquisitions of Commercial Items. (MAR 2008)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

__X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(2) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(3) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C.

637 note).

(4) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).

(5) ____ 252.225-7012, Preference for Certain Domestic Commodities (MAR 2008) (10 U.S.C. 2533a).

(6) ____ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(7) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(8) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(9) ____ 252.225-7021, Trade Agreements (MAR 2007) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(10) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(11) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(12)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(13) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(14) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(15) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(16) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(17) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(18) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(19) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(20)(i) _X___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(21) _X___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C.

2533a).

X (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

X (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

X (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. (JUN 2006) (Deviation)

(a) Definitions. As used in this clause—

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

“Other military operations” means a range of military force responses that can be projected to accomplish assigned tasks. Such operations may include one or a combination of the following: civic action, humanitarian assistance, civil affairs, and other military activities to develop positive relationships with other countries; confidence building and other measures to reduce military tensions; military presence; activities to convey messages to adversaries; military deceptions and psychological operations; quarantines, blockades, and harassment operations; raids; intervention operations; armed conflict involving air, land, maritime, and strategic warfare operations; support for law enforcement authorities to counter international criminal activities (terrorism, narcotics trafficking, slavery, and piracy); support for law enforcement authorities to suppress domestic rebellion; and support for insurgency, counterinsurgency, and civil war in foreign countries.

“Theater of operations” means an area defined by the combatant commander for the conduct or support of specified operations.

(b) General.

(1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in—

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations;

(iii) Other military operations; or

(iv) Military exercises designated by the Combatant Commander.

(2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations.

(3) Contractor personnel are civilians accompanying the U.S. Armed Forces.

(i) Except as provided in paragraph (b)(3)(ii) of this clause, Contractor personnel are not authorized to use deadly force against enemy armed forces other than in self-defense.

(ii) Private security Contractor personnel are authorized to use deadly force only when necessary to execute their security mission to protect assets/persons, consistent with the mission statement contained in their contract.

(iii) Civilians who accompany the U.S. Armed Forces lose their law of war protection from direct attack if and for such time as they take a direct part in hostilities.

(4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c) Support.

(1) (i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) The Contracting Officer shall include in the contract the level of protection to be provided to Contractor personnel.

(iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2) (i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the theater of operations may be provided resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(4) Contractor personnel must have a letter of authorization issued by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the theater of operations. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(e) Pre-deployment requirements.

(1) The Contractor shall ensure that the following requirements are met prior to deploying personnel in support of U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract.

(i) All required security and background checks are complete and acceptable.

(ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theater-specific immunizations and/or medications not available to the general public.

(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a theater of operations and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the…