updatedwaterpws-14March.pdf

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Iraq Theater-Wide Purified Bottled Water
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W91GDW-08-R-4019
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J-1 Statement of Work

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Attachment J-1 W91GDW-08-R-4019 March 14, 2008

STATEMENT OF WORK (SOW)

FOR

PURIFIED BOTTLED WATER

1.0 GENERAL INFORMATION:

1.1 The purpose of this contract is to provide purified bottled water produced at LSA Adder, Tallil, Iraq.

1.2 The contractor shall provide all supplies and personnel necessary to produce, bottle, package, palletize, and issue purified bottled water in accordance with this Performance Work Statement.

1.3 The contractor will provide purified bottled water in 1 liter bottles.

1.4 The contractor will produce, stage, store, and issue palletized cases of purified bottled water to any authorized requesting activities at LSA Adder.

The contractor shall conduct issuing operations in accordance with this SOW and within the operating hours stated in paragraph 3.0.

2.0 PURIFIED WATER/EQUIPMENT CAPABILITIES:

2.1 The contractor shall provide palletized cases of purified bottled water. Pallets of purified bottled water shall be packaged in such a way as to minimize dirt, dust, and debris from getting onto the bottles. The pallets and packaging shall be consistent with the best commercial practices and water industry standards, with adequate stability to enable transport of the water throughout the Iraqi theater of operations without compromise to product due to poor packaging.

2.2 The contractor shall provide a production methodology to produce purified bottled water inventories in accordance with the following maximum production level:

LOCATION Maximum Daily Production Levels (liters)

Camp Adder 210,000

2.3 The Government requires production to occur at LSA Adder. The contractor is responsible for the set-up/assembly of the plant to be placed at LSA Adder. The plant must have the capability to be relocated to another location.

2.4 The Contracting Officer’s Representative will provide a 30/60/90 day forecast. The 30 day forecast will become the revised minimum on-hand inventory.

2.5 The proposed production methodology shall focus on maintaining inventory quantities no less than 75% of the 10 Days of Supply (DOS) of bottled water according to the monthly forecast requirements provided by the COR. The Government estimates that the total volume production per year will be between 5 million and 8 million cases of bottled water. The Government requires no less than 10 DOS at the production site based upon the 30 day production forecast provided by the COR. The DOS is based on the supported population at LSA Adder. The 30 day forecast will include anticipated production rates and the anticipated population at each site. 1 DOS is equal to 6 liters of water per person per day.

2.6 The contractor shall alert both the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) anytime inventory levels fall below 10 DOS. This alert shall include the current inventory level in cases and the current inventory level in percent of required minimum, as well as the contractor’s plan to re-establish an acceptable inventory level (See paragraph 9.4).

2.7 The Government requires that the bottles and caps be made of recyclable plastic. In accordance with the Society of the Plastics Industry, either Resin Code 1, Polyethylene Terephthalate (PET, PETE) or Resin Code 2, High Density Polyethylene (HDPE) may be used to make the water bottles and caps.

2.8 At the conclusion of the contract (end of the contract or any Option period of performance), the contractor shall be responsible for removing the plant, supplies and personnel at no cost to the government within 90 days of conclusion of the contract.

3.0 PLANT WATER STORAGE YARD:

The contractor shall maintain a storage lay down yard with the capacity to store, at one time, a minimum of 150,000 cases and a maximum of 300,000 cases of water.

The contractor shall provide overall management and lift capability to operate and maintain the water storage lay down yard at LSA Adder. The purpose of the storage lay down is to quarantine the BTW for a 48 hour period, for required testing to be performed, before being released. The contractor shall operate a customer service center/area for requisition and loading from 0700-1900, 7 days a week. The contractor shall provide:

3.1 Appropriate staff to operate and manage the water storage yard.

3.2 Water storage yard office with adequate lighting and climate control.

3.3 Water Storage Yard Manager to support the efficient and safe movement and upload and download of truck/trailers.

3.4 An adequate number of forklifts, pallet jacks, and other Material Handling

Equipment (MHE) to support the efficient and safe movement, upload, and download of trucks/trailers.

3.5 The contractor shall ensure the product is staged/segregated according to receipt date. The contractor shall utilize the First In/First Out (FIFO) inventory management practice.

4.0 TIMELINE:

4.1 All bottled water minimum inventories shall be in place no later than 1 August 2008.

4.2 The contractor shall produce purified bottled water in such amounts as to satisfy the minimum inventory levels as forecasted by the COR, unless directed otherwise by the Contracting Officer.

5.0 PERSONNEL:

5.1 Personnel:

The contractor shall determine the appropriate number of personnel and provide the necessary job classifications in order to perform the work. The contractor shall have a contracts and compliance administrator who serves as a focal point. At a minimum, site manager and site engineer contractor personnel shall be able to communicate in English both verbally and in writing 24 hours a day 7 days per week.

5.1.1 Contracts and Compliance Administrator

Responsible for ensuring:

• Monthly Situation Reports (SITREP) from the LSA Adder Facility are accomplished in a timely manner to keep the Contracting Officer and Contracting Officer’s Representative aware of all issues at the facility.

• Monthly Distribution Summary Reports from LSA Adder Facility are accomplished to keep the US military abreast of all purified water distribution.

• Adequate communication between the contractor and Contracting (JCC-I) AND (Expeditionary Sustainment Command—ESC) to identify, resolve, and report relevant issues pertaining to the contract.

• That all contractor personnel comply with badging, LOA requirements, and local and theater-wide security requirements.

• Shall be the direct point of contact for the Contracting Officer (KO) and capable of binding, authorizing, and directing performance of the contractor.

5.2 Storage Facility Manning

The Government expects that the contractor will appropriately man the storage yard collocated with the bottled water plant.

6.0 PURIFIED BOTTLED WATER QUALITY:

6.1 Only CENTCOM approved bottled water suppliers will be used to fulfill this requirement. Each offeror must obtain CENTCOM approval prior to issuing water to U.S. Government, Coalition, or NATO forces. The purified bottled water must meet or exceed all US Government standards, including but not limited to:

a. Army Regulation (AR) 40-657, Veterinary/Medical Food Safety, Quality Assurance and Laboratory Services.

b. MIL STD 3006A, Department of Defense (DOD) Standard Practices, Sanitation Requirement for Food Establishments.

c. MIL STD 3006A, Appendix K, Code of Federal Regulation (CFR), Title 21, Part 110 – Bottled Water/Soft Drinks

d. Code of Federal Regulation (CFR), Title 21, Part 129, Processing and Bottling of Bottled Drinking Water

e. Code of Federal Regulation (CFR), Title 21, Part 165, Beverages

f. Code of Federal Regulation (CFR), Title 40, Part 141, National Primary Drinking Water Regulations

g. AR 40-660, DOD Hazardous Food and Nonprescription Drug Recall System

h. Technical Guide 188, Food and Water Vulnerability Assessments

i. US Food and Drug Administration (FDA) Title 21, Code of Federal Regulations (21 CFR)

j. Purified water as defined in US Pharmacopeia, 23rd Revision, dated January 1, 1995.

k. Production equipment shall be certified in accordance with FDA Certification of production equipment and industry standards.

6.2 Any tainted, contaminated, expired, or “otherwise unfit for human consumption” bottled water will be disposed of at no cost to the Government.

6.3 Contractor personnel must be healthy and maintain adequate personal hygiene standards. Sick or ill contractor personnel must be relieved of duty until such time that his/her health is recovered.

6.4 The Government reserves the right to conduct routine, un-announced sanitary inspections of the contractor’s facilities and/or contractor personnel to ensure strict compliance of the above standards.

6.5 Complete documentation must be maintained for all invoices for a period of not less than 12 months. This documentation must establish the source of the bottled water product, the production date, and the expiry date. Additionally, in accordance with best commercial practices, each case and each individual bottle of bottled water product must be marked with the production date and the expiry date.

6.6 Local Iraqi river, lake, or well water is anticipated by the Government to be used as a production source. The Government cannot guarantee the initial quality of the raw water that is provided.

7.0 QUALITY CONTROL.

7.1 The contractor shall establish and maintain a complete Quality Control Plan to ensure that the requirements of the contract are provided as specified.

One copy of the contractor’s Quality Control Plan shall be provided to the Contracting Officer and the Contracting Officer Representative at the time their proposal is submitted. An updated copy must be provided to the Contracting Officer and the Contracting Officer Representative as changes occur.

7.2 The Quality Control Plan shall describe the methods for identifying and preventing problems before the level of performance becomes unacceptable.

8.0 QUALITY ASSURANCE.

8.1 The Government will evaluate the contractor’s performance under this contract using the method of surveillance specified in paragraph 6.0, Purified Bottled Water Quality. All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the COR will obtain the contractor’s representative’s initials on the record of the observation. The COR will then submit a Contract Discrepancy Report.

8.2 Performance Evaluation Meetings. The contract manager may be required to meet periodically with the COR and Contracting Officer at the beginning of contract performance. Meetings will be scheduled as needed.

The contractor may request meetings whenever a Contract Discrepancy Report is issued. The written minutes of these meetings shall be signed by the contractor’s representative, Contracting Officer, and COR. If the contractor does not concur with the minutes he shall state any areas of non-concurrence within five days of receipt of the signed minutes.

9.0 REPORTS/DELIVERABLES. During the performance of this contract:

9.1 The contractor shall submit a monthly situation report (SITREP) that delineates the opening inventory balance, cases produced, cases issued, and ending inventory balance per site. The SITREP should highlight the days which inventory fell below 75% (deficiency). Furthermore, the SITREP should include a comments section that explains inventory deficiencies, production problems, issuance problems, delivery problems, and any other relevant operational issues.

9.2 The contractor shall provide a daily SITREP for bottled water production, disbursement, and operational conditions and/or concerns at each plant.

9.3 The contractor shall also maintain all inspection and test reports generated by the preventive medicine, and veterinary inspection personnel. The contractor shall provide copies of all reports and submit to the KO/COR.

9.4 The contractor shall immediately provide a report to the COR and Contracting Officer for any distribution of any potentially contaminated water.

9.5 The contractor shall immediately provide a report to the COR and Contracting Officer, anytime inventory balances fall below 75% of the required minimum at LSA Adder Facility. This report shall be made daily, unless otherwise directed by the KO, for each day the inventory is below 75% of 10 DOS. This report shall include a proposed Course of Action (COA) to get the inventory balance back to an acceptable level.

10.0 ADMINISTRATIVE:

10.1 Contractor Employee Clearances. Contractor shall establish a local hire recruiting/vetting program. Contractor will conduct interviews and review employment application information for candidates. A background check must be conducted for all Local National (LN) personnel hired by the contractor. The Contractor shall be responsible for obtaining all necessary clearances and visas for all personnel required to enter Iraq and Kuwait. All Contractor personnel shall have a valid passport and a Kuwaiti and Iraq Visa. All U.S. Contractor employees performing under this contract are required to process through the Continental

United States (CONUS) Replacement Center (CRC) presently located at Fort Benning, Georgia, see the following website: https://www.infantry.army.mil/CRC/.

Department of Defense Federal Acquisition Regulation (FAR) Supplement (DFARS) 252.225-7040: Contractor Personnel Authorized to Accompany U.S.

Armed Forces Deployed Outside the United States applies, see Section I, of the solicitation/contract. Third Country National (TCN) Contractor employees shall process through the Kuwaiti Processing Center. It is the responsibility of the Contractor to obtain all required documentation for their employees to successfully process through theses deployment centers. If permitted by regulations, coalition employees will be granted Iraqi-wide badges to facilitate staff movement between sites.

NOTE: Third Country Nationals (TCN) Contractor personnel are not required to process through a CRC, but are required to process into theater through the Joint Reception Center (JRC) at Ali Al Salem Air Base in Kuwait.

10.2 Place of Performance. The Contractor shall perform services required in the Statement of Work at LSA Adder, Tallil, Iraq.

NOTE: This location is on a military installation in a combat zone. This is a desert region with high temperatures during the day, low temperatures at night; wind and blowing sand, decreased sanitization, limited resources to include supplies and materials, with austere and unimproved conditions in and around the supported military installation.

10.3 Safety.

10.3.1 The Contractor shall take adequate measures designed to safeguard personnel, protect property and safeguard against sabotage, damage, and theft of all material and supplies.

10.3.2 The Contractor shall execute safety procedures during the execution of the Contract that are consistent to the greatest extent practical with accepted U.S. Department of Labor Occupational Safety and Health Administration regulations (www.osha.gov) and that are consistent with generally accepted commercial practices.

The contractor shall draft a Contractor Quality Assurance Plan (CQAP) that outlines proposed safety procedures.

10.3.3 The Contractor shall ensure all required personnel wear protective/ sanitary clothing during the execution of the contract that are consistent to the greatest extent practical with accepted U.S.

Department of Labor Occupational Safety and Health Administration regulations. Contractor protective gear requirements shall be documented in the CQAP.

10.3.4 The Contractor shall fully cooperate with any safety or other investigation set up to determine the circumstances of the accident and shall abide by its finding and recommendations, in the event of a serious accident where life, limb, or sight has occurred during contract execution.

10.3.5 The contractor shall report any safety incident that involves the loss of life, limb, sight, or other serious bodily injury within 2 hours of the incident, and provide daily situation reports addressing the incident until otherwise directed by the Contracting Officer or the COR .

10.4 Travel:

10.4.1 The Contracting Officer shall authorize contractor personnel intra-theater travel—as required—via individual Letters of Authorization.

10.4.2 The Contractor will be responsible for the transportation of supplies.

NOTE: US contractor personnel will be authorized entry and exit from military installations without escort.

NOTE: TCNs will be given different levels of access due to security background checks and level of security required.

Depending on that level, movement in and around the Iraqi Area of Operations (AO) and military installations may or may not require escort. .

NOTE: It is anticipated that performance under this contract will be without military escort/military convoy support. If the Government opts to provide transportation escort/security, the contractor shall be required to adhere to the convoy procedures.

NOTE: No TCN or US contractor is authorized to travel in a Government Tactical Vehicle for this contract.

NOTE: Exceptions to any access and/or restrictions of personnel as previously mentioned shall be approved by the local installation/Garrison Commander at the request of the Contracting Officer, on a case by case, exception-basis.

11.0 GOVERNMENT FURNISHED MATERIAL (GFM) AND GOVERNMENT

FURNISHED EQUIPMENT (GFE)

11.1 There will be no GFE provided under this contract.

11.2 The Government will provide land within a secure military base for the purpose of setting up and operating the required production facility and water storage yard. The government will establish and maintain roadways into and out of each delivery depot that minimizes mud and dust conditions.

11.3 Base support, as available, to include billeting/quarters, messing facilities, AAFES Post/Base Exchange, banking, check cashing, currency exchange, commissary, theater, laundry, gymnasium, Morale Welfare and Recreation facilities and activities commensurate with that afforded Government employees and military personnel. All contractor personnel are to be provided living space comparable to that provided to military and DoD civilians. In the short term, that may be a tent with cots and shower and toilet facilities. As base improvements continue, contractors will be moved along with the military personnel into living containers or hardstand buildings and assigned quarters based on grade. Deployed support personnel will be granted access to military facilities and be provided billeting on secure facilities. No contractors in theater will be billeted off of a US secure facility.

11.4 Fuel shall be provided to the contractor for the operation of generators, Non-tactical Vehicles (NTVs), and any material handling equipment (MHE) such as forklifts.

11.5 The Government will provide DSN telephone communications at LSA Adder.

12.0 SPECIAL CONTRACT CLAUSES/PROVISIONS

12.1 Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports (Dec 2007)

All contractors (“contractors” herein below includes subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

Contractors are also required to comply with the following provisions:

1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language that defines the terms of their employment/compensation.

3) Contractors shall not utilize unlicensed recruiting firms, or firms that charge illegal recruiting fees.

4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor’s written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process.

6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements.

Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

12.2 Reporting a Kidnapping (Dec 2007)

To Report a Kidnapping Contract manager will notify the JCCI/A Duty Officer at phone number 914-822-1419 when an employee kidnapping occurs:

Report the following information:

Name of person reporting: ________________

Phone: ____________________

E-mail: ___________________________________________________

• Who was kidnapped?

o Name o Age o Nationality and country of residence

• When did the incident occur?

• Where did it happen?

• How was the person kidnapped?

12.3 Armed Personnel – Incident Reports (Dec 2007): 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.

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.

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.

12.4 Fitness for Duty and Limits on Medical / Dental Care in Iraq and Afghanistan (Dec 2007): The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, CENTAF, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protectives and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiologic control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year)) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1year) of mood disorder, thought disorder, anxiety, somotoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power;

HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 8 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, PPG-Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM

AOR).

In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided.

Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual.

Routine dental care, examinations and cleanings are not authorized.

Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. In accordance with

OUSD(C) Memorandum dated January 4, 2007, the following reimbursement rates will be charged for services at all DoD deployed medical facilities. These rates are in effect until changed by DoD direction.

Inpatient daily rate: $1,918.00. Date of discharge is not billed unless the patient is admitted to the hospital and discharged the same day.

Outpatient visit rate: $184.00. This includes diagnostic imaging, laboratory/pathology, and pharmacy provided at the medical facility.

12.5 Quarterly Contractor Census Reporting (Dec 2007). The prime contractor will report upon contract award and then quarterly thereafter, not later than January, 1 April, 1 July and 1 October, to JCCI.J2J5J7@pco-iraq.net for Iraq and to BGRMPARC-A@swa.army.mil for Afghanistan the following information for the prime contract and all subcontracts under this contract:

(1) The total number of contract employees performing on the contract who receive any support benefits, including but not limited to billeting, food, use of exchanges, laundry by host nation, US Nationals, and Third Country Nationals;

(2) The total number of prime contract employees performing on the contract by host nation, US Nationals, and Third Country National;

(3) The total number of subcontractor employees performing on the contract by subcontractor, host nation, US Nationals, and Third Country National;

(4) The company names and contact information of its subcontractors at all tiers; and

(5) The name of all company POCs who are responsible for entering and updating employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFAR 252.225-7040 DOD class deviation 2007-O0004 or DFAR DOD class deviation 2007-O0010.

Compliance with Laws and Regulations (Dec 2007)

(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 Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps 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.

(End)

13.0 DEFINITIONS:

Contaminated, tainted, or “unfit for human consumption” Water: Water creating a human heath risk if consumed.

Acceptable Quantity Level (AQL): no less than 75% of the defined minimum inventory level at LSA Adder.

Confirmed Incident of Contaminated Water: Documented incident of distribution of a production lot of Contaminated Water from a bottled water facility including documentation of the investigation and results. Individual bottles of contaminated water which cannot be confirmed NOT to be a part of a contaminated commercial lot or are suspected to have been tampered with are evidence of contaminated water for the purposes of this definition. Only the Contracting Officer or the Contracting Officer’s Representative (COR) shall direct the contractor in instances of suspected contaminated water. The contractor must notify the Contracting Officer and/or the COR anytime any bottled water product is suspected to be contaminated, regardless if that product is in current inventory or has been distributed. Contaminated Water must immediately be identified, segregated, and removed from existing bottled water inventories. Disposal of contaminated water will be conducted by the contractor at no-cost to the Government.

Monthly Deduction for Confirmed Incident of Contaminated Water: Contaminated water adversely affects AQL. AQL requirement waivers will not be granted as a result of contaminated water instances. See monthly deduction for performance below AQL paragraph above.

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