Attach 1 - SOW.pdf

ATTACHMENT 1

FUEL BUNKER MAINTENANCE FOR JOINT BASE BALAD (JBB)

STATEMENT OF WORK

11 FEBRUARY 2009

1.0 GENERAL

This statement of work indentifies fuel bunker operations and maintenance support to be provided to US Army, Joint Base Balad, Iraq. The contractor shall provide all materials, labor, tools, services, equipment, and incidental items necessary to manage, administer, and complete tasks identified in this Statement of Work (SOW).

2.0 BACKGROUND

Balad Airfield is an airfield previously operated by the Iraqi Air Force under the Saddam Hussein regime. The airfield has two operational runways and a relatively large number of hardened aircraft hangars and other facilities.

These hardened facilities include (10) jet fuel storage and pumping facilities, which were built approximately 20 years ago.

3.0 HOURS OF OPERATION

3.1 The normal hours of operation shall be 0730 until 1730 daily, seven (7) days per week.

3.2 The daily schedule may be changed by the Government to support mission requirements.

3.3 Changes will be made at no additional cost to the Government provided that total weekly hours (70 hours per week) are not increased.

3.4 Lay-Down days due to conditions beyond contractor control are considered work days.

3.5 Access will be granted to all sites as scheduled unless delayed due to safety, security, or other concerns, and delays shall be documented as such in the event the delay results in extended work days and/or extended costs.

4.0 PERSONNEL CERTIFICATIONS & QUALIFICATIONS

4.1 Contract manager(s) shall be responsible for supervision of employees and oversight of daily operations.

The name of this person, and an alternate, shall be designated in writing to the Contracting Officer. The contract manager and alternate shall have full authority to act on behalf of the contractor concerning matters relating to daily operations as required by this SOW. The contract manager and alternate must speak fluent English and possess at least a Secret-level security clearance.

4.2 All contractor employees shall be able to communicate effectively in the English language.

4.3 All contractor personnel must be capable of obtaining a Multi-National Forces Identification Card, Flight Line Access Card, and unescorted access to the base. Contractor personnel shall be requierd to undergo screeing to obtain access to the base. All employees shall attend a badging briefing at the Screening Center within one week of contract award. Appointments for this briefing will be coordinated with the Contracting Officers Representative. The contractor is responsible for replacing any employee who does not successfully complete the badging process, or have their unescorted badging privileges revoked. Basic badging requirements are as follows:

4.3.1 Brown Badge: Must undergo full screening process. Coalition Forces Third Country Nationals may be issued a Brown Badge. Brown Badge personnel do not require an escort and are allowed to escort up to 5 red badge personnel without an exception to policy.

4.3.2 Yellow Badge: Must undergo full screening process. Third Country Nationals may be issued a Yellow Badge. Yellow badge personnel do not require an escort and are allowed to escort up to 5 red badge personnel without an exception to policy.

4.3.3 Orange Badge: Must undergo full screening process. Third Country Nationals may be issued an Orange Badge. Orange badge personnel do not require an escort; however, they cannot escort anyone else.

4.3.4 Red Badge: Must undergo full screening process. Red badge personnel require a yellow, brown, or CAC holder escort everywhere they go on the FOB.

4.4 Contractor shall have the capability and legal authority to perform background checks on all employees to include American citizens and local national employees (if necessary).

4.5 Personnel must be qualified on fuel dispensing operations and ground safety on all aspects of fuel dispensing and storage.

4.6 All work on electrical systems shall be performed by qualified electricians with a minimum of five (5) years of experience in electrical repairs and maintenance work.

4.7 All work on mechanical systems shall be performed by qualified millwrights, pipe fitters, welders, and/or mechanics as required with a minimum of five (5) years experience in petroleum systems repairs and maintenance.

4.8 Help and/or apprentices with less than five (5) years experience will be permitted to work under the direct supervision of a certified and experienced electrician or mechanic.

5 EXISTING EQUIPMENT & FACILITIES

5.1 A total of ten (10) jet fuel storage and pumping facilities (20 years of age) exist on JBB.

5.2 Nine (9) facilities contain the following:

5.2.1.1 Four (4) each, 26,400 gallon (100 cubic meters) tanks

5.2.1.2 One (1) each, 2,600 gallon (10 cubic meters) slop oil tank

5.2.1.3 One (1) each, Main pump room

5.2.1.4 Two (2) each, Fuel truck off-loading pump rooms

5.2.1.5 Five (5) each, Truck loading/off-loading stations

5.2.1.6 Note: 105,600 gallons (400 cubic meters) of total storage at each of the nine (9) sites, totalling 950,400 gallons (3,600 cubic meters).

5.3 One (1) fuel storage & pump site contains the following:

5.3.1.1 Three (3) each, 26,400 gallon (100 cubic meters) tanks

5.3.1.2 Total at this site is 79,200 gallons

6 SPECIFIC TASKS

6.1 Contractor shall be responsible for uploading and downloading fuel into and from bunkers to tanker trucks.

6.2 The contractor shall ensure the quality of fuel is maintained within the bunkers through sampling using MIL Handbook 201b as guidance.

6.3 The contractor shall comply with the codes and regulations referenced in Appendix 2 for operations.

6.4 The contractor shall prepare a site safety plan and activity hazard analysis for all operations at fuel bunkers.

6.5 The contractor shall provide hazardous waste spill plan.

6.6 The contractor shall at all times maintain the work area is free from accumulation of waste material or rubbish and prior to the completion of work shall remove generated rubbish from the work area.

6.7 Upon completion of each work activity, the contractor shall leave the area in a clean and neat condition satisfactory to the Contracting Officer or Contracting Officers Representative (COR).

7 MAINTENANCE PROGRAM

7.1 The contractor shall provide preventative maintenance and unscheduled maintenance on the following equipment. Typical equipment at each bunker includes items listed below.

7.1.1 Electrical Distribution System

7.1.2 Air Ventilation Systems

7.1.3 One 11Kw Offloading Pump

7.1.4 One 37.5 Kw Loading Pump

7.1.5 One Off-Grade Transfer Pump

7.1.6 One Slop Pump

7.1.7 One Loading Bay Control Center

7.1.8 One Off-Loading Bay Control Center

7.1.9 One Off-Grade Loading Bay Control Center

7.1.10 Four 100 Cubic Meter Bulk Storage Tanks

7.1.11 One 10 cubic meter Slop/Off-Grade Storage Tank

7.1.12 One Primary Filter Unit

7.1.13 Two Filter/Separator Units

7.1.14 Valves, Strainers, Ancillary Equipment

7.1.15 Piping, Hoses, Meters

7.1.16 Facility Structure

7.1.17 Facility Grounds

7.1.18 All Associated Appurtenances

7.2 All reasonably intact system components are considered to be operational and/or field repairable. In the event a component is declared non-repairable in the field or non-reparable, a change of condition notice shall be submitted to the COR for determination of further actions.

7.3 The contractor shall put a work order program in place to document all maintenance and repairs for equipment at the ten (10) fuel bunker sites (facilities 8020, 8021, 8022, 6666, 8024, 8025, 8026, 8027, 8028, 8002) located on JBB. Note: Bunker 8022 has an electrical distribution system, Automatic Tank Gauging system (ATG), and pumps.

7.4 Contractor will coordinate with the COR and obtain approval for scheduled outages to permit maintenance activities. Prior to shutting down equipment for repairs and/or maintenance that diminishes or disables the ability to transfer fuels for a period exceeding four (4) hours, approval is required from the COR.

7.5 A detailed account of facility systems is located in the Facility Operations and Maintenance Guide and is located in Attachment 2.

7.6 Inactive system components are not considered for operations, maintenance and repair activities unless designated as such in writing by the Contracting Officer or Contracting Officer Representative.

7.7 Maintenance supplies shall be provided as part of the O & M services at no additional cost to the Government. Supplies are consumable items and minor parts required for routine and scheduled maintenance.

7.8 Repair parts required to restore failed or failing systems are reimbursed in accordance with Para 8.2 of this Statement of Work.

8 FACILITY & EQUIPMENT IMPROVEMENTS

8.1 The Contractor shall prepare a list of recommended system repairs, to include repairs required for compliance w/ applicable codes, for submission to the Contracting Officer Representative at the end of the first month of performance.

8.1.1 The list shall be updated monthly thereafter to reflect any changes and a copy shall be submitted to the Contracting Officer.

8.1.2 This list shall include actions and estimated parts costs for repair actions which can be completed within available hours in order to improve compliance of the system with applicable codes.

8.2 The Contractor shall submit written requests to the Contracting Officer for approval to procure needed repair parts.

8.2.1 The request shall include justification for the needed parts, the price to be paid, transportation costs and any handling costs that will be paid.

8.2.2 Contractor will be reimbursed for actual costs, not to exceed the total amount reflected on the approved request.

8.3 Repairs performed shall not consist of upgrades, modifications or other changes to the system components, structures, or configurations other than those necessary to restore the system to its original condition with the exception of the aircraft hangar hydrants; and dependent upon certain conditions shall vary according to the requirements.

9 WORK REPORTS & MAINTENANCE RECORDS

9.1 The Contractor shall maintain separate books, records, documents, and other evidence pertaining to the operation and maintenance, repair and costs for all designated facilities to the extent and in such detail as will properly and adequately reflect the past operations and maintenance history and costs (materials, supplies, and equipment).

9.2 Log Books shall be provided and maintained by the contractor in each bunker office for all fuel transferred and contain the following information at a minimum:

9.2.1 Company or tenet unit taking delivery or making delivery of fuel, quantity, and laboratory analysis of fuel.

9.2.2 All on-site tasks at the time of occurrence for each facility.

9.2.3 The entries shall contain but not be limited to the names of employees, nature of task, time started and completed, date, and result.

9.3 Samples of reports and records required shall be submitted to the Contracting Officer for approval.

10 GOVERNMENT FURNISHED PROPERTY & SERVICES

10.1 Furnished office space . Maintenance of this facility shall be the responsibility of the contractor.

10.2 DSN phone lines

10.3 Contractor shall be provided with a suitable tanker and driver during system drainage operations.

11 LIFE SUPPORT

The Government shall provide the following life support:

11.1 Housing, however maintenance of the containerized housing unit is the responsibility of the contractor.

11.2 Dining facility privileges and bottled water

11.3 Laundry services, same as that provided to military personnel

11.4 Post/Base Exchange (PX/BX) by virtue of Government issued ID Card (DD Form 1173) and MNFI cards with privileges as defined in the Government issued Letter of Authorization (LOA).

11.5 MWR facilities to include: gymnasiums, theaters, sports facilities and other recreational facilities

12 QUALITY CONTROL

12.1 Contractor shall establish and maintain a complete Quality Control Program to ensure the requirements of the contract are provided as specified.

12.2 A copy of the Contractor’s Quality Control Program shall be provided to the Contracting Officer NLT 15 calendar days after contract award and as significant changes occur.

APPENDIX 1

SPECIAL CONTRACT REQUIREMENTS

Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports

(IRAQ AND AFGHANISTAN).

USTRANSCOM Commercial Carrier contract employees or subcontract employees performing truck driving within the borders of Iraq and Afghanistan are exempt from paragraph 4 of this clause, provided FAR 52.222-50 is included.

Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports

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.

END

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?

• Name

• Age

• Nationality and country of residence

• When did the incident occur?

• Where did it happen?

• How was the person kidnapped?

Armed Personnel – Incident Reports (Jul 08): All Contractors and subcontractors in the Multi-National Forces-Iraq (MNF-I)/Combined Joint Task Force (Afghanistan) theater of operations shall comply with and shall ensure that their personnel supporting MNF-I/CJTF forces are familiar with and comply with all applicable orders, directives, and instructions issued by the MNF-I/CJTF Commander relating to force protection and safety.

For IRAQ: 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/JOC Watch.

Fitness for Duty and Limits on Medical / Dental Care in Iraq and Afghanistan (Jan 09):

(1) 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.

(2) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (ie. 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).

(3) 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.

(4) 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.

(5) 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 4 June 2008, 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.

(a) Inpatient daily rate: $2,041.00. Date of discharge is not billed unless the patient is admitted to the hospital and discharged the same day.

(b) Outpatient visit rate: $195.00. This includes diagnostic imaging, laboratory/pathology, and pharmacy provided at the medical facility.

Compliance with Laws and Regulations. The Contractor shall comply with, and shall ensure that its personnel and its subcontractors and subcontractor personnel at all tiers obey all 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.

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 knowingly facilitate the departure of 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.

Quarterly Contractor Census Reporting (Jul 08). The prime contractor will report upon contract award and then quarterly thereafter, not later than 1 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 (MAR 2008) or DFAR DOD class deviation 2007-O0010.

Arming of Contractors: Iraq/Afghanistan

Arming Requirements and Procedures for Private Security Company (PSC) Contracts, Personal Security Detachment (PSD) Contracts, and for Requests for Personal

Protection in Iraq and Afghanistan (July 2008)

General. Contractor and its subcontractors at all tiers that require arming under this contract agree to obey all laws, regulations, orders, and directives applicable to the use of private security personnel in Iraq and Afghanistan, including US CENTCOM, Multi-National Force Commander and Multi-National Corps Commander orders, instructions and directives. Contractors will ensure that all employees, including employees at any tier of subcontracting relationships, armed under the provisions of this contract, comply with the contents of this clause and with the requirements set forth in the following:

(1) DODI 3020.41, Contractor Personnel Authorized to Accompany the US Armed Forces;

(2) DFARS 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United

States; (MAR 2008)

(3) Class Deviation 2007-O0010, Contractor Personnel in the United States Central Command Area of Responsibility

(4) CPA Order #17, Registration Requirements for Private Security Companies, dated 27 Jun 04;

(5) US CENTCOM Policy Letter, Mod 1, Personal Protection and Contract Security Service

Arming, dated 7 Nov 2006

b. Required Government Documentation. The unit requesting the contractor security shall provide a description of the following to the arming approval authority and to the contracting officer:

(1) The specific location where the PSC will operate;

(2) The persons and/or property that require protection;

(3) The anticipated threat;

(4) The required weapon types; and

(5) The reason current security/police forces are inadequate.

c. Required Contractor Documentation. Contractors and their subcontractors at all tiers that require arming approval shall provide the following to the contracting officer representative (COR):

(1) Documentation that each employee who will be armed under the contract received the following training—

(A) Weapons Qualification/Familiarization. All employees must meet the qualification requirements established by any DoD or other U.S. government agency

(B) Law of Armed Conflict (LOAC);

(C) Rules for the Use of Force (RUF), as defined in the US CENTCOM Policy, dated 23

December 2005; and

(D) Distinction between the above-prescribed RUF and the Rules of Engagement (ROE), which are applicable only to military forces.

(2) Completed DD Form 2760 (or equivalent documentation) for each armed employee, indicating that the employee is not otherwise prohibited under U.S. law from possessing the required weapon or ammunition.

(3) One (1) copy of a business license from the Iraqi or Afghani Ministry of Trade or Interior;

(4) One (1) copy of an operating license (or a temporary operating license) from the Ministry of Interior;

(5) A communications plan that, at a minimum, sets forth the following:

(A) The contractor’s method of notifying military forces and requesting assistance where hostilities arise or combat action is needed;

(B) How relevant threat information will be shared between contractor security personnel and U.S.

military forces; and

(C) How the contractor will coordinate transportation with appropriate military authorities.

(6) An acceptable plan for accomplishing background checks on all contractor and subcontractor employees who will be armed under the contract. The contractor shall, at a minimum, perform the following (which will be specifically addressed in its plan and which will be documented and furnished to the COR upon completion):

(A) Use one or more of the following sources when conducting the background checks:

Interpol, FBI, Country of Origin Criminal Records, Country of Origin US Embassy Information Request, CIA records, and/or any other records available;

(B) Verify with MNC-I or Afghanistan RCE – CG Provost Marshal that no employee has been barred by any commander within Iraq or Afghanistan; and

(C) Certify, after completing all checks, that all persons armed under this contract are not prohibited under U.S. law from possessing a weapon or ammunition.

d. Required Contractor Acknowledgements. Contractors and their subcontractors at all tiers that require arming approval will provide written acknowledgement of the following to the COR:

(1) Penalties for Non-Compliance. Failure of contractor or subcontractor employee(s) to comply with the laws, regulations, orders, and rules (including those specified herein) governing the use of force may result in the revocation of weapons authorization for such employee(s). Where appropriate, such failure may also result in the total revocation of weapons authorization for the contractor (or subcontractor) and sanctions under the contract, including termination.

(2) Criminal and Civil Liability. Arming of contractor or subcontractor employees under this contract may subject the contractor, its subcontractors, and persons employed by the same, to U.S. and Host Nation prosecution and civil liability. “Host Nation” refers to the nation or nations where services under this contract are performed.

(3) Lapses in Training. Failure to successfully retrain an employee who is armed under this contract within twelve (12) months of the last training date will constitute a lapse in the employee’s authorization to possess and carry the weapon. All unauthorized employees will immediately surrender their weapon to the contractor and will remain unarmed until such time as they are retrained and the COR determines that the retraining is sufficient.

e. Authorized Weapon & Ammunition Types. Unless DCDRUSCENTCOM (or a designee) provides otherwise, all arming requests and authorizations for contractor or subcontractor employees under this contract shall be limited to U.S. Government-approved weapons and ammunition. This restriction applies to all weapons in the possession of contractor employees, even if such weapons are required for personal protection. The following weapons and ammunition are currently authorized by the U.S.

Government for use in Iraq and Afghanistan:

(1) The M9, M4, M16, or equivalent (e.g. .45 CAL, AK-47).

(2) The M9 or equivalent sidearm will be the standard personal protection weapon unless other weapons are specifically requested and approved.

(3) US government Ball ammunition is the standard approved ammunition.

f. Requirements for Individual Weapons Possession. All employees of the contractor and its subcontractors at all tiers who are armed under this contract must:

(1) Possess only those U.S. Government-approved weapons and ammunition for which they are qualified under the training requirements of section (c);

(2) Carry weapons only when on duty or at a specific post;

(3) Not conceal any weapons, unless specifically authorized;

(4) Carry proof of authorization to be armed. Employees not possessing such proof will be deemed unauthorized and must surrender their weapon to their employer; and

(5) IAW USCENTCOM G.O. #1, consumption of alcohol in Iraq or Afghanistan is prohibited. In the event of a suspension or and exception to G.O. #1, employees shall not consume any alcoholic beverage while armed or within eight (8) hours of the next work period where they will be armed.

g. Weapons/Equipment Restrictions and Responsibilities. Unless otherwise provided, the U.S.

Government will not provide any weapons or ammunition to contractors, their subcontractors, or any employees of the same. The Contractor will provide all weapons and ammunition to those employees that will be armed under the contract. The contractor and its subcontractors at all tiers will also provide interceptor body armor, ballistic helmets, and the Nuclear, Biological, and Chemical (NBC) protective masks to those employees that require such equipment in the performance of their duties.

h. Rules for the Use of Force (RUF). In addition to the RUF and ROE training referenced in paragraph (c), the contractor and its subcontractors at all tiers will monitor and report all activities of its armed employees that may violate the RUF. Prompt reporting demonstrates a desire by the contractor and its subcontractors to minimize the impact of any violations and, therefore, will be given favorable consideration. Violations of the RUF include, though are not limited to:

(1) Taking a direct part in hostilities or combat actions, other than to exercise self-defense;

(2) Failing to cooperate with Coalition and Host Nation forces;

(3) Using deadly force, other than in self-defense where there is a reasonable belief of imminent risk of death or serious bodily harm;

(4) Failing to use a graduated force approach;

(5) Failing to treat the local civilians with humanity or respect; and

(6) Detaining local civilians, other than in self-defense or as reflected in the contract terms.

i. Retention and Review of Records. The Contractor and all subcontractors at all tiers shall maintain records on weapons training, LOAC, RUF and the screening of employees for at least six (6) months following the expiration (or termination) of the contract. The Contractor and its subcontractors at all tiers shall make these records available to the Contracting Officer or designated representative, at no additional cost to the government, within 72 hours of a request.

j. Contractor Vehicles. Vehicles used by contractor and subcontractor personnel in the course of their security duties shall not be painted or marked to resemble US/Coalition or host nation military and police force vehicles.

k. Quarterly Reporting. The prime contractor will report quarterly (i.e. NLT 1 January, 1 April, 1 July and 1 October for each quarter of the calendar year) to the Contracting Officer responsible for this contract, and any other organization designated by the Contracting Officer, the following information under this contract:

(1) The total number of armed civilians and contractors;

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

A general assessment of the threat conditions, adequacy of force numbers, and any problems that might require a change to force levels. Note: this information is in addition to the information the contractor promises to immediately provide under the communications plan referenced at paragraph (c)(5).

APPENDIX 2

LIST OF REFERENCES & PUBLICATIONS

12.2.1 Uniform Mechanical and Plumbing Code

12.2.2 National Electric Code

12.2.3 MIL-HDBK-201B, Military Standardization Handbook Petroleum Operations http://www.combatindex.com/mil_docs/pdf/hdbk/0200/MIL-HDBK-201B.pdf>

12.2.4 Safety and Health requirement manual EM385-1-1 (US Army Corps of Engineers) http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx

12.2.5 DoD 4140.25-M, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal http://www.dtic.mil/whs/directives/corres/html/414025m4.htm

12.2.6 DESC Interim Policy and Procedural Guidance

a. DESC I-29, SOP for DWCF Owned Fuels in Iraq/Kuwait

b. DESC I-4, FCC Processing of Fuel and EOM Transactions http://www.desc.dla.mil/DCM/DCMPage.asp?PageID=479

12.2.7 AR 710-2, Inventory Management, Supply Policty Below the National Level, Ch 2, Para 2-37 http://www.army.mil/usapa/epubs/pdf/r710_2.pdf

12.2.8 DA PAM 710-2-1, Inventory Management, Using Unit Supply System (Manual Procedures) http://www.army.mil/usapa/epubs/pdf/p710_2_1.pdf

12.2.9 Air Force Instruction 23-201, Fuels Management and Safety http://www.e-publishing.af.mil/shared/media/epubs/AFI10-201.pdf